Travel Documents of Foreigners
Travel documents for foreigners shall be issued to a foreigner without a valid travel document, if:
- his/her Montenegrin citizenship ceased to exist, for the purpose of traveling abroad,
- his/her foreign travel document was lost or he/she was otherwise remained without it, while his country of origin has neither a diplomatic / consular mission in Montenegro nor its interests are represented by another state, for the purpose of traveling abroad;
- he/she lost a travel document abroad for foreigners issued by the diplomatic or consular mission of Montenegro or the Ministry, for the purpose of returning to Montenegro;
- he/she is forced to leave.
Exceptionally, a travel document for a foreigner may be issued to him/her in some other case as well, if there are reasonable grounds for such action.
The Authority Competent to Issue a Travel Document
A travel document shall be issued to a foreigner by the Ministry or a diplomatic or consular mission of Montenegro (subject to a prior Ministry’s approval).
The travel document issued to a foreigner shall be valid for a period not longer than 30 days. The form of the travel document of a foreigner shall be prescribed and prepared by the Ministry.
Travel Documents for Stateless Persons
The travel document for a stateless person shall be issued by the Ministry. The travel document shall be issued with a validity period of one year. An application for the issuing of travel document for a stateless person shall be submitted on a separate form.
Rejection of the Application
No travel document shall be issued to a foreign person if:
- he/she is engaged in a criminal or misdemeanour proceeding;
- he/she was sentenced to a prison or fine, until such sentence is served or fine settled;
- he/she failed to satisfy his or her real property or civil obligation following a valid decision issued by the competent court;
- If so required due to the reasons of national security, public order or public health;
- If so required by international commitments of Montenegro.
A decision rejecting the application for issuing a travel document to a foreigner shall be made by the Ministry.
Against the decision rejecting the application for a travel document for foreigners, the foreigner may lodge an appeal to the Ministry, within eight days from the date of receipt of the decision.
Special Identity Card for a Foreigner
A foreigner who is a member of a diplomatic or consular mission of a foreign state or member of a mission of a diplomatic status, shall be issued a special identity card.
A foreigner shall be issued a special identity card with the validity for the period of his/her mandate. A foreigner is obliged to return the special identity card after termination of the mandate. If a foreigner’s membership ceases prior to the expiration of the mandate, he/she is obliged to return a special identity card.
The Competence of Issuance
A special identity card for foreigners shall be issued by the public administration authority in charge of the foreign affairs.
A special identity card for foreigners shall be in a form prepared by the public authority in charge of the foreign affairs. The request for the issuance of a special identity card for foreigners shall be submitted in the prescribed form.
Purpose of Documents and Ban on Allowing Disposal by Other Persons
Personal identity of a foreign person shall be proven by his or her travel document, valid personal identity card issued by a public administration authority of a foreign state, temporary residence permit, temporary residence and work permit, permanent residence permit and a special personal identity card.
A foreigner shall keep his / her personal identity document and present it at the request of the competent official.
A foreigner shall not allow his / her personal identity document to be used by another person or use an invalid or another person’s document as his / her own one. A foreigner shall use the name entered into his / her document.
Substitution of the Documents of Identity
A foreigner has the obligation to substitute his/her temporary residence permit, temporary residence and work permit, permanent residence permit and special identity card:
- in a case of change of the foreigner’s personal information;
- in a case of damage or bad state of conservation, so that it can no longer serve its purpose;
- if the photograph no longer reflects the appearance of the foreigner;
The foreigner shall apply for the substitution of his or her personal identity card within eight days following that of the occurrence of aforementioned reasons.
The application shall be submitted to the authority that has issued the document.
Obligation to Return Personal Identity Card
A foreigner shall return his / her temporary residence permit, temporary residence and work permit or permanent residence permit to the Ministry if those ceased to be valid, he / she was granted Montenegrin citizenship, or he / she is moving out of Montenegro.
Disappearance of Documents of Identity
In case of a disappearance of the document proving his / her personal identity, a foreigner shall without any delay notify the Ministry or the nearest diplomatic or consular mission of Montenegro. The authorities shall issue the foreign person a receipt confirming the disappearance of his / her identity document. The number of a missing document shall be announced in the “Official Gazette of Montenegro”. The expenses of the announcing shall be born by the foreigner.
Temporary Withholding of Documents for Personal Identification
A document for personal identification shall be temporarily withheld by the Police if:
- A foreign person is reasonably suspected of having committed a criminal offense for which he or she is prosecuted ex officio or of having violated the law; or
- It is required for the reasons of national security, public order or protection of public health.
The Police shall temporarily take away the document proving the identity of a foreigner who has not met his/her matured real estate - legal obligation, at the request of the competent court. A document shall be withheld for as long as the reasons for such an action exist. A document confirming the temporary withholding of documents shall be issued by the Police.