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of Economic Development and Tourism, Ministry of Labor and Social Welfare, Ministry
of Education, the Ministry of Foreign Affairs, the Police Directorate, the Directorate for Inspection
Affairs, the Directorate of Revenue and Customs, the Employment Office of Montenegro, the
Chamber of Commerce of Montenegro, the Union of Employers of Montenegro, the Red Cross of
Montenegro, the Community of Municipalities of Montenegro, the United Nations High Commissioner
for refugees (UNHCR) – Representations in Montenegro, the International Organization for Migration
(IOM) and the NGO Legal Center. The task of the Interdepartmental Working Group was to draft the
Law on Amendments to the Law on Aliens.
July 24, 2023
The public debate on the Draft Law on Amendments to the Law on Aliens began on June 1 and
lasted 40 days, ending on July 10, 2023.
REPORT ON THE CONDUCTED PUBLIC HEARING
Based on Article 15 paragraph 1 of the Regulation on the election of representatives of non-governmental
organizations to the working bodies of state administration bodies and the implementation of public hearings in
the preparation of laws and strategies (“Official Gazette of Montenegro”, No. 41/2018), the Ministry of Internal Affairs is 1.
THE DRAFT LAW ON AMENDMENTS AND AMENDMENTS TO THE LAW O
FOREIGNERS
The work program of the Government of Montenegro for 2023 foresees the drafting of the Law on
Amendments to the Law on Foreigners, in the 3rd quarter of 2023. In accordance with the
aforementioned obligation, the Ministry of Internal Affairs, based on Art. 12 and 14 of the Law on
State Administration (“Official Gazette of Montenegro”, No. 78/2018, 70/2021 and 52/2022), and
Article 9 of the Regulation on the Election of Representatives of Non-Governmental Organizations in
the Working Bodies of State Administration Bodies and Conducting a Public Debate in Preparation
of laws and strategies (Official Gazette of Montenegro, No. 41/2018), and after the procedure for the
selection of representatives of non-governmental organizations, on November 8, 2021, issued a
Decision on the formation of the Interdepartmental Working Group for the drafting of the Draft Law
on Amendments to the Law on foreigners.
Given that a new Regulation on the organization and mode of operation of the state administration
was adopted, as well as that, in the meantime, there were personnel changes in certain administrative
bodies, this decision was amended and a new Decision was adopted, 01 number: 078/21-
Montenegro
22667/2 of 21.07.2022. years. The members of the Interdepartmental Working Group are
representatives of the following institutions: Ministry of Internal Affairs, Ministry
Ministry of Internal Affairs
Directorate for Administrative Affairs, Citizenship and Foreigners
04Br: 040/23-31795/2
Machine Translated by Google

• Like a Bird Consulting d.o.o.
• Law office “Komneniÿ i partners”, Ankarski boulevard number 16,
  It is accepted
  As part of the Public Debate on the Draft Law on Amendments to the Law on Foreigners, two round
  tables were organized, namely, the first one was held on June 19, 2023. year in Hotel “AMI” in Petrovac
  (in cooperation with the Union of Employers of Montenegro), and the second one was held on June 29,

1. in Hotel “RAMADA” in Podgorica (in cooperation with the United Nations High Commissioner for
   Refugees (UNHCR).

• Leading Investments Consulting doo Podgorica – Center for
  Education, Translation and Publishing – Association of
  Business Women of Montenegro (Sanja Petroviÿ)
  The public was informed about the holding of the Public Hearing through the publication of a Public Call
  on the website of the Ministry of Internal Affairs and the e-administration portal (June 1, 2023).
• Natural persons – Kristina Novakoviÿ
  on
  Director Elmira Nasirova, Asgard Business Solutions DOO – Director Jurij ÿekmarev I First Line
  Softvare DOO – Country Director Timur Musaev
  In Article 18a paragraph 2
  in
  Remarks, proposals and suggestions on the Draft Law on Amendments to the Law on Aliens were
  submitted by:
  „
• Union of Employers of Montenegro
  Article 6 of the Draft
  Law
• PM Hotels d.o.o. 8Hotel Regent Porto Montenegro)
  In June 2023, issued a Public Invitation to conduct a Public Hearing on the Draft Law on Amendments
  to the Law on Aliens.
  Podgorica
  Explanation:
  Ministry of Foreign Affairs
• Adriatic marinas D.O.O. Tivat (Porto Montenegro)
  Link on the Public invitation: Invitation for a public debate on the Draft Law on Amendments to the Law
  on Aliens (www.gov.me)
  The proposed amendment to
  Article 18, paragraph 2, refers
  to the use of cases in the
  correct form, and is therefore
  accepted.
• Ministry of Foreign Affairs – Ministry of
  Public Administration – Ministry of
  Labor and Social Welfare
  Educo Centar
  Personal data entered in
  the VIS, data submitted in
  visa
  applications, issued,
  extended,
• Collective remarks from representatives of the following companies: Moja Porodica DOO –
  proposed changes explanation processor response
• United Nations High Commissioner for Refugees (UNHCR) – Representations in Montenegro
  (hereinafter: UNHCR)
• Voli Trade doo Podgorica
  We are asking the General
  Directorate for an amendment for consular affairs of the
  case, in the way that cooperation follows: with
  emigration, he proposed the introduction of a
  new article 18 a, which
  refers to the Visa
  Information System, and
  which would create a legal
  basis for
  O
  Machine Translated by Google
  i
  Paragraph 3 is amended to
  read:
  to
  with the proposed amendment,
  which prescribes that in the first
  the diplomatic-instance, consular
  representation decides on
  requests with a decision, and
  not with a resolution, which is a
  residual provision from the
  current Law on Foreigners. For
  this reason, the proposal is
  accepted.
  on
  Against the decision referred
  to in paragraphs 2 and 3 of
  this article,
  an appeal may be filed with
  the state administrative body
  responsible for foreign
  affairs, through
  the diplomatic
  consular representation, within
  for
  Article 9 Paragraph 3 in Article 9
  needs to be corrected as
  follows:
  It is accepted
  rejected, annulled and
  revoked visas, as well as
  the method of storing and
  using data, on the proposal
  of the state administration
  body responsible for foreign
  affairs, the opinion of the
  Ministry
  having been previously
  obtained,
  is prescribed by
  the Government.
  adoption of a special
  regulation (Regulation)
  which will regulate the
  procedure
  for the functioning of the
  VIS, the division of
  responsibilities of all
  authorities involved in the
  procedure of processing
  requests and issuing visas,
  taking
  biometric data,
  the method of communication
  and cooperation of all
  authorities involved in the
  procedure of issuing visas
  (MVP, DKP , MUP, ANB,
  UP), exchange of information
  at the level of Montenegro,
  exchange of information
  with other countries or
  international organizations,
  etc. In this regard,
  consultation with
  the Legislation Secretariat
  is required whether the
  proposed legal
  basis is sufficiently
  broad to include all of the
  above.
  Explanation:
  In Article 27, a two-tier
  system was introduced in
  such a way that, in the first
  instance, the
  diplomatic
  consular
  representation
  decides on
  requests by decision, and it
  is defined that in cases of
  representation,
  the diplomatic
  consular
  representation of another
  country is given the decision
  to reject the request for
  Linguistic adaptation of Article 27
  paragraph 3 with
  Machine Translated by Google
  designed
  The detailed method of
  submitting requests and
  documentation from paragraphs
  1 and 2 of this article, as well
  as the procedure for issuing
  visas, is prescribed by the state
  administration body responsible
  for foreign affairs.
  We suggest adding a new
  Article 21b
  for
  Apply online
  Ministry of Public Administration
  It is accepted
  We suggest changes
  Explanation:
  The Government of
  Montenegro, in Article 61 of the Law on Foreigners, adopted
  the Decision on Foreigners, which regulates the way of
  electronic administration for the formation of the Council
  Article 19 stipulates that the visa
  is issued by the state authority
  responsible for the
  administration of foreign affairs,
  which also prescribes the
  manner of issuing visas. In this
  regard, the Ministry of Foreign
  Affairs proposed introducing
  the possibility of online
  application in accordance with
  its legal competences, for which
  reason the proposal was
  accepted.
