Based on Article 160 Paragraph 1 Item b), c), d), e) and f) related to Article 29 Paragraph
5, Article 30 Paragraph 5, Article 44 Paragraph 1, 2 and 3, Article 54 and Article 76
of the Law on Movement and Stay of Aliens and Asylum ("BiH Official Gazette", number 36/08 and
87/12), Article 4 and 14 Paragraph 1 Item 8 of the Law on Ministries and Other Administrative Bodies
of Bosnia and Herzegovina ("BiH Official Gazette", numbers: 5/03, 42/03, 26/04, 42/04, 45/06, 88/07,
5/09, 59/09, 103/09 i 87/12) and Article 16 of the Law on Administration of Bosnia and Herzegovina
("BiH Official Gazette", number 32/02 and 102/09), the Ministry of Security has adopted
BYLAW ON ENTRY AND STAY OF ALIENS
CHAPTER I – GENERAL PROVISIONS
Article 1.
(Subject matter of the Bylaw)
This bylaw stipulates the validity period of airport transit visas, procedure regarding issuing visas at the
border, form and content of the visa application form and the visa sticker, procedure for visa
shortening, cancellation and extension, for the entry and exit of aliens and for refusal of entry,
procedure for registration of work, for approval and extension of residence, registration and
cancellation of temporary residence or permanent residence, for the issuance of identity cards for
aliens, termination of residence, cancellation of residence, shortening and termination of bans on entry
and stay, keeping books on aliens and other technical questions important for the entry, stay and
movement of aliens in Bosnia and Herzegovina.
Article 2.
(Documentation)
(1) The documentation enclosed with the application in accordance with provisions of the Law on the
movement and stay of aliens and asylum (hereinafter: Law) and this Bylaw shall be submitted in the
original or as a certified copy.
(2) The documentation from paragraph (1) of this Article written in a foreign language shall be
submitted with a translation in one of the official languages used in Bosnia and Herzegovina.
Article 3.
(Forms)
The forms which are a constituent part of this Bylaw shall be printed in the Latin and Cyrillic alphabet,
written in the official languages used in Bosnia and Herzegovina and in English and/or French, if not
otherwise prescribed by this Bylaw.
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CHAPTER II - VISAS
Article 4.
(Airport transit visa)
(1) An Airport transit visa (Visa A) may be issued to an alien for one, two or several transits through
the airport international area in the period of the transit.
(2) An Airport transit visa (Visa A) shall be issued with a validity period of three months.
Article 5.
(Visa at the border)
(1) In exceptional cases, the Border Police of Bosnia and Herzegovina (hereinafter: Border Police) may
issue a visa to an alien at the border. In that case, in accordance with Article 36. Paragraph (5) of the
Law, the alien is issued a short-term stay visa (Visa C) for a single entry for up to 15 days or an airport
transit visa (Visa A) for a transit with one day validity.
(2) Reasons for issuing a visa at the border may be the following:
a) Issuing a visa for security reasons for Bosnia and Herzegovina – if there is a written
request from the Service for Foreigners (hereinafter: Service) submitted to the Border
Police,
b) Issuing a visa for humanitarian reasons – includes emergency medical interventions and
medical evacuations, the participation of specialised teams in humanitarian find and
rescue actions during natural and other disasters etc.,
c)
Issuing visas for serious professional reasons – includes members and associates of
foreign delegations attending official meetings by invitation of domestic institutions,
foreign businessmen and representatives of companies attending official meetings by
invitation of domestic institutions or companies, members of sport clubs, associations
and representations participating in international sport competitions by invitation of
sports federations etc.,
d) Issuing a visa for unforeseeable and urgent personal reasons – this includes death or a
sudden serious illness of immediate family members, attending a funeral of immediate
family members, care of a minor child etc.
(3) The application for the issuance of a visa at the border is submitted personally to the Border Police
at the border crossing to the team leader or the police officer replacing him. Border crossings where
visas at borders can be issued are prescribed by a decision of the Council of Ministers of Bosnia and
Herzegovina.
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(4) Besides the application for issuing visas at the border, the alien shall make a written statement on
the reasons for an urgent entry into Bosnia and Herzegovina and reasons why a timely visa application
was not possible, to the Diplomatic-Consular Office of Bosnia and Herzegovina (hereinafter: DCO
BIH).
(5) The team leader of the Border Police at the border crossing or the police officer replacing him shall
estimate and determine if there are reasonable grounds for issuing a visa at the border, evidence of the
impossibility to submit a timely visa application to the competent DCO BIH, reasons for an urgent stay
in Bosnia and Herzegovina, as well as guarantees for the return to the country of origin or the usual
place of residence.
(6) The team leader of the Border Police may demand that reasons from paragraph (2) of this Article be
supported by relevant documentation.
(7) An official record shall be made by the police officer issuing the visa for every case of issuing a
visa at the border, and which is also listed in the report of the team leader and in the list of issued visas
at border crossings.
Article 6.
(Visa application form)
(1) The visa application shall be submitted on a prescribed form. The alien shall fill out the visa
application form completely and legibly and sign it.
(2) When more than one person is stated in the passport, each person shall fill out and sign a separate
visa application form.
(3) When a minor is submitting a visa application form, the form shall be signed by the person from
Article 17. of Paragraph (3) of the Law.
(4) Exceptionally, in cases of special circumstances such as high urgency or when visas need to be
issued to a large number of people within a limited time frame, the visa application form may be filled
out and signed by the representative of the organizer of the arrival of the group.
(5) The visa application form is a constituent part of this Bylaw, Form number 1.
Article 7.
(Visa stickers)
(1) The visa is entered into the passport in the form of a sticker. The visa sticker shall be filled out
electronically before putting it into the passport. All data on the sticker are printed. No manual changes
are allowed on the printed visa sticker.
(2) Notwithstanding paragraph (1) of this Article, a visa sticker may be filled in by hand only in cases
of technical problems. Modifying a visa sticker filled in by hand is prohibited. An official note shall be
made for the visa stickers filled in by hand, which shall be submitted to the Ministry of Foreign Affairs
(hereinafter: MFA), to the Service and the headquarter of the Border Police. When technically possible,
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the data filled in by hand on the visa sticker are immediately entered into the Central Data Base on
Aliens (ISM).
(3) If the technical problems can be solved in a short time and the visa applicant agrees, visa issuance
may be postponed for the visa sticker to be filled in electronically instead of by hand.
(4) The printed or visa sticker filled out by hand shall be put on the first page of the passport intended
for visas. The visa sticker needs to be smoothed out and put as close to the edges of the passport, to
enable the document to be machine read.
(5) When Bosnia and Herzegovina does not acknowledge the passport of the applicant, the visa sticker
shall be put on a separate form in accordance with the decision of the Council of Ministers of Bosnia
and Herzegovina.
(6) Separate visa stickers issued to persons stated in the same passport are put in the stated passport.
(7) The signature of the authorized person and the stamp of the DCO BIH, the Service or the Border
Police shall be entered by hand on the right side of the sticker, to cover both a part of the sticker as well
as a part of the page of the passport, insuring an unobstructed view of the data entered in the designated
fields and avoiding the machine-readable zone.
(8) The a sticker form contains the following: in the upper left corner, the title “Bosnia and
Herzegovina”, right in the centre is the title “VISA”, and in the bottom right corner the sticker
number. On the left side, below the title "Bosnia and Herzegovina", there is an optical changeable
element, below which there space for a photo. Below the title “VISA” there is space for the information
“Visa issued by” to enter a Diplomatic-Consular Office of BiH, or the Service or the Border Police
which issued the visa, then the data “visa valid from”, below the title “Visa issued by” is the field
“Number of entries”, and after that the visa expiration date. Below the field “Number of entries” is the
field “Type of visa”, where the type of visa is entered, followed by the field where the visa issuance fee
amount is stated, below is the field where the surname and name of the alien is entered. Below the
surname and name of the alien field, the passport number is entered, followed by the sex, date of birth
and the visa issuing country. The area below these fields is the machine-readable zone, where
electronically readable data are entered.
(9) The title and names of data on a visa sticker form shall be written in Bosnian, Croatian, Serbian,
French and English. The text in Bosnian and Croatian shall be written in Latin, while the
Serbian shall be written in Cyrillic letters. Specific data entered on a visa sticker form shall be written
in Latin letters.
(10) If a technical error is identified on a visa sticker not yet put into the passport, the visa sticker shall
be cancelled by affixing the stamp “CANCELLED”, a line is drawn with a sharp object over the visa
sticker and the title “Visa” is crossed out with permanent ink.
(11) If a technical error is identified on a visa sticker already put into the passport, the visa sticker is
cancelled as described in paragraph (10) of this Article, and a new visa sticker is pasted into the
passport on another page.
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(12) Visa stickers shall be kept in appropriate premises and in special cabinets or safes. Only
authorized persons shall have access to these premises.
(13) The authorized official with access to the visa stickers shall keep record of the number of unused
visa stickers, issued visa stickers and visa stickers cancelled due to a technical error noticed before or
after it was put into the passport.
(14) The visa sticker form is a constituent part of this Bylaw, Form number 2.
Article 8.
(Refusal of visa issuance at border)
(1) The team leader of the Border Police at the border crossing or the police officer replacing him/her
shall reject the visa application of an alien not fulfilling the conditions for issuance of a visa at the
border or failing to submit sufficient evidence justifying the issuance of a visa at the border from
Article 5, Paragraph (2) of this Bylaw.
(2) A visa at the border application shall be rejected when there is reasonable doubt in the authenticity
of the documents provided as evidence enclosed by the applicant or reasonable doubt in the accuracy of
their content, the reliability in the applicant’s statements or his/her intention to leave the territory of
Bosnia and Herzegovina prior to the expiration of the visa which s/he is applying for.
(3) In the case when the visa at the border application is rejected, the Border Police shall issue a
decision on the rejection of the visa application, which shall be submitted to the applicant.
(4) The decision on the rejection of the visa application at the border may be appealed to the Ministry
of security (hereinafter: Ministry) through the Diplomatic-Consular Office BIH, within 15 days after
receipt of the decision.
(5) The form of the Decision on the rejection of the visa application at the border is a constituent part of
this Bylaw, Form number 3.
Article 9.
(Shortening the validity of the visa)
(1) If the Service or the BiH Border Police establish, that an alien is lacking sufficient means of
subsistence, they may shorten the validity of a visa.
(2) The validity of a visa is shortened by affixing the stamp “SHORTENED” over the visa sticker, and
the new deadline and /or the new number of days the visa is valid, signature and stamp of the
authorized person are entered on the visa sticker by hand, in such a way that the signature and the
stamp cover a part of the visa sticker and a part of the passport page.
(3) The decision on shortening the validity of a visa may be appealed to the Ministry within three days
from the receipt of the decision. The appeal shall postpone the execution of the decision.
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Article 10.
(Annulment of the visa at the border)
(1) A visa may be annulled at a border crossing before entry into Bosnia and Herzegovina.
(2) The visa shall be annulled at the border crossing by the Border Police for reasons prescribed in
Article 41, Paragraph (1) of the Law. The decision on the annulment of a visa at a border crossing shall
be issued ex officio. The procedure shall be carried out by the competent local organisational unit of
the Border Police.
(3) The decision on the annulment of a visa at a border crossing may be appealed to the Ministry within
15 days from the receipt of the decision. The appeal shall not postpone the execution of the decision.
(4) The form of the decision on the annulment of a visa at a border crossing is a constituent part of this
Bylaw, Form number 4.
Article 11.
(Annulment of the visa within the country)
(1) An alien’s visa who entered and is staying on the territory of Bosnia and Herzegovina shall be
annulled for reasons prescribed in Article 42, Paragraph (1) of the Law.
(2) The Service shall annul a visa on the territory of Bosnia and Herzegovina. The Decision on the
annulment of a visa on the territory of Bosnia and Herzegovina shall be issued ex officio or at a
reasoned proposal of another body. The procedure shall be carried out by the organisational unit of the
Service on the territory in which the alien is registered or found.
(3) The decision from Paragraph (2) of this Article may be appealed to the Ministry within three days
from the receipt of the decision. The appeal shall postpone the execution of the decision
Article 12.
(Visa annulment method)
(1) A visa is annulled by affixing the stamp “ANNULLED” over the visa sticker; a line is drawn with a
sharp object over the visa sticker, and the title “VISA” is crossed out with permanent ink.
(2) The date of annulment, the signature and stamp of the authorized person are entered below the visa
sticker in such a way that the signature and the stamp cover a part of the visa sticker and a part of the
passport page.
Article 13.
(Visa extension)
(1) A short-term stay visa (Visa C) may be extended in exceptional cases of force majeure, for
humanitarian, professional or justifiable personal reasons. The visa extension procedure shall be carried
out following the regulations for visa issuance.
(2) Reasons for visa extension from Paragraph (1) of this Article include natural and other disasters,
urgent medical help, unforeseen reasons concerning immediate family members (serious disease, death
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etc.), end of official or other business activities the visa was issued for, and other situations when this is
required by humanitarian, professional and justifiable personal reasons or force majeure.
(3) The visa extension application shall be submitted personally or through a legal representative for a
business disabled alien. The application shall be filed on the prescribed form to the organisational unit
of the Service depending on the place of residence of the alien, before the expiry of the visa validity
and the permission to stay, approved based on the issued visa.
(4) A certificate on the submitted visa extension application shall be issued to the applicant. The alien
may reside in Bosnia and Herzegovina until a decision is made based on the application. The certificate
on the submitted visa extension application shall contain: name of the body issuing the certificate,
number and date of the issuance of the certificate, the legal basis for the issuance of the certificate, the
title “CERTIFICATE”, a space for the name and surname of the applicant with all personal data and
the reason for the visa extension application, a note that the certificate serves as evidence of the
submitted application and that it may not be used for crossing the state border, a space for the signature
of the authorized person and the stamp of the competent body.
(5) The following shall be submitted along with the visa extension application:
a)
b)
c)
d)
e)
a copy of the passport
Photo 35x45mm
Evidence of the reasons for visa extension (relevant medical, official or other documentation),
Evidence of provided accommodation,
Evidence of provided means of subsistence and of return to the country of origin of the alien or
to a third country,
f) Evidence of health insurance and
g) Evidence of the payment of the administrative fee.
(6) In the procedure for the visa extension application, the organisational unit of the Service, ex officio,
shall carry out checks of the records of the Service, and of operational and official records of competent
law enforcement bodies in Bosnia and Herzegovina. Based on this, a note shall be made in the case file
and operational checks in the field shall be carried out, which shall determine the accuracy of the
applicant’s statements, based on which a report shall be made.
(7) The Service shall decide on the visa extension application within seven days from the receipt of the
application.
(8) The visa extension application shall be denied if the application failed to be submitted in
accordance with Article 39, Paragraph (1) Item e) and f) of the Law or if the evidences from paragraph
(5) of this Article were not submitted with the application or if these evidences fail to justify the
adequacy of the application.
(9) The visa extension application shall be rejected if it failed to be submitted in accordance with
Paragraph (3) of this Article.
(10) The decision refusing, i.e. rejecting, the visa extension application, shall determine a deadline, not
longer than three days from the day of the receipt of the decision of the visa extension application, by
which the alien must leave the territory of Bosnia and Herzegovina.
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(11) The decision refusing i.e. rejecting the visa extension application may be appealed to the Ministry
within three days from the receipt of the decision. The appeal shall not postpone the execution of the
decision.
(12) The decision on the visa extension shall be carried out by pasting the visa sticker in the alien’s
passport.
(13) The form of the visa extension application and the form of the certificate on the submitted visa
extension application are a constituent part of this Bylaw, Form number 5 and Form number 6.
Article 14.
(Notification on the shortening, annulment and extension of visa)
(1) The body that annulled, shortened or extended the visa shall immediately inform the competent
superior authority in writing about the annulled, shortened and extended visas, which shall further
inform the Ministry, the Service and the Ministry of the MFA about the stated facts.
(2) The notification from Paragraph (1) of this Article shall contain the following data: name and
surname of the alien, date of birth, place and country of birth, nationality, passport type, number and
importance, visa type, number and importance, reason and date of the visa extension, shortening or
annulment, with a set deadline for leaving the territory of Bosnia and Herzegovina.
CHAPTER III – ENTRY AND EXIT OF ALIENS
Article 15.
(Procedure at the border)
(1) When crossing the BiH border, an alien is obliged to present his/her documentation to the police
officer of the Border Police for approval of entry into BiH.
(2) An alien fulfilling the conditions to enter Bosnia and Herzegovina shall be allowed entry by the
police officer of the Border Police and an entry stamp shall be placed into the alien's passport.
Article 16.
(Means of subsistence)
Evidence of an alien having means of subsistence during his/her stay in Bosnia and Herzegovina is the
following:
a) cash in local or foreign convertible currency,
b) forms of non-cash payment or means or guaranties of a bank,
c) a letter of invitation,
d) evidence of organized travel or paid accommodation,
e) possession of other means,
f) a work permit.
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Article 17.
(Possession of financial means)
(1) Upon request by a police officer of the Border Police at the border crossing, the alien is obliged to
present evidence of possession of financial means in the amount prescribed by the Decision on the
minimum amount of means necessary to support an alien during the intended stay in Bosnia and
Herzegovina.
(2) When necessary and if made possible by technical capabilities, the financial means from Paragraph
(1) of this Article shall be verified on designated devices by police officers of the Border Police at the
border crossing.
Article 18.
(Letter of invitation)
(1) The possession of means of subsistence of the alien entering BiH with a visa or who is a citizen of a
non-visa regime country, as well as the purpose of entry and stay of the alien in BiH may be proved by
a letter of invitation.
(2) A letter of invitation may be issued by a citizen of Bosnia and Herzegovina or a foreigner with
granted permanent residence in Bosnia and Herzegovina or a domestic or foreign legal entity registered
in Bosnia and Herzegovina.
