The issue that has become very current lately is what are the consequences if a citizen of the Republic of Serbia deregisters his/her residence in the Republic of Serbia due to moving abroad? Does a citizen of the Republic of Serbia who deregisters his/her residence lose the right to posses documents issued by the authorities of the Republic of Serbia?

According to Article 14 of the Law on Residence and Stay, a citizen must deregister their residence if they emigrate. Additionally, Article 19 requires citizens intending to stay abroad for more than 90 days to report their temporary stay to the competent authorities. Failing to deregister or report such stays may result in a fine of 10,000 to 50,000 dinars (Article 27 of the Law on Residence and Stay).

The consequences differ depending on whether a citizen deregisters their residence or simply registers a temporary stay abroad. If a citizen deregisters, they lose the right to most Serbian-issued documents. However, if they only register a temporary stay, they retain all documents, with the authorities merely noting their temporary residence abroad.

Deregistration can impact the ability to obtain key documents such as an identity card. Article 2 of the Law on Identity Cards states that every Serbian citizen over 16 is entitled to an ID card, regardless of their residence status. However, Article 3 stipulates that citizens with permanent residence must have an ID card. Although it’s legally possible to issue an ID card based on established residence, this may not be routinely applied, especially for those who deregister.

Practically, citizens who deregister face difficulties in obtaining an ID card, and consequently, other documents like health cards. The Health Insurance Fund requires a valid ID card to issue a health card, and without it, a citizen cannot access health insurance benefits.

Deregistration also creates legal obligations, such as appointing a tax attorney if the citizen becomes a non-resident taxpayer. Additionally, in civil proceedings, if the citizen has no attorney, they must appoint a proxy to receive legal documents in Serbia. Otherwise, the court will appoint a representative to handle such matters, which may cause delays.

Despite these challenges, Serbian citizens retain the right to a passport as a travel document, which is tied to citizenship, not residence. A passport can be obtained through a Serbian consular mission abroad, provided the person has a regulated stay.

In conclusion, deregistering residence in Serbia can severely limit a citizen’s ability to exercise certain rights, particularly those requiring Serbian-issued documents. The only exception is the right to a passport, which remains available regardless of residence status.

If you have any questions regarding this topic, feel free to contact attorney Marko Leković: marko.lekovic@zslaw.rs or your regular contact person in Živković Samardžić Law Office.