  Amendments to Article 61 of the
  current law
  21b
  of eight days from the date of
  receipt of the decision.
  It is accepted
  visa issuance and the
  reasons for the decision
  are
  submitted on a special
  form, the content of which
  is prescribed by the
  authority responsible for
  foreign affairs.
  A foreigner can apply for a
  visa online through a
  special web service for
  online application managed
  by the state administration
  body responsible for foreign
  affairs.
  Explanation:
  Reasoning:
  Article 8 of the Draft Law
  stipulates that, apart from
  in person and through an
  authorized legal entity, the
  visa application can also
  be submitted online. At the
  same time, the legal basis
  for the adoption of a
  special legal act was
  introduced, which will
  regulate the closer way of
  submitting applications
  and documentation, as
  well as the procedure for
  issuing visas in cases of
  A travel document, online application for visas.
  photograph, evidence of
  the purpose and conditions
  of transit or stay in
  Montenegro, and proof of
  payment of the administrative
  fee must be attached to
  the visa
  application.
  Article 61 paragraph 1 of the current
  Machine Translated by Google
  In accordance with the
  tasks established by the
  Decision on Education, the
  Council of
  Electronic
  Administration, among other
  things, has also discussed
  the issue of digital nomads
  in Montenegro on several
  occasions, since the
  Government of Montenegro
  in December 2021 adopted
  the
  Program for Attracting
  Digital Nomads until 2025,
  with Action plan for 2022.
  for
  The Law on Aliens stipulates that
  the application for the issuance
  of a temporary residence permit
  must be submitted in person to
  the Ministry in the place of
  residence, on the prescribed
  form, and a certificate will be
  issued.
  Considering the issue of
  digital nomads in
  We are of the opinion that in the
  coming period it is necessary to
  develop electronic services so
  that this, as well as other
  categories of foreigners,
  In Montenegro, at several
  sessions held consecutively,
  the Council for Electronic
  Administration is of the
  opinion that it is necessary
  to make changes to Article
  61
  enabled the electronic submission
  of applications for the issuance
  of permits, which is already
  possible in neighboring countries,
  and for that reason this remark
  was accepted.
  of the Aliens Act, which
  regulates the way of
  submitting applications
  in
  For this reason, paragraph 1 of
  Article 61 was amended to read:
  In Article 61, paragraph 1, after
  the words: “submit in person”,
  the words “or electronically” are
  added.
  submitting an application for
  the issuance of a temporary
  residence permit for
  foreigners, in a way that
  enables digital nomads to
  submit an application for the
  issuance of a temporary
  residence permit electronically.
  (“Official Gazette of
  Montenegro”, no. 73/22 and 30/23).
  for
  Tasks Council,
  according to the
  aforementioned decision,
  among other things, refer
  to the initiation of changes
  to existing legal regulations
  in the field of digitization
  and electronic administration,
  as well as proposing
  measures to harmonize the
  legislative and administrative
  framework in order to
  improve the
  development of electronic
  administration.
  We are of the opinion that it might
  be necessary to postpone the
  application of this provision until
  the technical assumptions are
  created.
  Machine Translated by Google
  Likewise, the Council for
  Electronic Administration has
  collected a comparative
  we are
  for
  Also, in accordance with the
  Action Plan for 2022, the
  Program for Attracting Digital
  Nomads
  until 2025, the Ministry of
  Public Administration has
  developed a website that will
  be informative and contain
  instructions and guidelines
  for digital nomads,
  in order to have all the
  information
  in one place about obligations
  and benefits in accordance
  with current regulations.
  the
  with
  Through the implementation
  of that site, technical
  conditions were created for
  the submission
  of an electronic request by a
  digital nomad, the Ministry
  of Internal
  Affairs would
  not have technical activities
  in that direction, but the
  Ministry of Public
  Administration provided that
  support. type
  for
  for the issuance of a
  temporary
  residence permit for
  foreigners, in such
  a way as to enable the digital
  nomad to submit an
  application for the issuance
  of a temporary residence
  permit electronically.
  Machine Translated by Google
  Article 26
  notch
  “evidence of acquired
  educational qualification,
  i.e. professional qualification;”
  It is accepted
  Article 28
  in
  Explanation:
  Seasonal employment of a
  foreigner, in the
  sense of the Law on
  Foreigners, means
  employment for a
  certain period of time for
  the purpose of performing
  seasonal work in activities
  of a
  seasonal nature.
  for
  to article 67 paragraph 1
  item 8 of the Law on
  Foreigners (“Official Gazette
  of Montenegro”, no. 12/18,
  3/19, 86/22) to be amended
  as follows:
  The permit
  for temporary residence
  and work for the purpose
  of seasonal employment is
  issued with a validity period
  of up to six months in a
  period of one year, and
  exceptionally can be
  extended for another two
  months with the same or
  another employer,
  Comment: we do not agree
  with the
  proposed
  addition of two new
  paragraphs, which are
  added after paragraph 2 in
  Article 69.
  It is a question of technical
  adaptation of the
  provision in the Draft Law, so
  for that reason the remark was
  accepted.
  It is not accepted
  on
  these
  Explanation:
  In this way, it simplifies
  the procedure for
  issuing these permits and is in
  favor of the prevailing practice,
  since mostly lower qualified labor
  force is represented on seasonal
  After the words: requests
  international
  protection” is added the
  words: “that
  is, from the date of
  submission of the request
  to determine the status of a
  stateless person”.
  solutions in terms of
  procedures for obtaining
  residence permits for digital
  nomads for EU countries,
  but also for Albania, where
  it takes place online, which
  we provide in the attachment
  for familiarization purposes.
  We are of the opinion that the
  proposal should be rejected and
  that foreigners who submit a
  request do not need to provide
  proof of the acquired qualification
  of the level of education, that is,
  the professional qualification for
  issuing a permit for temporary
  residence and work for the
  purpose of seasonal employment.
  Ministry of Labor and Social Welfare
  Article 28, which refers to
  Article 69 of the Law on
  Aliens:
  Proposal: in Article 69,
  paragraph 1, point 2 is
  changed to read:
  with
  Article 26, which refers to The proposer did not submit an
  explanation of his proposal
  for
  with
  Machine Translated by Google
  In relation to the permit for
  temporary
  residence and work for the
  purpose of employment,
  which is issued with a
  validity period of up to one
  year, and can be extended
  for a maximum of two
  years, the difference is in
  the duration of the permit
  for temporary residence
  and work, which is issued
  for the purpose of seasonal
  employment,
  and in the type of work
  which a foreigner should
  perform – seasonal work in
  activities of a
  seasonal nature.
  by the Labor Law (“Official
  Gazette of Montenegro”,
  no. 74/19, 8/21, 59/21,
  68/21, 145/21),
  which applies
  The remark that refers to the
  paragraph that defines the
  exception from paragraph 2 of
  this article, i.e. that the permit
  for temporary residence and
  work can be extended for up to
  two years to a foreigner who has
  signed part-time work contracts
  in the position of senior executive
  director with employers, is
  accepted and it is
  incorporated in Article
  70 of the current law.
  with
  After the issuance of the
  mentioned permits, the
  Law on Foreigners
  prescribes the same
  obligation
  for employers where
  foreigners will work.
  already
  The employer is obliged to
  conclude an employment
  contract with the foreigner
  within 24 hours from the
  date of issuance and
  register him for mandatory
  social insurance, in
  accordance with labor
  regulations.
  It is accepted
  Explanation:
  for
  whereby the validity period
  of the license cannot
  exceed eight months in a
  period of one
  year.
  jobs.
  already
  in
  for
  Machine Translated by Google
  Bearing in mind the
  above, one of the proofs
  that confirms that the
  employee meets the
  special conditions for
  establishing an
  employment relationship,
  both in the case of
  concluding an
  employment contract
  for an indefinite period
  of time, and in the case
  of concluding an
  employment contract
  for a fixed period of
  time, is proof of the
  acquired qualification
  of the level of education ,
  that is, professional qualification.
  in
  Therefore, we believe
  that no difference can
  be made in the evidence
  required for issuing a
  permit for temporary
  residence and work for
  seasonal employment
  employees who work
  on the territory of
  Montenegro for a
  domestic or foreign
  legal or natural person,
  including foreigners
  who work for employers
  in Montenegro, it is
  stipulated that an
  employment contract
  can be concluded by a
  person who meets the
  general
  conditions provided by
  this law and the special
  conditions provided by
  the law, other regulations
  and the act on internal
  organization and
  systematization of
  workplaces.