(3) Notwithstanding Paragraph (2) of this Article, a letter of invitation may be issued by a foreigner
residing in Bosnia and Herzegovina based on a granted temporary residence of 18 months for the
purpose of family reunification. A foreigner with granted temporary residence of up to one year may
only issue a letter of invitation for the purpose of a visit.
(4) Notwithstanding Paragraph (2) and (3) of this Article, a letter of invitation may be issued by a
foreigner residing in Bosnia and Herzegovina based on a granted temporary residence shorter than 18
months for the purpose of family reunification with a minor in accordance with Article 139, Paragraph
(2) of the Law or for the purpose of family reunification with a spouse in accordance with Article 5,
Item (t) of the Law.
Article 19.
(Application and evidence for verification of a letter of invitation)
(1) The application for verifying a letter of invitation shall be submitted on a prescribed form.
(2) If the issuer of the letter of invitation is a physical entity, he/she is obliged to submit the following
in addition to the application for verification the letter of invitation:
a) signed and filled out form of the letter of invitation,
b) copy of the ID card or passport of the issuer of the letter of invitation
c) evidence on having means of subsistence to demonstrate the ability to fulfil obligations assumed by
the letter of invitation:
1) certificate on regular monthly income or possession of cash in the local or foreign currency, or
evidence of having financial means,
2) evidence of provided accommodation for the alien,
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3) other evidence which may verify that the issuer of the invitation letter can evidence the
possession of means of subsistence,
d) a copy of the travel document of the invited alien.
e) evidence of the payment of the prescribed fee.
(3) If the issuer of the letter of invitation is a legal entity, it is obliged to submit the following, in
addition to the application for verifying the letter of invitation:
a) filled out form of the letter of invitation, signed and verified by an authorized person in the legal
entity,
b) copy of the passport of the invited alien,
c) copy of the decision on the legal entity’s entry into the court register issuing the letter of invitation
with an attachment showing who the person authorized to present is,
d) evidence on solvency of the legal entity issuing the letter of invitation,
e) certificate from the competent body on paid contributions,
f) certificate from the tax administration on paid tax duties or a contract signed with the tax
administration on the payment of outstanding liabilities in instalments,
g) for payers of indirect taxes, evidence issued by the Indirect Taxation Authority on settled liabilities
based on indirect taxes or a contract signed with the Indirect Taxation Authority on the payment of
outstanding liabilities in instalments,
h) evidence of the payment of the prescribed fee.
(4) The certificate from Paragraph (3) Item d), e), f) and g) of this Article, except concerning
agreements on the payment of liabilities in instalments, must not be older than 30 days from the day of
application.
(5) In the case when a letter of invitation is verified for the purpose of issuing a long-term visa (Visa
D), in addition to evidence from Paragraph (2) of this Article, the issuer of the letter of invitation shall
also submit evidence justifying the purpose of the entry and stay of the alien in Bosnia and
Herzegovina.
(6) In the case when a letter of invitation is verified for the purpose of issuing a long-term visa (Visa D)
to an alien intending to submit an application for residence in BiH on grounds of an issued work
permit, the alien shall submit a copy of his/her work permit with the application for the authorization of
the letter of invitation
(7) The Service may authorize a group letter of invitation for a minimum of five and a maximum of 50
persons travelling on a joint passport.
(8) A letter of invitation within the meaning of Article 34. Paragraph (8) of the Law is also an official
act of a state, entity, cantonal body, a body of the government of the Brčko District BIH, or a
Diplomatic-consular Office of a foreign country or an international organisation with diplomatic status
in Bosnia and Herzegovina, which shall contain the following data on the invited aliens:
a)
b)
c)
d)
e)
Name and surname of the invited alien,
Date and place of birth,
Nationality,
Passport number and importance,
Reasons for coming to Bosnia and Herzegovina, and
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f) The period of the alien’s intended stay in Bosnia and Herzegovina.
(9) The form of the application for the verification of a letter of invitation and the form for the
application for the verification of a group letter of invitation are a constituent part of this Bylaw, Form
number 7 and Form number 8.
Article 20.
(Form of the letter of invitation)
(1) The form of the letter of invitation shall be rectangular in shape, printed on both sides, in A4 form.
(2) The form of the letter of invitation issued by a domestic or foreign legal entity in Bosnia and
Herzegovina shall contain:
a) The title “Letter of invitation” with space for the entry of the type of visa below,
b) Space for the entry of data about the issuer: title of the legal entity, address of seat of office,
name of the responsible person, contact telephone number,
c) Space for entry of data about the invited alien: surname, name, former surnames and names, sex,
name of parents, date, place and country of birth, number and validity of travel document,
citizenship, other citizenships, professional qualification, current employment and information
about the employer, the purpose of the business trip to BiH, period of time and duration of visit,
data on previous business contacts with the invited alien, information on the intention of the alien to
apply for a temporary residence permit in BiH, information about where the alien intends to go
after the visit to BiH, other data and address of the accommodation of the alien in BiH,
d) statement from the issuer of the letter of invitation given under moral, material and
legal responsibility by which the issuer of the letter of invitation states that he/she will
undertake to provide lodging, costs of medical treatment and to ensure support and other
expenses related to stay of the concerned alien which may arise during the alien’s stay in BiH,
costs of placing the alien under surveillance, voluntary departure or forced removal, and all
other costs incurred for the exit of the alien from Bosnia and Herzegovina, and that the issuer is
aware that a false statement may lead to the rejection of the verification of the letter of
invitation as well as criminal prosecution in accordance with the BIH regulation
e) space for signature and stamp of the issuer of the letter of invitation /director –responsible
person,
f) space for verification by the organizational unit of the Service
(3) The form of the letter of invitation issued by a BiH citizen, an alien with granted permanent
residence or an alien with granted temporary residence in BiH, shall contain the following:
a) The title “Letter of invitation” with a space for entering the type of visa below it,
b) space for entry of data about the issuer: surname, name of parents, name, date, place
and country of birth, home address, town, contact telephone, number, date and place of
the issuance of the ID card or travel document, data on current employment, other sources of
income, monthly income, amount of other sources of income, data on accommodation and data
on the status in BiH (for aliens),
c) Space for entry of data about the invited alien: surname, previous surnames and names, sex,
name of parents, date, place and country of birth, number and validity of travel document,
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citizenship, other citizenships, marital status, occupation, current employment and information
about his/her employer and the address of the alien’s residence in BiH,
d) data on visit: the purpose of visit, data on time of entry of the alien into BiH and duration of
stay in BiH, information if the alien will apply for temporary residence in BiH, information if
the person inviting the alien is related to him/her and in what way, information on how long
they know each other, family situation of the invited alien, information if another person is
travelling with the invited alien, information about where the alien intends to go after the visit
to BiH, other data,
e) a statement from the person issuing the letter of invitation under moral, material and
legal liability by which the person issuing the letter of invitation states that during the stay of
the invited alien he/she is obliged to provide accommodation, cover the costs of medical
treatment, provide support and cover all remaining costs which may occur during the alien's
stay in BiH, the costs of placing the alien under surveillance, his/her voluntary return or forced
removal, as well as all other costs for the alien’s exit from BiH, and that he/she is aware that a
false statement may lead to refusal of verification of the letter of the invitation as well as
criminal liability in accordance with BIH legal regulations,
f) space for the signature of the issuer of the letter of invitation,
g) space for the verification by the administrative body or a public notary,
h) space for the verification by the organizational unit of the Service.
(4) The form of the letter of invitation issued by a domestic or foreign legal entity and the form of the
letter of invitation issued by a citizen of Bosnia and Herzegovina, an alien with granted permanent
residence or an alien with granted temporary residence in Bosnia and Herzegovina are a constituent
part of this Bylaw, Form number 9 and Form number 10.
Article 21.
(Verification of letter of invitation)
(1) The verification of the letter of invitation shall be carried out by the organizational unit of the
Service depending on the place of permanent or temporary residence, or the seat of the issuer of the
letter of invitation
(2) In the procedure of the application for the verification of the letter of invitation, the organizational
unit of the Service shall carry out checks of the official records of the Service and the records of
competent law enforcement bodies in Bosnia and Herzegovina, which shall be noted in the case file;
operational checks shall be performed in the field, the results of which are then recorded, thus
determining the authenticity of the applicant's statements.
(3) If the conditions are met, the organizational unit of the Service shall verify the letter of invitation by
affixing the following stamp on the form of the letter of invitation: “LETTER OF INVITATION
VERIFIED“.
(4) It shall be noted in the file if the conditions for the verification of the letter of invitation are not met,
and the issuer of the letter of invitation shall be informed verbally about the reasons for refusal of
verification.
(5) The organizational unit of the Service shall perform operational check-ups of official records,
operational checks and coordination with BiH Border Police concerning the control of the entry, stay
and exit of an alien for whom the letter of invitation was verified.
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Article 22.
(Evidence of organized travel or paid accommodation)
An alien entering BiH using the services of a tourists agency, upon request of a police officer of the
BiH Border Police, is obliged to present a voucher from the tourist agency or other evidence to prove
that accommodation and food is provided during his/her stay in Bosnia and Herzegovina, as well as
evidence that all other costs are covered including health care and costs for the return to the country of
his/her starting destination
Article 23.
(Possession of other means)
(1) An alien is considered to have means of subsistence if s/he is able to secure his/her livelihood in
Bosnia and Herzegovina in one of the following ways:
a) Through income realised from immovable property in Bosnia and Herzegovina (contract on
leased property etc.),
b) From means realised based on direct foreign investments or business and technical cooperation
(evidence of transfer of capital),
c) And other means of earning income.
Article 24.
(Work permit)
An alien with a work permit meets the conditions relating to the possession of means of subsistence
and health insurance.
Article 25.
(Entry of minors)
(1) An alien to the age of 14 with a personal travel document may cross the border of Bosnia and
Herzegovina accompanied by one or both parents, a legal representative or guardian, or when
accompanied by a person authorized to accompany him/her with a signed and authorized power of
attorney from the parents, legal representative or guardian. A minor travelling unaccompanied must
carry an authorized consent from the parents, legal representative or guardian.
(2) A consent or power of attorney shall contain: personal data on the minor and legal representative or
guardian, personal data on the accompanying person if travelling accompanied, the purpose and
duration of stay in BiH, the time period the consent or power of attorney is valid for and the provider’s
signature. This document must be written in one of the official languages in BiH or in English,
accompanied by a translation into one of the official languages in Bosnia and Herzegovina and certified
by a certified court interpreter.
(3) A minor is considered to have consent of the legal representative if he/she:
a) travels by air and has a letter of transmittal for minors issued by the aircraft operator,
13
b) is part of a school excursion, and is listed as excursion participant authorized by the competent
school institution,
c) participates in a sport, cultural or similar event and is listed as participant.
(4) In the case a minor to the age of 14 is not accompanied by one or both parents, legal representative
or guardian and does not fulfil some of the above-mentioned conditions from this Article, the minor
shall be returned and handed over to the border police of the state from which he/she attempted to enter
BiH.
Article 26.
(Group entry of aliens from a non-visa regime)
(1) Aliens with a joint (collective) travel document may enter, move around and exit from BiH only as
a group. An adult entered into a joint travel document must have a document with a photo to identify
him/her. Exceptionally, a member of the group may be permitted to individually exit from the country
if he/she has some private issues or if such decision is made by the competent authority. The group
leader must have a personal travel document and must not leave BiH without the group. The number of
people travelling with a joint travel document shall be limited from five to 50 people.
(2) Aliens with another travel document, excluding a passport, which may be used to cross the BiH
border, and would like to enter BiH, stay and exit as a part of organized group, may enter, move around
and exit BiH only collectively. Exceptionally, a member of the group may be permitted to individually
exit the country if he/she has some private issues or if such decision is made by the competent
authority. The group leader must not leave BiH without the group except in extraordinary cases and
with approval of the Service.
(3) Aliens collectively entering BiH, besides fulfilling general conditions for entry, must have evidence
of organized travel, carried by the group leader.
(4) If during the exit control of the group from paragraph (1) and (2) of this Article the Border Police
of Bosnia and Herzegovina establishes that not all members of the group have left Bosnia and
Herzegovina, it shall immediately inform the Service.
Article 27.
(Refusal of entry)
(1) An alien not fulfilling conditions to enter BiH as regulated by the Law and this Bylaw, the BiH
Border Police shall refuse the entry into BiH.
(2) An alien who has been refused entry to BiH on the grounds regulated by Article 25 of the Law, the
Border Police shall issue a decision on refusal of entry, in which the reasons for refusal of entry are
listed; the alien is obligated to immediately leave the area of the border crossing and the territory of
Bosnia and Herzegovina.
(3) A stamp reading “ENTRY REFUSED”, i.e. other relevant signs, shall be affixed in the alien’s
passport. If the alien has a document in which a stamp cannot be affixed, the reason why the stamp was
not affixed shall be stated in the decision on refusal of entry.
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(4) The decision on refusal of entry shall be delivered to the alien as regulated by Article 26, paragraph
(4) of the Law. If the delivery cannot be performed in such manner, the decision shall be delivered in
accordance to the regulations of the Law on Administrative Procedures.
(5) The decision on the refusal of entry at the border may be appealed to the Ministry within 15 days
from the receipt i.e. delivery of the decision. The appeal shall postpone the execution of the decision
(6) The form of the decision on the refusal of entry is a constituent part of this Bylaw, Form number 11.
Article 28.
(Guaranty for the exit from the country)
(1) The existence of means needed for the alien to leave the country may be proved by presenting a
return ticket to the country of the starting destination or a ticket for the continuation of travel if the
alien has a visa for the travel to the territory of another country, if a visa is required.
(2) The existence of a guaranty for exit from the country may also be proved through the legal
possession of an adequate transport vehicle if the alien uses this vehicle for transport.
Article 29.
(Exit from the country)
(1) The alien’s exit from the country may be restricted under conditions prescribed in Article 7,
Paragraph (6) of the Law.
(2) An alien who was denied exit from Bosnia and Herzegovina in accordance with Paragraph (1) of
this Article, either temporary, for a maximum of 30 days or after the reasoning from Article 7,
Paragraph (6) of the Law ceases to be valid, shall have his travel documents and other documents
which may serve for crossing a state border confiscated, on which the alien shall receive a certificate.
(3) The Service shall immediately inform the Border Police and the competent body which proposed
the alien’s prohibition of exit from Bosnia and Herzegovina about the prohibition of exit from Bosnia
and Herzegovina for the alien, as well as of the cessation of the reason from Article 7, Paragraph (6) of
the Law.
(4) The Border Police shall immediately inform the Service if the alien attempts to leave Bosnia and
Herzegovina while his exit is restricted.
(5) After the deadline from Paragraph (2) of this Article expires, or after the reason based on which the
alien was denied exit from Bosnia and Herzegovina ceases to be valid, the travel documents and other
documents shall be returned to the alien and he/she shall be permitted to leave Bosnia and
Herzegovina.
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CHAPTER IV – RESIDENCE OF ALIENS
Article 30.
(Types of residence)
The residence of aliens, in the sense of Article 51 of the Law includes:
a) visa stay – the right of an alien to stay in BiH for the period stated in the visa,
b) non-visa stay – the right of an alien to stay in BiH coming from a non-visa regime country, in
accordance with Article 21 of the Law,
c) temporary residence – the right of an alien to reside on the territory of BiH granted to the alien based
on his/her application by a decision from the Service for up to one year, if not otherwise determined by
residence permit,
d) permanent residence – the right of an alien to reside on the territory of BiH granted based on his/her
application by a decision of the Service for an unlimited period of time
Article 31.
(Application for the approval and extension of residence)
(1) An alien may submit an application for a residence permit in BiH from abroad through BiH
Diplomatic Consular Offices and directly in BiH in one of the organizational units of the Service.
(2) An application for a residence permit shall be submitted in person, while a legal representative
shall submit the application for a professionally incapable alien.
(3) The application for a first temporary residence permit is generally submitted abroad, through BiH
Diplomatic Consular Offices. The application for granting a first temporary residence may be
submitted to the competent organizational unit of the Service in BiH only if the alien:
a) entered BiH with a long-term stay visa (Visa - D)
b) is a citizen of a non-visa regime country
(4) The prescribed fee shall be paid for the application for the approval or extension of temporary
residence and for the application for the approval of permanent residence.
(5) The basis of a temporary residence “work without work permit”, which according to the Law on
amendments of the Law on the Movement and Stay of Aliens and Asylum (“Official Gazette BIH”,
number 87/12) has included previous bases for temporary residence related to the type of work of the
alien, shall be considered the same basis for the extension of such temporary residence.
(6) Extension of a temporary residence may be granted based on the application of the alien but only on
the same grounds on which the temporary residence was approved.
(7) Notwithstanding Paragraph (6) of this Article, an adult alien residing in BiH for three consecutive
years on the grounds of temporary residence granted for the purpose of a family reunification shall
have the right to submit a separate application for a temporary residence based on other grounds, if
he/she fulfils the conditions regulated by this Law for temporary residence permit based on other
grounds.
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(8) In the case that an alien applies for a temporary residence based on other grounds, upon the expiry
of the temporary residence, he/she is obliged to leave BiH, and the application for granting residence
must be submitted in accordance with Paragraph (3) of this Article.
Article 32.
(Deadlines for submitting residence applications)
(1) The application for granting the first temporary residence shall be submitted no later than 15 days
before the long-term visa expires (Visa D), or 15 days prior to the expiry of a non-visa stay.
(2) An application for the extension of temporary residence shall be submitted in BiH to the competent
organizational unit of the Service, or outside BiH, through a BiH Diplomatic Consular Office no later
than 15 days prior to the expiration of the valid period of residence.
(3) An application for granting a permanent residence shall be submitted during the validity of the
temporary residence, and no later than the expiry day of the valid temporary residence. If an alien does
not fulfil the conditions for granting a permanent residence, the filed application may be transformed
into an application for granting or extension of temporary residence on the same grounds the previous
temporary residence was granted, until a decision on the application is reached.
