A foreigner can permanently reside in Montenegro on the basis of a permanent residence permit.
A permanent residence permit may be issued to a foreigner who lawfully resided in Montenegro for five consecutive years before submitting the application for a permit based on a temporary residence permit or approved additional protection in accordance with the law governing asylum.
Continuous residence shall mean a temporary residence during which a foreigner was absent from Montenegro several times for a total period of 10 months or six months continuously.
Exceptionally, permanent residence may be granted to an a foreigner who was granted temporary residence in Montenegro for less than five years continuously before the application, if so required by reasons of humanity, or would be of interest for Montenegro.
The time required for approval of permanent residence shall not include the time during which a foreigner was in Montenegro:
- temporary residence for the purpose of secondary education or study;
- temporary residence for the dispose to real estate that the foreigner owns in Montenegro;
- temporary residence approved for seasonal work and work of seconded workers;
A permanent residence permit may be issued to a child:
- whose both parents at the time of his birth have been granted permanent residence;
- if one of the parents at the time of his birth, is a Montenegrin citizen and has permanent residence in Montenegro or a foreigner who has permanent residence, with the consent of the other parent;
- whose one parent, at the moment of his birth, has a permanent residence permit, and the other parent is unknown or has died.
The Conditions for the Issuance of Permanent Residence Permit
A foreigner may be granted a permanent residence permit if he/she:
- has a valid foreign travel document;
- has not been legally sentenced to an imprisonment of more than six months for a criminal offense prosecuted ex officio in Montenegro, or the legal consequences of a conviction ceased;
- in the country of origin has not been legally sentenced to an imprisonment of more than six months for a criminal offense prosecuted ex officio, or the legal consequences of a conviction ceased;
- has the means of subsistence;
- has a health insurance;
- has a provided accommodation;
- there are no restrictions for reasons of national security, public order or public health.
The Form of a Permanent Residence Permit
A permanent residence permit is a public document by which a foreigner proves that he/she has been granted a permanent residence in Montenegro. The permit shall be issued in the prescribed form containing: Coat of arms of Montenegro, the name "Montenegro", the name of the permit, protective elements and spaces for theinput of personal and other data: last name, first name, personal identification number of a foreigner, gender, citizenship, day, month and year of birth, permit number, date of issuance, the validity date, a photograph, signature, name of the authority that issued the permit and machine-readable records. The entry of the data shall be done by the Ministry.
The Submission of the Application for a Permanent Residence Permit
An application for a permanent resident permit shall be submitted by a foreigner in person to the Ministry in the place of his residence, on the prescribed form.
At the moment of submission of the application for a permanent resident permit, the foreigner must have temporary residence approved.
Deciding on an Application for a Permanent Residence Permit
A permanent residence permit shall be issued by the Ministry, followed by the prior opinion of the Agency and the police about the existence of obstacles due to the reasons of national security or public order.
The Agency and the Police are obliged to deliver to the Ministry the opinion without any delay and not later than 60 days from a receipt of the request for an opinion.
If the Ministry receives no opinion within the prescribed period, it shall be deemed that there are no obstacles for the issuance of a permanent residence permit.
An application for a permanent residence permit issuance shall be decided within six months of filing a complete application.
A rejection of the application for a permanent residence permit shall be stipulated by a decision. An appeal may be initiated against the decision .
Validity Period of the Permanent Residence Permit
A permanent residence permit shall be issued for a period of five years.
A foreigner under the age of four years shall be issued a permanent residence permit for a period of two years. A foreigner shall, within eight days of the expiry of the permit submit a request for the replacement of a permanent residence permit.
The Rights of a Foreigner with Permanent Residence
A foreigner who is granted permanent residence in Montenegro has the right to:
- education and professional training;
- recognition of diplomas and certificates;
- social welfare, health and pension insurance;
- tax benefits;
- access to the market for goods and services;
- freedom of association, connecting and membership of organizations representing the interests of workers or employers. A foreigner shall be entitled to the rights in accordance with the laws regulating the manner of exercising these rights.
Termination of the Permanent Residence
The right of a foreign person to permanent residence shall be terminated if:
- the foreigner in Montenegro is validly sentenced to an imprisonment of more than six months for a criminal offense that is prosecuted ex officio;
- thus is required for reasons of national security or of public order;
- the foreigner has provided false information on the identity, or if it has been issued on the basis of false information about the foreigner;
- A security measure of deportation, a security measure of expulsion and a protective measure of expulsion from the territory of Montenegro was pronounced against this person;
- It is established that a foreign person moved out of Montenegro or continuously stayed in another country for a period longer than six months;
- He or she renounced his or her right to permanent residence;
- He or she was granted Montenegrin citizenship.
The decision on termination of permanent residence shall be issued by the Ministry. The decision determines the period during which the foreigner must exit from Montenegro, and in certain cases he/she may be imposed a denial of entry and stay in Montenegro from one to five years. The period of the entry denial shall be counted from the date of leaving Montenegro. Administrative proceedings may be instituted against the decision in question.
The Existence of the Obstacles in Terms of National Security
The existence of reasons, i.e. the obstacles in terms of national security shall be established by the Agency, upon which it delivers the opinion to the Ministry or the police, if not otherwise provided by this law. The reasons, i.e. obstacles in terms of national security exist if the person:
- Performs or having been performed the activities that could lead to the execution of crimes against humanity and other goods protected by international law;
- Performs the activities that could lead to the commission of criminal offenses against the constitutional arrangement and security of Montenegro;
- Belongs or belonged to organizations and groups that advocate violent change of constitutional arrangement or acts in a manner that endangers constitutionally determined human rights and freedoms;
- publicly advocated and spread the idea that incites national, religious or racial discrimination;
- belongs or belonged to organizations and organized crime groups that are preparing or committing crimes, or in any other way supports these organizations and groups;
- has or had a relationship or maintain a connection with persons who in an unauthorized manner collected the secrets and other information, terrorists, saboteurs, members of organized criminal groups or individuals that are reasonably suspected to belong to such groups;
- does not respect the state of Montenegro and its symbols, do not carry out the decisions of the courts, public administration authority and other bodies, and
- if other circumstances indicate that the person, upon the issuance of a temporary residence permit, a temporary residence and work permit and permanent residence permit would not abide by the legal system of Montenegro.
When the police or the Ministry issue a decision based on the opinion of the Agency that there are the reasons, the reasons for issuing the opinion does not comprise these ones.