A decision cancelling or refusing to extend residence, imposing an entry ban or ordering the return of a foreigner is made in administrative proceedings and can be challenged. The deadlines are short, so it is important to act as soon as the decision is received.
When residence can be cancelled or not extended
- when the ground on which residence was granted ceases, for example work, marriage or ownership
- when the foreigner no longer meets the general conditions, such as means of subsistence, insurance or address registration
- for reasons of security and public order
- for permanent residence, also because of a real and serious threat to public order or security, indicated for example by a prison sentence longer than one year, and when the foreigner continuously stays abroad for more than one year
Appeal
A decision terminating the right of residence may set a deadline for leaving Serbia of up to 30 days and impose an entry ban. An appeal is filed within 15 days of receipt of the decision, through the authority that issued it. For temporary residence, the appeal is decided by the Ministry of Interior, and the appeal suspends enforcement, except where the decision sets a deadline for leaving Serbia or imposes an entry ban. For permanent residence, the appeal is decided by the Government, and the appeal suspends enforcement. The decision takes into account the length of stay and the foreigner's personal, family, economic and other ties with Serbia.
Administrative dispute and constitutional complaint
A final decision can be challenged in an administrative dispute before the Administrative Court within 30 days of service. As a rule, the lawsuit does not suspend enforcement, but the court can be asked to suspend enforcement until it decides, if enforcement would cause damage that would be difficult to repair and suspension is not contrary to the public interest. Where the appeal has no suspensive effect, suspension of enforcement can be requested from the court even before the lawsuit is filed, and the court decides within five days. Once legal remedies are exhausted, a constitutional complaint can be filed within 30 days.
When the reason is security
When a decision is based on a security assessment, the reasoning may be brief, because data from the security services is not disclosed in full. Even then, the appeal and the lawsuit can point to flaws in the procedure and the reasoning, to the length of stay in Serbia, work, family ties and other circumstances, and to the right to respect for family life.
Return, entry ban and expulsion
A foreigner staying unlawfully receives a return decision with a deadline for voluntary departure of seven to 30 days, and if they do not leave, they are forcibly removed. At the foreigner's request, the operative part of the decision and the instruction on legal remedies are translated into a language they understand. An entry ban is imposed for up to five years, unless the foreigner poses a serious threat to security. In criminal proceedings, together with a sentence or a suspended sentence, the court may impose on a foreigner the security measure of expulsion from Serbia for one to ten years.
What to do straight away
- Note the date on which the decision was received.
- Read the instruction on legal remedies and calculate the deadline.
- Gather evidence of the length of stay, work, family and property in Serbia.
- File the appeal in time, and against a final decision file a lawsuit with a request to suspend enforcement.
Common questions
Note: This text is general information and is not legal advice for a specific case. It reflects the regulations at the time of the page's last update (October 2026). Assessing a particular situation requires reviewing the documents and circumstances of the case.
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Contact
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