What do the amendments to the Foreigners Law and Law on Employment of Foreigners adopted by the National Assembly of the Republic of Serbia on 26 July 2023 bring?
The amendments facilitate the refugees’ and asylum seekers’ access to their rights, in particular their right to work, which is governed by the Law on Employment of Foreigners.
Foreigners granted asylum, i.e. refuge or subsidiary protection in Serbia, will no longer need to apply for a work permit as of 1 February 2024 (when the relevant provision on access to work enters into force), which means that they will no longer have to pay the high fees and undergo the complicated administrative procedure. This category of foreigners will have so-called open access to the labour market, like in EU Member States. Furthermore, asylum-seekers will be entitled to access the labour market six (rather than nine) months after they apply for asylum, bringing Serbia closer to the practice of EU Member States. The amendments also at long last provide foreigners granted temporary residence on humanitarian grounds, many of whom are victims of human trafficking or gender-based violence, with the opportunity to access the labour market, which BCHR has been advocating for years.
The amendments to the Law on Foreigners entitle successful asylees to apply for habitual residence in Serbia, which constitutes grounds for the subsequent acquisition of Serbian citizenship if the relevant provisions of the Law on Citizenship are amended. All EU Member State provide refugees with access to their citizenship. Another welcome novelty is the introduction of a joint residence/work permit, which will enable other categories of foreigners to simultaneously realise their right to temporary residence and their right to work, and apply online.
The amendments will also facilitate the integration of refugees in Serbia. Their legal possibility to obtain habitual residence is a major positive step in Serbia’s asylum system, which the Belgrade Centre for Human Rights has been advocating for years.
See also: BCHR Calls for Further Amendment of Foreigners Law – Provisions Violating Fundamental Human Rights
