In June last year, amendments to the Law on foreigners. Changes made it possible after many years to refugees who reside continuously in Serbia for more than three years, access to permanent residence.
This category of foreigners was granted lighter conditions for granting permanent residence in Serbia compared to other foreigners, which, taking into account their specific circumstances, is a significant benefit. The new provisions of the Law began to be applied on February 1 of this year.
On the same day, the implementation of the Rulebook on travel documents for refugees began. The rulebook prescribes in detail the size, design, material and other characteristics of documents, filling the gap that previously prevented their issuance.
This finally enabled the refugees to obtain travel documents, a right that was guaranteed to them since the establishment of the asylum system in Serbia on paper, but was not applicable in practice.
The newspaper represents a step forward in the treatment of refugees. While permanent settlement is a step towards the naturalization of refugees and provides them with long-term security, a travel document for refugees is inextricably linked to the exercise of freedom of movement.
At first glance, it could be concluded that the newspaper complements itself, encouraging the integration of these persons. However, taking into account the legal framework, it remains unclear how these novelties will be applied in practice.
Given that permanent residence and the right to a travel document are regulated by different laws, the question arises: does obtaining the status of "foreigner with permanent residence" imply the loss of the refugees' right to a travel document?
Legal framework and challenges in practice
Access to permanent residence for persons forced to seek refuge far from their homelands brings with it various benefits. One of the main ones is the possibility of naturalization, i.e. acquiring the citizenship of the Republic of Serbia.
Thus, permanent settlement not only provides refugees with legal stability, but also provides them with the opportunity to become full members of society, with all the rights and obligations that entails. Acquiring citizenship can mean more favorable access to the labor market, education, health and social protection.
On the other hand, the transition to permanent settlement for refugees can also create certain obstacles. Naturalization, although the right is provided for refugees, is not guaranteed only by obtaining permanent residence.
The procedure for acquiring citizenship is complex and subject to the fulfillment of a number of additional conditions. This process can thus be lengthy, leaving refugees in uncertainty about their future.
Apart from not necessarily leading to the acquisition of citizenship, the transition to permanent residence can potentially reduce access to the rights and freedoms guaranteed to refugees, including the right to travel documents, precisely because of the law regulating the stay of foreigners and stay based on asylum.
The rights of asylum seekers and recognized refugees are not the same as those of other foreigners in Serbia and are regulated by a separate law. The conditions under which foreigners can enter Serbia, move within it, stay and be returned to their countries are regulated by the Law on Foreigners.
However, it does not apply to foreigners who have applied for asylum or who have acquired refugee status in Serbia, and it does not recognize residence granted on the basis of asylum as a legal form of temporary residence.
Instead, the status, rights and obligations of asylum seekers and refugees are regulated by the Law on Asylum and Temporary Protection. This law also prescribes the right of refugees to travel documents, while the appearance and content of the travel document is determined by the Ministry of Internal Affairs through a bylaw - the recently adopted Rulebook.
With the implementation of the new provisions, it is not explained whether refugees who receive permanent residence will now be formally categorized as foreigners with permanent residence.
The legal gap leads to the risk that, as a result of the Law on Foreigners being applied to them, these persons will lose their rights prescribed by the Law on Asylum and Temporary Protection. It remains unclear whether the change in status entails a change in the rights and obligations available to refugees in Serbia.
Between stability and mobility
The lack of alignment between the Law on Asylum and Temporary Protection with other laws is not new and often leads to problems in practice. Moreover, it was precisely the absence of harmonization of the Asylum Law with other laws that previously prevented refugees from obtaining permanent residence.
This situation leads to a paradox in which refugees, seeking one form of stability, may lose another - their mobility.
The Law on Aliens does not provide for the issuing of a travel document to foreigners, assuming that this is the obligation of the countries they come from or their embassies. However, the position of refugees is specific because they are not able to turn to their countries of origin, given that they left them in fear of persecution.
Because of this, there is a fear that they will remain trapped in Serbia after the change of status, because the only document that can be available to them after the change of status is an identity card for foreigners, which cannot replace a travel document for traveling abroad.
As a result, although the recent legislative changes in Serbia represent a significant step forward in providing support to refugees, it is important to analyze and consider them in detail, to ensure that refugees are not disadvantaged by the changes they opt for.
The possibilities of transition to permanent residence and the right to travel documents should not be seen as mutually exclusive, but as complementary elements that encourage integration and provide refugees with greater legal security and mobility.
Clear guidelines need to be developed to enable refugees with permanent residence to retain their right to travel documents, thereby maintaining their mobility and access to rights that are crucial for their integration and participation in social life.
As the implementation of these changes continues, it is important to monitor how the rights of refugees are protected and promoted in practice, and how these changes are reflected in their daily life and integration into society.
*Author of the text Angela Šemić is a political scientist and senior advisor at the IDEAS Research and Development Center
