Bosnia and Herzegovina has been an increasingly popular destination for foreigners who appreciate not only its natural beauty and cultural heritage but also the numerous business, investment, and educational opportunities it offers.
Staying and operating in this country do not require overly complex procedures like in some other countries. However, there still are certain legal frameworks and regulations that define the rights and obligations of foreigners in Bosnia and Herzegovina.
In this article, we will provide an overview of the basic information regarding foreigners’ residence in BiH. Future articles will offer more detailed insights into rights, obligations, processes related to various types of residence, work permits, investments, and other topics of interest to foreigners.
Legal Framework
The entry and stay of foreigners (in legal terms usually referred to as “aliens”) in Bosnia and Herzegovina are primarily regulated by the Law on Foreigners and the Rulebook on entry and stay of aliens.
Additionally, the legal framework includes other laws and subordinate acts, such as the Law on Border Control, Decision on Visas, Rulebook on the issuance of long stay visas (Visa D) and the procedure of issuing these visas, and Rulebook on issuance of short-term visas (Visa C) and airport transit visas (Visa A) in the diplomatic and consular missions
Definition of an Alien
Before delving deeper, it’s important to note that the Law on Foreigners defines an alien as “a person who is not a citizen of BiH” (Article 6 of the Law on Foreigners). If an alien holds multiple citizenships, they must use the travel document with which they entered BiH for their stay and exit as well. Such a person is considered a citizen of the country that issued that travel document.
A person who holds Bosnian and another country’s citizenship is not considered an alien.
Types of Residence
There are different types of stays for aliens: visas, non-visa residence, temporary residence and permanent residence.
Visa Residence
A visa allows an alien to stay in BiH for the period specified in the visa.
Non-Visa Residence
This applies to aliens coming from countries with visa-free agreements. According to Article 21, paragraph 2 of the Law on Foreigners, the total stay permitted is up to 90 days within a six-month period from the first day of entry, unless otherwise stipulated by international agreement or decision of the Council of Ministers.
If an alien is not accommodated at a legal or private lodging provider and intends to stay longer than 3 days, they or their host are obligated to report their stay within 48 hours.
If they are using accommodation services, the provider must report the stay within 12 hours of the start of service.
Temporary Residence
According to Article 48 of the Law on Foreigners, a temporary residence permit is granted for a limited period, usually up to one year. In cases of stays for humanitarian reasons, the maximum duration is six months.
Besides humanitarian grounds, valid reasons for temporary residence include family reunification, education, employment with a work permit, employment without a permit for certain categories (as authorized by law), and, in exceptional cases, ownership of real estate if there is an “effective connection” to Bosnia and Herzegovina.
It is also possible to request an extension of residence, but usually exclusively on the same grounds for which the initial permit was granted.
Permanent Residence
Permanent residence is a privilege that can be obtained after a certain period of lawful stay in BiH. Specifically, as per Article 79, an alien must have continuously resided in BiH for at least five years based on a temporary residence permit before applying for permanent residence.
If an alien has been outside BiH multiple times within these five years for a total of up to 10 months (up to 18 months for holders of a blue card), or they’ve had a single absence of up to 6 months (12 months for blue card holders), their stay is still considered continuous.
Naturally, other conditions must also be met. To get permanent residence, an alien must have a valid passport, suitable accommodation, health insurance, knowledge of at least one of the official languages and scripts of BiH, and no criminal record or ongoing criminal proceedings either in their country of origin or in BiH.
Rights of Aliens Residing in BiH
Unless specifically stated otherwise by relevant laws and regulations, aliens have the right to freedom of movement and choice of residence within Bosnia and Herzegovina. However, these rights can be fully or partially restricted for “the benefit of state or public security, preservation of legal order, prevention of crime, protection of health or morality, or for the protection of the rights and freedoms of others” (Article 8, Paragraph 3 of the Law on Foreigners).
Additionally, foreigners have the right to fair treatment, meaning protection against discrimination of any kind (Article 9 of the Law on Foreigners). They also have the right to work without a work permit if they have permanent residence, refugee status, subsidiary protection, or temporary protection, or of they have a temporary residence permit on the grounds of:
- Family reunification (if married or in a common law marriage with a BiH citizen, or caring for a minor child with Bosnian citizenship, or holding an extended residence permit due to ongoing divorce proceedings)
- Education as a higher education student (if engaged in temporary work through authorized intermediaries)
- Humanitarian reasons (if the alien has no citizenship)
If you have further questions or need assistance regarding foreigners’ rights in BiH, our law office is here to provide explanations, legal support, and expert guidance.
Obligations of Aliens During Their Stay
During their stay, aliens must always carry with them the travel document used for entry or another valid identification document or appropriate certificate issued in Bosnia and Herzegovina. They are obligated to present these documents, as well as their residence permit, upon request by authorized authorities. In case of theft, destruction, or loss of the travel document, they must promptly report it to the police.
If an alien’s residence permit is canceled or they acquire Bosnian citizenship, they must return their travel document to the issuing authority within a maximum of three days (Paragraph 2, Article 45 of the Law on Foreigners).
If granted temporary residence, they must register and deregister their place of residence and change of address accordingly. If granted a permanent residence permit, they’re obligated to register their permanent residence.
In addition, aliens must have sufficient means of subsistence, as well as funds required for exiting Bosnia and Herzegovina. They must also be able to provide evidence for this (e.g., cash, proof of paid accommodation or organized travel, etc.).
Finally, aliens are required to respect the laws, regulations, and decisions in force in Bosnia and Herzegovina.
Consequences of Non-Compliance
Violating regulations can result in penalties for an alien, such as a fine between 100 and 500 KM for failing to: report residence; present identification, travel documents, or permit upon request; notify authorities of a lost, stolen or damaged travel document.
If an alien stays longer than the permitted visa-free period, or beyond the time granted by their visa, international agreement, or residence permit, they will be fined between 500 and 1500 KM.
Beyond fines, other measures may be enforced, such as detention or even expulsion from Bosnia and Herzegovina.
Moreover, Article 96 of the Law on Foreigners clearly stipulates reasons for which a foreigner’s residence may be cancelled. Some of them result in expulsion with the prohibition of re-entry to BiH. These are:
- Disobeying the legal order
- Threatening security
- Participating in smuggling weapons or military equipment, dangerous materials or narcotic drugs
- Participating in unauthorized trade or transport of materials for the production of weapons or other means of mass destruction
- Engaging in possession or production of narcotic drugs for the purpose of selling
- Organizing unlawful entry, stay, or exit of individuals or groups in BiH
- Engaging in human trafficking
- Marriage, common law marriage or adoption concluded for convenience, i.e. for the sole purpose of entry or stay
- Providing false or misleading information or concealing circumstances relevant for the issuance of a residence permit
Conclusion
Bosnia and Herzegovina offers various opportunities for foreigners, including tourism, education, work, and investment, all within a clear regulatory framework that ensures legal and safe residence. The process of staying in BiH is generally less complex compared to some other countries, thanks to straightforward procedures and legal clarity. Still, it is important that aliens respect the laws and obligations to avoid possible penalties.
If you are a foreign citizen wishing to stay in Bosnia and Herzegovina for any legitimate reason, do not hesitate to contact us. We are here to help you achieve your goals through legal advice, support and assistance.
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