  Machine Translated by Google
  This should be specified in
  Article 70.
  We believe that the
  proposed new position
  should be deleted, which
  refers to the possibility of
  extending a temporary
  residence and work permit
  to a foreigner who has
  concluded part-time work
  contracts as an executive
  director with several
  employers.
  The proposer did not
  submit an explanation of
  his proposal
  We suggest the following:
  for
  In Article 70, a new one is
  added after paragraph 2
  Article 29 Article 29 which refers It is accepted
  Explanation:
  in relation to the evidence
  required for the issuance
  of a permit for temporary
  residence and work for the
  purpose of employment.
  Also, we believe that the
  proposed new position
  should be deleted, which
  refers to the possibility of
  extending
  the temporary residence
  and work
  permit to a foreigner who
  has concluded part-time
  work contracts as an
  executive director with
  several employers.
  to Article 70 of the Law on
  Aliens:
  Reason – Article 69 of the
  Law on Foreigners
  prescribes the conditions
  for issuing a permit for
  temporary residence and
  work, but not the conditions
  for its extension.
  The remark related to the current
  Article 70 of the Law on Aliens is
  accepted so that the entire Article
  70 of the Law is changed for the
  sake of precision.
  Machine Translated by Google
  We suggest adding five new
  articles after Article 75 (instead
  of after Article 71), which read:
  Gore
  for
  Article 75a
  Article 30
  Agency for
  the temporary assignment of
  employees that is registered
  outside of Montenegro
  The proposer did not submit an
  explanation of his proposal
  Gore can be assigned by a
  foreigner to an employer in
  It is accepted
  Montenegro (hereinafter: the
  user) on the basis of a mutually
  concluded agreement
  Explanation:
  for
  As one of the main reasons for the
  adoption of this Act is the transposition
  of Directive 96/71/EC of the European
  Parliament and the Council of
  December 16, 1996 on the posting of
  workers in the framework of the
  provision of services, Directive
  2014/67 of the European Parliament
  and of the Council of May 15, 2014.
  on the implementation of Directive
  96/71/EC on the posting of workers in
  the provision of services, Directive
  2018/957 of the European Parliament
  and of the Council of 28 June 2018
  amending Directive 96/71/EC on the
  posting of workers in the provision of
  services and Regulation (EU ) no.
  1024/2012 on administrative
  cooperation
  the position that reads:
  O
  “The
  temporary residence and work
  permit referred to in Article 66,
  paragraph 3 of this law can be
  extended for a maximum of two
  years for performing the duties
  of an executive director at
  several employers, in accordance
  with labor regulations.”
  “Assignment of a foreigner to
  an employer in Montenegro
  The proposed new paragraph,
  which follows paragraph 5 in
  Article 70, is unclear.
  (significantly different from the
  initial proposal that referred to
  the members of the Management
  Board and not to other
  employees).
  Gori works through an agency
  for the temporary assignment
  of employees, which is registered
  outside of Montenegro
  Machine Translated by Google
  O
  Gore
  The agency referred to in
  paragraph 1 of this article is
  considered the
  employer of the employee
  assigned to work in Montenegro.
  for
  Exceptionally from paragraph 2
  of this article, the beneficiary in
  relation to the assigned foreigner
  is considered the employer in the
  sense of the obligation to apply
  the regulations regulating
  protection and health at work.”
  a stranger
  (This text should be in place of
  the proposed Article 71e.)
  are
  Article 75b instead of the
  proposed Article 71d
  Amend that ch. 1, 4 and 5 in
  paragraph 1 as well as paragraph
  2 of the proposed Article 71d, so
  that they read:
  on
  1) an agreement on
  assignment of an employee
  with a foreigner, concluded
  Article 75b
  the Information through
  internal market system (“IMI Regulation”),
  and that the Ministry of Labor and Social
  Welfare creates a policy for the
  employment and work of foreigners in
  Montenegro, and that Article 14 of the
  Regulation on the Organization and Act
  of State Administration (“Official List of
  Montenegro”, No. 49/2022, 52/2022,
  56/2022, 82/2022, 110/2022 and 139/2022),
  it is prescribed that the Ministry of
  Social Affairs and Health, among others,
  performs administrative tasks related
  to labor and employment markets,
  wages and other incomes from work
  and on the basis of work, issuing work
  permits to employment agencies,
  preparing a proposal for determining
  the annual number of permits for
  temporary residence and work,
  harmonizing foreigners, domestic
  regulations within the framework of
  their jurisdiction with the legal acquis
  of the European Union, as well as that
  the Ministry of Social Affairs and Health
  for Negotiating is the coordinator
  Chapter 2 –
  ,
  Freedom of movement of workers and
  coordinator
  Negotiating chapter 19 – Social policy
  and employment, all suggestions on
  article 30 of the draft law were
  accepted.
  Conditions for issuing a permit
  for temporary residence and work
  for assignment to an employer in
  Montenegro
  O
  agreement on
  assignment of employees.
  Gori works through an agency for
  the temporary assignment of
  employees, which is registered
  outside of Montenegro
  Machine Translated by Google
  In the proposed Article 71a,
  paragraph 1, after the
  words: “foreign company”,
  a comma and the words:
  “that is, the agency from
  Article 75a of this law” are
  added.
  4) proof of the acquired
  qualification of the level of
  education, that is, the
  professional qualification,
  for the performance of
  tasks,
  determined by the agreement
  from point 1 of this paragraph;
  The permit from paragraph
  1 of this article is issued
  with a validity period of up
  to one year and can be
  extended for a maximum of
  two years.
  75d-proposed article 71b
  5) proof that he has at least
  one year of work experience
  for the performance of tasks
  determined by the agreement
  from point 1 of this
  paragraph.
  are
  In the proposed article 71b,
  paragraph 1, after the word:
  “foreign company”, a comma
  is added and the words:
  “that is, the agency from
  article 75a
  75c – proposed Article 71a
  between the agency and
  the user;
  Machine Translated by Google
  In paragraph 2 of this article,
  a comma is added after the
  words: “foreign company”
  and the words: “that is, the
  agency from Article 75a of
  this law”.
  technical adaptation of the text of
  the Draft Law
  The proposer did not submit
  an explanation of his
  proposal
  In paragraph 3 of this article,
  a comma is added after the
  words: “foreign company”
  and the words: “that is, the
  agency from Article 75a of
  this law”.
  to Article 79 of the Law on
  Aliens
  It is a question of legal –
  Article 31 which refers
  Proposal:
  technical adaptation of the text of
  the Draft Law
  with
  In Article 79, paragraph 2,
  the words: “from Article 73,
  respectively 75″ are replaced
  by the words:
  “from Article 69, 73, 75,
  respectively 75b”.
  In the proposed new
  paragraph, which is added
  after paragraph 2
  Article 31
  Article 32 which refers to
  Article 82 of the Law on
  Aliens
  The proposer did not submit
  an explanation of his
  proposal
  with
  It is accepted
  of this law”.
  Article 32
  75e-proposed Article 71c
  Explanation:
  It is accepted
  In the proposed Article 71c,
  paragraph 1, the words: “it
  is required that in the
  statement from Article 71b”
  be replaced
  by the words: “that is, the
  agency from Article 75a of
  this law is obliged to provide
  in the statement from Article
  71d”.
  It is a question of legal –
  Explanation:
  Machine Translated by Google
  We suggest that
  Therefore, the decision in
  question should be amended
  in such a way as to expand
  the circle of educational
  institutions whose documents
  are valid when it comes to
  verifying knowledge of the
  Montenegrin language in
  accordance with this Law,
  since there is no justified
  reason for the law to favor
  certain educational institutions,
  as it is the case now.
