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Release from the citizenship – What to expect in the proceeding?

Lawyer > Uncategorized  > Release from the citizenship – What to expect in the proceeding?

Release from the citizenship – What to expect in the proceeding?

RELEASE FROM SERBIAN  CITIZENSHIP

Why to require a release from the citizenship?

The most common reasons why citizens of the Republic of Serbia decide to submit a request for release from the citizenship, is emanated by the foreign legislation, which conditions admission to the foreign citizenship, by prior release from the citizenship that is already possessed by a candidate.

How and where to start the procedure?

The procedure may be initiated in person or by a lawyer in Serbia, or before the competent diplomatic-consular mission of the Republic of Serbia abroad.

Initiating the proceeding – proceeding in Serbia

The proceeding is initiated by submission of the request for release from the citizenship in a standard form, including all stipulated documents.

To whom should you submit a request and which documentation should be enclosed?

The procedure for termination of the citizenship of the Republic of Serbia shall be initiated by the request, submitted to the competent police department, in person or by proxy. Upon a submission of the request to the competent police department, the following documents should be enclosed:

  1.  a guarantee that the party will be admitted to foreign citizenship, or proof of foreign citizenship , translated by an authorised court interpreter

If the State issuing the guarantee is not a signatory to the Hague Convention, the document must be authenticated by the apostle stamp.

  1. birth certificate
  2. excerpt from the marriage register
  3. certificate of citizenship of the Republic of Serbia 
  4. certificate that there is no criminal proceedings in the Republic of Serbia, issued by the Primary Court in the place of last permanent residence in the Republic of Serbia
  5. confirmation from the Administration of Public Revenue of settled taxes, both on local and the Republic level (issued in the place of the applicant’s last permanent residence in the Republic of Serbia)
  6. certificate issued by the Centre for Social Work that the applicant has settled property-legal obligations between parents and children
  7. Photocopy of passport or identity card;

The advantage of having a representative in the Republic of Serbia: Apart from stipulated power of attorney, a guarantee of acceptance into foreign citizenship, and the payment of administrative fee –amounting to RSD 31.620,00 (cca EUR 270), you should provide items 2,3,4 (or optionally, authorise your representative to secure it for you), whereby your representative is entitled to submit the request for release from the citizenship of the Republic of Serbia and to conduct the entire process (whereas items 5,6,7 will also be secured).

Initiating the proceeding – proceeding before the competent diplomatic-consular mission of the Republic of Serbia

When an applicant submits the request before the competent diplomatic-consular mission of the Republic of Serbia, along with the filled standard form, the following documents should be included:

1) A guarantee of acceptance into foreign citizenship or proof of foreign citizenship , translated by an authorised court interpreter 2) Birth certificate 3) excerpt from the marriage register 4)certificate of citizenship of the Republic of Serbia 5) Photocopy of passport or identity card 6) payment of administrative fee –amounting to EUR 441 (for Germany and Austria)

Refusal of request

What are the most common reasons for refusal of request?

I A request for release from the citizenship of the Republic of Serbia shall be refused, if the applicant is being prosecuted for an offense that is prosecuted ex officio. In the case of a person convicted of serving a sentence of imprisonment, that sentence must be sustained.

II Additionally, one of the frequent reasons for refusing requests for male citizens, older than 18 years of age, is also a hindrance related to military duty, and before submitting a request, it is necessary to verify whether the applicant has been listed in military records. After the entry into force of the Decision on termination of military service obligation, and pursuant to the provision of Article 135, paragraph 5 of the Law on Military, Labour and Material Obligations (“Official Gazette of the Republic of Serbia” No. 88/09 and 95/10), persons who do not want to serve a military service with weapons in the Serbian Army (over 18 years), are obliged to be listed in military records and subject to reserve duty. Residents who reside abroad are obliged to apply to the competent diplomatic-consular representative office of the Republic of Serbia abroad for the purpose of listing them into military records, notified by the competent centre of the Ministry of Defence for local self-government, according to the place of the last residence of the recruit in the Republic of Serbia.

III Incomplete documentation is also a setback to the adoption of a request and correspondingly the issuance of a decision on the release from the citizenship of the Republic of Serbia, or alternately, the submission of documentation that is not authenticated in accordance with the positive legislation.

Adoption of a request

What happens to your passport after a decision on the release from citizenship?

After a decision on release from the citizenship has been delivered to you personally, either at the premises of the competent police administration in the Republic of Serbia, or in the diplomatic-consular office of the Republic of Serbia abroad, your passport and identity card will be cancelled. Therefore, in the period between a delivery of the decision on termination of citizenship of the Republic of Serbia and formal admission to the citizenship of the selected country, you should not plan any travel.

Lawyer’s advice: We suggest that your decision on release from citizenship of the Republic of Serbia will be sent to you by diplomatic means if your residence is abroad, even when you have decided to submit a request to the competent police administration in the Republic of Serbia. Therefore, you will not be prevented from leaving the Republic of Serbia and returning to the country of residence after the cancellation of your travel document.

Re-admission to the citizenship of the Republic of Serbia

How to regain the citizenship of the Republic of Serbia if you have “changed your mind”?

If you have been released from citizenship of the Republic of Serbia and acquired foreign citizenship, or your citizenship has been terminated at the request of your parents, you can regain citizenship of the Republic of Serbia. With a properly filled request for re-admission of the citizenship of the Republic of Serbia, it is a pre-condition that you have reached 18 years of age, you have not been deprived of legal capacity and submit a written statement that you consider the Republic of Serbia as your country.

Lawyer’s advice: Many countries require in their citizenship legislation, the prior consent of their competent authority for the reinstatement of foreign citizenship. Otherwise, it is foreseen to deprive the citizenship of that country.

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