National protection statuses and return procedure

Author

Nikola Kovačević

National forms of protection

The Foreigners Act envisages different types of temporary residency which asylum seekers who were rejected with the final decision are eligible to apply for in most of the cases. Firs of all, it is important to highlight that temporary residence is a permit granted to a foreign national who intends to stay in Serbia for over 90 days.[1]

The grounds for temporary residency in Serbia are the following:

• Employment;
• Education or learning of the Serbian language;
• Studies;
• Participation in international exchange programmes for pupils or students;
• Specialist, professional training and practice;
• Scientific research or other scientific or educational activity;
• Family reunification;
• Performing religious service;
• Treatment or care;
• Ownership of immovable property;
• Humanitarian grounds;
• Status of presumed victim of trafficking in human beings;
• Status of victim of trafficking in human beings;
• Other legitimate reasons in accordance with the law or an international treaty.[2]

The general requirements for almost any type of temporary residency is that the foreign national has entered into Serbia regularly and does not require a visa for entry or has entered into Serbia with a Long-Term Visa. [3] Alongside the application for approval or extension of a temporary residence permit, the foreigner should also provide evidence of meeting the additional general requirements:

• Valid personal or service passport;
• Evidence of means of subsistence during the planned stay;
• Registered address of residence in the Republic of Serbia;
• Evidence of health insurance during the planned stay;
• Evidence that the application for temporary residence permit is justified;
• Proof of payment of the prescribed administrative fee.[4]

From the above outlined criteria, it can be safely assumed that asylum seekers who arrived regularly to Serbia and applied for asylum before applying for temporary residency can apply for most of the types of temporary residency. Those asylum seekers who arrived irregularly but possess a valid travel document can also apply for different types of temporary residency but, in practice, the issue of their irregular entry can be raised by an acting immigration officer.

However, temporary residency on humanitarian grounds (TRHG) is one of the rare types of residencies in Serbia which does not require for the applicant to meet the general requirements. One of the common issues shared by most asylum seekers in Serbia is that they do not possess a valid passport or their passport has expired and they cannot renew it.[5]

Since the introduction of the TRGH into the Serbian legal framework, this type of residency has been granted to 366 persons. Most people who might be in need of international protection and who were granted TRHG in the period from 2019 – 2024 were from Afghanistan (33), Palestine (27), Ukraine (26), Libya (19), Iraq (10) and Iran (8).

After the decisions on rejecting or dismissing an asylum request becomes final, the foreign national has a voluntary return period to leave Serbia (up to 30 days). In case that they fail to leave, their stay in Serbia will be considered unlawful in terms of the Article 74, paragraph 1, point 8 of the Foreigners Act and they will be served with the expulsion order in line with the Article 74, paragraph 2.

Source: Ministry of Interior – Border Police Department’s Response to the request for the information of public importance no. 26-311/25, 5 June 2025 (received on 16 June 2025).

Return procedure

In case of a negative decision (in-merits or inadmissible) to an asylum application, the asylum seeker has 15 days to lodge an appeal to the Asylum Commission. This appeal has an automatic suspensive effect, as also a complaint to the Administrative Court. A negative decision also contains an order to leave the country and a deadline to do so, which can be up to 30 days. However, when the rejection decision becomes final (i.e., it is confirmed by the Administrative Court), the relevant MoI unit for foreigners renders an additional expulsion decision in cases where the applicant has failed to voluntarily leave the territory of Serbia within the given deadline.[6] Only the expulsion decision creates grounds for forcible removal and potential immigration detention imposed for the purpose of forced removal, in line with the Foreigners Act. An expulsion decision can be challenged, but this appeal does not have an automatic suspensive effect.[7]

In 2024, a total of 13 asylum seekers were rejected with a final decision of the Administrative Court,[8] but the author of this Report is familiar with only one case in which the applicant was served with an expulsion order but was not removed to Türkiye due to risks of ill-treatment.[9] As for the other persons, it remains unclear if they were served with and expulsion order or they regulated their stay in line with Foreigners Act.

[1] Article 40 (1) Foreigners Act.

[2] Article 40 (1) Foreigners Act.

[3] Article 41 (2) Foreigners Act.

[4] Article 43 Foreigners Act.

[5] Article 61 Foreigners Act.

[6] Article 74 (1-8) Foreigners Act.

[7] Article 80 Foreigners Act.

[8] See above the Table of the practice of the Administrative Court in 2024.

[9] Administrative Court, Judgment No. U 80/23, 12 January 2024