  Explanation:
  We are of the opinion that
  paragraph 3 of Article 88 should be amended, which could be
  expedient in the sense of: to unjustifiably favor higher education
  The role of the agency for
  the temporary assignment of
  employees has been excluded
  from the Draft Law this time
  as well, which is problematic.
  We are of the opinion that the
  proposal should be rejected
  because the Agency for Temporary AssignmeArticle 37
  O
  It is accepted
  in
  Explanation:
  on
  We are of the opinion that this
  remark should be accepted and
  licensed education organizers
  should be allowed
  to organize Montenegrin language
  courses for foreigners and to
  organize a Montenegrin language
  test for foreigners upon completion
  of the course, which would
  be a proof of submission for these
  persons when applying for
  permanent residence.
  The norm is included in the draft of
  this law, and in the next phase, the
  official position of the Ministry of
  Education on this issue will be
  requested.
  The verification of knowledge
  of Montenegrin language
  from paragraph 1 point 5 of
  this article is carried out by a
  public or private educational
  institution licensed for this
  purpose by the Ministry of
  Education or the competent
  authority for issuing licenses
  for training and verification of
  knowledge of Montenegrin
  language and foreign
  languages.
  in Article 82 of the Law, the
  words: “nostrification of
  the diploma on the acquired
  level of education and
  qualification” are
  replaced by
  the words: “recognition of a
  foreign educational document,
  that is, a foreign certificate”.
  The proposer did not refer to the
  Article of the Draft Law
  with
  the
  We suggest that a new
  paragraph be added to Article
  66, as an exception to
  paragraph 2 (that a foreigner
  can only work for an employer
  who
  Union of Employers of Montenegro
  institutions
  simultaneously
  discriminate
  against
  education providers that are
  established and licensed in
  accordance with positive regulations.
  It is not accepted
  Machine Translated by Google
  forces.
  Rights from work and on the
  basis of work are exercised by
  the employee at the agency. The
  employee is assigned to another
  employer (user) on the basis of
  an agreement concluded between
  the agency and the user. During
  the validity of the employment
  contract, the agency may assign
  its employee to several employers,
  for a period of time and for tasks
  determined by the said agreement.
  In general, the concept of
  “working only with the
  employer who employs
  him” conflicts with the
  provision of
  contracted services and
  the nature of business
  arrangements between
  economic entities.
  observing its purpose of
  existence, i.e. providing
  services within the
  framework of the
  predominant activity
  (primarily,
  assignment of employees
  on occasional and
  temporary and seasonal
  jobs).
  of employees perform the transfer
  of employees to perform work at
  another employer (user).
  If our proposal is accepted,
  it would require normative
  refinement, namely a
  special article (see Article
  100 of the Croatian Law on
  Aliens), due to the
  clarification of the situation
  in which evidence of the
  fulfillment of the
  requirements would directly
  relate to the so-called user,
  and which one
  ga
  We
  see no reason to make a
  distinction in this domain
  between domestic and
  foreign workers
  These agencies can carry out
  employee assignment work only
  on the condition that they perform
  these jobs as the only activity
  and that they have a work permit
  issued by the Ministry of Labor
  and Social Welfare.
  hot
  on the agency itself, with
  the essential obligation of
  the agency to submit the
  agreement on the
  assignment of the employee.
  The Law on Foreigners stipulates
  that a foreigner can work in
  Montenegro only in jobs for
  which he has been issued a
  permit for temporary residence
  and work, and only with the
  employer he employs. that the
  can Employer
  assign a foreigner only to jobs
  for which he was issued a
  residence permit and
  Agency for temporary assignment
  of employees is an employer in
  the sense of the Labor Law,
  which can conclude an
  employment contract with an
  employee for a fixed or indefinite
  period.
  employs)
  provided by the employee
  representation agency.
  Machine Translated by Google
  The Law on Foreigners
  stipulates that the
  Government of Montenegro
  determines the quota of
  permits for temporary
  residence and work on an annual baAn agency for the temporary
  transfer of employees,
  whose only activity it can
  engage in, can transfer its
  employee to another
  employer, who is registered
  for a certain activity that is
  not the activity of these
  agencies, but it can be any
  other activity. This means
  that the same agency can
  assign its employees,
  depending on their level of
  education and qualifications,
  to employers from different
  industries.
  for
  If it were possible to employ
  foreigners in these agencies,
  the possibility of monitoring
  in which activities
  employment permits are
  issued would be
  lost, because they would
  Enabling the
  employment of foreigners
  in agencies for the temporary
  assignment of employees,
  which hires for the purpose
  of assigning employees to
  another employer, would be
  contrary to the purpose for
  which the annual quota of
  permits was introduced and
  the definition of these two
  institutes in the Law exclude
  each other.
  rad.
  Machine Translated by Google
  A temporary residence and work
  permit for entrepreneurs and
  executive directors in companies
  in which they are the sole owners
  or owners of more than 51% of
  the capital can
  all
  extend as long as they
  meet the conditions from Article
  43 of this law (paragraph 3).
  Article 29 Respecting the
  arguments of the
  Ministry of
  Internal Affairs regarding
  the need to introduce such
  solutions, we still believe
  that they should be reexamined from the aspect
  of their correspondence
  with the legal system of
  Montenegro, in addition to
  general regulations on
  work and the problematic
  application in practice that
  is already looming.
  Article 70 of the current Law on
  Foreigners stipulates that a
  permit for temporary residence
  and work for the purpose of
  employing a foreigner is issued
  with a validity period of up to
  one year (paragraph 1).
  If the foreigner does not start
  work within the period referred
  to in paragraph 4 of this article,
  the employer is obliged to, no later than
  Review Article 29 in the
  part that amends paragraphs
  2 and 3 of Article 70 of the
  current Law
  It is not accepted
  The employer is obliged to,
  within 24 hours from the date of
  issuance of the permit for
  temporary residence and work
  for the purpose of employment,
  conclude an employment
  contract with the foreigner and
  register him for mandatory social
  insurance, in accordance with
  labor regulations (paragraph 4).
  The permit from paragraph 1 of
  this article can be extended for
  a maximum of two years
  (paragraph 2).
  with
  Explanation:
  expressed through the activities
  of agencies for the temporary
  transfer of employees, and not
  through the activities of another
  employer-user where the
  employee essentially works.
  Machine Translated by Google
  Explanation:
  The date of delivery of the permit
  may vary depending on when
  the permit is issued to the
  foreigner, so it cannot be defined
  on the permit because when the
  permit is created, the date of
  delivery of the permit cannot be
  entered subsequently.
  already
  i
  with
  However, paragraph 5 of Article
  69 of the current law was
  amended, so that it now reads:
  The proposer did not refer to
  the Article of the Draft Law
  On receipt of the application for
  the issuance of a permit for
  temporary residence and work,
  the Ministry issues a certificate,
  which specifies the deadline for
  the applicant to receive the
  permit, which is also the deadline
  for issuing the permit for
  temporary residence and work.
  We propose changes in
  paragraph 4 of Art. 70 and
  paragraph 4 of Art. 71 in the
  sense that the words “issuing”
  are replaced by the words “taking over”
  I don’t
  Among
  the documentation that the
  foreigner submits to the
  Ministry of
  Interior for the issuance of
  a residence and work
  permit, a written offer from
  the employer is submitted,
  which states the period of
  employment of the
  foreigner (date of starting
  work, duration of the
  contract). However, the
  MUP is “not guided” by
  the dates on the offer by
  the employer, but issues a
  residence and work permit
  to a foreigner with the date
  when the case is processed.
  datum
  Most often,
  the date
  of issuance of the permit
  and the date of obtaining
  the permit coincide, and in
  these situations it happens
  that
  employers
  retroactively register
  employees for insurance
  with the Revenue
  Administration, because
  the dates in the employment
  contract should match
  three days, inform the Ministry
  about it in order to cancel the
  residence and work permit
  (paragraph 5).