Article 33.
(Forms of the residence permit application)
(1) Application for granting or extension of a temporary residence in BiH shall be submitted on the
form "Application for granting/extension of temporary residence in BiH" which is an integral part of
this Bylaw, Form number 12.
(2) The application form from paragraph (1) of this Article shall contain: space for a photo in the upper
left corner, space for the admission stamp in the upper right corner, title of the body the application is
being submitted to, the title: APPLICATION FOR GRANTING/EXTENSION OF TEMPORARY
RESIDENCE”, space for the following information: 1) surname, 2) previous surname, 3) name, 4) sex,
5) name of parents, 6) day, month and year of birth, 7) place and country of birth, 8) nationality, 9)
other nationalities, 10) travel document (type, number, date and place of issue, issuing body), 11) travel
document valid through..., 12) last address in country of origin, 13) residence permit in another
country, 14) type of application (granting or extension of residence), 15) basis for residence, 16)
requested time period for residence, 17) date and place of entry into Bosnia and Herzegovina, 18)
address in Bosnia and Herzegovina (town, street, number and telephone number), 19) means of
subsistence, 20) health insurance, 21) employment in Bosnia and Herzegovina, 22) occupation and
qualifications, 23) marital status, 24) mother tongue, 25) knowledge of the languages officially used in
Bosnia and Herzegovina, 26) knowledge of other languages, 27) stay of relatives in Bosnia and
Herzegovina and address, 28) the following is attached to this application, 29) an unaccompanied
minor, and the statement of the applicant on the accuracy and completeness of the entered data, a
statement that s/he is aware that a false statement may lead to the application being rejected and to
criminal prosecution, and consent that his/her data may be checked, processed and forwarded to the
competent bodies in Bosnia and Herzegovina, space for the application date in the lower left corner,
space for the applicant’s signature in the lower right corner, space for information about the decision on
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application, date of issue of the approval, validity of the approval and signature of the responsible
person.
(3) The application for granting permanent residence in Bosnia and Herzegovina is filed on the form
“Application for granting permanent residence”, which is a constituent part of this Bylaw, Form
number 13.
(4) The application form from paragraph (3) of this Article shall contain: space for a photo in the upper
left corner, space for the admission stamp in the upper right corner, title of the body the application is
submitted to, the title: “APPLICATION FOR GRANTING PERMANENT RESIDENCE”, space for
the following information:
1) surname, 2) previous surname, 3) name, 4) sex, 5) name of parents, 6) day, month and year of birth,
7) place and country of birth, 8) nationality, 9) other nationalities, 10) travel document (type, number,
date and place of issue, issuing body), 11) travel document valid through..., 12) last address in country
of origin, 13) place and address where the alien intends to permanently reside in Bosnia and
Herzegovina, 14) previously granted permanent residence permits (period and ground for granting
residence), 15) possessing means of subsistence, 16) health insurance, 17) employment in Bosnia and
Herzegovina, 18) marital status, 19) residence of family members in Bosnia and Herzegovina, 20)
mother tongue, 21) knowledge of the languages officially used in Bosnia and Herzegovina, 22)
knowledge of other languages, 23) the following is attached to this application, and the statement of the
applicant on the accuracy and completeness of the entered data, statement that s/he is aware that a false
statement may lead to the application being rejected and to criminal prosecution and consent that
his/her data may be checked, processed and forwarded to competent bodies in Bosnia and Herzegovina,
space for the application date in the lower left corner, space for the applicant’s signature in the lower
right corner, space for the information about the decision on application, date of issue of the approval,
validity of the approval and signature of the responsible person.
(5) The application form from Paragraph (1) and (3) of this Article shall be filled legibly, in printed
letters.
Article 34.
(Certificate of submitted application)
(1) When the application for granting or extension of residence is submitted abroad, the DiplomaticConsular Office of BIH shall issue to the alien a certificate as evidence of the submitted application,
which is not a residence permit and may not be used for the entry into Bosnia and Herzegovina. The
same or the following day, the Diplomat-Consular Office of BIH, through the Ministry of Foreign
Affairs, shall submit the application with the submitted attachments to the Service for further
processing.
(2) The certificate from Paragraph (1) of this Article shall contain: title of the body issuing the
certificate, number and date of issue of the certificate, the title: “CERTIFICATE”, space for name and
surname with all personal data, space for entering the grounds of residence, note that the certificate
serves as evidence of submitted application, that it is not a residence permit and that it may not be used
for the entry into Bosnia and Herzegovina, space for the signature of the responsible person and the
stamp of the competent body. The form of the certificate on submitted application through the
Diplomatic-Consular Office of BIH is a constituent part of this Bylaw, Form number 14.
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(3) If the application for granting or extension of residence is submitted in Bosnia and Herzegovina,
the organizational unit of the Service which received the application shall issue to the alien a certificate
which is a residence permit, until a final decision on the application is made. The certificate shall be
issued with a validity of 30 days and may be extended for justifiable reasons until a final decision on
the application is made.
(4) The certificate from Paragraph (3) of this Article shall contain: title of the body issuing the
certificate, number and date of issue of the certificate, the title: “CERTIFICATE”, space for name and
surname with all personal data, space for entering the grounds of residence, note that the certificate
serves as residence permit until the final decision is made, that it is issued for a period of 30 days and
that it may be extended for justifiable reasons until the final decision is made, space for the signature of
the responsible person and the stamp of the competent body. The form of the certificate on submitted
application in Bosnia and Herzegovina is a constituent part of this Bylaw, Form number 15.
CHAPTER V- WORK WITOUT WORK PERMIT
Article 35.
(Work registration certificate without work permit)
(1) The category of aliens from Article 84. Paragraph (1) of the Law may work in Bosnia and
Herzegovina without a work permit, based on a work registration certificate during the validity of the
visa or visa-free residence or a previously granted residence.
(2) The category of aliens from Paragraph (1) of this Article is obliged to obtain a work registration
certificate before starting work. An alien who registered his work is allowed only to do the job for
which he received a work registration certificate and with the employer with whom the job was
arranged based on the certificate. An alien may not start work in Bosnia and Herzegovina before a
work registration certificate is issued to him.
(3) The application for issuing a work registration certificate shall be submitted by the alien or the
employer, or the person using the services of the alien. The application shall be submitted on the
prescribed form to the organizational unit of the Service depending on the place of work. The form of
the application for issuing a work registration certificate shall contain: space for the admission stamp
and the title of the organ receiving the application, the title “APPLICATION FOR ISSUING A WORK
REGISTRATION CERTIFICATE”, surname and name, date, place and country of birth, nationality,
name and address of employer, information on the type of work the alien will carry out, information on
the time period for which a certificate is being requested, attached to the application are, date and place
of submitting the application and space for the applicant’s signature. The form of the application for
issuing a work registration certificate is a constituent part of this Bylaw, Form number 16.
(4) Before issuing the work registration certificate, the competent organizational unit of the Service
shall carry out checks of official records of the Service as well as operational checks in the field in
order to verify the accuracy of the applicant’s statements and to determine the validity of the attached
documentation.
(5) If an official of the competent organizational unit of the Service, based on an insight into the
documentation attached to the application, is not able to determine with certainty that it is work from
Article 84. Paragraph (1) of the Law, or if operational checks determine that the stay and work of the
19
alien are not in accordance with the purpose stated in the evidence and the application for issuing a
work registration certificate, the applicant shall be verbally informed about the reason for not issuing a
work registration certificate, which is noted down in the case file.
(6) A work registration certificate shall contain: the title of the body issuing the certificate, serial
number of the certificate, information on the surname and name, address of the registered residence,
name and address of the employer, address of the place of work, type of residence, type of work the
alien will carry out, date of issue of the certificate, validity period of the certificate, signature of official
and space for the stamp. The form of the work registration certificate is a constituent part of this Bylaw,
Form number 17.
(7) The alien and the employer shall both receive one copy of the work registration certificate.
Article 36.
(Work registration certificate for key persons)
Attached to the application for issuing a work registration certificate for key persons from Article 84.
Paragraph (1) Item a) of the Law is
a) a copy of the passport,
b) evidence of the type of work the alien will carry out (employment contract or other relevant
document)
c) evidence confirming the status as key person in a legal entity, and if needed evidence of having
exceptional knowledge of a certain field important for the work of the legal entity.
Article 37.
(Work registration certificate for company founders)
Attached to the application for issuing a work registration certificate for company founders seated in
Bosnia and Herzegovina from Article 84. Paragraph (1) Item (b) of the Law is:
a) a copy of the passport,
b) decision on the entry of the legal entity in the court registry,
c) evidence of the type of work the alien will carry out (employment contract or another relevant
document)
d) evidence that the company or enterprise employs a minimum of five citizens of Bosnia and
Herzegovina for every alien, including the company founder,
e) evidence that the employer pays gross salaries for every employee in the amount of at least an
average gross salary in Bosnia and Herzegovina.
f) Evidence of duly paid tax obligations.
Article 38.
(Work registration certificate for university professors and scientist)
Attached to the application for issuing a work registration certificate for university professors and
scientist from Article 84. Paragraph (1) Item (c) of the Law is:
a) a copy of the passport,
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b) Evidence of employment at a university in Bosnia and Herzegovina, i.e. evidence that the
alien is hired for scientific or professional training, or that he is the representative of an
international organisation or a scientist participating in the implementation of a scientific
research project of importance to Bosnia and Herzegovina,
c) Contract or agreement on the cooperation between the competent body or institution in
Bosnia and Herzegovina and the alien, with data on the time period the alien is hired for, the
rights and obligations of the contract parties.
Article 39.
(Work registration certificate for experts, professors and lecturers)
Attached to the application for issuing a work registration certificate for experts, professors and
lecturers from Article 84. Paragraph (1) Item d) of the Law is:
a) a copy of the passport,
b) Evidence that the alien is an expert, professor or lecturer of a foreign cultural or educational
institution,
c) Evidence of the program of a cultural or educational cooperation with evidence that the
alien was hired and for what period of time,
d) Certificate from the educational or cultural institution, legal entity or administrative body
hiring the alien, obligating them to bear accommodation costs, medical costs, ensure support
and cover other costs which may arise due to the stay of an alien in Bosnia and
Herzegovina, as well as costs of surveillance, voluntary departure or forcible removal, as
well as all other costs concerning the departure of the alien from Bosnia and Herzegovina.
Article 40.
(Work registration certificate for civil and military officials)
Attached to the application for issuing a work registration certificate for civil and military officials
from Article 84. Paragraph (1) Item e) of the Law is:
a) a copy of the passport,
b) Evidence that the alien is a civil or military official of the government of another country
coming to Bosnia and Herzegovina to work based on an agreement of cooperation with
bodies of Bosnia and Herzegovina,
c) Evidence of an agreement of cooperation with the bodies of Bosnia and Herzegovina with
evidence showing that the alien is hired and for what period of time,
d) Certificate from bodies in Bosnia and Herzegovina hiring the alien obligating them to bear
accommodation costs, medical costs, ensure support and cover other costs which may arise
due to the stay of an alien in Bosnia and Herzegovina, as well as costs of surveillance,
voluntary departure or forcible removal, as well as all other costs concerning the departure
of the alien from Bosnia and Herzegovina.
21
Article 41.
(Work registration certificate for members of international scientific missions)
Attached to the application for issuing a work registration certificate for members of international
scientific missions from Article 84. Paragraph (1) Item f) of the Law is
a) a copy of the passport,
b) Evidence that the alien is a member of an international scientific mission carrying out
research in Bosnia and Herzegovina approved by the Council of Ministers of Bosnia and
Herzegovina, with evidence showing that the alien is hired and for what period of time,
c) Evidence that the research in Bosnia and Herzegovina is approved by the Council of
Ministers of Bosnia and Herzegovina,
d) Certificate from the competent body in Bosnia and Herzegovina hiring the alien obligating
them to bear accommodation costs, medical costs, ensure support and cover other costs
which may arise due to the stay of an alien in Bosnia and Herzegovina, as well as costs of
surveillance, voluntary departure or forcible removal, as well as all other costs concerning
the departure of the alien from Bosnia and Herzegovina
Article 42.
(Work registration certificate for representatives of religious groups)
Attached to the application for issuing a work registration certificate for representatives of religious
groups from Article 84. Paragraph (1) Item g) of the Law is:
a) a copy of the passport,
b) Certificate from the competent body on the registration of the religious group,
c) Certificate of the religious group on hiring the alien for the realisation of activities connected to
a religious service, indicating the type of work and the period of engagement,
d) Certificate from the religious group obligating it to bear accommodation costs, medical costs,
ensure support and cover other costs which may arise due to the stay of an alien in Bosnia and
Herzegovina, as well as costs of surveillance, voluntary departure or forcible removal, as well
as all other costs concerning the departure of the alien from Bosnia and Herzegovina
Article 43.
(Work registration certificate for foreign correspondents and foreign media reporters)
Attached to the application for issuing a work registration certificate for foreign correspondents and
reporters of foreign media from Article 84. Paragraph (1) Item h) of the Law is:
a) a copy of the passport,
b) Evidence that the alien is a foreign correspondent accredited in Bosnia and Herzegovina or that
s/he is a foreign media reporter,
c) Evidence of engagement in Bosnia and Herzegovina with stated period of engagement.
22
Article 44.
(Work registration certificate for artists, technical personnel, authors and performers)
Attached to the application for issuing a work registration certificate for foreign artists, technical
personnel, authors and performers from Article 84. Paragraph (1) Item i) of the Law is:
a) a copy of the passport,
b) Contract signed with a physical or legal entity at which the alien is hired, which is registered in
Bosnia and Herzegovina to carry out those activities, or for artists hired in show business a
contract with the organizer or mediator registered for that activity, with information on the
period of engagement, the rights and obligations of the contract parties.
Article 45.
(Work registration certificate for aliens carrying out activities for the needs of defence, the legal
system or state security)
Attached to the application for issuing a work registration certificate for aliens carrying out activities
for the needs of defence, the legal system or state security from Article 84. Paragraph (1) Item j) of the
Law is:
a) a copy of the passport,
b) Evidence that a contract was signed with the Council of Ministers of Bosnia and Herzegovina,
or with the Ministry of Defence BIH, the Ministry of Justice BIH or the Ministry,
c) Evidence that the alien is carrying out activities for the needs of defence, the legal system or
state security or that the alien is professionally specializing in these fields indicating the type of
work s/he will perform and the period of engagement
d) Certificate from the competent body on the need to hire an alien in Bosnia and Herzegovina,
obligating the competent body to bear accommodation costs, medical costs, ensure support and
cover other costs which may arise due to the stay of an alien in Bosnia and Herzegovina, as well
as costs of surveillance, voluntary departure or forcible removal, as well as all other costs
concerning the departure of the alien from Bosnia and Herzegovina.
Article 46.
(Work registration certificate for aliens visiting Bosnia and Herzegovina for sports or chess
events)
Attached to the application for issuing a work registration certificate for aliens visiting Bosnia and
Herzegovina for sports or chess events from Article 84. Paragraph (1) Item k) of the Law is:
a) a copy of the passport,
b) Invitation from the organiser of the sports or chess event with the duration of the sports or
chess event indicated,
c) Evidence of the registration of the organiser,
d) Evidence of the solvency of the organiser issued by the competent bank,
e) Evidence of the organiser’s regulated tax obligations
f) Certificate from the organiser of the sports or chess event certified by stamp and signature
of the responsible person obligating the organiser to bear accommodation costs, medical
23
costs, ensure support and cover other costs which may arise due to the stay of an alien in
Bosnia and Herzegovina, as well as costs of surveillance, voluntary departure or forcible
removal, as well as all other costs concerning the departure of the alien from Bosnia and
Herzegovina.
Article 47.
(Work registration certificate for aliens in the field of protection of cultural heritage,
librarianship and archival science)
Attached to the application for issuing a work registration certificate for aliens in the field of protection
of cultural heritage, librarianship and archival science from Article 84. Paragraph (1) Item l) of the Law
is:
a) a copy of the passport,
b) evidence that the alien is hired in the field of protection of cultural heritage, librarianship
and archival science, with indicated type of activities the alien will carry out and the time
period of the engagement,
c) certificate of the competent body or institution in Bosnia and Herzegovina certified by
stamp and signature of the responsible person, obligating it to bear accommodation costs,
medical costs, ensure support and cover other costs which may arise due to the stay of an
alien in Bosnia and Herzegovina, as well as costs of surveillance, voluntary departure or
forcible removal, as well as all other costs concerning the departure of the alien from Bosnia
and Herzegovina.
Article 48.
(Work registration certificate for aliens providing professional training for persons employed at
physical or legal entities seated in Bosnia and Herzegovina)
Attached to the application for issuing a work registration certificate for aliens providing professional
training for persons employed at physical or legal entities seated in Bosnia and Herzegovina from
Article 84. Paragraph (1) Item m) of the Law is:
a) a copy of the passport,
b) evidence proving that the alien is fit to provide professional training for persons employed
at legal or physical entities seated in Bosnia and Herzegovina,
c) evidence issued by the legal or physical entities seated in Bosnia and Herzegovina that the
alien is accepted to perform professional training in Bosnia and Herzegovina, with indicated
information on the time period of engagement, the rights and obligations of the contract
parties.
Article 49.
(Work registration certificate for aliens hired in Bosnia and Herzegovina for expert education
and training)
Attached to the application for issuing a work registration certificate for aliens hired in Bosnia and
Herzegovina for expert education and training from Article 84. Paragraph (1) Item n) of the Law is:
a) a copy of the passport,
24
b) a document proving that the alien is accepted for professional training in Bosnia and
Herzegovina, with indicated information on the time period of professional training, the
rights and obligations of the contract parties.
Article 50.
