Serbia is positioning itself as an increasingly attractive destination for foreign IT professionals, thanks to its growing tech sector, relatively low cost of living, and favourable tax treatment. Attracting talented foreign professionals has become a strategic priority, and the legislative framework has been adapted to facilitate more efficient entry into domestic companies and start-ups.
This text is informational in nature and does not substitute individual legal advice.
Legal Framework: Law on Employment of Foreigners
The primary legal basis for the employment of foreigners in Serbia is the Law on Employment of Foreigners (ZZPL — “Official Gazette of the Republic of Serbia,” Nos. 128/2014, 113/2017, 50/2018, 31/2019 and 62/2023). The 2023 amendments, which have been in force since 1 February 2024, replaced the former system of separate permits with the concept of a unified permit — a single instrument by which a foreigner is simultaneously granted temporary residence and work authorisation through one consolidated procedure.
For IT professionals, the most relevant categories are: – Unified temporary residence and work permit — for standard employment with an employer in Serbia – Work without a unified permit — a foreigner who has been granted permanent residence may work without a permit; the law also provides for other categories exempt from the obligation to obtain a permit
The Law on Foreigners (ZPD — “Official Gazette of the Republic of Serbia,” Nos. 24/2018, 31/2019, 62/2023) governs the granting of temporary residence permits, which, in the case of employment, are approved through the same unified procedure.
Who May Apply and What Are the Prerequisites
For a foreign IT professional to work legally in Serbia, certain conditions must be met by both the individual and the employer:
On the part of the foreigner: – Valid travel document (passport) with a validity period exceeding the duration for which the permit is sought – Proof of professional qualification (degree, certificate, or confirmation of work experience) – Proof of accommodation in Serbia (lease agreement or confirmation of accommodation) – Health insurance for the period of stay
On the part of the Serbian employer: – A labour market test (the so-called “labour market test”) is conducted through the National Employment Service (NES) within the unified procedure — exceptions exist for certain categories, including highly qualified professionals – Good standing with the Business Registers Agency (BRA) and fulfilment of all tax obligations
For certain categories of highly qualified workers, including IT specialists, the labour market test may be waived, which significantly expedites the procedure.
Step-by-Step Application Procedure
The procedure for obtaining a unified permit comprises several stages:
1. Preparation of documentation The employer prepares the employment contract or draft employment contract and the required company documentation. The foreigner prepares certified and apostilled (or consularly certified) documents.
2. Submission of the application The application for a unified permit is submitted electronically, through the Portal for Foreigners (welcometoserbia.gov.rs), and the decision is issued by the Ministry of Internal Affairs (MIA) within the unified procedure.
The application may be submitted by: – The foreigner (from within Serbia or from abroad) – The employer, or an authorised representative (attorney) acting on behalf of the foreigner or the employer
3. Processing of the application The statutory deadline for a decision is 15 days from receipt of a complete application, although in practice this may vary. The competent authority may request supplementary documentation.
4. Issuance of the permit Upon approval, the foreigner is issued a unified permit (in the form of a dedicated document) which simultaneously constitutes a residence permit and a work authorisation.
5. Registration and reporting Upon arrival and taking up accommodation, the foreigner is required to register at a permanent or temporary address in accordance with the regulations on residence registration.
Duration, Renewal, and Transition to Permanent Residence
A unified permit may be issued for a period of up to three years and may subsequently be renewed. Renewal requires a new application, which must be submitted before the current permit expires.
After three years of continuous lawful residence in Serbia (subject to fulfilment of other statutory conditions), a foreigner may apply for permanent residence, which entitles them to work without a unified permit and without being tied to a specific employer.
Important: the unified permit is linked to a specific employer and a specific position. A change of employer or working conditions requires an amendment to the unified permit.
Specific Considerations for Freelancers and Remote Workers
Foreign IT professionals who work remotely for foreign employers while residing in Serbia find themselves in a specific legal situation. If they do not enter into an employment relationship with a Serbian legal entity, a work permit is, as a rule, not required for work performed for a foreign employer — however, they must regularise their tax residency and the tax treatment of their income.
One option is to establish their own legal entity (a limited liability company — d.o.o. — or a sole trader/entrepreneur) in Serbia and invoice services to the foreign client. In that case, the establishment and operation of the entity are subject to Serbian law, and the foreigner as founder must regularise their residence on another legal basis.
Frequently Asked Questions (Q&A)
Is a visa required before applying for a work permit? This depends on the individual’s nationality. Nationals of certain countries may stay in Serbia without a visa for a specified number of days. For a longer stay combined with employment, the options are either to be present in Serbia within the lawfully permitted period and submit the application from within the country, or to enter with the appropriate visa. The precise sequence of steps depends on the specific case.
What is the total cost of the procedure? In addition to administrative fees (which change periodically), costs include translation and certification of documents, apostille fees, and any legal fees. Total costs vary depending on the foreigner’s country of origin and the complexity of the case.
May a company employ a foreigner before the permit is issued? No — a foreigner may not commence work before the permit has been formally approved and the employment relationship established. Any engagement without a valid permit carries administrative and misdemeanour sanctions for both the employer and the foreigner.
What if the application is refused? The decision refusing the application must contain a statement of reasons. The applicant has the right to appeal in accordance with the general rules of administrative procedure, as well as the right to bring an action in administrative court proceedings.
Conclusion
Serbia is actively working to attract IT talent from abroad, and the legislative framework facilitates this through clearly defined procedures. Nevertheless, each case carries its own specificities — from the foreigner’s nationality and the type of engagement to the nature of the work to be performed.
Schedule a consultation with a VertexLaw attorney specialising in immigration and labour law — we will help you engage foreign IT professionals efficiently and lawfully, or regularise your own status in Serbia.
Sources: – https://www.minrzs.gov.rs/ – https://www.nsz.gov.rs/ – https://www.paragraf.rs/propisi/zakon_o_zaposljavanju_stranaca.html – https://welcometoserbia.gov.rs/
