The Montenegrin Parliament is considering a draft amendment to the Law on Foreigners. It has not yet entered into force, but contains a number of important proposals - from digitalization of visa procedures and simplification of application submission to tightening the rules for the employment of foreigners and the introduction of new grounds for temporary residence.
Important: this is about project amendments to the Law on Foreigners, which is currently being considered in the Montenegrin Assembly. Document more has not entered into force — the text may change during the parliamentary hearings and approvals. Below is a detailed breakdown of each key point of the proposed changes and an explanation of the practical consequences.
Table of contents
Diplomats, immunities and international cooperation are exceptions to the law
The project explicitly stipulates that the changes will not extend to persons with diplomatic privileges and immunities, their family members, as well as participants in NATO missions and international police cooperation. This is standard practice: the special legal regime for such categories remains in force so as not to violate Montenegro's international obligations.
E-visas and digitalization of visa procedures (VIS) - how it will work
It is proposed to introduce Electronic visas (e-visas) and the possibility of fully electronic processing of applications through the Visa Information System (VIS). This means:
- Applications for short-term entry - no later than 15 days before the trip; for long-term (D visa) - for 60 daysIn exceptional situations, accelerated procedures will be provided.
- The forms and standards of documents are planned to be unified according to EU practice in order to facilitate mutual recognition and verification of data.
- The goal is to reduce processing times, reduce paperwork and improve border control.
Practical: The introduction of VIS requires technical preparation, training and integration with consular services – there will be a transition period.
Electronic registration of residence permits and services for people with limited mobility
The project provides for the possibility of electronic submission of applications for temporary residence permits (TRP). For the elderly, seriously ill and disabled people - a mechanism of mobile document collection points. This will improve access to services for vulnerable categories and simplify the procedure as a whole.
Extension of Residence Permit - New Restrictions and Exceptions
The key innovation is same reason/same employer principle: extension of temporary residence permit will be possible only on the same basis and while maintaining employment relations with the same employer. Exceptions:
- seasonal employment (special rules);
- family reunification (other logics of extension).
The aim is to combat fictitious employment contracts and “migration” between employers, which was used to circumvent the rules.
Read our detailed article to find out how to obtain a residence permit in Montenegro.
Digital nomads - formalization of status
The project introduces separate regulations for digital nomads:
- required labor contract (or proof of self-employment) with a foreign company and proof of registration of that company;
- electronic submission of documents and a special set of requirements for income verification are assumed (see more details in the article about how digital nomads can get a residence permit in Montenegro).
Practical benefits: formalization creates a legal basis for legal residence and work (remotely) without local employment. Risks: it is not yet clear whether such a residence permit will be counted towards the time required to obtain permanent residence - this is important for those considering long-term migration.
Same-sex partnerships – right to residence permit and guarantee of protection
The bill provides that foreigners in a registered partnership with a person of the same sex will be able to obtain a temporary residence permit. Additionally, protection mechanisms are introduced in cases where the partnership is concluded formally, "for the sake of benefit." These changes make the legislation fairer and bring it closer to European standards of non-discrimination.
Employment of foreigners - relaxations and new restrictions
The main changes in the labor area:
- Benefits for the IT sector and medicine: Faster and more flexible work permits (up to three years) are expected. This is an attempt to ease the influx of skilled workers.
- Work in households: the project directly allows the employment of foreigners as domestic workers (previously this was formally problematic).
- Employers' obligations: full tax and reporting discipline - failure to comply will be grounds for refusal to issue or extend permits.
- Combating fictitious contracts: extension of permits is permitted only if there is an employment contract full time - this is a measure against part-time work for the sake of migration advantages.
Exception: For executive directors and entrepreneurs, the possibility of extension remains even under a different formula if the company has created at least three work placesIncluding at least one citizen of Montenegro.
Permits are valid for a maximum of two years for full-time work.
The proposal would limit the extension of residence and work permits to a period of to 2 years, but only if the employee has a contract full timeThis is aimed at improving the quality of employment and eliminating schemes with fictitious part-time positions.
Harmonization with the EU and new rights for posted workers
The bill includes a broad package of norms to bring it into line with EU directives: visa information standards, rules for posted workers, and mechanisms to protect labor rights. It also introduces a norm on humanitarian living for foreigners who worked illegally - provided that criminal proceedings have been initiated against the employer.
Benefits and protection for family reunification and for beneficiaries of international protection
The project provides:
- exemption of spouses of Montenegrin citizens from the obligation to prove their means of subsistence upon family reunification;
- the possibility of employment for persons awaiting a decision on international protection, after 9 months expectations;
- Simplified procedures for obtaining permanent residence for elderly and seriously ill persons.
At the same time, there are increased restrictions for those who have been denied refugee status.
Practical implications and risks for migrants and employers
- For employers: tightening controls over tax and labor compliance; the need to retain "real" jobs rather than fictitious contracts.
- For migrants: fewer opportunities to “jump” to another employer without changing the basis for a residence permit; digital nomads receive an official niche, but so far without a guarantee of being counted towards permanent residence.
- For government agencies: IT systems (VIS) upgrades, training and human resources will be required to monitor and issue e-visas and e-permits.
Project Summary and Status
The project offers a combination liberalization (e-visas, digital services, IT and medical support, formalization of digital nomads) and strict regulation (limits on extensions, full-time requirements, increased employer liability). This is an attempt to simultaneously attract skilled workers and investment, and to close down fictitious employment schemes.
Let us repeat: all the described norms are offers, which are under consideration. Once adopted, the law will enter into force according to the established procedure and is unlikely to come into effect immediately: certain provisions will require technical preparation and transition periods (for example, the launch of VIS and e-visas).