(Work registration certificate for aliens carrying out activities connected to the delivery,
installation and service of machines or equipment)
Attached to the application for issuing a work registration certificate for aliens carrying out activities
connected to the delivery, installation and service of machines or equipment from Article 84. Paragraph
(1) Item o) of the Law is:
a) a copy of the passport,
b) the contract of agreement of cooperation between the legal entity hiring the alien and the
legal entity instructing the alien to Bosnia and Herzegovina,
c) evidence that the alien is hired on the delivery, installation or service of machines or
equipment with indicated information on the duration of the engagement.
Article 51.
(Work registration certificate for aliens participating in organised professional meetings and
seminars)
Attached to the application for issuing a work registration certificate for aliens participating in
organised professional meetings and seminars from Article 84. Paragraph (1) Item p) of the Law is:
a) a copy of the passport,
b) invitation from the organiser of the professional seminar or meeting held in Bosnia and
Herzegovina,
c) evidence that the alien is hired as lecturer at professional meetings and seminars in Bosnia
and Herzegovina with indicated information on the duration of the engagement,
d) decision on the entry of the legal entity in the court registry, i.e. the registration of the
physical entity,
e) evidence of the solvency of the legal or physical entity, issued by the competent bank,
f) evidence of the regulated tax obligations of the legal or physical entity, where needed,
d) certificate from the organisers of the professional seminar or meeting hiring the alien
certified with stamp and signature of the responsible person which obligates the organiser to
bear accommodation costs, medical costs, ensure support and cover other costs which may
arise due to the stay of an alien in Bosnia and Herzegovina, as well as costs of surveillance,
voluntary departure or forcible removal, as well as all other costs concerning the departure
of the alien from Bosnia and Herzegovina.
Article 52.
(Work registration certificate for aliens participating in fairs or exhibitions)
Attached to the application for issuing a work registration certificate for aliens participating in fairs or
exhibitions from Article 84. Paragraph (1) Item r) of the Law is:
a) a copy of the passport,
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b) invitation of the organisers of the fair or exhibition with indicated duration of
participation of the alien at the fair or exhibition,
c) evidence of the registration of the organiser in Bosnia and Herzegovina,
d) evidence of the solvency of the organiser issued by the competent bank,
e) evidence of regulated tax obligations of the organiser.
Article 53.
(Work registration certificate for aliens employed at circuses or amusement parks)
Attached to the application for issuing a work registration certificate for aliens employed at circuses or
amusement parks from Article 84. Paragraph (1) Item s) of the Law is:
a) a copy of the passport,
b) evidence on the engagement of the alien with indicated information on the duration of the
engagement, and the rights and obligations of the contract parties.
Article 54.
(Work registration certificate for aliens hired on projects relevant to Bosnia and Herzegovina)
Attached to the application for issuing a work registration certificate for aliens hired on projects
relevant to Bosnia and Herzegovina from Article 84. Paragraph (1) Item t) of the Law is:
a) a copy of the passport,
b) evidence of the competent body that the project is of importance for Bosnia and
Herzegovina,
c) evidence that the alien is needed for the realisation of the project,
d) information on the function in the project with indicated information on the duration of the
engagement.
Article 55.
(Work registration certificate for aliens residing in Bosnia and Herzegovina for volunteer work)
Attached to the application for issuing a work registration certificate for aliens residing in Bosnia and
Herzegovina for volunteer work from Article 84. Paragraph (1) Item u) of the Law is:
a) a copy of the passport,
b) permit for the realisation of the project issued by the competent body for humanitarian
organisations in Bosnia and Herzegovina,
c) certificate from the applicant on the engagement of the alien for the realisation of the project,
with indicated type of activities and time during which the alien’s engagement as volunteer is
needed,
d) evidence on having exceptional knowledge in certain fields important for the realisation of the
project,
e) consent from the local and actual competent church/religious group on hiring the alien, in case
of a citizen’s association, agencies of foreign humanitarian non-governmental organisations or
foundations with religious symbols in their title, statute, objectives and program.
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Article 56.
(Work registration certificate for aliens physicians residing in Bosnia and Herzegovina to
perform specialist examinations)
Attached to the application for issuing a work registration certificate for aliens physicians residing in
Bosnia and Herzegovina to perform specialist examinations from Article 84. Paragraph (1) Item v) of
the Law is:
a) a copy of the passport,
b) evidence that the alien was invited by a health institute in Bosnia and Herzegovina,
c) contract/agreement signed between the alien and a health institute in Bosnia and Herzegovina
containing information on the duration of the engagement, and the rights and obligations of the
contract parties,
d) a certificate from the health institute with stamp and signature of the responsible person, which
obligates it to bear accommodation costs, medical costs, ensure support and cover other costs
which may arise due to the stay of an alien in Bosnia and Herzegovina, as well as costs of
surveillance, voluntary departure or forcible removal, as well as all other costs concerning the
departure of the alien from Bosnia and Herzegovina.
CHAPTER VI – GROUNDS FOR TEMPORARY RESIDENCE
Article 57.
(Grounds for granting temporary residence)
Grounds for granting temporary residence in Bosnia and Herzegovina are:
a)
b)
c)
d)
e)
f)
g)
h)
i)
j)
marriage to a citizen of Bosnia and Herzegovina (PB/1),
common law marriage to a citizen of Bosnia and Herzegovina (PB/2),
family reunification (PB/3),
education (PB/4),
work based on issued work permit (PB/5),
work without work permit (PB/6),
medical treatment or rehabilitation (PB/7),
stay in a retirement home (PB/8),
stay for humanitarian reasons (PB/9),
residence based on an international contract with Bosnia and Herzegovina being a contracting
party (PB/10),
k) for other justifiable reasons (PB/11),
l) ownership of immovable property (PB/12).
Article 58.
(Evidence enclosed to the application for granting or extension of temporary residence)
(1) With the application for granting/extension of temporary residence, an alien is obliged to enclose
the following:
a) photo 35 X 45mm,
27
b) a copy of the passport, which is valid at least three months longer than the period the temporary
residence is requested for, with affixed admission stamp, pasted visa for long-term residence
(Visa D) or the sticker of the previously granted temporary residence,
c) certificate of the registration of temporary residence if the application was submitted on the
territory of Bosnia and Herzegovina,
d) evidence on secured means of subsistence,
e) medical certificate issued no later than three months previous to submitting the application,
f) evidence of secured accommodation in Bosnia and Herzegovina,
g) evidence of secured health insurance in Bosnia and Herzegovina,
h) evidence of a non-criminal record and that no criminal proceeding is being conducted against
the alien issued by the competent body of the country where the alien’s usual place of
residence is, issued no later than six months prior to submitting the application,
i) evidence of a non-criminal record and that no criminal proceeding is being conducted issued by
the competent body in Bosnia and Herzegovina, issued no later than six months prior to
submitting the application, if the alien is submitting an application for the extension of
temporary residence.
(2) The photo from Paragraph (1) Item a) of this Article must faithfully picture the applicant for
granting or extension of temporary residence; it must be an en-face photo, with uncovered forehead,
without any headwear, 70-80 % of the height of the photo must show the head of the person from the
chin to the scalp, printed on thin, white, glossy photo-paper. The photo must not be retouched nor made
with photographic equipment.
(3) Notwithstanding Paragraph (2) of this Article, the alien may submit a photo picturing him with a
piece of headwear if the piece is worn for religious or medical reasons, under the condition that the
headwear is not covering the cheeks, the chin and the forehead.
(4) Evidence on secured means of subsistence which provide the alien’s livelihood during his stay in
Bosnia and Herzegovina from Paragraph (1) Item d) of this Article is: a certificate or another document
on the account balance, evidence on the pension amount, evidence on personal income based on
engagement, issued work permit, evidence on the scholarship amount, evidence of possessing
immovable property in Bosnia and Herzegovina based on which means of subsistence can be secured
(tenancy agreement etc.), guarantee from a BIH citizen confirming the support of the alien during his
intended stay in Bosnia and Herzegovina along with evidence of a permanent source of income or other
source of funding or evidence that support of the alien is otherwise secured.
(5) Evidence of secured accommodation from Paragraph (1) Item f) of this Article is: certificate of
proprietary for a living area or a signed lease agreement for a living area, evidence of accommodation
in a dormitory, pupil’s home, retirement homes, health institution, institution specialized in the
accommodation of persons with special needs, health spas, statement of the person where the alien is
accommodated giving consent for the use and accommodation, with evidence of ownership or the right
to use the living area.
(6) Evidence of secured health insurance from Paragraph (1) Item g) of this Article is: a voluntary
health insurance, issued work permit, evidence of accommodation in retirement home, travel health
insurance provided by a competent insurance company, health insurance provided in accordance with
international agreements on social insurance with BIH being one contracting party, along with a
certificate from a foreign or domestic Institute for Health Insurance, health legitimation certified by the
28
competent Health Fund in Bosnia and Herzegovina or other evidence provided by the social insurance
contract.
(7) Evidences from Paragraph (1) Item h) of this Article shall not be submitted for minors to the age of
15.
(8) Evidence from Paragraph (1) Item e) of this Article shall not be submitted for an alien’s newborn
baby born in Bosnia and Herzegovina.
(9) If the alien is submitting an application for the extension of temporary residence in Bosnia and
Herzegovina, s/he shall not be obliged to provide evidence from Paragraph (1) Item e) and h) of this
Article, which is evaluated by the competent organisational unit of the Service for every individual
case.
Article 59.
(Marriage to a BIH citizen - PB/1)
(1) Temporary residence on the basis of marriage to a BiH citizen may be approved to an alien if the
BiH citizen resides in BIH and if the marriage is valid in BiH.
(2) Along with the application for granting or extension of temporary residence, besides the evidence
on fulfilling general conditions for granting temporary residence prescribed by Article 53. of the Law
and Article 58. of this Bylaw, the alien shall submit the following:
a) certificate from the register of marriages issued by the relevant register office in BiH, or an
equivalent document issued by the relevant authority of another country, issued in
international form, which evidently indicates marriage to a BiH citizen, or certified copy of the
marriage certificate with certified translation.
b) a copy of the identity card for the citizen of Bosnia and Herzegovina
c) certificate of citizenship for the BiH citizen
d) statement certified by the municipal administrative authority or notary public by which the BIH
citizens commits to bear the costs of accommodation of the alien in BIH, medical costs, costs of
support and other costs arising during the stay of the alien in BIH, and costs of placing under
surveillance, voluntary departure or forcible removal, as well as all other costs for the departure
of the alien from BIH.
(3) In the procedure for issuing the application from Paragraph (1) of this Article, in order to determine
the existence of a marriage, checks of official records and operational checks in the field shall be
performed, a special investigation procedure shall be conducted if necessary, both spouses shall be
interviewed (individually and/or face to face), and if necessary witnesses shall be interviewed.
(4) A temporary residence permit shall be issued for the period stated in the application, not longer
than one year, provided that the alien’s passport validity period is at least three months longer than the
period of residence in Bosnia and Herzegovina.
(5) Should the marriage to the BIH citizen end, an alien is entitled to an extension of the residence
permit only if meeting the requirements set out in Article 58. of the Law.
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Article 60.
(Common-Law marriage between alien and citizen of Bosnia and Herzegovina- PB/2)
(1) Temporary residence on the basis of a common-law marriage to a BiH citizen may be granted to an
alien if the BiH citizen has permanent residence in Bosnia and Herzegovina.
(2) In addition to the application for approval/extension of temporary residence and evidence of
meeting general requirements for the approval of temporary residence from Article 53. of the Law and
Article 58. of this Bylaw, an alien shall submit the following evidence:
a) evidence of free marital status for both extramarital partners,
b) statement from the extramarital partners on their shared life,
c) evidence that the shared life between the alien and the BIH citizen has existed for at least three
years before the submission of application for temporary residence permit in BiH; this period
may be shorter if the partners parented a child together (evidence of registration of common-law
marriage, registration of temporary or permanent residence, statements of witnesses etc, and
birth certificate for children)
d) copy of identification card for the BiH citizen,
e) certificate of citizenship for BiH citizen,
f) statement verified by municipal administrative authority or notary public, by which the BiH
citizen commits to bear the costs of accommodation, medical costs, to ensure supporting and
bear all other expenses that may arise as a result of the alien’s residence in BiH and the costs of
placing under surveillance, voluntary departure of country or forcible removal, as well as all
other costs that may result from the alien leaving BiH.
(3) For the purpose of establishing the existence of a common-law marriage, in the course of
processing the application, official records shall be checked, operational verifications in the field shall
be performed, a special investigation procedure shall be conducted, both extramarital partners shall be
interviewed (separately and/or face to face), and witnesses shall also be interviewed if necessary.
(4) A Temporary residence permit shall be issued for the time period indicated in the application, up to
a maximum of one year, provided that the alien's passport validity period exceeds the period of
residence in Bosnia and Herzegovina for three months.
(5) Should the common-law marriage with the BIH citizen end, an alien is entitled to extension of his
residence permit only if meeting the requirements set out in Article 58. of the Law.
Article 61
(Family reunification - PB/3)
(1) An alien who is a member of immediate family of a citizen of Bosnia and Herzegovina residing in
Bosnia and Herzegovina or who is a member of immediate family of an alien with granted permanent
residence in Bosnia and Herzegovina or an alien who resides in Bosnia and Herzegovina on the basis of
an approved temporary residence for the duration exceeding 18 months, may be approved temporary
residence for the purpose of family reunification.
30
(2) In addition to the application for the approval or extension of temporary residence permit, and apart
from the evidence of meeting the general requirements for the approval of temporary residence referred
to in Article 53 of the Law and 58 of this Bylaw, an alien shall submit:
a) evidence of being a member of immediate family of Bosnia and Herzegovina citizen residing in
Bosnia and Herzegovina, that is, that he/she is a member of immediate family of an alien with
granted temporary or permanent residence in Bosnia and Herzegovina:
1) for minor children – birth certificate or other evidence attesting family relations, and for
adult dependent children, evidence that the child is being supported (evidence that a
child attends regular education or evidence that the child is unable to perform business
or work related activities, or in case that both parents are the citizens of Bosnia and
Herzegovina residing in Bosnia and Herzegovina, evidence that the adult child is
unmarried, lives in a common household with the parents and has no sources of income
which is proved with a signed and regularly certified declaration, the form of which is
an integral part of this Bylaw, Form number 18,)
2) for dependent parents – evidence of family relations and evidence that the parent is a
dependent (evidence that he/she is not able to work and has no adequate means of
subsistence or that he/she cannot achieve them through his/her property or cannot fulfil
the right of dependency on a marital or common law partner or other person),
3) for an alien spouse who is granted temporary or permanent residence in Bosnia and
Herzegovina – a marriage certificate,
4) for a common-law marriage partner – evidence that the cohabitation has existed for at
least three years prior to the submission of the application for the approval of temporary
residence permit in Bosnia and Herzegovina, or a shorter period if the partners parented
a child during cohabitation (evidence of registration of common-law marriage, evidence
on registration of temporary or permanent residence, witness testimonies and other, and
a birth certificate of a child/children),
b) a certificate of citizenship for a citizen of Bosnia and Herzegovina and a certificate on
registration of permanent residence in Bosnia and Herzegovina for a citizen of Bosnia and
Herzegovina with whom the family reunification is sought,
c) evidence that a citizen of Bosnia and Herzegovina or an alien with a residence permit in Bosnia
and Herzegovina has a steady income source or is in possession of sufficient means for selfsupport and support of the members of immediate family (evidence of employment and
monthly income, bank statement, evidence that he/she owns immovable property in Bosnia and
Herzegovina on the basis of which he/she can provide means for support, and other),
d) a statement certified by a municipal administrative authority or a notary, by which the citizen of
Bosnia and Herzegovina or an alien with a residence permit in Bosnia and Herzegovina obliges
oneself to defray the costs of accommodation, medical costs, ensure the support and defray all
the other costs which may incur as a result of the alien’s stay in Bosnia and Herzegovina, as
well as the cost of placing under supervision, voluntary leave of the country or forced removal,
and all other costs that result from an alien leaving Bosnia and Herzegovina.
(3) In addition to the requirements stipulated in this Article, an alien with temporary or permanent
residence permit in Bosnia and Herzegovina, with whom family reunification is sought, shall have
confirmed adequate accommodation in Bosnia and Herzegovina.
31
(4) A dependent adult child referred to in paragraph (2), item a), indent 1) of this Article is an adult
child up to 26 years of age. Exceptionally, a dependent adult child older than 26 years of age may fulfil
the right of residence on the basis of family reunification only if he/she is procedurally incapable or if,
due to illness, physical or psychological conditions, he/she is unable to work, and has no adequate
means of subsistence or that he/she cannot achieve them through his/her property, which is proved with
relevant documentation, or in case that both parents are the citizens of Bosnia and Herzegovina residing
in Bosnia and Herzegovina, and that the adult child is unmarried, lives in a common household with the
parents and has no sources of income, which is proved with a signed and regularly certified declaration
and, if necessary, other evidence.
(5) During the procedural processing of the application referred to in paragraph (1) of this Article, the
competent organizational unit of the Service conducts checks of the residence permit of an alien with
whom a family reunification is sought by accessing the Central database for aliens.
(6) Temporary residence permit on the basis of family reunification with a citizen of Bosnia and
Herzegovina or an alien with granted permanent residence in Bosnia and Herzegovina, shall be issued
for a period of up to one year, and with regard to an alien who is granted temporary residence in Bosnia
and Herzegovina, the permit shall be issued for the same period of stay as that of the alien with whom
family reunification is sought, provided that the validity of the alien’s passport exceeds the period of
temporary stay in Bosnia and Herzegovina by three months.
