Tax Alert, May 2019

Law on Amendments and changes of the Law on Foreigners

Law on amendments and changes of the Law on Foreigners was published in the Official Gazette no. 31/2019, on April 29_, 2019. Law entered into force on May 7_, 2019, however the most important amendments will be applicable as of January 1_, 2020.

Amendments already applicable are with respect to:

·        Broadening the definition of the members of the immediate family that are obtaining a temporary residence permit as a dependent family member;

·        Issuance of a specific ID card for the members of diplomatic or consular mission or other type of mission which has a diplomatic immunity;

·        Deadline for submission of the temporary residence permit request i.e. the 90 day deadline is deleted.

From the beginning of next year, following will be applicable:

·        To apply for the first or for the renewal of their temporary residence permit electronically either from Serbia or abroad;

·        To exercise employment rights based on the long stay visa (visa D) i.e. to apply for the work permit without previously obtaining a temporary residence permit;

·        To submit a unified application form for both work and temporary residence permit to a single administrative body.

More detailed conditions for the electronic submission, the look of the unified application form and list of documentation to be submitted will be prescribed by the Minister of Internal Affairs and Minister of Labour within 6 months from the moment Law entered into force.

Law on Amendments and Changes of the Law on Employment of Foreigners

Law on amendments and changes of the Law on Employment of Foreigners was published in the Official Gazette no. 31/2019, on April 29_, 2019. Law entered into force on May 7_, 2019.

Most of the amendments will be in force as of January 1, 2020, however as of May 7, novelties for assignment and intercompany movement work permits are enforced:

·        Authority competent for the employment will ex officio request consent and opinion of the Ministries for the extension of the said work permits (Ministry in charge of employment and Ministry in charge of employers business activity);

·        Request for the extension of the work permits would need to be submitted 60 days prior to the expiration date, at the latest.

Regarding the changes that will be in force as of January 1, 2020 they are as follows:

·        Foreigners will be able to apply for the work permit based on the long stay visa (visa D);

·        Such work permits will be issued for the period of visa validity.

Rulebook on work permits will be harmonized within 90 days of entering this Law into force.