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A foreigner may be granted a temporary residence and work permit if:

Temporary Residence for Employment

A foreigner can work in Montenegro on the basis of a temporary residence and work permit or work registration certificate, unless otherwise provided by the law.

A foreigner can perform in Montenegro only those activities that the temporary residence and work permit or work registration certificate was issued for, and only for the employer who employs him/her.

The employer can deploy the foreigner only to the activities that he/she was issued a residence and work permit or work registration certificate for.

In the business premises or place of work performance of a foreigner, the employer must have on disposal a copy of the permit to stay and work, or a copy of the work registration certificate of a foreigner who works for him.

The employer is obliged to notify the Ministry of the termination of the work of the foreigner, before the expiry of the residence and work permit, at the latest within eight days from the date of termination of the foreigner work.

The employer shall not employ or use the work of a foreigner who is illegally residing in Montenegro.

Without a permit for temporary residence and work or work registration certificate, a foreigner can work in Montenegro, if he/she has the following:

In the aforementioned case, a foreigner has free access to the labor market of Montenegro, unless a special regulation provides otherwise.

The employer must have on disposal in the business premises or place of work performance of the foreigner a copy of his/her temporary residence permit, or evidence of recognized refugee status or approved subsidiary protection.

An employer who employs a foreigner is obliged to notify the Ministry within eight days from the date of employment or the beginning of the work of a foreigner, or cessation of work.

The Purpose of the Temporary Residence and Work Permits

According to its purpose, the temporary residence and work permit may be issued for:

A seconded employee is a foreigner who, in a limited period of time is employed in Montenegro, which is not a state in which he/she regularly works.

The aforementioned permit refers to:

Limitation

The temporary residence and work permit for the purpose of employment and seasonal employment of a foreigner may be granted only if the records of the Employment Bureau of Montenegro (the Employment Bureau) have on disposal no unemployed persons eligible for employment in positions to which the permit relates; or the person registered with theEmployment Bureau refused employment on these activities.

Exceptionally, the restriction shall apply neither to the employment of the executive director of a foreign company registered in Montenegro and executive director of a foreign company with the founders of a company registered in Montenegro, nor to the foreigner with higher education holding a management position in such a company, i.e. the foreign entrepreneur who is self-employed, in accordance with special regulations.

The Conditions for the Issuance of a Temporary Residence and Work Permit for Employment and Seasonal Employment

The temporary residence and work permit for the employment and seasonal employment shall be issued to a foreigner who meets the requirements of the law, and submits the following as a proof of the justification of an application:

Confirmation of the Employment Bureau

An employer may give a written offer after receiving confirmation from the Employment Bureau that there are no evidenced unemployed persons eligible for employment in jobs at the offer, or the person registered with the Employment Bureau refused employment on these positions.

The certificate shall be issued no later than 30 days from the date of submission of the application for the issuance of certificates and valid for 60 days from the date of issuance.

More detailed method of issuing the certificate shall be prescribed by the state administration authority responsible for labor affairs.

Employment of a Foreigner

The temporary residence and work permit for the employment of a foreigner shall be issued with a validity period of one year.

The permit may be extended up to two years.

The employer is obliged to, within eight days from the date of issuance of the temporary stay and work permit for the employment, conclude with a foreigner an employment contract and report it to the compulsory social insurance, in accordance with the rules governing employment.

If the foreigner does not receive employment within the aforementioned period, the employer shall, not later than three days, notify the Ministry for the annulment of residence and work permit.

Seasonal Employment of a Foreigner

The seasonal employment of a foreigner means the employment for a definite period of time on the activities that are of a seasonal nature, where the need for labor force is much higher in a given period. The temporary residence and work permit for seasonal employment shall be issued with a validity period of six months within the period of one year.

The permit issued with a validity period of less than six months may be extended until the expiration of six months.

The employer is obliged to, within eight days from the date of issuance of the permit for temporary residence and work permit for a seasonal employment, conclude with a foreigner a labor contract and register him/her to the compulsory social insurance, in accordance with the rules governing the employment.

If the foreigner does not find an employment within the aforementioned period, the employer shall, not later than three days, notify the Ministry for the annulment of residence and work permit.

Delivery of Contracted Services by the Foreigner

A foreigner may provide the contracted services under the contract concluded between the foreign company and the legal entity with headquarters in Montenegro that the services are provided for.

Contracted services can be provided by a foreigner who is employed by a foreign company .

The Conditions for the Issuance of a Temporary Residence and Work Permit for Delivery of the Contracted Services

The temporary residence and work permit for the provision of the contracted services shall be issued to a foreigner who meets the requirements of the law, and provide as an evidence of the justification for the application, translated into Montenegrin language by an authorized translator, the following:

The temporary residence and work permit for the provision of the contracted services shall be issued with a validity period of one year and may be extended to the end of the service, or up to two years.

The Movement of Persons Within a Foreign Company

A foreign company may temporarily deploy its employee to work in a branch of a foreign company i.e. a foreign company founded by it and registered in Montenegro, provided that the foreigner in that foreign company has been employed for at least one year and he/she performs managerial activities or is employed as a specialist.

A manager is a person who performs managerial activities or is a member of a managerial staff of a foreign company or leads i.e. manages the organization unit or carries out the tasks of monitoring and control of employees or decides on the rights and obligations of employees in that company.

A specialist is a person who possesses special expertise required for the operations of a foreign company.

