прописи на енглеском језику

This Law shall regulate the conditions for entry, movement, stay and return of foreigners, as well as the competencies and tasks of the state administration authorities of the Republic of Serbia relating to entry, movement, stay of foreigners in the territory of the Republic of Serbia and their return from the Republic of Serbia.

(1) This Law shall not apply to the foreigners which:

     1) have submitted their applications for asylum or who were granted asylum or temporary protection in the Republic of Serbia, unless laid down otherwise by the law;

     2) enjoy privileges and immunities pursuant to the international law in the part that is excluded by such privileges and immunities;

     3) have been granted the status of refugees within the meaning of the Law on Refugees.

(2) Provisions of the Convention Relating to the Status of Stateless Persons shall apply to stateless persons, if that is more favourable for them.

(1) Individual expressions used in this Law shall have the following meanings:

1)   a foreigner shall be each person who does not have the citizenship of the Republic of Serbia;

2)   a competent authority shall be the organisational unit of the Ministry of Interior, Police Directorate - outside of the seat, which performs the tasks relating to the movement and stay of foreigners;

3)     border police is the organisational unit of the Ministry of Interior, Police Directorate - in the seat, which performs the tasks of border control and the tasks relating to the movement and stay of foreigners;

4)     a diplomatic-consular mission of the Republic of Serbia (hereinafter: a diplomatic-consular mission) is a permanent diplomatic mission and consular post of the Republic of Serbia in a foreign country which is authorized to issue visas as defined in the Vienna Convention on Diplomatic Relations;

5)   an entry shall be the arrival of foreigners in the territory of the Republic of Serbia, which has been approved by the border police, by crossing the state border, i.e. a border crossing point at which border control is carried out, where retaining of foreigners in the transit area of an airport or in the anchorage of a terminal or a port through which the international traffic is carried out shall not be considered, within the meaning of this Law, to constitute an entry into the Republic of Serbia;

6)  transit shall imply passing across the territory of the Republic of Serbia;

7)   border control shall imply the control of persons and travel documents, control of the means of transport and control of objects that is carried out in the area of the border  crossing point in response to an intention to cross the state border or immediately after having crossed the state border and other controls in compliance with the law;

8)   reasons relating to the protection of security of the Republic of Serbia are an expression of the need to protect the vital and permanent national values which are laid down in the Constitution and the law, including the security of its citizens;

9)   a stateless person shall be a foreigner who is not considered as a national by any state under the operation of its law;

10)    the country of origin shall be the country of which the foreigner has the nationality, i.e. the country in which the stateless person had the usual place of residence;

11)   the usual place of residence shall be the place in which the foreigner remained under circumstances based on which it can be concluded that he/she did not stay in such place  or area temporarily only;

12)  a foreign travel document shall be the personal, family, collective, diplomatic or official passport, seaman's book and certificate of discharge furnished with a visa and another document recognized in international treaties as a travel document, based on which the identity of its holder can be established, the validity term of which has not expired and which has been issued in compliance with the regulations of a foreign state, i.e. a relevant act of an  international organisation;

13)  ID card for a foreigner shall mean the document certifying the foreigner's identity which shall be issued to a foreigner who is permanently residing, and is the permit for foreigner's permanent residence, in the Republic of Serbia*;

13a) the single permit shall mean the permit for foreigner's temporary residence and work in the Republic of Serbia*;

13b) the temporary residence permit shall mean the approval of foreigner's temporary residence in the Republic of Serbia*;

13v) the single web portal (hereinafter referred to as: the single portal) shall mean the publicly accessible online portal through which applications are submitted which the foreign nationals, in compliance with this Law, can submit electronically, and which is technically maintained by the authority competent for designing, adjusting, development and functioning of electronic government*;

14)   a carrier shall be a legal person, an entrepreneur, i.e. a natural person registered for public transportation of passengers in air, road, waterborne or railway traffic;

15)  a minor shall be a foreigner who has not turned eighteen years;

16)  an unaccompanied minor shall be a foreigner who has not turned eighteen years of age and who is, on the occasion of entry into the Republic of Serbia, unaccompanied by his/her parents, guardians or an adult person who is responsible for him/her or who has,

 

following the entry in the Republic of Serbia, become unaccompanied by the parents or guardians or an adult person who is responsible for him/her;

17)  employment shall be entering into employee-employer relation or employment of foreigners within the meaning of regulations governing employment of foreigners in the Republic of Serbia;

18)    family reunification shall be entry and residence by the immediate family members of a national of the Republic of Serbia or of a foreigner who is residing lawfully in the territory of the Republic of Serbia in order to preserve the family unit;

19)   a student shall be a foreign national who has been enrolled at an accredited establishment of higher education with the aim of acquiring higher education, in compliance with the regulations governing the field of higher education;

20)    a pupil shall be a foreign national who has been enrolled in elementary or secondary education in compliance with the regulations governing the field of elementary of secondary education;

21)  scientific and research work shall be the creative work which is performed on a systematic basis with a view to improving the knowledge level and its application in all fields  of science, in compliance with regulations governing the scientific and research activity;

22)   a scientific and research organisation shall be a public or private organisation pursuing scientific and research work in the Republic of Serbia;

23)  a scientific researcher shall be a foreign national who acquired a doctoral degree in a certain field of science or who holds a relevant higher education degree enabling his/her access to doctoral studies, and who has been elected by the scientific and research organisation to conduct his/her research activity;

24)   particularly vulnerable persons shall be: the persons with disabilities, elderly persons, pregnant women, single parents with underage children, victims of torture, rape or some other form of serious violence (including domestic and intimate partner violence which can be caused by the sex, gender, sexual orientation and gender identity), victims of human trafficking, persons facing the threat of torture, inhumane or degrading treatment or punishment in their countries of origin due to their sexual orientation or gender identity, minors and unaccompanied minors;

25)  unauthorized residence shall be the presence, in the territory of the Republic of Serbia, of a foreigner who does not fulfil or who no longer fulfils conditions for entry or further stay in the territory of the Republic of Serbia;

26)   return shall be the procedure of returning of a foreigner, either voluntary or compulsorily, to the country of origin, a transit country in compliance with the bilateral agreements or readmission agreements or to a country to which the foreigner returns voluntarily and in which he/she shall be accepted;

27)   compulsory removal shall be the enforcement of the obligation to return with exercising of police powers;

28)  a shelter for foreigners (hereinafter referred to as: the shelter) shall be a facility for accommodation of foreigners who have not been authorized to enter the country or for whom decisions on expulsion, removal from the country or on return have been passed, who cannot, however, be immediately removed and who have been, in compliance with the law, ordered to stay under enhanced police surveillance;

29)  a residential address shall be the city/town, municipality, populated place, street, house number, floor and apartment number at which a foreigner intends to stay during his/her authorized temporary residence in the Republic of Serbia.

 

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*  Published in the Službeni glasnik RS, No 62/23 of 27 July 2023.

 

* Published in the Službeni glasnik RS, No 62/23 of 27 July 2023.

* Published in the Službeni glasnik RS, No 62/23 of 27 July 2023.