Bosnia and Herzegovina, particularly the Federation of Bosnia and Herzegovina (FBiH), is increasingly becoming an attractive destination for foreign nationals seeking business opportunities. Whether it involves highly qualified professionals, seasonal workers, or investors, their arrival and integration into the job market brings mutual benefits.
However, the process of obtaining a work permit and residence permit can be complex and full of challenges. The aim of our article today is to provide an insight into the legal procedure and highlight key obstacles that may arise.
Legal Framework: The Foundations of Employing Foreigners in FBiH
The employment of foreign nationals in the Federation of BiH is primarily regulated by the Law on Foreigners and the Law on Employment of Foreigners, along with accompanying bylaws. These laws clearly define the conditions, procedures, and responsible institutions involved in the process of issuing work permits and residence permits.
It is important to emphasize that the work permit, although crucial, is only one part of a broader process that also includes obtaining a temporary residence permit. Without a valid work permit (for the categories that need it) and residence permit, foreigners are not allowed to establish an employment relationship in FBiH.
Who Needs a Work Permit? Basic Rules and Exceptions
The general rule is that every foreign national intending to work in the territory of the Federation of BiH must obtain a work permit. However, certain exceptions specified by law do exist. For example, foreign nationals employed in diplomatic or consular missions, certain international experts, or those coming to BiH for very short business visits are often exempt from this obligation. The complete list is provided in Article 16 of the Law on Employment of Foreign Nationals in FBiH.
Annual Quota
Work permits may be issued based on an annual quota or independently of it.
Permits within the Annual Quota
This is the most common type, and the number of such permits each year is determined by the Council of Ministers “in accordance with the migration policy and by taking into account the state of affairs at the labour market” (Article 64 of the Law on Foreigners). Quotas are distributed by activities and cantons and are often limited, which can pose a challenge.
Work Permits outside the Annual Quota
These permits are not counted in the annual quota and are issued for specific categories of foreigners, such as:
- Key personnel not exempt from the requirement to obtain a work permit through an international agreement
- Teaching staff that provides or assists in teaching due to specific knowledge
- A foreigner working in BiH based on an international agreement
- A foreigner who has renounced BiH citizenship
- A foreigner with education equivalent to completed higher, postgraduate, or doctoral studies in BiH
- Athletes or sports workers working in BiH based on a valid employment contract
Legal Procedure
The process of obtaining a work permit and residence permit is multifaceted and involves several key stages.
Labor Market Verification (for the employer)
Before hiring a foreign national, the employer must advertise the job position and submit a request to the Federal Employment Institute for an opinion on the justification for employing a foreigner. The goal is to determine that there are no suitable unemployed persons in the domestic labor market. Only if it is found that there are no such persons does the employer receive a positive opinion.
Request for Issuing a Work Permit
With a positive opinion from the Employment Institute, the employer or authorized representative submits a request for issuing a work permit along with the completed application and extensive documentation (employment contract, proof of foreigner’s qualifications, passport copy, proof of accommodation, etc.). Depending on the canton, the request is submitted to the competent cantonal employment service or directly to the Federal Employment Institute.
Request for Temporary Residence Approval (for the foreigner)
After the work permit is issued, the foreign national (or their legal representative) submits a request for temporary residence approval to the BiH Service for Foreigners’ Affairs. This is a crucial step, as the work permit itself does not allow legal residence. We have previously written about acquiring temporary residence, so we recommend reading that article as well.
Visa Issuance (if necessary)
For nationals of countries that require a visa to enter BiH, a long‑stay (D) visa is obtained at a BiH diplomatic‑consular mission abroad, in line with the instructions issued by the competent authorities in the process of approving work and temporary residence.
Residence Registration
Upon entering BiH, the foreign national must register with the competent Service for Foreigners Affairs.
Challenges and Potential Pitfalls
While the procedure is clearly defined, actually starting the process often reveals numerous challenges.
Administrative Complexity and Paperwork
Collecting all necessary documents, translating, and certifying them can be time-consuming and demanding. Additional clarifications or documentation are often requested.
Process Duration
From the submission of the initial request to the final approval of all permits, several weeks, or even months, may pass, requiring patience and careful planning.
Limited Quotas
The availability of work permits within the quota can be unpredictable, especially for certain professions and cantons.
Regulatory Changes
Legal regulations change periodically, necessitating constant monitoring and adaptation.
Language Barrier
For foreign nationals who do not speak Bosnian, communication with institutions can be challenging.
Institutional Discrepancies
Although they cooperate, there may be inconsistencies in the requirements of different institutions (Employment Institute, Service for Foreigners Affairs, Ministry of Internal Affairs).
Advice and Recommendations
Here are some useful tips for successfully overcoming the aforementioned challenges.
Start the Process Early
Detailed planning and early submission of requests are key.
Gather All Documentation
Ensure all documents are complete, translated, and certified before submission.
Seek Professional Assistance
Consulting with a lawyer specialized in labor law and foreign affairs can significantly ease the process, minimize errors, and expedite obtaining permits. Legal experts are familiar with the latest regulations and practices of the competent institutions. The Hašarić law office has many years of experience in these areas and is available for legal assistance and representation.
Be Patient and Persistent
The administration can be slow, but consistency in monitoring the status of requests is important.
Conclusion
The process of obtaining a work permit and residence permit for foreign nationals in FBiH is complex, but with proper approach and adequate legal support, it is entirely feasible. Foreign workers and employers wishing to hire them should not be discouraged.
The key lies in thorough preparation, understanding the legal framework, and anticipating potential challenges. If you have questions or need professional legal assistance in navigating this process, our team is here for you. Contact us to provide support and ensure smooth and successful obtaining of all necessary permits.
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