Temporary residence may be granted to a foreigner intending to stay in Montenegro for a period longer than 90 days for the purpose of:
- family reunification;
- secondary education or study;
- participation in programs of international student exchanges or other programs for the young;
- specialization, vocational training and practical training;
- scientific research work;
- medical treatment;
- humanitarian reasons;
- the right to have on disposal of immovable property owned in Montenegro;
- conducting religious services;
Temporary Residence Permit
With exception of work, a foreigner who is granted a temporary residence permit may stay in Montenegro in accordance with the purpose for which his/her temporary stay was granted.
A foreigner may be granted a temporary residence permit if:
- he/she has means of subsistence;
- he/she has provided accommodation;
- he/she has health insurance;
- /she has submitted evidence justifying of the application for a permit issuance;
- he/she has a valid foreign travel document or identity card issued by the competent authority of another state;
- he/she was not imposed a prohibition on entry and residence in Montenegro;
- in Montenegro he/she 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;
- in the country of origin he/she 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;
- there are no restrictions due to the reasons of national security, public order or public health;
- she has submitted evidence of justifying the application for a permit issuance.
Temporary Residence for Family Reunification
A temporary residence permit for family reunification shall be granted to a foreigner who is an immediate family member of a Montenegrin national or a foreigner who was granted the status of a temporary resident in Montenegro.
An immediate family shall include: spouses, their children born in or out of wedlock, step children and adopted children, up to 18 years.
In the case of a polygamous marriage, family reunification shall be allowed only to one spouse.
Temporary residence permit shall not be issued to a family member of a foreigner who was issued a permit for residence and work for a seasonal employment.
Temporary residence for family reunification shall be granted for a term not exceeding one year or until the expiry of the temporary residence permit of the foreigner with whom the reunification was requested.
Temporary residence permit for family reunification may be extended when a Montenegrin citizen has died, as well as in the case of termination of marriage that lasted in Montenegro for at least three years.
Marriage of Convenience
Temporary residence for family reunification shall not be granted to a foreigner if it is determined that the marriage has been concluded to gain benefits.
Marriage of convenience is considered to be the marriage that was entered into with the intention to achieve the entry or residence of a foreigner in Montenegro, contrary to the requirements stipulated by the law.
Circumstances that may indicate that the marriage was concluded to gain benefits are:
- spouses do not maintain the marital community;
- the spouses fail to fulfil obligations arising from marriage;
- the spouses did not get to know each other before the conclusion of marriage;
- the spouses do not provide accurate personal data;
- tangible assets were given to conclude the marriage, and not as a custom of giving dowry, when the spouses come from the countries where there is a custom of giving dowry;
- there is an evidence that a marriage of convenience was previously concluded by the spouses, either in Montenegro or in a foreign country.
Temporary Residence for High School or Higher Education
Temporary residence permit for the purpose of high school or higher education may be granted to a foreigner provided that the requirements of the law are met, with a certificate of studying or attending university enclosed as a proof of legitimacy of the application for temporary residence.
The temporary residence permit may be extended for a period not longer than two years after the expiration of the actual period of education, i.e. university attendance.
For the granting of temporary residence permit to a minor foreigner, for the purpose of secondary education, an approval of his/her parent, foster parent or legal representative shall be required.
Temporary Residence for Participation in International Exchange Programs for Pupils and Students or Other Programs for the Young
A foreigner who comes to Montenegro to participate in programs of international exchange of pupils or students or other youth programs may be granted temporary residence permit if the requirements of the law are met, and if the following is enclosed as a proof of legitimacy of the application for temporary residence permit:
- confirmation of the public administration authority i.e. institution responsible for the implementation of ratified international treaties on the exchange of high school or university students, confirming the participation of foreigners in international exchange programs,
- confirmation of a competent authority or institution on financing the costs of education or study, support, accommodation, health insurance and the costs of repatriation of a foreigner back to the country of his/her nationality.
For the granting of temporary residence permit an approval of his/her parent, foster parent or legal representative shall be required.
Temporary Residence for Specialization, Professional Training or Practical Training
The temporary residence permit for the purpose of specialization, professional training or practical training may be granted to a foreigner who meets the requirements of the law, and who files a certificate issued by a competent authority, institution or other legal entity in Montenegro approving the specialization, professional training or practical training, as well as a program establishing the duration of his/her stay, as a proof of legitimacy of the application for temporary residence.
Temporary Residence for Scientific Research Activities
Temporary residence permit for scientific research activities may be granted to a foreigner who meets the requirements of the law, and who submits a contract concluded with a scientific research institution or higher school institution, or another legal or physical entity proving the legitimacy of the application for temporary residence permit.
Temporary Residence for Medical Treatment
Temporary residence permit for medical treatment in Montenegro can be granted to a foreigner who meets the requirements of the law, and who submits a certificate issued by the health institution where he/she will be treated, including the time required for the treatment, proving the legitimacy of the application for temporary residence. The temporary residence permit may be extended for the time required for the treatment of the foreigner.
Temporary Residence for Humanitarian Reasons
Temporary residence permit for humanitarian reasons may be granted to:
- a foreigner who is assumed to be a victim of a criminal act of human trafficking or victim of the offense of domestic violence or violence in the family union;
- a minor foreigner who was abandoned or was a victim of organized crime, or for other reasons left without parental care or unaccompanied;
- a foreigner from particularly justified humanitarian reasons.
