As we highlighted in our previous article regarding the basics of a foreigner’s stay and residence in Bosnia and Herzegovina, our country is becoming an increasingly attractive destination for life, work, and investment.
Obtaining a temporary residence permit is often considered the end of the administrative battle. However, it is actually just the beginning of the legal relationship between the alien and the state. This status carries specific rights that make your life easier, but also strict obligations. Non-compliance with these obligations can lead to consequences such as high fines or expulsion.
Below, we provide an overview of the main rights and duties of an alien residing in BiH, whether on a temporary or permanent basis.
Rights of Aliens Residing in BiH
Approved stay allows you to live in Bosnia and Herzegovina almost exactly like domestic citizens, with certain limitations. Your specific rights depend on the basis upon which your residence was approved (work, family reunification, education, real estate ownership, etc.), but there are certain rights held by every alien in BiH.
Right to Work
Besides persons whose residence is approved based on work (with or without a work permit), other foreigners also have the right to work. Specifically, according to Article 78 of the Law on Foreigners, work (without the obligation to obtain a work permit) can also be performed by foreigners who have:
- Approved permanent residence;
- Refugee status, temporary protection, or subsidiary protection;
- Approved temporary residence based on family reunification in the case of marriage or common-law partnership with a BiH citizen, or guardianship over a minor child who is a BiH citizen;
- Extended temporary residence due to ongoing divorce proceedings deciding on the custody of a minor child who is a BiH citizen.
Persons granted temporary residence based on education who hold student status have the right to temporary work through authorized intermediaries. In this case, an employment relationship is not established.
Persons who do not meet the general conditions for temporary residence approval but are stateless and have been granted residence for humanitarian reasons (Article 58, Section (2), paragraph c)) have the right to work as well. These persons also have the right to education in BiH.
Right to Freedom of Movement and Protection from Discrimination
Unless otherwise prescribed by the Law on Foreigners, all aliens with legal residence have the right to freedom of movement within BiH and the choice of their place of residence. Furthermore, the Law clearly states that discrimination against aliens is not allowed “on any grounds whatsoever, including gender or sex, race, color of skin, language, religion, political and other opinion, ethnic and social origin, affiliation with a national minority, property status, status acquired by birth, or other status” (Article 9).
Right to Health and Social Protection
Employed foreigners enter the mandatory health insurance system through their employer, just like domestic workers. Other residents (e.g., students or those residing based on real estate) must have contracted health insurance (international travel or domestic voluntary insurance) for their residence to be approved at all, thereby acquiring the right to treatment in BiH.
Key Obligations: Most Common Mistakes Aliens Make
Regulations regarding the stay of foreigners are very precise when it comes to obligations.
Timely Extension of Residence
According to the Law on Foreigners, an application for the extension of temporary residence may be submitted 60 days at the earliest and 15 days at the latest before the expiration of the valid residence permit.
Our recommendation is to submit the extension request as soon as the 60-day “window”opens. If submitted within the last 15 days or after the permit expires, the request will likely be rejected as untimely. In practice, this means a loss of continuity of residence, the obligation to leave BiH, and starting the entire process from scratch, without any guarantee that residence will be approved this time.
Persons granted permanent residence are obliged to submit a request for the issuance of an ID card for aliens within 8 days of receiving the decision on their assigned JMBG (Unique Master Citizen Number).
Registration of Residential Address
Many aliens forget that they must register (and deregister) their temporary and/or permanent place of residence, as well as any change of residential address, with the competent organizational unit of the Service for Foreigners’ Affairs or the police.
For persons with temporary residence, the deadline for registering residence and any change of residential address is 48 hours from the receipt of the residence permit, i.e., the day of arrival at the place of residence or the day of the change of address.
Aliens granted permanent residence must register their place of domicile and change of address within 8 days from the day of receipt of the decision on approval of permanent residence, i.e., the day of arrival at the place of domicile or the day of the change of address.
Carrying Documents
According to Article 95 of the Law on Foreigners, an alien has the obligation to carry the ID card for aliens or the residence permit. At the request of an authorized official of the Ministry, the Service, the Border Police, the police, or another competent authority (when authorized), the alien must present this documentation for inspection.
Aliens are obliged to report the loss or theft of documents immediately upon discovery.
Respecting the Purpose of Stay
The residence permit must be used exclusively for the purpose for which it was issued, and obligations relevant to the basis of residence must be respected. For example:
- If an alien is residing in BiH on the basis of education, they must regularly attend classes and pass exams.
- If residing based on real estate ownership, the alien must prove an effective connection with BiH (that they actually reside in that property).
- If residing based on a work permit, they must work at the workplace/perform activities for which the permit was issued.
Changing the basis of residence (e.g., switching from a student visa to a work visa) requires a special procedure and approval from the competent authorities.
Other Obligations
Article 96 of the Law on Foreigners lists reasons for which an alien’s stay in BiH may be cancelled. In this regard, an alien granted residence:
- Must respect the public order of BiH;
- Must not endanger the interests of BiH by participating in the production, sale, or smuggling of weapons, narcotic drugs, etc.;
- Must not participate in organizing the illegal entry, stay, and exit of individuals or groups into/from BiH;
- Must not be a threat to the public order or security of BiH;
- Must always have sufficient means of subsistence;
- Must not stay in BiH after the expiration of the validity of their travel document;
- Must not violate regulations governing the crossing of the BiH state border;
- Must not be convicted of a criminal offense punishable by imprisonment of one year or a more severe penalty, etc.
Legal Certainty Above All
Bureaucracy in Bosnia and Herzegovina is often very complex, and regulations are strictly applied. Permitted residence is not just a “piece of paper,” but a great responsibility. Violating regulations, even unintentionally (such as being a few days late with an extension), can lead to various consequences. Therefore, it is crucial to stay informed and react strictly on time regarding all administrative requirements.
If you have doubts about rights, obligations, and procedures regarding residence in BiH, do not take risks and go through the processes alone. Although it may seem like a more financially affordable route, you may encounter various ambiguities, obstacles, and frustrations, which may ultimately end up costing you more.
Attorney Jasmin Hašarić has extensive experience with the rights of foreigners in BiH and is at your disposal to guide the complete process. Let your focus remain on life and business, not on administrative offices and forms. Contact us.
Leave a Reply