The Conditions for the Issuance of a Temporary Residence and Work Permit for the Movement of Persons Within a Foreign Company

The temporary residence and work permit for the movement of persons within a foreign company shall be issued to a foreigner who meets the requirements the law, and submit as an evidence of the justification for the application, translated into Montenegrin language by an authorized translator, the following:

The temporary residence and work for the movement of persons within a foreign company shall be issued with a validity period of one year and may be extended until the completion of works or up to two years.

The Annual Quota for the Employment of Foreigners

The annual number of temporary residence permits of foreigners (hereinafter: the annual quota) shall be determined by the Government, in accordance with migration policy, condition and movements in the labor market in Montenegro, at the latest by November 30 of the current year, for the next year.

The annual quota shall define the activities and occupations in which the foreigners may be employed or provide contracted services.

As a part of the annual quota, those are separately established the annual quotas for employment, seasonal employment of foreigners and delivery of the contracted services.

Determining the annual quota

The annual quota is determined on the proposal of the state administration authority responsible for labor affairs, with prior opinion of the Employment Bureau, public administration authorities responsible for particular activities for which the annual quotas are to be established and Social Council.

The Government may set a limit on the annual quota, increase the number or perform a rearrangement by purposes, if it is caused by changes in the supply and demand in the labor market or because of special conditions in individual industries.

The criteria and procedure for determining the annual quota are to be determined by the Government, upon the proposal of the state administration authority responsible for labor affairs.

The Work of a Foreigner regardless the annual quota

The permit for temporary residence and work regardless the annual quotas may be issued to a foreigner:

An Application for a Permit for Temporary Residence and Work

A foreigner who submits a complete application for a temporary residence and work permit before the expiration of the stay of 90 days may stay in Montenegro until the executive decision.

The Ministry shall issue a confirmation on a receipt of the application for a temporary residence and work permit, which shall contain the indicated time limit within which the applicant may take the permit.

The application form and the form of the confirmation shall be prepared by the Ministry.

An application for issuance of a permit for temporary residence and work shall be submitted by a foreigner in person to the Ministry in the residence place, on the prescribed form.

When submitting a request , a foreigner is taken from a photograph, fingerprints of two fingers and digitized handwritten signature. Exceptionally, an application for a permit for temporary residence and work can also be submitted to the Ministry by the employer in the intended stay of the foreigner, at the employer's seat in Montenegro or place of work of a foreigner. The certificate shall be issued for a period of five days.

A foreigner is obliged to, within five days from the date of issue of the certificate notifies to the Ministry in the application submission area so as to provide the aforementioned information . Otherwise, it shall be deemed that the employer withdrew the request.

A foreigner who has been issued a visa for a long-term stay (Visa D) for the purpose of employment, he/she is obliged to submit an application for a permit for temporary residence and work within ten days of the issuance of visas.

Deciding on an Application for a Tor temporary Residence and Work Permit

An application for a temporary residence and work permit shall be decided within 20 days of the date of filing of a complete application.

If an applicant for a temporary residence and work permit does not take over the permit no later than five days after the expiry of the deadline specified in the confirmation, he/she shall be deemed to have withdrawn his/her application.

An administrative dispute can be initiated against the decision rejecting the application for a temporary residence and work permit and because of no availability in the annual quota.

Application for Extension of a Temporary Residence and Work Permit

An application for extension of temporary residence and work permits shall be submitted by a foreigner or an employer to the Ministry in the foreigner's place of residence, the headquarters of the employer in Montenegro or place of work of a foreigner, not later than 30 days before the expiry of the temporary residence and work permit.

The application shall be accompanied by a valid foreign travel document or identity card of a foreigner issued by the competent authority of another state, and evidence justifying the application for a temporary residence and work permit, and if it has been five years after the date of a collection of the personal data, a foreigner shall be taken these data from again.

If an application for extension of a temporary residence and work permit is accepted, a temporary residence and work permit shall be issued with the new validity period of one year.

Termination of Temporary Residence and work Permit

The temporary residence and work permit ceases to be valid:

If the police, the labor inspectorate, employer or other authorities, within their jurisdiction, determine the existence of these reasons, those are obliged to inform the Ministry about the reasons for cessation of temporary residence and work permit.

The Ministry shall issue a decision on the termination of the validity of the temporary residence and work permit .

The decision shall determine the period during which the foreigner must exit from Montenegro, which may not be longer than 30 days, and may be imposed denial on entry and stay in Montenegro for a period of one to five years.

The period of entry denial shall be counted from the date of exit from Montenegro.

An appeal may be filed to the Ministry against the decision within eight days of receipt of the decision.

Cancellation of a Temporary Residence and Work Permit

The temporary residence and work permit shall be cancelled:

The decision to cancel the permit for temporary residence and work shall be enacted by the Ministry.

An appeal may be filed to the Ministry against the decision within eight days of receipt of the decision.

The enforcement of a decision shall not be postponed by an appeal.

Confirmation of Work Registration

Based on the issued confirmation of work registration in Montenegro the foreigners who can stay and work up to 90 days within a period of one year are those who:

Legal and physical entities who use the services of foreigners shall have concluded a contract or other evidence of the performance of services with the foreign employer who directs the foreigner to work in Montenegro.

Prior to commencement of work of a foreigner , legal and physical entities shall submit a report on the work of the foreigner to the Ministry, in the place of work performance or at the headquarters of the employer.

The Ministry has the obligation to issue to the employer or physical entity a confirmation of work registration within seven days.

On the basis of the issued work registration confirmation, the foreigners can perform the works for the same employer or recipient of services across the entire territory of Montenegro.

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