A New Law on Amendments to the Law on Foreigners

In order to increase competitiveness on the regional and global employment market, as well as to bring the Montenegrin legislation in line with the directives of the European Union in areas of the rule of law, migrations, and the freedom of movement of workers, the Government of Montenegro has recently adopted a new Law on Amendments to the Law on Foreigners. The primary goal of adopting the new law was to regulate the deficiencies that existed with the previous law, as well as to reduce the possibility of misuse.

A particularly significant novelty introduced with the current Amendments is the introduction of VIS (the Visa Information System), an online platform allowing foreigners to submit an application for the issuing of a visa to enter Montenegro. If granted, such a visa will be issued in an electronic form and will contain a bar code, a photograph, and personal data of the person who submitted the application.

In addition, it will also be possible to apply for a temporary residence permit and a work permit using an online platform.

A significant addition to the law is the possibility for digital nomads, working for a foreign company registered outside of Montenegro, to apply for a temporary residence permit. This kind of residence permit can be issued for a period of up to two years, and extended for a period of another two years.

Regarding the obtaining of a temporary residence permit on the basis of a property purchase, a minimal property value of 150.000€ was introduced. However, it should be noted that this requirement does not apply to the citizens of EU Member States, as well as the citizens of the Republic of Iceland, the Principality of Liechtenstein, the Kingdom of Norway, and the Swiss Confederation.

It is prescribed that a permit for temporary residence and work for entrepreneurs and executive directors in companies in which they are the sole owners or hold more than 51% of the share capital may be renewed as long as they meet the other requirements and provide proof of fulfilled tax and contribution obligations in a minimum annual amount of EUR 5.000.

Finally, of particular importance for EU citizens is that they have a right to stay in Montenegro for up to three months without registering, and they have also been granted the right to free access to the national labor market.

 

Prepared by,

Daniel Vujacic, LL. M. (UW)