Visa Overstay Fines - Updates?

[shuti]

Zdravo!

I'm in Serbia with a student visa, and my gf (Japanese) came to stay with me.

She entered in Serbia for the first time in late July, and immediately went out for a couple of weeks.

When back we rented an apartment and registered at the police, in late August.

After that we went out again, in early November, and we could re-enter a few days later without apparent probems.

So.... if we go out of Serbia so that she does not spend more than 90 days consecutively in the country, is she breaking the Immigration Law? If yes, what is the sanction she might be faced with?

Thank you for the reply! 

[Dragance]

Zdravo 

Well, I'm not quite sure about allowed stay for Japanese, but, if the situation is similar like for us if we want to go to Europe, I think that she can stay maximally 90 days in any period of 180 days. That means that you should calculate all the days she stayed here in last 6 months. 

If she breaks the law, I think she will be deported from the country, but I'm not sure if she will be prohibited to enter Serbia again for some period. The best thing you can do, guys, is to go to the embassy of Japan and discuss about everything.

Wish you a luck!

[chaba]

I'm guessing that you have a temporary residence permit because you study in Serbia? If so, your girlfriend can also get a temporary residence permit if you find 2 witnesses that can testify that you are living in de-facto marriage. Then she can come and go whenever she likes, as long as your visa is valid.

Just a thought... 

[slobo665]

In our Law on Foreigners is written next:

"Entry into and stay in the Republic of Serbia without a visa

Article 12

An international treaty or a Government decision may establish that citizens of particular countries may enter the Republic of Serbia without a visa, provided that obstacles referred to in Article 11 hereof do not exist.

The Government shall be competent to decide that citizens of particular countries may also enter the Republic of Serbia using a valid personal identity card, and/or other document which can confirm their identity and citizenship, on condition that obstacles referred to in Article 11, paragraph 1, Items 2) to of the Law do not exist.

A foreigner who does not need a visa or a travel document to enter the Republic of Serbia may stay in the country for a maximum period of 90 days, within a timeframe of six months starting from the day of the first entry.

"

Entire law you can find on next link: http://www.mup.gov.rs/cms_eng/home.nsf/inf-for-foreigners.h

But in fact I still didn't hear any story that someone had any problem, mostly people just exit once in 3 months and enter again in our country or even stay as much as they want.

Fine for violation of Law (article 83-86 in Law) is between 30eur and 500eur, in your case probably it will be around 50eur, but I still don't know anybody who had that problem.

My advice will be to visit police office (I hope that you are in some big city Belgrade, Novi Sad or Nis because in smaller cities you can have problem in communication with administration in police) and get all information that you need for temporary residence. (our Law on Foreigners article 24 - 33 are allowing that you need just two witness for non marriage society). I already have experience with this procedure and if you want I can help you.

[loudmavlon]

But in fact I still didn't hear any story that someone had any problem, mostly people just exit once in 3 months and enter again in our country or even stay as much as they want.

Fine for violation of Law (article 83-86 in Law) is between 30eur and 500eur, in your case probably it will be around 50eur, but I still don't know anybody who had that problem.

How do they work your stay out? Is it done at registration at the Police station or when they scan you at passport control? Certainly not done by exit and entry stamps as they don't always stamp your passport (or they haven't with mine which makes it a sod to calculate )

[Lazar]

  That's a very good question. Registration at the police station is obligatory on paper, but in reality most foreigners never do it. If there's no stamp in the passport, I can't think of a way for them to keep track of your days in Serbia. Unless they use some kind of a database? I'm also curious to hear the answer.

[slobo665]

But in fact I still didn't hear any story that someone had any problem, mostly people just exit once in 3 months and enter again in our country or even stay as much as they want.

Fine for violation of Law (article 83-86 in Law) is between 30eur and 500eur, in your case probably it will be around 50eur, but I still don't know anybody who had that problem.

How do they work your stay out? Is it done at registration at the Police station or when they scan you at passport control? Certainly not done by exit and entry stamps as they don't always stamp your passport (or they haven't with mine which makes it a sod to calculate )

They can determinate your length of stay by looking in computer scan of passport on enter point in Serbia, but I think that can't be determinate by police officer who works on border for that is incharge some department of immigration police in Belgrade. I know this information just from talking with one guy who apply to work in this department, this is not official information.

Anyway I still don't know anybody who had this problem but I know many people who braking this rules.

[Billy Idol]

afaik, there shouldn't be any database of entry and exit, even schengen zone shouldn't use such a thing, because i suppose it could be a big privacy issue...

but i'm also curious about the precise answer.

[chaba]

They have some weird rules that are changing all the time. For example, if you go from Serbia to Croatia with a bus, they scan your passport. If you go with a train, they never scan it, and sometimes don't even give you a stamp. So what is the point of scanning the passports then?

When I came to Serbia this December (I'm a Serbian citizen), the Serbian border guy asked me where is my exit stamp. When he couldn't find it he "checked me" through his voki-toki. What does he care about my exit stamp when according to law he can't prevent me from entering my own country even if I don't have a passport with me?

But in 80% of cases they never ask me anything, they sometimes don't even stamp my passport. So I don't see much logic in how they work...

[Mira1990]

Someone maybe can help me i have my flight in 4 days and im worried 

I am an eu citizen and i came in serbia with my serbian boyfriend on my 86th day i got married while here,  and now im leaving in 4days and i will be overstayed for 12 days total  i didnt know there is the 90days law especially if we marry what can be my penalty and what to expect im leaving from belgrade Many thanks  

[chivitli]

Did you enter using your ID or your passport? In any case, I'd try showing just the ID at the border, I guess they'll just have a glance on it and there won't be a problem. But again, this is just a guess.

[Laza GNR]

Or try with that story you just told,if they ask you something - you came here,you got married...you didn't know...

Try with presenting them papers (of a marriage or whatever).

Just...don't present them fake papers (like fake marriage) or you will get fucked up

 

[Mira1990]

I entered by passport trough out macedonia and i have a stamp on the entry of R.S , i really appreciate that both have replayed as i made all night searching 😂 

I didnt know i could show i.d as non e.u i will try the idea by showing i.d but then i have another problem as i have my son with me aa for now he only have passport with stamp he's just 1 year and half. I will be trying to explain my story and show my marraige papers along with my translated ones with appostile 😏 wish me luck i need it lol 

[chivitli]

Wait, are you EU or non-EU citizen? Because in the first post you said you are an EU citizen (in which case you can show just the ID). However, having your son with you complicates things, since I guess he has just the passport. In that case, no idea.

[Mira1990]

Im eu (maltese) but had to travel trough italy and macedonia as we has some complications bcz of my husband, i be showing passport as of my son they will still notice and marriage papers im hoping i just dont get some harsh ban 😥 thanks for your time 

[Daipayan.]

Hello

I need some advice regarding I came to Serbia from France I am holding French Resident Permit on the other hand I am holding Indian passport where I can stay in Serbia for 30 days but as I checked as French long stay visa holder can stay for 90 days. I want if i need to extend my visa where i can extend it or any way to get this information

[chivitli]

Hi Daipayan,

If you want to stay up to 90 days, and you have a French residence permit, you do not need to do anything special, you are automatically allowed to stay up to 90 days within six months. More info at https://www.mfa.gov.rs/en/citizens/travel-serbia/visa-requirements. So simply show your French residence permit when exiting the country if they ask.