  This means that on the permit
  This proposal is not accepted
  because some employers
  conclude an employment
  contract with a foreigner and
  apply for the foreigner’s
  social mandatory
  insurance, on a part-time basis,
  so this is a type of restriction
  that prevents or abuses that
  practice. occur in
  The date of issuance of the
  permit is fixed and it is
  determined during the preparation of the on
  Partially accepted
  u za
  Machine Translated by Google
  Certain activities require
  the
  engagement of a person
  for a longer period, but it
  is enough for certain
  persons to work
  occasionally, for example
  a day or a couple of days,
  and not as is
  usual for
  seasonal jobs – a month
  or more. The former is the
  case, for example.
  agricultural
  activities, as shown by the
  practice of previous years.
  it is
  Also, certain persons, due
  to the proximity of the
  country where they live,
  do not want to stay in
  Montenegro (on the basis
  of a temporary residence
  permit), it is already easier
  for live them to
  in their own country, and
  for this reason, it is
  necessary that in Article
  85 paragraph 1 added the
  proposed item.
  In Article 78, paragraph 1, item
  8 of the Law on Foreigners
  (“Official Gazette of Montenegro”,
  no. 12/2018, 3/2019 and 86/2022),
  it is prescribed: “A permit for
  temporary residence and work
  beyond the annual quota can be
  issued to a foreigner residing in
  a neighboring country, who is
  employed or performs work in
  Montenegro and at least once a
  week returns to the place of
  residence (daily migrant),
  precisely so that these workers
  would be able to work in
  Montenegro.
  Seasonal jobs in live
  production do not
  on
  be entered the date of issue that
  is given on the certificate in
  which the term in which the
  applicant can take over the
  permit is determined.
  on
  for
  The proposer did not refer to
  the Article of the Draft Law
  In Article 85, paragraph 1,
  add a new point that could
  read: “who perform tasks
  in the agriculture, forestry
  and fishing sector”
  dates of validity of the
  residence and work permit,
  even though the foreigner
  was not employed during
  that period.
  Therefore, we propose to
  change one of the
  alternative solutions –
  It is not accepted
  the employer is obliged to
  conclude an employment
  contract within 24 hours
  of from the day
  receiving the temporary
  residence
  and work permit.
  Explanation:
  Machine Translated by Google
  according to the
  recommendations of the
  UNHCR, contained in the
  Manual on the Protection of
  Stateless Persons, all
  persons on the territory of
  Montenegro must have
  access to the procedure,
  regardless of their status,
  (irregular) way of entering
  the country and legality and
  length of stay in the country.
  In the 1954 Convention on
  the Status of Stateless
  Persons. there is no basis
  for imposing a time frame
  for applying or for legal
  residence in the country in
  order to
  Amendments to the Law, among
  other things,
  in
  was approached due to the
  necessary additional elaboration
  of the procedure for determining
  the status of stateless persons,
  based on the recommendations of
  the United Nations High
  Commissioner for Refugees
  (UNHCR) and the TAIEX mission
  of the European Commission from
  2021.
  the
  for
  Article 20
  The goal of the drafter of the law
  is to resolve the status, first of all,
  of all persons who in
  It is not accepted
  stay in Montenegro for a certain
  period of time, and in this sense it
  is defined that the request for
  identification of stateless persons
  can
  Explanation:
  Determining the status
  and issuing a travel document
  for a stateless person
  suffer a delay or prolongation
  of their execution,
  and when performing
  seasonal work in agriculture,
  there is a
  barrier in business and
  employment of foreign
  citizens through obtaining
  permits for temporary
  residence and work, the
  approval of which takes
  much longer than for the
  work performed at a given
  moment, which in the event
  that it is not ends within the
  period of immediately causes
  significant adverse
  consequences for the
  employer, irreparable
  financial damage.
  United Nations High Commissioner for Refugees (UNHCR) – Representation in Montenegro
  Article 58a paragraphs 2 and 3
  UNHCR proposes that the procedure for the deletion of these
  two paragraphs would be fair, efficient and in line with the
  text of the Amendments and Supplements
  to the Law.
  on
  Machine Translated by Google
  It is not accepted
  Explanation:
  citizenship from 1954.
  Explanation:
  Explanation:
  access
  This UNHCR
  recommendation is based
  on the
  recommended standard of
  proving that the applicant
  is NOT a citizen of a
  country, and not whether
  the applicant IS a citizen of
  a country.
  Evaluation of the evidence
  all
  Article 58d paragraph 2
  will
  With the
  recommended change,
  UNHCR believes that
  possible dilemmas during
  the application of the law
  will be removed from which
  authority of a foreign
  country the ministry can, if
  necessary, request help.
  Article 20
  for
  Adding this paragraph to
  Article 58d will ensure that
  the authority
  UNHCR suggests that
  this paragraph be
  amended to read:
  UNHCR suggests that this
  paragraph be amended to
  read:
  UNHCR proposes to add a
  new paragraph in Article
  58d, as
  In Article 1 of the Convention on
  persons without
  filed a request. Such a
  request would be
  particularly unfair, given
  that the lack of citizenship
  deprives many
  stateless persons of the
  documents necessary to
  legally enter or
  stay in any
  country.
  year, it was defined that a
  stateless person in the sense of
  this convention means a person
  who according to the legislation,
  no
  country considers to be its
  citizen, and for that reason this
  recommendation was accepted.
  Evaluation of the evidence
  submit a person who submits
  proof that he actually resided in
  Montenegro for at least three
  years prior to submitting the
  application or that members of
  his family from the member have
  citizenship of Montenegro,
  temporary or permanent
  residence in Montenegro, and
  for this reason this proposal is
  not accepted.
  Article 58d paragraph 1
  his own
  It is a question of legal –
  Article 20
  already
  Article 20
  “The Ministry
  shall
  consider the available
  evidence,
  including the
  testimony of the applicant,
  in order to reasonably
  determine whether the
  applicant is not considered
  a citizen of a country with
  which he has a reasonable
  connection, in the sense of
  paragraph 2 of this article,
  in accordance with the law
  of that country.”
  technical adaptation of the text
  of the Draft Law
  It is accepted
  status
  “The Ministry will, if
  necessary, request the
  of assistance the
  competent authorities of
  the states with which the
  applicant is connected by
  birth, family, marriage or
  previous habitual residence”
  It is accepted
  Evaluation of the evidence
  Machine Translated by Google
  for
  Article 58e paragraph 2
  Member of 58h
  Given that the proposal to delete
  paragraph 3 in Article 58a was not
  accepted (the request from
  paragraph 1 of this article cannot
  be submitted by a foreigner who
  has submitted an
  application for international
  protection in Montenegro or has
  been given a final decision on the
  application for international
  protection in Montenegro or has
  been approved or subsidiary
  protection in accordance with the
  law governing international and
  temporary protection of
  foreigners), for this reason this
  proposal is not accepted.
  stav 4, i to:
  Article 20
  With the proposed
  amendments, UNHCR
  believes that the person to
  whom Montenegro has
  recognized the status of a
  stateless person will
  automatically be issued an
  identification
  document that proves his
  identity and with which he
  will be able to exercise the
  rights that belong
  to him under this law in
  internal legal transactions. .
  The temporary
  residence permit referred
  to in paragraph 1 of
  this article is issued
  with a validity period of
  three years and can be renewed.
  Explanation:
  Explanation:
  status
  Given that there is no article
  59h in the text of the
  Amendment to the Law,
  UNHCR suggests that this
  article be harmonized with
  the article that was meant in
  this particular case.
  technical adaptation of the text of
  the Draft Law
  technical adaptation of the text of
  the Draft Law
  asylum
  Article 58d paragraph 4
  Article 20
  “A person who has the
  status of a stateless person
  is issued a temporary
  residence permit.
  which leads the procedure
  for determining
  a stateless person, in cases
  where there is a suspicion
  that the applicant may be a
  victim of persecution in a
  certain country, fully protects
  the rights of the applicant
  and does not expose him to
  a risk that may have serious
  exceptional consequences
  for that person.