(7) Notwithstanding paragraph (1) of this Article, a child of an alien who is residing on the basis of a
temporary residence permit in Bosnia and Herzegovina for the duration shorter than 18 months may be
granted a temporary residence permit for the purpose of family reunification pursuant to Article 139,
paragraph (2) of the Law, only if both parents have a residence permit in Bosnia and Herzegovina or a
child is reunited with one parent who was granted custody after a divorce, the death of the other parent
or if the data on a father was not recorded.
(8) Exceptionally, a spouse of an alien residing in Bosnia and Herzegovina on the basis of a temporary
residence permit for the duration shorter than 18 months, with the aim of protecting a family in the
sense of Article 5, item (t) of the Law, may be granted an extension of stay for the purpose of family
reunification.
Article 62
(Child of an alien with a residence permit)
(1) A child parented by aliens with residence permits in Bosnia and Herzegovina acquires the right of
residence in Bosnia and Herzegovina for the same period of time as its parents’ period of residence in
Bosnia and Herzegovina. If one of the parents is granted temporary residence in Bosnia and
Herzegovina, the permit shall be issued for the period of validity of the parent’s temporary residence
permit.
(2) Parents shall submit an application for a residence permit for a new-born child, within 30 days from
the day of the child’s birth, to the competent organizational unit of the Service or through the DCR
BiH.
32
(3) In addition to the application for a temporary residence permit, the following evidence shall be
submitted:
a) a child’s birth certificate,
b) a certified copy of a child’s passport or a travel document of the parent in which the child is
registered.
(4) An application for a residence permit for a minor child is submitted with the consent of both
parents, which is given by signing of the application, with previously confirmed identity of both
parents, and in case one of the parents is absent, consent may be given through a written statement.
(5) If the procedure of issuing a passport is not completed within 30 days of the child’s birth, the
evidence of passport application is submitted, and the procedure is terminated by conclusion until the
previous matter is resolved.
Article 63
(Education - PB/4)
(1) Temporary residence permit may be issued to an alien for the purpose of receiving primary,
secondary or higher education, as well as education on the level of learning a foreign language at the
institutions authorised to pursue such an activity in Bosnia and Herzegovina for the purpose of
preparation for enrolment in full time education, as well as for the purpose of professional
specialisations, and professional training after acquiring a higher education diploma, with the aim of
taking a state licence exam.
(2) In addition to the application for the approval or extension of temporary residence, and the evidence
of meeting the general requirements for the approval of temporary residence referred to in Article 53 of
the Law and Article 58 of this Bylaw, an alien shall submit:
a) a certificate of enrolment into an educational institution for the current school/academic year,
and in addition to the application for the extension of temporary residence, also a certificate of
successfully passed examinations for the previous school year,
b) evidence on payment of tuition fees or other costs related to the educational or some other
institution in Bosnia and Herzegovina,
c) evidence on secured means to support oneself during the school or academic year in the amount
of 800,00 KM per month or a guarantee of a citizen of Bosnia and Herzegovina, of an alien with
a temporary or permanent residence permit in Bosnia and Herzegovina, which proves the
support for the duration of intended stay with evidence on a steady income source or other
sources of financing.
(3) If the application for the approval/extension of temporary residence permit on the basis of education
relates to a minor alien, the application shall be submitted by one of the parents or a legal guardian of a
minor alien.
(4) In addition to evidence set out in paragraph (2) of this Article, in order to grant a temporary
residence permit to a minor on this basis, a written consent of both parents or a legal guardian shall be
submitted, stating that the minor is to receive education in Bosnia and Herzegovina and the consent of
both parents or a legal guardian for a minor alien to be placed in boarding school or in the home of a
citizen of Bosnia and Herzegovina or in the home of an alien with a permanent residence permit in
33
Bosnia and Herzegovina, who will defray the costs of accommodation, medical costs, costs of
supporting and all other costs that may incur from the alien’s stay in Bosnia and Herzegovina, as well
as all costs resulting from the alien leaving Bosnia and Herzegovina.
(5) Temporary residence shall be granted for the period of one school or academic year, up to a
maximum of one year, provided that the validity of the alien’s passport exceeds the period of
temporary stay by three months.
(6) Temporary residence permit on this basis may be extended up to a maximum of two years
following the elapse of the period stipulated for full time education, and upon submission of evidence
on registration for the year of study.
(7) Temporary residence permit on this basis may be issued to an alien arriving for the purpose of
professional specialization in Bosnia and Herzegovina, if that specialization does not exceed the period
of three months in total.
(8) In addition to the application for the approval or extension of temporary residence permit, and apart
from the evidence of meeting the general requirements for the approval of temporary residence referred
to in Article 53 of the Law and 58 of this Bylaw, an alien shall submit:
a) a document indicating that the alien is sent to Bosnia and Herzegovina to receive professional
specialization,
b) a document indicating that the alien is accepted for professional specialization in Bosnia and
Herzegovina,
c) evidence of payment of costs for the purpose of professional specialization.
(9) Temporary residence permit on this basis may be granted to an alien arriving for the purpose of
professional training after acquiring a higher education diploma in Bosnia and Herzegovina, with the
aim of taking a state licence exam, if that professional training does not exceed the period of six
months per year in total.
(10) In addition to the application for the approval of temporary residence permit referred from
paragraph (9) of this Article, and apart from the evidence of meeting the general requirements for the
approval of temporary residence referred to in Article 53 of the Law and 49 of this Bylaw, an alien
shall submit a document which proves that the alien attends professional training in an authorized
institution in Bosnia and Herzegovina, with a note of the period of training duration and jobs which the
alien performs.
Article 64
(Employment on the basis of a work permit - PB/5)
(1) A work permit is a permit issued for remunerated work of an alien on a specific job or for the
specific type of jobs, in a specific time period, and up to a maximum of one year, which is issued, at the
request of an employer (legal or natural person intending to employ an alien) by the authority
competent for employment affairs in Bosnia and Herzegovina.
(2) An alien entering Bosnia and Herzegovina on no-visa regime, and intends to submit an application
for temporary residence permit in Bosnia and Herzegovina on the basis of an issued work permit shall
34
hold a work permit at the time of entry into Bosnia and Herzegovina, that is, that the work permit shall
be issued prior to the date on which the alien entered Bosnia and Herzegovina, that is, the date of the
entry stamp entered in the passport of the alien.
(3) An alien intending to enter Bosnia and Herzegovina holding a visa for long-term stay (Visa D) shall
obtain a work permit prior to submitting of visa application.
(4) In addition to the application for the approval or extension of temporary residence permit on this
basis, and apart from the evidence of meeting the general requirements for approval of temporary
residence referred to in Article 53 of the Law and 58 of this Bylaw, an alien shall submit:
a) the work permit issued by the competent employment agency in Bosnia and Herzegovina,
b) a certificate or a statement of the competent tax office on regulated tax obligations in Bosnia
and Herzegovina, and when necessary, a certificate from the Indirect Taxation Authority on
settled obligations regarding indirect taxes, no older than 30 days or a contract or an agreement
with the tax office or the indirect tax authority on the payment of unsettled obligations in
instalments.
(5) In addition to the application for the extension of temporary residence permit on this basis, an alien
shall submit a certificate from the competent employment agency on a submitted application for the
extension of a work permit.
(6) Following the issuance of a temporary residence permit on this basis, an employer and the alien
conclude an employment contract or other adequate form of contract, which the employer is obliged to
submit to the Service, no later than three days from the day of the receipt of decision on an approved
temporary residence.
(7) The alien may work in Bosnia and Herzegovina only at the job or at the type of jobs for which the
work permit was issued, that is, the alien may only work for the employer with whom he/she concluded
the employment contract on the basis of a work permit.
(8) Temporary residence permit is issued for the period which exceeds the period of the work permit
validity by 15 days and up to a maximum of one year, provided that the validity of the alien’s passport
exceeds the period of temporary stay by three months.
Article 65
(Employment without a work permit - PB/6)
(1) Categories of aliens referred to in Article 84, paragraph (1) of the Law may submit an application
for the approval or extension of temporary residence permit on the basis of employment without a work
permit.
(2) During the procedural processing of the application referred to in paragraph (1) of this Article, the
competent organizational unit of the Service conducts checks of the basis for the application, including
checks of the facts which the alien uses as evidence of belonging to one of the categories referred to in
Article 84, paragraph (1) of the Law, as well as checks of operative and official records, on which a
note is made in the file of this subject matter.
35
(3) Approval or extension of temporary residence permit is issued for the time period stipulated for
each category of aliens referred to in Article 84, paragraph (1) of the Law or for the time period
indicated in the application, and up to a maximum of one year, provided that the validity of the alien’s
passport exceeds the period of temporary stay by three months.
(4) Following the issuance of a temporary residence permit on the basis of employment without a work
permit, the employer and the alien conclude an employment contract or other adequate form of
contract, which the employer is obliged to submit to the Service, no later than three days from the day
of the receipt of decision on an approved temporary residence.
(5) The alien may work in Bosnia and Herzegovina only at the job or at the type of jobs for which the
residence on the basis of employment without a work permit was issued, that is, the alien may only
work for the employer with whom he/she concluded the employment contract on the basis of
employment without a work permit.
Article 66
(Employment without a work permit of key persons - PB/6-1)
(1) Key persons referred to in Article 84, paragraph (1), item a) of the Law, in addition to the
application for the approval or extension of temporary residence permit, and apart from the evidence of
meeting the general requirements for the approval of temporary residence referred to in Article 53 of
the Law and 58 of this Bylaw, shall submit:
a)
b)
c)
d)
evidence on type of job which the alien shall perform,
evidence on registration of foreign investment issued by the competent authority,
a document certifying the key person status (employment contract or other),
the decision on the registration of the legal person into the court registry or the decision by the
competent authority allowing the natural person to pursue a given business activity,
e) evidence on business solvency of the company issued by the competent bank,
f) evidence from the competent tax office on regulated tax obligations in Bosnia and Herzegovina,
and when necessary, a certificate from the Indirect Taxation Authority on settled obligations
regarding indirect taxes, not older than 30 days,
g) a certificate on the need to engage the alien in Bosnia and Herzegovina issued by the employer,
certified with the stamp and the signature of the responsible person, stating the time period
during which it is necessary to engage an alien, which obliges the employer to defray the costs
of accommodation, medical costs, ensure the support and defray all the other costs which may
incur as a result of the alien’s stay in Bosnia and Herzegovina, as well as the cost of placing
under supervision, voluntary leave of the country or forced removal, and all other costs that
result from an alien leaving Bosnia and Herzegovina.
(2) The alien referred to in paragraph (1) of this Article may be granted temporary residence on the
basis of employment without a work permit if that employment lasts no longer than three months a year
in total, provided that the validity of the alien’s passport exceeds the period of temporary stay by three
months.
36
Article 67
(Employment without a work permit of private entrepreneurs - PB/6-2)
(1) Founders of business entities with a head office in Bosnia and Herzegovina referred to in Article 84,
paragraph (1), item b) of the Law, in addition to the application for the approval or extension of
temporary residence permit, and apart from the evidence of meeting the general requirements for the
approval of temporary residence referred to in Article 53 of the Law and 58 of this Bylaw, shall submit:
a) evidence on the type of job which the alien shall perform,
b) evidence on registration of a foreign investment by the competent authority,
c) the decision on registration of the legal person into the court registry or the decision by the
competent authority allowing the natural person to pursue a given business activity,
d) evidence on business solvency of the company issued by the competent bank,
e) evidence from the competent tax office on regulated tax obligations in Bosnia and Herzegovina,
and when necessary, a certificate from the Indirect Taxation Authority on settled obligations
regarding indirect taxes, not older than 30 days,
f) evidence that the business entity, that is, the company employs at least five citizens of Bosnia
and Herzegovina per each alien, including the founders,
g) evidence that the payment of gross salary per employee is at least in the amount of the average
gross pay in Bosnia and Herzegovina.
Article 68
(Employment without a work permit of university professors and scientists - PB/6-3)
(1) University professors and scientists referred to in Article 84, paragraph (1), item c) of the Law, in
addition to the application for the approval or extension of temporary residence permit, and apart from
the evidence of meeting the general requirements for the approval of temporary residence referred to in
Article 53 of the Law and 58 of this Bylaw, shall submit:
a) evidence on engagement at the university in Bosnia and Herzegovina, that is, evidence that the
alien is engaged in scientific or expert training, or that he/she is a representative of an
international organization or a scientist who participates in the implementation of a scientificresearch project relevant for Bosnia and Herzegovina,
b) cooperation contract or agreement concluded between the competent authority or an institution
in Bosnia and Herzegovina and the alien stating the information on the time period of the
alien’s engagement, rights and obligations of contractual parties
c) a certificate from an educational institution, legal person or administrative body which engages
the alien, which obliges it to defray the costs of accommodation, medical costs, ensure the
support and defray all the other costs which may incur as a result of the alien’s stay in Bosnia
and Herzegovina, as well as the cost of placing under supervision, voluntary leave of the
country or forced removal, and all other costs that result from an alien leaving Bosnia and
Herzegovina.
37
Article 69
(Employment without a work permit of experts, teachers and lecturers - PB/6-4)
(1) Experts, teachers and lecturers referred to in Article 84, paragraph (1), item d) of the Law, in
addition to the application for the approval or extension of temporary residence permit, and apart from
the evidence of meeting the general requirements for the approval of temporary residence referred to in
Article 53 of the Law and 58 of this Bylaw, shall submit:
a) evidence that the alien is an expert, teacher or lecturer at a foreign cultural or educational
institution,
b) evidence on the existence of cultural and educational cooperation programme with evidence on
the engagement of the alien and the time period of engagement,
c) a certificate from the educational or cultural institution, legal person or administrative body
which engages the alien, which obliges it to defray the costs of accommodation, medical costs,
ensure the support and defray all the other costs which may incur as a result of the alien’s stay
in Bosnia and Herzegovina, as well as the cost of placing under supervision, voluntary leave of
the country or forced removal, and all other costs that result from an alien leaving Bosnia and
Herzegovina.
Article 70
(Employment without a work permit of civil and military officials - PB/6-5)
(1) Civil and military officials referred to in Article 84, paragraph (1), item e) of the Law, in addition to
the application for the approval or extension of temporary residence permit, and apart from the
evidence of meeting the general requirements for the approval of temporary residence referred to in
Article 53 of the Law and 58 of this Bylaw, shall submit:
a) evidence that the alien is a civil or military official of other counties’ government who enters
Bosnia and Herzegovina to work on the basis of a cooperation agreement with the authorities of
Bosnia and Herzegovina,
b) evidence on the existence of a cooperation agreement with the authorities of Bosnia and
Herzegovina with the evidence on the engagement of an alien and the time period of the
engagement,
c) certificate from an authority in Bosnia and Herzegovina which engages the alien, which obliges
it to defray the costs of accommodation, medical costs, ensure the support and defray all the
other costs which may incur as a result of the alien’s stay in Bosnia and Herzegovina, as well as
the cost of placing under supervision, voluntary leave of the country or forced removal, and all
other costs that result from an alien leaving Bosnia and Herzegovina.
Article 71
(Employment without a work permit of international scientific missions - PB/6-6)
(1) Members of international scientific missions referred to in Article 84, paragraph (1), item f) of the
Law, in addition to the application for the approval or extension of temporary residence permit, and
apart from the evidence of meeting the general requirements for the approval of temporary residence
referred to in Article 53 of the Law and 58 of this Bylaw, shall submit:
38
a) evidence that the alien is a member of an international scientific mission which conducts
research in Bosnia and Herzegovina approved by the Council of Ministers of Bosnia and
Herzegovina with the evidence of the engagement of an alien and the time period of the
engagement,
b) evidence that the research in Bosnia and Herzegovina was approved by the Council of Ministers
of Bosnia and Herzegovina,
c) a certificate from a competent body in Bosnia and Herzegovina which engages the alien, which
obliges it to defray the costs of accommodation, medical costs, ensure the support and defray all
the other costs which may incur as a result of the alien’s stay in Bosnia and Herzegovina, as
well as the cost of placing under supervision, voluntary leave of the country or forced removal,
and all other costs that result from an alien leaving Bosnia and Herzegovina.
Article 72
(Employment without a work permit of representatives of religious communities - PB/6-7)
(1) Representatives of religious communities and aliens engaged in religious communities referred to in
Article 84, paragraph (1), item g) of the Law, in addition to the application for the approval or
extension of temporary residence permit, and apart from the evidence of meeting the general
requirements for the approval of temporary residence referred to in Article 53 of the Law and 58 of this
Bylaw, shall submit:
a) a certificate from the competent body on the registration of a religious community,
b) a certificate from a religious community on the engagement of the alien for the realization of
businesses related to religious service, with a note on the type of business and the time period of
the engagement,
d) a certificate of the religious community, which obliges it to defray the costs of accommodation,
medical costs, ensure the support and defray all the other costs which may incur as a result of
the alien’s stay in Bosnia and Herzegovina, as well as the cost of placing under supervision,
voluntary leave of the country or forced removal, and all other costs that result from an alien
leaving Bosnia and Herzegovina.
Article 73
(Employment without a work permit of foreign correspondents and reporters - PB/6-8)
(1) Foreign correspondents accredited in Bosnia and Herzegovina and reporters for foreign media
referred to in Article 84, paragraph (1), item h) of the Law, in addition to the application for the
approval or extension of temporary residence permit, and apart from the evidence of meeting the
general requirements for the approval of temporary residence referred to in Article 53 of the Law and
58 of this Bylaw, shall submit:
a) evidence that the alien is a foreign correspondent accredited in Bosnia and Herzegovina or that
he/she is a reporter for foreign media,
b) evidence on the engagement in Bosnia and Herzegovina and the time period of the engagement.
