How to Obtain Permanent Residency in BiH?

Obtaining permanent residency in Bosnia and Herzegovina (BiH) is an important step for those who wish to live and work permanently in this country. Permanent residency provides numerous benefits and rights, including the right to employment, health insurance, education, and social benefits. In this article, we will explain in detail the legal conditions and procedure for obtaining permanent residency in BiH.

Conditions for Permanent Residency

According to Article 79 of the Law on Foreigners, a foreigner can obtain permanent residency if they meet the following conditions:

• Continuous stay in BiH for at least five years based on approved temporary residency: Temporary residency in BiH is usually granted for a period of one year, with the possibility of extension. Continuous stay means that the foreigner has not been absent from BiH for more than 10 months in total (multiple times) or more than 6 months at once.
• Sufficient means of support and accommodation: The foreigner must have regular and sufficient means of support and accommodation, and provide appropriate proof.
• Health insurance: The foreigner must have a valid health insurance policy that covers medical treatment costs in BiH.
• Knowledge of one of the official languages and scripts of BiH: The foreigner must pass an exam demonstrating knowledge of one of the languages and scripts in official use in BiH. This can be done at one of the institutions authorized by the ministry responsible for education to organize language learning and examination programs.
• Absence of obstacles to the approval of permanent residency: The foreigner must not have a final conviction for a criminal offense or be subject to criminal proceedings, either in their country of origin or in BiH. There must also be no suspicion that they will endanger public order, national security, or the international relations of BiH.

In addition to the above, the foreigner must possess a valid passport.

It is important to note that certain types of stays do not qualify as a basis for permanent residency approval. Specifically, permanent residency will not be granted if the foreigner has resided in BiH for 5 years based on:

• Temporary or international protection
• Legal status provided by various conventions (see Article 80, Section (1), paragraph c) of the Law on Foreigners)
• Primary, secondary, and higher education
• Seasonal work, volunteering, work without a work permit
• Humanitarian reasons
• Transfer within a legal entity
• Stay as a daily migrant
• Family reunification if the foreigner is not the guardian of the minor child
• Family reunification with a foreigner who does not have permanent residency, whose application for permanent residency in BiH has been rejected, or whose temporary residency does not qualify as a basis for permanent residency in BiH
• A stay permit allowing a foreigner whose asylum application or refugee status has been rejected to remain in BiH until conditions for return are secured.

Procedure for Requesting Permanent Residency

The application for permanent residency is submitted to the Service for Foreigners’ Affairs. Outside of BiH, the application is submitted to the Service through a BiH DKP (Diplomatic and Consular Representation) (Article 86 of the Law on Foreigners). The application is submitted in written form, accompanied by the following documents:

• Completed application form
• Valid travel document
• Proof of continuous stay based on approved temporary residency for at least five years (certificates of temporary residency extensions)
• Proof of sufficient means of support (employment certificate, pension statement, employment contract, etc.)
• Proof of health insurance (insurance policy, copy of health booklet, proof of registration with the Health Insurance Fund, etc.)
• Proof of knowledge of one of the official languages of BiH
• Certificates confirming that no criminal proceedings have been initiated against the applicant and that there is no final conviction
• Proof of payment of the administrative fee (200 KM)
• Proof of accommodation

More details are available here: Required documentation for applying for permanent residency.

If all conditions are met, the foreigner will receive a decision approving permanent residency. This decision is issued for an indefinite period, meaning the foreigner acquires the right to unlimited stay in BiH.

After permanent residency is approved, the foreigner must, within 8 days of receiving the decision on the assigned JMBG (Unique Master Citizen Number), submit an application for a foreigner’s identity card to the competent authority at their place of residence.

Reasons for Rejecting an Application

An application for permanent residency will be rejected in the following cases:

• Failure to meet the conditions from Articles 79 and 80 of the Law on Foreigners
• Final conviction for a criminal offense
• It is determined that the documents submitted by the foreigner with the application were “obtained by fraud, counterfeit or illegal modification” (Article 88, Section (1), paragraph b))
• It is determined that incorrect information was provided or circumstances important for permanent residency approval were concealed
• The foreigner poses a threat to public order or security of BiH
• The foreigner is involved in criminal activity
• The foreigner is “registered in the criminal or misdemeanour records of law enforcement
• agencies as a multiple recidivist” (Article 88, Section (1), paragraph f))
• The application was not submitted personally by the foreigner/legal representative of a legally incapacitated foreigner
• Withdrawal of the application
• The foreigner does not provide biometric data when submitting the application.

Tips for a Successful Application

To successfully submit an application for permanent residency in BiH, we recommend the following:

• Prepare all necessary documentation in a timely manner. Check that you have all the evidence confirming compliance with legal requirements.
• Be ready to obtain an official certificate proving knowledge of one of the official languages and scripts of BiH.
• Regularly extend your temporary residency to meet the condition of a continuous 5-year stay. Maintaining accurate records of extensions will facilitate the application process.
• Be patient and persistent in resolving all formalities. The process of approving permanent residency can take time, but persistent and timely preparation of documentation will ease the procedures.
• Engage an expert legal advisor who will assist you in gathering documentation and fulfilling the conditions. If you decide to take this step, feel free to contact us. Law Office Hašarić has extensive experience with issues of rights of foreigners in BiH, and we are here to do everything we can to give you a better chance for permanent residency approval.

Conclusion

Obtaining permanent residency in Bosnia and Herzegovina is a demanding process during which you will encounter various challenges. However, with effort, patience, organization, adherence to regulations and steps, and the help of a legal expert, you will have an excellent chance of success.