  Technical
  harmonization of the text of
  the law
  Otherwise, you may end up
  in a situation where
  in
  “Under no circumstances
  will the ministry
  request assistance from any
  body of a foreign country if
  the applicant, during the
  procedure, highlights a wellfounded fear of persecution
  in that country, unless the
  final decision of the
  competent body determines
  that the applicant does not
  meet the requirements for
  any type of international
  protection, in accordance
  with a special law.
  It is accepted
  It is accepted
  It is a question of legal –
  A person who has the
  status of a stateless person
  can be issued a travel card
  UNHCR suggests that
  this article be amended to
  read:
  Deadlines
  It is a question of legal –
  Travel document and temporary
  residence permit for a
  stateless person
  Machine Translated by Google
  The temporary
  residence permit referred
  to in paragraph 1 of this
  article is a personal
  document proving that a
  person has obtained the
  status of a stateless person
  in Montenegro.
  Given the category
  Also, UNHCR believes that
  it is important that the period
  of validity of the temporary
  residence permit and the
  travel documents are
  harmonized and the same,
  in order not to get into a
  situation where the person’s
  status as a stateless person
  in Montenegro has expired
  and he continues to use the
  travel document that was
  issued to him issued by
  Montenegro.
  of the foreigners in question,
  The form of the travel
  document and
  permit for temporary
  residence
  is prescribed by the Ministry.”
  it is acceptable that the application
  for permanent residence is not
  accompanied by proof that
  Article 37
  the foreigner has permanent,
  regular and sufficient means of
  support; to have health insurance
  and to have accommodation
  provided.
  UNHCR proposes adding a
  new paragraph in Article 88,
  as paragraph 5, namely:
  “A foreigner who, until the
  date of submission of the
  application for the issuance
  of a permanent residence
  permit, has legally resided
  in Montenegro continuously
  for five years on the basis of
  a recognized person without
  status, citizenship
  in accordance
  with this
  Conditions for issuing a
  permanent residence permit
  According to the law, it does
  not have to meet the
  requirements from paragraph 1, points 2 to 4
  Article 88
  document, at his
  request, if he fulfills the
  requirements from Article 43
  paragraph 1 point. 6, 8
  and 9 of this law.
  in
  Montenegro recognizes a
  person as a stateless
  person, and issues a
  decision with that information,
  but that person does not
  meet the conditions for
  issuing a temporary
  residence permit and is not
  able to prove that the person
  to whom the status of a
  stateless person is
  recognized is citizenship,
  which would make the
  whole procedure pointless.
  It is accepted
  The travel document referred
  to in paragraph 3 of this article
  is issued with a validity
  period of three years and
  can be renewed.
  Explanation:
  Machine Translated by Google
  Article 90
  citizenship after submitting the
  application.
  We propose to make it
  easier to get a D visa for
  investors who start their
  own companies and
  Article 40
  Article 5
  determining
  the criteria that will facilitate
  obtaining this visa. At the
  moment, for people who
  start a business in
  Montenegro, and come
  from what some call “third
  countries”, and in fact they
  are countries with huge
  capital, knowledge and
  market, getting a D visa is
  the biggest obstacle for
  investing. Many people
  want to run their own
  business and do not want
  to have an executive
  director from Montenegro,
  and many of them do not
  want to live here, because
  they have
  It is accepted
  It is accepted
  We appreciate that the conditions
  for issuing a visa for a longer
  stay (visa D) provide enough
  opportunities to recognize
  applicants with serious business
  intentions in Montenegro.
  Explanation:
  Explanation:
  Namely, in addition to the
  mandatory documentation, the
  applicant can attach other
  evidence on the basis of which
  the justification of the visa
  application can be assessed.
  This proposal is accepted
  because it is logical that
  permanent residence will not be
  granted to a foreigner if his
  refugee status or additional
  protection or the status of a
  person without citizenship is
  revoked, that is, asylum or
  subsidiary protection or a person
  without
  basis
  O
  “Permanent residence will
  not be granted to a foreigner
  if his refugee status or
  additional protection or
  stateless status has been
  revoked, or asylum or
  subsidiary protection or
  stateless status has been
  canceled after the
  application has been
  submitted”
  very
  Comparative practice also does
  not recognize the possibility of
  introducing an easier way of
  applying for investors by
  prescribing
  “minimum founding capital”,
  “investment amount”, etc.
  Like a Bird Consulting d.o.o.
  of this article.
  and non-transparent
  often non-uniform, and it
  depends from embassy to
  embassy. Some embassies
  apply the provisions of the
  law and regulations literally,
  and some do not. Some
  require a certificate of
  criminal
  record when
  applying for a D visa, some
  do not. Some ask for a job
  offer, some don’t.
  UNHCR proposes to add a
  new paragraph in Article
  90, as paragraph 7, namely:
  Article 5 – Long-term visa Procedure for D visa stay D
  visa is at the moment of performing business activities
  The application processing
  time is also more than
  problematic, it sometimes
  takes up to six
  weeks. At the same time,
  the investor should
  establish a company, then
  apply for a D visa, and if
  he does not get it, then
  make a change in the
  company and
  possibly hire a local director.
  must
  Deciding on a request for a
  permanent residence
  permit
  status
  Certainly not the company
  Machine Translated by Google

already

can close, because the CRPS
does not allow it to be closed
until proof of no tax debt is
submitted. We suggest
establishing criteria under which
a foreigner can more easily
obtain a D visa if he is serious
about doing business in
Montenegro.
Setting criteria
for the
company’s minimum founding
capital, which is paid when the
company’s account is opened;
Setting the criteria of a minimum
investment
in the company,
which is paid
into the ESCROW account of a
commercial bank in
Montenegro
(following the example of money
for applications for economic
citizenship), and which can be
withdrawn when residence is
obtained and only to the account
of the established company; –
Additional benefits and faster
approval for investors who
prove that they have an active
company in their own or another
country, which they would prove
with an original extract from the
equivalent of the Central
Register of Companies in that
country
for
This can be done in several
ways:-
the country.
with
for
companies in other countries as
well. We are of the opinion that
such investors should not be
limited in their ability to come
and stay in
Montenegro.
Machine Translated by Google
-A new artificial increase
in real estate prices that
will affect our citizens as
well – just as the real estate
sales tax increase will be
passed on to the buyer,
the
limitation of the value of
the real estate on the basis
of which
residence
can be obtained will be
reflected in the increase in
prices, because there will
be less real estate sell at
a higher value and price
than is realistic. This will
obviously further affect the
increase in prices and the
availability of real estate
for Montenegrin citizens.
In light of this and the
previous year, as well as
the announced increase in
real estate sales tax starting
next year, we suggest not
introducing restrictions on
the value of real estate on
the basis of
which residence can be
obtained, for the following
reasons:
Namely, in 2022 alone, nearly
4,000 permits for temporary
residence were granted to these
foreigners, with no limit on the
value of real estate, so we are of
the opinion that the value of real
estate should be prescribed by
Government decree for the future
approval of these permits.
Residence based on the
use and disposal of the
right to immovable property
owned by a foreigner in
It is not accepted
Article 19 of the Draft Law
provides a legal basis for the
adoption of an act that will
prescribe more detailed
conditions and the method of
determining the value of real
estate that a foreigner must own
in order to be granted a temporary
residence permit for the purpose
of using and disposing of the
right to real estate.

• The issue of determining
  the value of the real estate
• which real estate value
  will be considered relevant
  and how will it be
  determined if the owner
  does not register
  Montenegro
  Explanation:
  already
  already
  and
  Given the significant
  increase in real estate
  prices in Montenegro
  Article 19
  Machine Translated by Google
  Article 70 of the current Law on
  Foreigners stipulates that a permit
  for temporary residence and work
  for the purpose of employing a
  foreigner is issued with a validity
  period of up to one year (paragraph
  1).
  In Article 29, delete paragraph
  2 which reads:
  In paragraph 3, after the
  words: “conditions from Article
  43 of this law, the words: “if
  they have at least three
  employees, who have
  concluded full-time employment
  contracts, of which one
  employee is a Montenegrin
  citizen”, are added.
  in
  will it make
  the process of regulating
  residence for people who are
  investors in Montenegro more
  complicated and more
  expensive?