39
Article 74
(Employment without a work permit of artists, technical staff, authors and performers - PB/6-9)
(1) Artists and technical staff, authors and performers referred to in Article 84, paragraph (1), item i) of
the Law, in addition to the application for the approval or extension of temporary residence permit, and
apart from the evidence of meeting the general requirements for the approval of temporary residence
referred to in Article 53 of the Law and 58 of this Bylaw, shall submit:
a) a contract concluded with a natural or legal person that engages the alien, which is registered in
Bosnia and Herzegovina for the performance of this activity or for artists engaged on the
estrade, a contract with the organizer or mediator registered for this activity,
b) information on the time period of the engagement, and rights and obligations of contractual
parties.
(2) The alien referred to in paragraph (1) of this Article may be granted temporary residence on the
basis of employment without a work permit if they do not reside in Bosnia and Herzegovina longer
than 30 uninterrupted days or longer than three months per year with interruptions in total, provided
that the validity of the alien’s passport exceeds the period of temporary stay by three months.
Article 75
(Employment without a work permit for the needs of defence, legal system or state security PB/6-10)
(1) Aliens who perform businesses related to the needs of defence, legal system or state security
referred to in Article 84, paragraph (1), item j) of the Law, in addition to the application for the
approval or extension of temporary residence permit, and apart from the evidence of meeting the
general requirements for the approval of temporary residence referred to in Article 53 of the Law and
58 of this Bylaw, shall submit:
a) evidence of a concluded contract with the Council of Ministers of Bosnia and Herzegovina, or
with the Ministry of Defence of BiH or the Ministry of Justice of BiH, or the Ministry,
b) evidence that the alien performs businesses for the needs of defence, legal system or state
security or attends specialized courses in the mentioned fields with a note on the type of
business which he/she will perform and the time period of the engagement,
e) a certificate from the competent authority on the need for engaging the alien in Bosnia and
Herzegovina, which obliges it to defray the costs of accommodation, medical costs, ensure the
support and defray all the other costs which may incur as a result of the alien’s stay in Bosnia
and Herzegovina, as well as the cost of placing under supervision, voluntary leave of the
country or forced removal, and all other costs that result from an alien leaving Bosnia and
Herzegovina.
Article 76
(Aliens visiting Bosnia and Herzegovina in order to participate in sports and chess events - PB/611)
(1) Aliens visiting Bosnia and Herzegovina in order to participate in sports and chess events referred to
in Article 84, paragraph (1), item k) of the Law, in addition to the application for the approval or
extension of temporary residence permit, and apart from the evidence of meeting the general
40
requirements for the approval of temporary residence referred to in Article 53 of the Law and 58 of this
Bylaw, shall submit:
a) an invitation from the organiser of a sports or chess event with noted duration of the sports or
chess event,
b) evidence on registration of the organiser,
c) evidence on business solvency of the organiser, issued by the competent bank,
d) evidence on regulated tax obligations of the organizer,
f) a certificate issued by the sports or chess event organiser and verified by the stamp and
signature of a responsible person, which obliges it to defray the costs of accommodation,
medical costs, ensure the support and defray all the other costs which may incur as a result of
the alien’s stay in Bosnia and Herzegovina, as well as the cost of placing under supervision,
voluntary leave of the country or forced removal, and all other costs that result from an alien
leaving Bosnia and Herzegovina.
Article 77
(Employment without a work permit in the field of protection of cultural heritage, library science
and archivist science - PB/6-12)
(1) Aliens performing businesses in the field of protection of cultural heritage, library science and
archivist science referred to in Article 84, paragraph (1), item l) of the Law, in addition to the
application for the approval or extension of temporary residence permit, and apart from the evidence of
meeting the general requirements for the approval of temporary residence referred to in Article 53 of
the Law and 58 of this Bylaw, shall submit:
e) evidence that the alien is engaged in the field of protection of cultural heritage, library science
and archivist science, with a note on the type of business and the time period of the
engagement,
a) a certificate from the competent authority or institution in Bosnia and Herzegovina verified by
the stamp and signature of a responsible person, which obliges it to defray the costs of
accommodation, medical costs, ensure the support and defray all the other costs which may
incur as a result of the alien’s stay in Bosnia and Herzegovina, as well as the cost of placing
under supervision, voluntary leave of the country or forced removal, and all other costs that
result from an alien leaving Bosnia and Herzegovina.
Article 78
(Employment without a work permit for the purpose of education and training of persons
employed at natural or legal persons seated in Bosnia and Herzegovina - PB/6-13)
(1) Aliens sent by an international employer, providing education and training for persons employed at
the natural and legal person with a seat in Bosnia and Herzegovina, referred to in Article 84, paragraph
(1), item m) of the Law, in addition to the application for the approval or extension of temporary
residence permit, and apart from the evidence of meeting the general requirements for the approval of
temporary residence referred to in Article 53 of the Law and 58 of this Bylaw, shall submit:
a) evidence that the alien is sent to provide professional training of persons employed at
the natural and legal person with a seat in Bosnia and Herzegovina,
41
b) evidence issued by the legal or natural person in Bosnia and Herzegovina that the alien
is accepted to provide professional training in Bosnia and Herzegovina, with a note on
the time period of the alien’s engagement, and rights and obligations of contractual
parties
c) a decision on registration of the legal person into the court registry or the decision on
registration of a natural person to whom the aliens arrives,
d) evidence on solvency of the legal or natural person issued by the competent bank,
e) evidence on regulated tax obligations of the legal or natural person in Bosnia and
Herzegovina,
f) a certificate from the legal or natural person to whom the alien arrives, verified by the
stamp and signature of a responsible person, which obliges them to defray the costs of
accommodation, medical costs, ensure the support and defray all the other costs which
may incur as a result of the alien’s stay in Bosnia and Herzegovina, as well as the cost of
placing under supervision, voluntary leave of the country or forced removal, and all
other costs that result from an alien leaving Bosnia and Herzegovina.
Article 79
(Employment without a work permit of aliens engaged in Bosnia and Herzegovina for the
purpose of expert education or training - PB/6-14)
(1) Aliens engaged in Bosnia and Herzegovina for the purpose of expert education or training, referred
to in Article 84, paragraph (1), item n) of the Law, in addition to the application for the approval or
extension of temporary residence permit, and apart from the evidence of meeting the general
requirements for the approval of temporary residence referred to in Article 53 of the Law and 58 of this
Bylaw, shall submit a document attesting that the alien is accepted for expert education or training in
Bosnia and Herzegovina, with a note of the time period of the alien’s engagement, and rights and
obligations of contractual parties.
(2) The alien referred to in paragraph (1) of this Article may be granted temporary residence on the
basis of employment without a work permit if such employment is no longer than 30 uninterrupted
days or longer than three months per year with interruptions in total, provided that the validity of the
alien’s passport exceeds the period of temporary stay by three months.
Article 80
(Employment without a work permit of aliens performing delivery works, as well as installation
and servicing of machinery and equipment - PB/6-15)
(1) Aliens engaged in Bosnia and Herzegovina for the purpose of aliens performing delivery works,
installation and servicing of machinery or equipment, referred to in Article 84, paragraph (1), item o) of
the Law, in addition to the application for the approval or extension of temporary residence permit, and
apart from the evidence of meeting the general requirements for the approval of temporary residence
referred to in Article 53 of the Law and 58 of this Bylaw, shall submit:
a) a cooperation contract or agreement concluded between a legal person who engages the
alien and a legal person who sends an alien to Bosnia and Herzegovina,
b) evidence that the alien is engaged in delivery, installation or servicing of machinery or
equipment with a note on the time period of the engagement.
42
(2) The alien referred to in paragraph (1) of this Article may be granted temporary residence on the
basis of employment without a work permit if such work employment is no longer than 30
uninterrupted days or longer than three months per year with interruptions in total, provided that the
validity of the alien’s passport exceeds the period of temporary stay by three months.
Article 81
(Employment without a work permit of aliens participating at organized professional conferences
and seminars - PB/6-16)
(1) Aliens participating in organized professional conferences and seminars, referred to in Article 84,
paragraph (1), item p) of the Law, in addition to the application for the approval or extension of
temporary residence permit, and apart from the evidence of meeting the general requirements for the
approval of temporary residence referred to in Article 53 of the Law and 58 of this Bylaw, shall submit:
a) an invitation from the organiser of a professional seminar or conference taking place in
Bosnia and Herzegovina and directed to the alien for the purpose of his/her arrival to Bosnia
and Herzegovina,
b) evidence that the alien is engaged as a lecturer at professional conferences or seminars in
Bosnia and Herzegovina with a note on the time period of the engagement,
c) the decision on registration of the legal person into the court registry or the decision on
registration of the natural person,
d) evidence of solvency of the legal or natural person issued by the competent bank,
e) evidence on regulated tax obligations of the legal or natural person, when necessary,
f) a certificate from the organizer of a professional seminar or conference who engages an
alien, verified by the stamp and signature of a responsible person, which obliges it to defray
the costs of accommodation, medical costs, ensure the support and defray all the other costs
which may incur as a result of the alien’s stay in Bosnia and Herzegovina, as well as the
cost of placing under supervision, voluntary leave of the country or forced removal, and all
other costs that result from an alien leaving Bosnia and Herzegovina.
Article 82
(Employment without a work permit for the purpose of participating in fairs or exhibits - PB/617)
(1) Aliens participating in fairs or exhibits referred to in Article 84, paragraph (1), item r) of the Law,
in addition to the application for the approval or extension of temporary residence permit, and apart
from the evidence of meeting the general requirements for the approval of temporary residence referred
to in Article 53 of the Law and 58 of this Bylaw, shall submit:
a) an invitation from the organiser of a fair or exhibition with a note on the time of the alien’s
participation at the fair or exhibition events,
b) evidence on the registration of the organizer in Bosnia and Herzegovina,
c) evidence of solvency of the organizer issued by the competent bank,
d) evidence on regulated tax obligations of the organizer.
43
Article 83
(Employment without a work permit of aliens employed in circuses or amusement parks PB/618)
(1) Aliens employed in circuses or amusement parks, referred to in Article 84, paragraph (1), item s) of
the Law, in addition to the application for the approval or extension of temporary residence permit, and
apart from the evidence of meeting the general requirements for the approval of temporary residence
referred to in Article 53 of the Law and 58 of this Bylaw, shall submit evidence on the engagement of
the alien with a note on the time period of the engagement, and rights and obligations of contractual
parties.
(2) Aliens referred to in paragraph (1) of this Article may be granted temporary residence on the basis
of employment without a work permit if they do not reside in Bosnia and Herzegovina longer than
three months per year, provided that the validity of the alien’s passport exceeds the period of temporary
stay by three months..
Article 84
(Employment without a work permit on projects relevant for Bosnia and Herzegovina - PB/6-19)
(1) Aliens engaged on projects relevant for Bosnia and Herzegovina, referred to in Article 84,
paragraph (1), item t) of the Law, in addition to the application for the approval or extension of
temporary residence permit, and apart from the evidence of meeting the general requirements for the
approval of temporary residence referred to in Article 53 of the Law and 58 of this Bylaw, shall submit:
a)
b)
c)
d)
evidence from the competent body that the project is of relevance for Bosnia and Herzegovina,
evidence on the need for the alien for the realization of the project,
data on the function in the project and time period of the engagement,
a certificate from the authority or legal person engaging the alien, which obliges it to defray the
costs of accommodation, medical costs, ensure the support and defray all the other costs which
may incur as a result of the alien’s stay in Bosnia and Herzegovina, as well as the cost of
placing under supervision, voluntary leave of the country or forced removal, and all other costs
that result from an alien leaving Bosnia and Herzegovina.
Article 85
(Employment without a work permit of volunteers - PB/6-20)
(1) Aliens residing in Bosnia and Herzegovina for the purpose of volunteer work, referred to in Article
84, paragraph (1), item u) of the Law, in addition to the application for the approval or extension of
temporary residence permit, and apart from the evidence of meeting the general requirements for the
approval of temporary residence referred to in Article 53 of the Law and 58 of this Bylaw, shall submit:
a) evidence on registration of the humanitarian organization, citizens’ associations or foundation,
b) the project of the humanitarian organization, citizens’ association or foundation for the
realization of which the alien is engaged, and the permit for the realization of the project issued
by the competent authority for humanitarian organizations in Bosnia and Herzegovina, should
such permit be required,
c) evidence of solvency of the humanitarian organization, citizens’ association or foundation
issued by the competent bank,
44
d) confirmation from the project leader on the engagement of the alien for the realization of the
project, stating the type of jobs and the time period of the alien’s engagement in the voluntary
work,
e) a certificate from the humanitarian organization, citizens’ association or foundation, with the
stamp and the signature of the responsible person, which obliges them to defray the costs of
accommodation, medical costs, ensure the support and defray all the other costs which may
incur as a result of the alien’s stay in Bosnia and Herzegovina, as well as the cost of placing
under supervision, voluntary leave of the country or forced removal, and all other costs that
result from an alien leaving Bosnia and Herzegovina.
f) obtained consent on the engagement of the alien issued by the municipal and competent
church/religious community in case of the citizen’s association, representations of foreign
humanitarian non-governmental organizations or foundations which have religious
characteristics in their name, statute, aims and programme.
Article 86
(Employment without a work permit of alien doctors residing in Bosnia and Herzegovina for the
purpose of performing specialized check-ups - PB/6-21)
(1) Aliens residing in Bosnia and Herzegovina for the purpose of performing specialized check-ups and
other medical services, referred to in Article 84, paragraph (1), item v) of the Law, in addition to the
application for the approval or extension of temporary residence permit, and apart from the evidence of
meeting the general requirements for the approval of temporary residence referred to in Article 53 of
the Law and 58 of this Bylaw, shall submit:
a) evidence that a health institution in Bosnia and Herzegovina invited the alien,
b) contract/agreement concluded between the alien and the health institution in Bosnia and
Herzegovina which contains the information on the time period of the alien’s engagement,
rights and obligations of contractual parties,
c) a certificate from the health institution, with the stamp and the signature of the responsible
person, which obliges it to defray the costs of accommodation, medical costs, ensure the
support and defray all the other costs which may incur as a result of the alien’s stay in Bosnia
and Herzegovina, as well as the cost of placing under supervision, voluntary leave of the
country or forced removal, and all other costs that result from an alien leaving Bosnia and
Herzegovina.
(2) The alien referred to in paragraph (1) of this Article may be granted temporary residence on the
basis of employment without a work permit if such employment is no longer than three months per
year, provided that the validity of the alien’s passport exceeds the period of temporary stay by three
months.
Article 87
(Treatment or rehabilitation - PB/7)
(1) Temporary residence permit may be granted to an alien for the purpose of his/her medical treatment
in health institutions, therapy communes or communities, spa facilities and similar, which are
registered in Bosnia and Herzegovina for the performance of such activities.
45
(2) In addition to the application for the approval or extension of temporary residence permit, and apart
from the evidence of meeting the general requirements for the approval of temporary residence referred
to in Article 53 of the Law and 58 of this Bylaw, an alien shall submit:
a) evidence form the health institution, therapy commune or community, that is, a spa facility or
similar in Bosnia and Herzegovina that the alien will be ensured treatment or rehabilitation,
with a note on the time period of the treatment or rehabilitation,
b) evidence on advance payment made of at least 50% of the costs of treatment or rehabilitation.
(3) Temporary residence is granted for the duration of the medical treatment or rehabilitation, for the
maximum of up to one year, provided that the validity of the alien’s passport exceeds the period of
temporary stay by three months.
Article 88
(Stay in a retirement home - PB/8)
(1) Temporary residence may be granted to an alien for the purpose of stay in a retirement home or a
similar institution which is registered in Bosnia and Herzegovina for the performance of such activity.
(2) In addition to the application for the approval or extension of temporary residence permit, and apart
from the evidence of meeting the general requirements for the approval of temporary residence referred
to in Article 53 of the Law and 58 of this Bylaw, an alien shall submit:
a) a contract on the placement in a retirement home, which regulates rights and obligations of
contractual parties,
b) evidence on advance payment for the placement in a retirement home.
(3) Temporary residence is granted for the time period noted in the contract, and for the maximum of
up to one year, provided that the validity of the alien’s passport exceeds the period of temporary stay
by three months.
Article 89
(Residence for humanitarian reasons - PB/9)
(1) An alien who does not fulfil the general requirements for the approval of temporary residence
referred to in Article 53 of the Law and Article 58 of this Bylaw may be granted temporary residence
for humanitarian reasons, through an assessment of the body before which an appropriate procedure is
conducted or a recommendation of another competent body or results of a medical specialist from an
appropriate health institution on the need of treatment or recovery or similar.
(2) Temporary residence referred to in paragraph (1) of this Article may be granted to an alien who is:
a) a victim of organized crime, that is, trafficking in persons (PB/9-1),
b) a minor child if abandoned or is a victim of organized crime or if the minor is without parental
protection, custody or is unaccompanied (PB/9-2),
c) a stateless person (PB/9-3),
d) an alien found to have met the requirements of Article 91 (Principle of non-refoulement) of the
Law, and to whom no international protection has been granted in accordance with this Law,
46
e) for other justified humanitarian reasons (PB/9-5),
f) an alien whose residence in Bosnia and Herzegovina is necessary for the purpose of conducting
legal actions or in the case of an alien’s cooperation with the competent authorities aimed at
detection of a criminal offense or perpetrator, or is himself/herself a victim of organized crime
and his/her residence in Bosnia and Herzegovina is necessary for the purpose of conducting
legal actions (PB/9-6).
(3) During the procedure for the approval of temporary residence to a minor for humanitarian reasons,
the organizational unit of the Service conducting the procedure is obliged to ensure that the minor is
represented by an attorney or a guardian throughout the whole procedure.
(4) The alien referred to in Article 54, paragraph (1) of the Law who has no valid travel document, and
who is granted temporary residence for humanitarian reasons, is issued a certificate of identity with the
residence permit sticker. Certificate of identity is numbered, white, (125+0,75) mm x (88+0,75) mm in
size, and consisting of 8 pages.
(5) Certificate from paragraph (4) of this Article serves as an identification document on the territory of
Bosnia and Herzegovina and may not be used for the crossing of state borders. Form for the
Identification certificate is an integral part of this Bylaw, Form number 19.