The temporary residence permit issued due to the humanitarian reasons shall be issued on the basis of adequate evidence of an international organization, non-governmental organization or state authority that provides to the foreigner a support and protection, or an evidence of the competent state authority, which confirms that the foreigner cooperates in resolving process of the offenses.
The Rights of a Foreigner Issued a Temporary Residence for Humanitarian Reasons
A foreigner who has been issued a temporary residence permit on humanitarian grounds has the right to an accommodation, health security, education, employment and financial support, in accordance with the law.
A foreigner for whom the police determined to had been the victim of a crime of trafficking in human beings has the right to decide within 90 days if he will cooperate in the criminal proceeding, i.e. whether he will join the prosecuting or will be a witness in that process (reflection period).
The police shall determine if a foreigner is a victim of a crime of trafficking in human beings, in cooperation with the authorities, non-governmental and other competent organizations, i.e. those performing prevention, education, reporting and prosecution of offenders and protection of victims of trafficking in human beings, and, in the case of underage foreigner, withthe Centre for Social Work.
The Protection of a Foreigner Issued a Temporary Residence for Humanitarian Reasons
A foreigner issued a temporary residence for humanitarian reasons shall not be forcibly removed because of illegal entry or residence in Montenegro.
A foreigner for whom there is reasonable fear that by giving a statement he/she could be exposed to danger to life, health, physical integrity or liberty, shall be provided with physical protection and rights under the provisions of the law governing the protection of witnesses.
An underage foreigner for whom it was established that had been the victim of the crime of trafficking in human beings will not be returned to any state, if, after a risk and his/her security estimation, there are circumstances that indicate that such a return would not be in his/her best interest.
Temporary Residence for the Exercising of the Right to Dispose of Real Estate
Temporary residence permit for dispose of the right to real estate owned by a foreigner in Montenegro may be issued to a foreigner who meets the requirements the law, where the real estate certificate or other evidence in accordance with the law governing the real estate cadastre is submitted as an evidence justifying the request thus confirming theownership of real estate. The permit shall be issued for a period of one year.
Temporary residence for the purpose of performing religious services in Montenegro
The temporary residence permit for the purpose of performing religious services in Montenegro may be issued to a foreigner who meets the requirements of the law, where the confirmation that the religious community in which he/she intends to perform a religious service and religious affairs registered its activities and the seat in Montenegro, inaccordance with the regulations governing the legal status of religious communities, is provided as the evidence justifying the submitted request.
Application for Obtaining a Temporary Residence Permit
A foreigner shall submit in person an application for the temporary residence permit to the Ministry, at his/her place of residence.
With the application a foreigner is obliged to enclose all evidences justifying the reasons for applying for a temporary residence permit.
A foreigner who submits a complete application for temporary residence before the expiry of 90 days of stay may stay in Montenegro until the final decision.
Deciding on the Application
A permit for temporary residence shall be issued by the Ministry, subject to prior opinion of the National Security Agency (the Agency) and the police on 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 seven days from a receipt of the request for an opinion. If the Ministry receives no opinions within the prescribed period, it shall be deemed that there are no obstacles for the issuance of a temporary residence permit.
An application for a temporary residence permit issuance shall be decided within 40 days of filing a complete application.
Temporary residence shall be issued for a period not exceeding one year, unless otherwise provided by the law.
Extension of Temporary Residence
An application for the extension of temporary residence of foreigners shall be submitted in person, to the Ministry, at the place of residence, not later than 30 days before the expiration of a temporary residence.
The application shall be accompanied by a valid foreign travel document or identity card issued by the competent authority of another state, and an evidence justifying the application for issuance of a temporary residence permit; if five years passed from the date of collection of the data referred, a foreigner is asked for these data again as well.
In the case that the application for extension of a temporary residence permit is granted, the temporary residence permit shall be issued with a new validity period of one year.
Termination of Temporary Residence
Temporary residence of a foreigner shall be concluded if:
- The period of temporary residence expired;
- The grounds for which the temporary residence was granted ceased to exist;
- If a foreigner resides outside of Montenegro for a period longer than 30 days during the validity period off the temporary residence permit;
- If it is subsequently determined that the reasons for denial of entry exist, as referred to in the law;
- If a foreigner was issued a protective measure of expulsion or security measure of deportation from the country or protective measure of deportation of a foreigner from the territory of Montenegro;
- If a foreigner does not use his/her stay in Montenegro for the purpose for which it was granted;
- In the case where the foreigner obtained a temporary residence permit for family reunification, and subsequently it was determined that the concluded marriage was the one of the convenience;
- When the foreigner is qualified for permanent residence.
A temporary residence permit of a foreigner who resides outside of Montenegro for a period up to 90 days for justified reasons will not cease to be valid if a prior notification of his/her departure from Montenegro was sent to the Ministry.
The decision on termination of temporary residence permit validity shall be issued by the Ministry.
The decision defines a deadline up to which the foreigner must exit from Montenegro, and such a deadline may not be longer than 30 days, and he/she can be imposed a denial of entry and stay in Montenegro for a period of one to five years.
The period of a denied entry shall be counted from the date of leaving Montenegro.
An appeal may be filed against the decision to the Ministry within eight days from the date of receipt of the decision.