  It is not accepted
  with
  when
  In a time of rapid movement
  of knowledge, capital and
  technology, we have many
  companies generating huge
  revenues and profits with
  very few or no employees.
  This means that IT experts
  who come to Montenegro
  can have successful
  companies with only one or
  possibly two employees.
  Montenegro benefits
  immeasurably from such
  individuals and companies,
  not only in terms of money
  flowing into our country, but
  also knowledge, attracting
  new investments and setting
  up new
  The permit from paragraph 1 of this
  article can be extended for a
  maximum of two years (paragraph
  2).
  Explanation:
  The permit for temporary residence
  and work for entrepreneurs and
  executive directors in companies
  in which they are the sole owners
  or owners of more than 51% of the
  capital can be extended as long as
  they meet the requirements of
  Article
  Article 29
  for stay immediately after
  shopping. For example, in
  cases
  where the
  owner owns the property for
  several years, and only then
  decides to apply for residence,
  because he wants to move
  to Montenegro. Is the
  purchase price taken as the
  value of the real estate, or
  should an
  estimate be made? If an
  estimate is made, how much
  Machine Translated by Google
  In order to take advantage of
  the large market of high-wage
  Western and EU
  countries when it comes to the
  elderly population, we propose
  introducing a new basis for
  temporary
  residence –
  with
  for foreign pensioners, following
  the example of
  already
  43 of this law (paragraph 3).
  Article 38 of the current Law
  in
  Introduction
  of the basis for temporary
  residence – for foreign pensioners.
  The employer is obliged to, within 24
  hours from the date of issuance of the
  permit for temporary residence and
  work for the purpose of employment,
  conclude an employment contract
  with the foreigner and register him for
  mandatory social insurance, in
  accordance with labor regulations
  (paragraph 4).
  It is not accepted
  If the foreigner does not start work
  within the period referred to in
  paragraph 4 of this article, the
  employer is obliged to inform the
  Ministry about this within three days
  at the latest in order to cancel the
  residence and work permit (paragraph
  5).
  Explanation:
  This proposal is not accepted because
  some employers conclude an
  employment contract with a foreigner
  and apply for the foreigner’s mandatory
  social insurance, on a partso this is a time basis,
  form of prevention restriction
  business
  standards.
  new ones
  The conditioning of
  companies that do not need
  employees to employ them will
  be just another business barrier
  that can repel serious investors.
  Montenegro will not live only
  from large companies and real
  estate, but precisely from these
  new ones, which do not even
  need employees. If such a rule
  has to be applied, then we
  suggest that the mandatory
  number of employees be
  lowered to two or one.
  that is,
  in practice. which abuses occur
  about foreigners
  Also, that in any case, part of
  the rule should not be that one
  of the employees be a
  Montenegrin citizen. The reason
  is again that we have a lot of
  specific technology companies
  that have specific requirements
  for employees, which they may
  not be able to
  find in the Montenegrin labor
  market.
  already
  The introduction of a new basis for
  temporary residence – for foreign
  pensioners is not in accordance with
  EU directives
  Machine Translated by Google
  temporary residence
  for digital nomads.
  Therefore, we propose
  to determine the
  criteria according to
  which foreign
  pensioners can obtain
  a temporary residence
  permit, which, like the
  permit for digital
  nomads, could last a
  maximum of 4 years,
  without the possibility
  of applying for
  permanent residence.
  We suggest that the
  minimum income be
  €2,000 (in letters: two
  or
  In the countries of
  North America and
  Europe, there is a
  large number of
  retirees who, for
  various reasons, want
  to move to other
  countries, such as
  Montenegro, which
  offer lower costs of
  living, but also a more
  favorable and safer
  lifestyle. At this
  moment, a pensioner
  in Montenegro can
  obtain
  residence by
  purchasing
  real estate by opening
  a company. However,
  this can also
  be complicated for
  certain people, who
  do not want to tie
  themselves to the
  destination with a
  property or a company
  (which they often don’t
  even need). There
  are also additional
  complications with inheritance on death, etc.
  for
  Machine Translated by Google
  It is necessary to amend the System that allows paragraph 4
  in Article 70 to read:
  The employer is obliged to,
  within 24 hours from the day
  of issuing the permit for
  temporary residence and
  work for the purpose of
  employment,
  conclude an
  employment contract and
  register it with the mandatory
  social insurance, in
  the official who approves
  residence and work permits
  enters the date of validity of
  the permit, it is already the
  automatic date of approval
  and the first day of validity of
  the permit, it is very
  impractical. The chances of
  the dates matching are really
  small. Except it happens that
  on
  euros
  a foreigner
  on
  Article 29 It is not accepted
  Explanation:
  thousands per month) or
  more, and the relevant
  records of the national or
  private pension fund, as well
  as bank statements, are
  taken as proof of income.
  Also, as an additional
  measure, we suggest that
  the foreigner submit proof of
  insurance or its equivalent,
  which in the event of the
  foreigner’s death in
  Montenegro would include
  the provision of transportation
  costs to the home country.
  Also, considering the situation
  with EU
  migration requirements, this
  basis for residence could be
  applied only to countries with
  which Montenegro has a visafree regime or even only to
  EU countries, Great Britain,
  USA, Switzerland, Canada,
  Australia , New Zealand and
  Japan.
  This proposal is not accepted
  because the date of issuance of
  permits is fixed and it is determined
  during the preparation of the permit.
  PM Hotels d.o.o. (Hotel Regent Porto Montenegro)
  The date of delivery of the permit
  may vary depending on when the
  permit is issued to the foreigner,
  so it cannot be defined on
  Machine Translated by Google
  Amendments provided for in In order to better understand
  Article 11 of the Law on Amendments and Avoidance of
  Various Supplements, which amend paragraph 2 of Article
  34 of the 180-day period of the current law to which the
  amendments referred to in paragraph 2 are not clearly
  defined and determined
  already
  Article 19 of the Draft Law provides
  a legal basis for the adoption of
  an act that will prescribe more
  detailed conditions and the
  method of determining the value
  of real estate that a foreigner must
  own in order to be granted a
  temporary residence permit for
  the purpose of using and
  disposing of the right to real
  estate.
  Article 34 relations, we
  believe that it is necessary
  to reformulate
  the provision in question in
  an unambiguous
  way. Namely, the proposed amendment
  was taken from Article 6 of the
  aforementioned Regulation.
  Heights
  permit, because when the permit
  is created, the date of delivery of
  the permit cannot be entered
  subsequently.
  It is not accepted
  se na
  with
  Explanation:
  Heights
  this
  Article 19
  Namely, in 2022 alone, nearly
  4,000 temporary residence permits
  were granted to these foreigners,
  with no value limit
  Article 11
  The amendments provided
  for in Article 19 of the Law
  on Amendments, which add
  a new paragraph to Article
  56 of the current law,
  introduce and call for the
  determination of the value
  of real
  estate owned
  by a foreigner
  in Montenegro based on the
  use for which he is granted
  temporary residence.
  It is not accepted
  in accordance with labor
  regulations.
  The context
  of the intentions of the introduced
  changes is not entirely clear.
  the permit is issued earlier,
  it happens that it is issued
  later than what is written in
  the confirmation received
  when applying for residence.
  Knowing that employment
  contracts must correspond
  to the dates in the permit is
  a real problem for employers.
  Explanation:
  The legislator in
  Article 56 of the current law
  nowhere mentions the
  necessity of determining
  the value of the
  immovable
  property that
  a foreigner owns in
  Montenegro and based on
  the use of which immovable
  property he is granted
  temporary residence.
  Therefore, the introduction
  of a new position that
  determines and calls for the
  conditions and method of
  determining the value of
  immovable property will be
  prescribed by the
  Government is unclear. It’s
  not
  Leading Investments Consulting d.o.o. Podgorica
  The proposed changes relate to
  the harmonization of the Aliens
  Act with the EU Regulation on the
  Union Code on the rules governing
  the movement of persons across
  the border (Schengen Borders
  Code).
  in
  Machine Translated by Google
  it is
  It is accepted
  for
  Article 28
  Explanation:
  for
  The amendment in Article
  28 of the Law on Amendments,
  which states the possibility
  of extending the permit for
  temporary residence and
  work, and refers to Article 69
  of the current law, does not
  correspond to the context
  and matter regulated by that
  article.