(6) Temporary residence on this basis is granted for the maximum period of one year, except for the
alien referred to in Article 54, paragraph (1), item a) of the Law, to whom temporary residence may be
granted for the maximum period of six months.
(7) In case an alien is granted temporary residence under Article 54, paragraph (1), item d) of the Law,
the extension of the temporary residence permit is conducted at the request of the alien and with an
obtained opinion of the Ministry.
Article 90
(Residence based on an international agreement to which Bosnia and Herzegovina is a
contractual party - PB/10)
(1) Temporary residence may be granted to an alien on the basis of the realization of an international
agreement to which Bosnia and Herzegovina is a contractual party.
(2) In addition to the application for the approval or extension of temporary residence permit on the
basis of the realization of an international agreement to which Bosnia and Herzegovina is a contractual
party, and apart from the evidence of meeting the general requirements for the approval of temporary
residence referred to in Article 53 of the Law and 58 of this Bylaw, an alien shall submit:
a) evidence from the competent authority that the alien is needed for the realization of an
international agreement to which Bosnia and Herzegovina is a contractual party,
b) information on the function of the alien in the realization of the agreement and the time period
of the engagement.
(3) Temporary residence is granted for the time period of the need for the engagement of the alien for
the realization of an international agreement, and up to a maximum of one year, provided that the
validity of the alien’s passport exceeds the period of temporary stay by three months.
47
Article 91
(Residence for other justified reasons - PB/11)
(1) Temporary residence on the basis of other justified reasons may be granted to an alien if he/she is a
member of the immediate family of an alien who enjoys the privileges and immunity on the grounds of
international law, and he/she him/herself does not enjoy the same privileges and immunity, as well as
other justified reasons.
(2) In addition to the application for the approval or extension of temporary residence permit referred to
in paragraph (1) of this Article, and apart from the evidence of meeting the general requirements for the
approval of temporary residence referred to in Article 53 of the Law and 58 of this Bylaw, an alien
shall submit:
a) evidence that the alien with whom the family reunification is sought enjoys the privileges and
immunity according to international law or evidence on other justifiable reason which will be
assessed case by case,
b) evidence that the alien is a member of the immediate family of the alien with whom the family
reunification is sought,
c) a statement verified by a municipal administrative authority or a notary through which the
citizen of Bosnia and Herzegovina or the alien with whom family reunification is sought obliges
oneself to defray the costs of accommodation, medical costs, ensure the support and defray all
the other costs which may incur as a result of the alien’s stay in Bosnia and Herzegovina, as
well as the cost of placing under supervision, voluntary leave of the country or forced removal,
and all other costs that result from an alien leaving Bosnia and Herzegovina.
(3) The organizational unit of the Service which runs the procedure is obliged ex officio to obtain
evidence issued by the competent body or the MFA that the alien with whom the family reunification is
sought enjoys the privileges and immunity, and consent of the MFA that the provisions of the Law be
applied on the members of the family of the person enjoying the privileges and immunity.
(4) During the procedural processing of the application for the approval or extension of temporary
residence permit on the basis of other justified reasons, the organizational unit of the Service is obliged
to obtain an opinion from the seat of the Service before rendering of the decision.
(5) Temporary residence is granted for the period within which the alien who is being reunited with the
family enjoys the privileges and immunity in Bosnia and Herzegovina, or until other justified reasons
for residence exist, and for the maximum period of one year, provided that the validity of the alien’s
passport exceeds the period of temporary stay by three months.
Article 92
(Ownership of immovable property - PB/12)
(1) Temporary residence may exceptionally be granted to an alien on the basis of ownership of
immovable property in Bosnia and Herzegovina if there is an effective connection of the alien with
Bosnia and Herzegovina.
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(2) In addition to the application for the approval or extension of temporary residence permit, and apart
from the evidence of meeting the general requirements for the approval of temporary residence referred
to in Article 53 of the Law and 58 of this Bylaw, an alien shall submit:
a) evidence on ownership of immovable property in Bosnia and Herzegovina (land registry
excerpt or excerpt from the contracts registry),
b) evidence on the effective connection with Bosnia and Herzegovina, which can be proved in one
of the following ways:
1) he/she is of Bosnia and Herzegovina origin (birth certificate),
2) immediate family roots in Bosnia and Herzegovina (birth certificate),
3) education of children on the territory of Bosnia and Herzegovina,
4) receiving pension on the territory of Bosnia and Herzegovina,
5) investing in Bosnia and Herzegovina,
6) evidence that his/her immediate family members live on the territory of Bosnia and
Herzegovina and similar.
(3) An alien who cannot provide evidence from paragraph (2), item a) of this Article due to absence of
the land registry or contracts registry, in addition to the application may submit a properly certified sale
agreement, gift contract, certificate of inheritance or other evidence of entitlement to immovable
property granted in an administrative procedure and a certificate from the competent court with regards
to the reasons of absence of land registry or contracts registry.
(4) Temporary residence is granted for the time period noted in the application, and for the maximum
period of one year, provided that the validity of the alien’s passport exceeds the period of temporary
stay by three months.
CHAPTER VII – PERMANENT RESIDENCE
Article 93
(Permanent residence)
(1) Permanent residence may be granted to an alien under conditions stipulated in Article 59 of the
Law.
(2) Application for permanent residence permit must be submitted within the period of validity of the
temporary residence permit.
(3) In addition to the application for permanent residence, the alien is obliged to submit:
a) a photograph 35 x 45mm in size,
b) passport photocopy,
c) evidence on temporary residence permits in Bosnia and Herzegovina in an uninterrupted
duration of five years prior to the application for permanent residence,
d) evidence on sufficient and regular funds in order to support himself/herself,
e) evidence on confirmed adequate accommodation,
f) evidence on confirmed health insurance in Bosnia and Herzegovina,
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g) certificate or attestation issued by the competent authority which certifies that the alien has
knowledge of one of the languages and scripts which are in official use in Bosnia and
Herzegovina,
h) certificate or attestation that there is no criminal procedure being conducted against the alien
and a certificate issued by the competent authority of the country in which he/she has habitual
place of residence, which is not older than six months from the day of applying for residence,
i) certificate or attestation that there is no criminal procedure being conducted against the alien
and a certificate that he/she is not convicted of a criminal offence issued by the competent
authority in Bosnia and Herzegovina, which is not older than six months from the day of
applying for residence.
(4) Evidence referred to in paragraph (3), item g) of this Article is not submitted for preschool children,
persons attending or have finished primary, secondary or higher education in one of the languages in
official use in Bosnia and Herzegovina, and persons over 60 years of age unless they are in a work
relationship.
(5) Evidence referred to in paragraph (3), item h) and i) of this Article is not submitted for minors of up
to 14 years of age.
(6) In the sense of Article 59, paragraph (1), item a) of the Law, the alien’s absence during granted
temporary residence for the period of up to 10 months in total or up to six months on a one-time basis
within five years of granted permanent residence shall not be considered as an interruption of the
continuity of temporary residence.
(7) Permanent residence in Bosnia and Herzegovina shall not be granted to the alien in case that he/she
resided in Bosnia and Herzegovina within the last five years on the basis or for the reasons stipulated in
Article 59, paragraph (5) of the Law.
(8) An alien with granted temporary residence on the basis of education, in relation to the time
necessary for the approval of permanent residence as referred to in Article 59, paragraph (1), item a) of
the Law, half of the time spent on the basis of granted temporary residence is considered, provided that
the application for permanent residence may not be submitted during temporary stay on the basis of
education.
(9) Permanent residence is granted for an indefinite period, and the sticker of residence is issued for the
period of validity of the passport. When affixing the sticker of permanent residence into the alien’s
passport, the sticker of temporary residence is annulled by affixing the stamp “annulled” over the
sticker and the date of annulment.
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CHAPTER VIII – PROCEDURE OF DECIDING UPON AN APPLICATION FOR
APPROVAL OR EXTENSION OF PERMANENT RESIDENCE IN BOSNIA AND
HERZEGOVINA
Article 94
(Procedure)
(1) In addition to the application for the approval or extension of temporary residence permit, and apart
from the evidence of meeting the general requirements for the approval of temporary residence referred
to in Article 53 of the Law and 58 of this Bylaw, an alien is obliged to submit the evidence stipulated in
the provisions of the Law and this Bylaw.
(2) During the procedural processing of an application for the approval or extension of temporary
residence permit or approval of permanent residence in Bosnia and Herzegovina, the competent
organizational unit of the Service shall ex officio conduct operative checks on site, checks of official
and operative records of the competent law enforcement bodies in Bosnia and Herzegovina, and
perform other activities in cooperation with other competent law enforcement bodies in Bosnia and
Herzegovina.
(3) If during the procedure it is established that the application needs to be supplemented by additional
evidence, the competent organizational unit of the Service shall call upon the alien to complete the
application, for which he/she will be given an appropriate deadline. If the alien does not complete the
application within the given deadline, the competent organizational unit of the Service will refuse the
application in accordance with Article 128 of the Law on administrative procedure.
(4) During the procedural processing, an alien submitting the application for the approval or extension
of temporary residence permit or the approval of permanent residence in Bosnia and Herzegovina may
be requested to deliver additional explanations ex officio, as well as additional evidence regarding the
facts stated in the application, and additional checks may be conducted.
(5) In accordance with Article 62, paragraph (1), item g) of the Law, during the procedural processing
of an application for the approval or extension of temporary residence permit or the approval of
permanent residence in Bosnia and Herzegovina, the organizational unit of the Service, with a
previously obtained opinion of the Service, shall consider all facts from operative and other official
records with the same attention and correlation with all other facts, as well as consequences which shall
arise from the delivery of the decision.
(6) If the alien’s request is justified and if all the requirements prescribed by Law and this Bylaw are
met, the Service shall make a decision to grant or extend temporary or permanent residence permit in
Bosnia and Herzegovina and issue a sticker indicating residence permit, which is affixed in the alien’s
passport.
(7) Decision is delivered to the alien in person in the official premises of the organizational unit of the
Service, that is, the DCR BiH if the request is submitted from outside of Bosnia and Herzegovina,
through the DCR BiH. If the requirements are not met for personal delivery of the decision, delivery is
performed in accordance with the provisions of the Law on administrative procedure.
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Article 95
(Refusal of application for residence permit)
(1) Application for the approval or extension of temporary residence is refused as ungrounded:
a) when one or several general requirements for the approval of residence are not met,
b) if the alien has no evidence to justify the application referred to in Article 53, paragraph (1),
item a) of the Law or evidence stipulated in this Bylaw for each basis of residence separately,
c) if the alien does not fulfil the requirements for the extension of temporary residence referred to
in Article 52, paragraph (6) of the Law.
(2) Application for permanent residence is refused if an alien does not fulfil the requirements stipulated
in Article 59 of the Law and Article 93 of this Bylaw.
(3) Application for the approval or extension of temporary residence or the approval of permanent
residence permit shall be refused when an alien does fulfil the requirements for residence permit
prescribed by the Law and this Bylaw if one or several reasons referred to in Article 62 of the Law
exist.
(4) During the procedural processing of an application for the approval or extension of residence
referred to in Article 62, paragraph (2) of the Law, the organizational unit of the Service shall in each
individual case determine the existence of interest for Bosnia and Herzegovina, and shall obtain the
opinion of the seat of the Service and consider all available facts and evidence, as well as opinions of
the competent bodies in Bosnia and Herzegovina.
(5) Application for the approval or extension of temporary residence or the approval of permanent
residence permit shall be refused to an alien who is registered with the competent authorities as an
international offender with the Office of the Ministry of Security for cooperation with Interpol.
(6) In accordance with the provision of Article 62, paragraph 1, item k) of the Law, application for the
approval or extension of temporary residence or the approval of permanent residence in Bosnia and
Herzegovina shall be refused to an alien who is found to have entered into marriage or common-law
marriage or has adopted a child exclusively in order to enter and/or stay in Bosnia and Herzegovina.
Circumstances which may indicate that the marriage or common marriage or child adoption is done for
personal gain are the following:
a) marital/common-law partners do not maintain the marital/ common-law union,
b) marital/common-law partners do not fulfil the obligations arising from marital/common-law
union,
c) marital/common-law partners did not meet before entering the marital/common-law union,
d) marital/common-law partners do not give consistent personal information,
e) marital/common-law partners do not speak the language they both understand,
f) material means have been given for entering into the marital/common-law union,
g) there is evidence of earlier marriages or common-law unions for personal gain concerning
either of the marital/common-law partners,
h) failure to fulfil obligations between the foster parent and the foster child,
i) there is evidence of neglect of a child,
j) other evidence.
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(7) If reasonable suspicion to believe the facts from paragraph (6) of this Article exist, the
organizational unit of the Service shall in each individual case conduct operational checks on site,
conduct a special investigative procedure during which the parties will be heard, as well as witnesses if
required, conduct an evidence hearing in order to establish the existence of cohabitation of
marital/common-law partners or the fulfilment of obligations between the foster parent and the foster
child, and obtain material evidence.
Article 96
(Dismissal of the application)
(1) Application for the approval or extension of temporary residence or the approval of permanent
residence permit in Bosnia and Herzegovina is dismissed with the conclusion:
a) if the application for temporary residence permit or extension of temporary residence permit or
the application for permanent residence permit is submitted untimely and the reasons for the
delay are not justifiable with objective circumstances,
b) if the application is submitted by an unauthorized person, that is, if the application is not
submitted by an alien himself/herself or by the legal representative of the work incapable alien,
c) if the application has some formal omissions in regards to Article 60 of the Law on
Administrative Procedure.
(2) Reasons with which the alien may justify the breach of the deadline for the timely submission of
application may consist of objective circumstances such as natural disasters and other catastrophes, and
with appropriate evidence also by circumstances such as grave illness, illness of a family member,
death of a family member, essential business trips, participation in legal proceedings outside of the
territory of Bosnia and Herzegovina and similar.
Article 97
(Residence permit sticker)
(1) Residence permit sticker is affixed into an alien’s passport. Residence permit sticker is issued by
the Service based on the decision on the residence permit.
(2) Residence permit sticker form contains titles as follows: “Bosnia and Herzegovina” in the top left
corner, right next to it in the middle part “Residence permit” and the sticker number in the top right
corner. On the left, below the “Bosnia and Herzegovina” title, there is an optically changeable element
below which there is a photo slot. Below the “Residence permit” title is a section “Permit issued by”
where the name of organizational unit of the Service issuing a permit is filled in, right next is the validfrom date, then below the “Permit issued by” title there is a “Number of entries” section, and right next
is the valid-until date. Below the “Number of entries” section is a “Type of permit” section where type
and basis for stay are filled in, and below this section is a section for the last and first names of the
alien. Below alien’s last and first names section, a passport number is filled in, and right next their sex,
date of birth and country that issued the passport. The space below these sections is reserved for
electronically readable area in which data is entered which can be electronically read.
(3) Headline and section titles on the residence permit sticker form are written in Bosnian, Croatian,
Serbian, English and French languages. The text in Bosnian and Croatian is written in Latin whereas
53
the one in Serbian language is written in Cyrillic script. Particular data that are filled in in the residence
permit sticker form are written in Latin script.
(4) In the “Type of permit” section, an abbreviated mark for temporary residence is filled in pursuant to
the Article 57 of this Bylaw and an additional mark for employment without a work permit and
humanitarian stay, whereas for permanent residence “permanent residence” is filled in in this section.
(5) Residence permit sticker is affixed in the alien’s passport and is an integral part of the decision on
the residence permit. Authorized official’s signature and stamp of the organizational unit of the Service
or the DCR BiH are manually added on the right part of the sticker so that they cover both a part of the
residence permit sticker and the alien’s passport whilst ensuring a clear insight into the data filled in in
the given sections and avoiding the electronically readable section.
(6) “Residence permit” sticker form is an integral part of this Bylaw, Form number 20.
Article 98
(Change of decision and correction of error in decision)
(1) When an alien within the period of residence permit validity applies for the issuance of a new
sticker in connection with the issuance of a new passport or the extension of the validity of the passport
or change of personal data in the passport or for change of passport for other reasons, the Service, at the
alien’s request and with the his/her consent, renders a decision to amend the decision on the residence
permit, which refers to the altered information in the passport, while the decision concerning the
amendment to the decision becomes an integral part of the original decision.
(2) Decision on the amendment to the decision, depending on the reason of submitting a request for the
amendment to the decision, is rendered after the competent organizational unit of the Service, ex
officio, conducts operative checks of the Service’s records, operative checks on site, and if necessary,
additional checks with the competent law enforcement bodies in Bosnia and Herzegovina and
determines that there are no legal obstacles for proceeding upon the request.
(3) A new sticker is issued on the basis of the amended decision, and the previously issued sticker
which is available is annulled, and if it is not available it is declared null and void. Announcement in
the “Official Gazette of BiH” is the responsibility of the alien. A new sticker shall be affixed into the
passport after the destruction of the previously issued sticker or after the delivery of evidence that
announcement of the unavailable sticker has been performed.
(4) In cases a technical error is made concerning the data which are entered into the residence sticker
during the delivery of decision, the competent organizational unit shall, ex officio or at the alien’s
request, render a conclusion on the correction of the error in the decision, whilst previously issued
residence sticker which contains a technical error is annulled and a new residence sticker is made and
affixed into the alien’s passport.
(5) In the event of a technical error on the sticker, a new is issued ex officio or at the alien’s request,
with the explanation of reasons for which the issuance of a new sticker is requested. A sticker with a
technical error is annulled, and if it has not been affixed in the passport, it is returned to the Service.
54
CHAPTER XI – REPORT OF ALIEN’S RESIDENCE
Article 99
(Temporary and permanent residence)
(1) Temporary residence is a place in Bosnia and Herzegovina where an alien with a temporary
residence permit resides, as well as a place where an alien with or without a visa resides.
