Why Require a Release from Serbian Citizenship?

The most common reason why citizens of the Republic of Serbia decide to submit a request for release from citizenship is the requirement imposed by the foreign state — the new country conditions its admission on the applicant first renouncing their existing Serbian citizenship.

How and Where to Start the Procedure?

The procedure may be initiated in person, through 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 a request for release from citizenship in a standard form, together with all stipulated documents.

To Whom Should You Submit a Request and Which Documents Should Be Enclosed?

The request for release from the citizenship of the Republic of Serbia shall be submitted to the competent police department, in person or by proxy. The following documents must be enclosed:

1) A guarantee that the party will be admitted to foreign citizenship, or proof that foreign citizenship has already been acquired, translated by an authorised court interpreter. If the State issuing the guarantee is not a signatory to the Hague Convention with the Republic of Serbia, the document must be authenticated by an apostille stamp.

2) Birth certificate

3) Excerpt from the marriage register

4) Certificate of citizenship of the Republic of Serbia

5) Certificate that no criminal proceedings are pending in the Republic of Serbia, issued by the Primary Court at the place of last permanent residence in the Republic of Serbia

6) Confirmation from the Administration of Public Revenue of settled taxes, both at local and Republic level, issued at the place of the applicant’s last permanent residence in the Republic of Serbia

7) Certificate issued by the Centre for Social Work confirming that all property-legal obligations between parents and children have been settled

8) Photocopy of passport or identity card

The advantage of having a representative in the Republic of Serbia: Apart from a signed power of attorney and a guarantee of acceptance into foreign citizenship, you should provide items 2, 3, 4 (or optionally authorise your representative to secure them for you), whereby your representative submits the request and conducts the entire process — items 5, 6 and 7 will also be secured.

Initiating the Proceeding – Proceeding Before the Competent Diplomatic-Consular Mission

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

1) A guarantee of acceptance into foreign citizenship or proof that foreign citizenship has already been acquired, 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

Refusal of Request

What Are the Most Common Reasons for Refusal?

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

II Additionally, one of the frequent reasons for refusing requests for male citizens older than 18 years of age is a hindrance related to military duty. 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 compulsory military service, and pursuant to 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 wish to serve military service with weapons in the Serbian Army (over 18 years of age) are obliged to be registered in military records and are subject to reserve duty. Persons residing abroad are obliged to apply to the competent diplomatic-consular mission of the Republic of Serbia in order to be listed in military records, which then notifies the competent centre of the Ministry of Defence for local self-government according to the applicant’s last place of residence in the Republic of Serbia.

III Incomplete documentation is also grounds for refusal, as is the submission of documents that are not authenticated in accordance with the applicable legislation.

Adoption of a Request

What Happens to Your Passport After a Decision on Release from Citizenship?

After a decision on release from citizenship has been delivered to you personally — either at the premises of the competent police administration in the Republic of Serbia or at the diplomatic-consular office abroad — your passport and identity card will be cancelled. In the period between delivery of the decision 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 delivered to you by diplomatic means if your residence is abroad, even when you have chosen to submit the request to the competent police administration in the Republic of Serbia. You will therefore not be prevented from leaving Serbia and returning to your country of residence after cancellation of your travel document.

Re-Admission to the Citizenship of the Republic of Serbia

How to Regain Serbian Citizenship if You Have Changed Your Mind?

If you have been released from citizenship of the Republic of Serbia and have acquired foreign citizenship — or if your citizenship was terminated at the request of your parents — you may regain citizenship of the Republic of Serbia. With a properly completed request for re-admission, the preconditions are that you are at least 18 years of age, have not been deprived of legal capacity, and submit a written statement that you consider the Republic of Serbia to be your country.

Lawyer’s advice: Many countries require in their citizenship legislation the prior consent of their competent authority before reinstating foreign citizenship. Failure to obtain such consent may result in loss of the newly acquired citizenship of that country.

Milica Jeremic Attorney at Law | Bar Association of Serbia, Reg. No. 963 Provides legal assistance to the Serbian diaspora in citizenship, inheritance, and company formation matters.