(2) Permanent residence refers to a place in Bosnia and Herzegovina where an alien with a permanent
residence permit has taken up residence with intention to live there permanently.
Article 100
(Obligation to register temporary and permanent residence)
(1) Registration of an alien’s temporary residence, registration and de-registration of permanent
residence, that is, the change of residential address of an alien in Bosnia and Herzegovina is conducted
in the organizational unit of the Service or the police. In addition to the registration, the alien is obliged
to provide accurate and truthful information and submit evidence of identity (passport or and
Identification card for no-visa stay) and evidence on confirmed accommodation.
(2) Registration of the alien’s residence in Bosnia and Herzegovina is performed by submitting a form
“Temporary residence registration, permanent residence registration and de-registration or change of
residential address”. The form is white and comprises of two parts: registration and certificate. The
form of the certificate on registration of temporary residence, permanent residence registration and deregistration or change of residential address is an integral part of this Bylaw, Form number 21.
(3) An alien with a temporary residence permit, that is, an alien with a permanent residence permit is
obliged to register every change in residential address, within the deadlines stipulated in the Law.
(4) If an alien is to register himself/herself within the area of another organizational unit of the Service,
that unit is to notify in written form the organizational unit of the Service where an alien has previously
registered his/her residence in order to provide the necessary documentation and, if needed, copies of
the temporary or permanent residence permit file. After receiving the notification, the organizational
unit of the Service shall ex officio de-register the alien.
Article 101
(Entities obligated to register temporary residence of aliens)
(1) Natural persons and legal entities that provide accommodation services to aliens are obliged to
report any stay no later than 12 hours after providing accommodation. An alien who is not using
accommodation services provided by legal and natural persons, or a natural person whom an alien is
visiting is obliged to register temporary residence within 12 hours after providing accommodation if an
alien is staying in Bosnia and Herzegovina for more than three days.
(2) Apart from legal and natural persons registered to provide accommodation services (hotels and
similar), entities obliged to register temporary residence also include health institutions, spas and
similar which take in aliens for medical treatments, retirement homes, institutions specialized for
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accommodating persons with special needs, students’ dormitories and similar if aliens are staying on
the basis of an issues visa or without a visa.
CHAPTER X – IDENTIFICATION CARD FOR ALIENS
Article 102
(Identification card for aliens)
(1) Identification card for aliens is a public document which proves the alien’s identity, and facts of
place and the date of birth.
(2) Identification card for aliens is a card-shaped document, 8,5 cm x 5,4 cm in size, 0,81 mm thick,
designed in multi-layer technology from white and transparent polycarbonate material with tones of
ochre-yellow and light grey hues.
(3) Form of the identification card for aliens contains sections on both front and back sides of the form
where particular data is added.
(4) Headline and section titles on the form of the identification card for aliens are written in Bosnian,
Croatian, Serbian, French and English language.
(5) The text in Bosnian and Croatian is written in Latin whereas the one in Serbian language is written
in Cyrillic script. Particular data that are filled in in the form of the identification card for aliens are
written in Latin script by the competent body.
Article 103
(The content of the form of the identification card for aliens)
(1) The front side of the form of the identification card for aliens contains a “Bosnia and Herzegovina“
title in the top left corner, right next to this in the middle part is an “Identification card for aliens” title,
whilst in the right corner is a coat-of-arms of Bosnia and Herzegovina. On the left side of the main part
of the form, below the “Bosnia and Herzegovina” title, are the photograph slot and the signature of the
Identification card for aliens’ holder. On the front side of the form of the identification card for aliens
and below the “Identification card for aliens” title there are sections where last and first names, sex,
citizenship, date of birth, place of birth, valid-until and serial number are added whereas the holder of
the identification card for aliens is to sign at the bottom left corner.
(2) On the back part of the form of the identification card for aliens, in the top left corner, there is a slot
for one-dimensional bar code 39 containing data on the personal identification number of the alien
whereas a slot for two-dimensional bar code PDF - 417 containing data on fingerprints and other
holder’s data is placed in the top right corner.
(3) On the left side, in the middle of the back side of the identification card for aliens is an imprint of
Bosnia and Herzegovina’s coat-of-arms and next to it vertically-positioned name “BiH” in gold print.
(4) In the middle part of the back side of the form of the identification card for aliens, the following
data is added: personal identification number of an alien, date of issuing, municipality of permanent
56
residence, the name of the issuing authority and section “Remarks”, whereas the remaining part of the
back side is an area where electronically readable data is added in the form of letters, numbers and
symbols.
(5) Form of the identification card for aliens stipulated in this Bylaw shall be provided by the Ministry
of Civil Affairs of Bosnia and Herzegovina. Form of the identification card for aliens is an integral part
of this Bylaw, Form number 22.
Article 104
(Issuing, replacing and annulling of the identification card for aliens)
(1) Issuing, replacing and annulling of the identification card for aliens is performed by the cantonal
ministries of interior in the Federation of Bosnia and Herzegovina, Ministry of Interior of the Republic
of Srpska in the Republic of Srpska and the competent body in Brčko District of BiH which functions
as a state institution (hereinafter: the competent body), according to the place of aliens’ permanent
residence.
(2) The organizational unit of the Service, ex officio, submits a request to the Ministry of Civil Affairs
for the designation and assignment of a personal identification number for an alien.
(3) After the receipt of notification on the designated personal identification number, an alien is obliged
to submit a request within eight days for the issuance of identification card for aliens with the
competent body referred to in paragraph (1) of this Article, according to his/her place of residence.
(4) An alien is obliged to deliver a photocopy of the identification card for aliens to the organizational
unit of the Service according to the place of residence, which keeps official records on issued
identification cards for aliens, in accordance with Article 144 of the Law.
(5) An alien is obliged to replace the identification card for aliens in the case of change of permanent
residence if the new permanent residence is in another city, municipality or any other data whatsoever
contained in the form of the identification card for aliens, damage of identification card for aliens, as
well as in the case of substantial change of appearance arising as a consequence of physical or chemical
effects, disease or biological process, within 30 days from the date when the said change occurred.
(6) The photograph on the identification card for aliens must truthfully depict the holder of the
identification card for aliens’ features (en face) without a hat, cap or scarf.
(7) Notwithstanding paragraph (6) of this Article, aliens who in line with the customs of the country
from which they arrive wear a hat, cap or scarf may be photographed wearing a hat, cap or a scarf
providing that their forehead is not covered.
(8) Substantial changes of facial features due to which the identification card for aliens must be
replaced are those that occurred because of physical or chemical effects, disease or natural biological
process due to which identification based on the photograph of the identification card for aliens is
evidently hindered or not possible.
(9) Substantial change of appearance in terms of paragraph (8) of this Article also refers to differences
between the face on the photograph and the real facial features that result from considerable changes of
57
style, length and colour of hair, moustache or beard due to which identification based on the
photograph of the identification card for aliens is evidently hindered or not possible.
(10) The replaced and returned identification card for aliens is annulled by piercing the form. Annulled
forms are disposed of by commissions. Records are made on the disposed identification cards for
aliens.
Article 105
(Application for issuance of identification card for aliens)
(1) The application for issuance and replacement of the identification card for aliens is submitted to the
competent body pursuant to the Article 104 of this Bylaw, in accordance with the alien’s permanent
residence.
(2) The application for issuance and replacement of the identification card for aliens is submitted on
LK-OI-S1 form, which is an integral part of this Bylaw, Form number 23.
(3) In addition to the application for issuance and replacement of the identification card for aliens, an
alien shall submit:
a) a certificate on permanent residence permit,
b) evidence of identity (travel document), and
c) a receipt on paid stamp duty.
(4) In the process of replacement of the identification card for aliens, identity is proved with the
previously issued identification card for aliens or, when it is not available, with a valid passport.
(5) In addition to the application for issuance of the identification card for aliens, instead of the missing
identification card for aliens, an alien is obliged to enclose a certificate on the reported disappearance
of the identification card, issued by the competent body and a certificate proving that the identification
card for aliens has been declared invalid in the “Official Gazette of BiH”.
Article 106
(Procedure of issuance of the identification card for aliens)
(1) Upon receipt of the application, the competent body from Article 104, paragraph (1) of this Bylaw
shall determine whether an alien has been designated with a personal identification number.
(2) Upon the completion of the procedure pertaining to Article 104 of this Bylaw, an alien shall be
issued a certificate on receipt of application and collection of the identification card for aliens, on LKOI-S2 form, which is an integral part of this Bylaw, Form number 24.
(3) The identification card for aliens shall be issued to an alien of 18 years of age and shall be valid for
5 years from the issuing date.
(4) Collection of the identification card for aliens shall be verified by filling in the date, by the
official’s and applicant’s signatures on a certificate referred to in paragraph (2) of this Article.
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(5) The form of the application for issuance and replacement of the identification card for aliens LKOI-S1 and the form of the certificate on receipt of application and collection of the identification card
for aliens LK – OI – S2 are provided by the Ministry of Civil Affairs, printed in the languages of
constitutive peoples and written in Latin and Cyrillic scripts, as well as in French and English
languages.
Article 107
(Records on identification cards for aliens)
(1) The competent body which receives applications for issuance, that is, replacement of identification
cards for aliens shall keep a special records on received applications “Registry on received applications
for issuance – replacement of identification cards for aliens“.
(2) Registry is kept in an A4 format-LK-OI-S3 form book which contains the following sections:
registry ordinal number, date of application receipt, last and first names of the applicant and parent’s
name, day, month and year of birth, serial number of the identification card for aliens, first and last
name of an official person and the “Remark“ section.
(3) If data are incorrectly added into the registry, the official shall mark them as incorrect while leaving
it readable and write the correct data above the incorrect ones. Registry is to be closed at the end of the
calendar year, bound and saved permanently.
(4) The applications along with enclosures are stored according to ordinal numbers, kept for five years
and then disposed of by a commission.
(5) Records on issued, annulled and disposed of identification cards for aliens are electronically
maintained. The competent bodies for issuing of identification cards for aliens keep, maintain and use
records on identification cards for aliens through electronic data processing within the scope of their
competence.
CHAPTER XI – TERMINATION OF RESIDENCE
Article 108
(Termination of residence)
(1) In accordance with Article 65a of the Law on amendment to the Law on movement and stay of
aliens and asylum (the “Official Gazette of BiH, number 87/12), an alien’s residence is terminated by
enforcement of the law in the following cases:
a)
b)
c)
d)
by obtaining Bosnia and Herzegovina citizenship,
at the time of his/her death,
with issuance of a measure under Article 90 (Special cases of expulsion) of the Law,
if residence was granted on the basis of family reunification with an alien whose residence
ended or was cancelled in accordance with the Law.
(2) Alien’s residence is terminated at his/her request in which case the organizational unit of the
Service renders a decision on the termination of residence in accordance with Article 65a, paragraph
59
(1), item a) of the Law and annuls the residence permit sticker. An appeal may be made against the
decision on the termination of residence with the Ministry within 15 days from the day of the delivery
of the decision.
(3) If the alien’s permanent residence permit ended for the reasons stipulated in Article 65a, paragraph
(1), items a), d) and e) of the Law on amendments to the Law on movement and stay of aliens and
asylum, the organizational unit of the Service notifies the Ministry of Civil Affairs of BiH and
competent bodies for issuing of identification cards for aliens on the fact of termination of permanent
residence.
CHAPTER XII – CANCELLATION OF TEMPORARY RESIDENCE
Article 109
(Cancellation of temporary residence)
(1) Right of residence is cancelled to an alien pursuant to the reasons stipulated in Article 68 and 69 of
the Law.
(2) With the aim of determining the existence of reasons for the cancellation of residence, checks of
official records are conducted, operative checks on site, an investigative procedure is conducted during
which the alien shall be enabled to state the facts and circumstances which were determined during the
procedure, and if necessary, hear witnesses.
(3) A decision on the cancellation of residence is executed after the decision becomes final. The
decision on cancellation of residence defines the deadline until which an alien must leave Bosnia and
Herzegovina. The deadline for leaving Bosnia and Herzegovina is counted from the end of appeal
deadline if the alien has not filed an appeal. If the alien filed an appeal, the deadline starts from the day
of the receipt of decision on appeal.
(4) After the decision on cancellation of residence becomes final, residence permit sticker in the alien’s
passports is stamped with “ANNULLED”, and on the page where the residence permit sticker was
affixed, a date until which the alien is obliged to leave Bosnia and Herzegovina, seal and signature of
an authorized official are manually written.
(5) In the case of rendering a decision on the cancellation of no-visa residence, upon the finality of the
decision, a stamp with “CANCELLATION OF NO-VISA RESIDENCE” is entered into the passport of
the alien whose residence is cancelled. In case and alien owns a document in which a stamp cannot be
entered, the decision on the cancellation of no-visa residence contains the reason due to which the
stamp is not entered.
(6) Upon the finality of the decision on the cancellation of no-visa residence, the residence permit
sticker in an alien’s passports is stamped with “ANNULLED”, and on the page where the residence
permit sticker was affixed, a date until which the alien is obliged to leave Bosnia and Herzegovina, seal
and signature of an authorized official are manually written.
(7) A copy of the decision on cancellation of residence must be enclosed within the case file that refers
to the alien’s application for residence permit.
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(8) In case the alien leaves Bosnia and Herzegovina before the finality of the decision within the time
period set for voluntary leave, and a residence sticker or a visa sticker are not annulled in accordance
with paragraph (4) and (6) of this Article, the sticker may be annulled afterwards when the alien is
available to the organizational unit of the Service or the Border Police.
CHAPTER XIII – THE BOOK OF ALIENS
Article 110
(The Book of aliens)
(1) Legal and natural persons that provide accommodation services to aliens are obliged to keep the
records on aliens (hereinafter referred to as: the book of aliens) to whom accommodation services are
provided.
(2) Legal and natural persons referred to in paragraph (1) of this Article are accommodation facilities,
bed and breakfast, hostels, boarding houses, mountain huts, health institutions, spas, retirement homes,
facilities for accommodation of persons with special needs, dormitories for pupils and students and
similar.
(3) The book of aliens is kept in the form of a hard-back book of horizontal A-3 format with numbered
pages.
(4) The book of aliens has sections for entering the following data:
a) ordinal number,
b) alien’s last and first names,
c) sex,
d) date and place of birth,
e) citizenship,
f) type, number, validity of the travel document and issuer,
g) type, number and validity of the visa,
h) date and place of entry into Bosnia and Herzegovina,
i) date and time of the alien’s registration in the accommodation unit,
j) date and time of the alien’s de-registration from accommodation unit,
k) “Remark” section.
(5) Data in the book of aliens must be regularly updated and easily readable, and in the case an error is
made it should be marked as incorrect, but both the error and the correction must remain readable.
(6) The book of aliens shall be closed by an authorized person at the end of the calendar year. A new
calendar year starts with the ordinal number 1 (one). The book of aliens should be kept for at least three
years.
(7) The form of the book of aliens is an integral part of this Bylaw, Form number 25.
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Article 111
(Records on books of aliens)
(1) The book of aliens shall be certified by the competent organizational unit of the Service in the place
of permanent/temporary residence, that is, the business seat of the provider of accommodation services.
The verification is performed by the organizational unit of the Service at the beginning of the calendar
year in such a way that on the first page of the book of aliens the following text is entered, “The
verification of the book of aliens has been performed”, date and verification number are entered,
number of pages/leafs, the name of the organizational unit of the Service including the stamp and
signature of the authorized person in the Service.
(2) The book of aliens is closed at the end of the calendar year, and if there are blank pages, it may be
continued to be used after the verification has been performed at the beginning of the calendar year.
(3) The organizational unit of the Service keeps records on verified books of aliens which contains the
following data:
a) ordinal number,
b) name and seat of the legal person,
c) first and last names of the responsible person within the legal person, that is, the first and last
names and address of the natural person,
d) contact telephone number,
e) date and number of the verification of the book of aliens, and
f) number of pages.
Article 112
(Obligations of accommodation provider and control of records)
(1) Legal and natural persons that provide accommodation services are obliged to present the books of
aliens to the competent organizational unit of the Service based on the place of seat, that is,
permanent/temporary of the natural person.
(2) Apart from the records kept on aliens by means of the book of aliens, legal and natural persons are
obliged to keep records on aliens to whom they provide accommodation by means of electronic data
processing with the approval of the Service. The records kept by means of electronic data processing
must contain all the data that the book of aliens contains. Data kept in the electronic data processing
systems are printed out on a daily basis, chronologically filed, and at the end of the calendar year
closed, bound and verified at the authorized organizational unit of the Service. The form of electronic
processing and records of data, aimed at complementarity with the systems of processing and storing of
data on aliens, shall be stipulated in the Decision of the Service.
(3) Legal and natural persons that provide accommodation services are obliged to present the books of
aliens to the authorized organizational unit of the Service or the police. When conducting an inspection,
an alien inspector shall enter a short official record on the inspection date and signature on the right
page of the book. The inspector shall compile a record on the completed inspection and forward it to
the responsible person within the legal person or a natural person that provides accommodation
services.
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CHAPTER XIV – TRANSITIONAL AND FINAL PROVISIONS
Article 113
(Application of provisions)
Article 78, paragraph (3), item g) of this Bylaw shall be applied after the enforcement of the decision
referred to in Article 160, paragraph (6) of the Law on amendments to the Law on movement and stay
of aliens and asylum.
Article 114
(Cessation of validity of regulations)
On the day of enforcement of this Bylaw, the Bylaw on entry and stay of aliens (the “Official Gazette
of BiH”, number 81/08 and 28/10) shall cease to be valid.
Article 115
(Entry into force)
This Bylaw shall enter into force on the eighth day after its publication in the “Official Gazette of
BiH”.
Minister
Number: 06-02-2-1482/12
22 March 2013
Sarajevo
Fahrudin Radončić
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