  Article 29
  It is not accepted
  It is accepted
  Article 29 of the Law on
  Amendments proposed
  changes to Article 70 of the
  current law, which regulates
  the validity and the possibility
  of extending temporary
  residence and
  work permits.
  Explanation:
  Explanation:
  The aforementioned provision
  is unclear in itself because it
  cannot be concluded with
  certainty how long a foreigner
  can stay in Montenegro
  based on a residence and
  work permit (whether the
  interpretation of 1+2=3 years
  is the maximum validity of a
  permit for temporary
  residence and work).
  The second part of this proposal
  is not accepted because some
  employers conclude employment
  contracts and
  applications of foreigners for
  mandatory social insurance, on a
  part-time basis, so
  a
  Additionally,
  the proposed changes
  introduce inequality between
  full-time and part-time
  employment, which is
  contradictory
  a foreigner
  A remark related to Article 28 of
  the Law on Amendments to the
  Law on Foreigners, i.e. to the
  current Art. 69 and 70 of the Law
  on Foreigners is accepted.
  clear purpose of such
  change, because the
  legislator
  prescribes the minimum
  value of real
  estate as a condition for
  obtaining temporary
  residence.
  We suggest deleting the
  proposed changes and
  unambiguously
  defining the
  maximum validity of a permit
  for a foreigner’s temporary
  stay and work in Montenegro,
  including the possibility of
  extension.
  It is necessary to make the
  necessary corrections and
  adjustments,
  bearing in mind the provisions
  of Article 70 of the current
  law, which regulate the
  permits validity of
  for temporary residence and
  work where the proposed
  changes to the provisions
  have been made.
  It is changed for the sake of accuracy
  Article 29 amending Article 70 of
  the current law now reads:
  on
  real estate, so we are of the
  opinion that the value of the real
  estate for the future approval of
  these permits should be prescribed
  by Government decree.
  the entire article 70 of the law.
  The permit from paragraph 1 of
  this article can be extended for a
  maximum of two years, if the
  foreigner has a full-time
  employment contract (three years
  in total) and this is how the
  maximum validity of the temporary
  residence and work permit is
  defined.
  Machine Translated by Google
  Explanation:
  in
  basis
  that this is a type of limitation, ie
  prevention of abuses that occur
  in practice.
  O
  achieve
  Center for Education, Translation and Publishing
  Regarding one of the
  conditions that foreigners
  must fulfill in order to regulate
  their permanent residence
  in Montenegro, which is the
  possession of a certificate
  of knowledge
  of the
  Montenegrin language, we
  propose that the Law on
  Amendments
  to the Law on Foreigners
  specifies that a certificate
  issued by from educational
  institutions, organizers of
  adult education,
  which are licensed in
  Montenegro for
  the implementation of the
  Montenegrin language.
  O
  we are
  „
  O
  the rights provided by law,
  among other things, as proof
  of knowledge of the
  Montenegrin
  language, which is necessary
  for the regulation of
  permanent residence.
  Article 37
  with
  Organizers of
  adult education cooperate
  with many organizations for
  whose needs they organize
  courses and tests of
  knowledge of Montenegrin
  After obtaining a license to
  teach the Montenegrin
  language for licensed
  foreigners, the
  organizers of
  adult education in
  Montenegro
  organize Montenegrin
  language courses for
  foreigners and, after the
  course, organize a
  Montenegrin
  language test for Foreigners’
  Examinations. also organize
  for clients who need a
  licensed educational
  institution to determine their
  level of knowledge of the
  Montenegrin language.
  Based on the results of the
  exam, the
  examinee receives
  sides
  certificate on the level of
  knowledge of the
  Montenegrin language. That
  certificate serves the respondents to
  With the Labor Law, which
  completely equalizes the
  status of employed persons,
  regardless of the duration
  of working hours.
  The norm is included in the draft
  of this law, and in the next phase,
  the official position of the Ministry
  of Education on this issue will be
  requested.
  Educo Centar
  We are of the opinion that this
  remark should be accepted and
  licensed education organizers
  should be allowed
  to organize Montenegrin language
  courses for foreigners and to
  organize a Montenegrin language
  test for foreigners at the end of
  the course, which would
  be proof for these persons when
  applying for permanent residence.
  for
  It is accepted
  O
  classes
  Machine Translated by Google
  Licensed
  education
  organizers have not been
  informed that this practice
  has changed and since
  when.
  That is why there is no
  reason not to accept
  certificates on the level of
  knowledge of the
  Montenegrin
  language which, based on
  in
  Since obtaining the license,
  i.e. for years, the certificates
  of licensed organizers of
  adult education
  have been accepted both
  by the Ministry of Interior,
  and by educational
  institutions,
  faculties, and business
  entities in Montenegro and
  abroad.
  I would like to point out
  that the Educo Center from
  Podgorica has given its
  consent to the teaching of
  some foreign
  languages approved under
  the Educo
  programs in the High
  School in Kotor, as well as
  in the High School
  “Slobodan Škeroviÿ” in
  Podgorica.
  Since the organizers of
  adult education
  are, as a rule, private
  educational institutions,
  they can survive only by
  respecting the highest
  standards in the field they
  deal with.
  center
  languages: UNHCR, foreign
  embassies…
  Machine Translated by Google
  Certificate of business
  It is not accepted
  The proposer did not refer to
  the Article of the Draft Law
  The proposer did not submit
  company’s activities or his an explanation of the
  proposal
  Explanation:
  Seasonal permits –
  entrepreneur as one of the
  mandatory elements when
  extending permits for
  temporary residence and
  work in Montenegro, as well
  as a copy of the submitted
  tax return with a positive
  result
  O
  duration 120 days
  The proposer did not refer to the
  Article of the Draft Law
  The proposer did not refer to
  the Article of the Draft Law
  The proposer did not submit
  an explanation of his
  proposal
  It is accepted
  Mandatory company
  headquarters, which will be
  proven by a real estate
  listing or a lease agreement
  when the company is
  established
  The current Law on Foreigners
  stipulates that a temporary
  residence and work permit must
  be issued
  Explanation:
  The proposer did not submit
  an explanation of his
  proposal
  This proposal is accepted and
  of results
  to foreigners
  licensed
  organizers of
  adult education.
  This is not a matter of the Aliens
  Act, but this is a legal regulation
  that prescribes the registration of
  business entities
  examine, issue
  Article 82 paragraph 2 of the
  current law will read:
  It is not accepted
  Association of Business Women of Montenegro (Sanja Petroviÿ)
  Along with the request from
  paragraph 1 of this article, a valid
  foreign travel document or
  foreigner’s identity card issued
  by the competent authority of
  another country and proof of the
  justification of the request for the
  issuance of a permit for temporary
  residence and work, confirmation
  of the business activity of a
  company or entrepreneur, a copy
  of the submitted to a tax return
  with a positive result, and if five
  years have passed since the date
  of taking the data from Article 79,
  paragraph 3 of this law, those
  data are also taken from the
  foreigner.
  Explanation:
  Machine Translated by Google
  Explanation:
  already
  to
  with
  in
  The proposer did not refer to
  the Article of the Draft Law
  The proposer did not refer to
  the Article of the Draft Law
  Determine exactly in the law
  that the permit must have a
  date of submission plus e.g.
  8 days, because we have a
  problem with the date of
  issuance of permits, which is
  not realistically the start date
  of the worker’s work
  We will not solve the labor
  shortage with the mandatory
  3 employees, but with the
  positive business of
  companies whose founders
  are foreigners, we are only
  creating a false image of the
  solved unemployment issue
  in Montenegro.
  The proposer did not submit
  an explanation
  The proposer did not submit
  an explanation of his proposal
  your proposal
  This proposal is not accepted
  because some employers conclude
  an employment contract with a
  foreigner and apply for the
  foreigner’s mandatory
  insurance, social
  on a part-time basis, so this is a
  type of restriction that prevents or
  abuses that occur in practice.
  seasonal employment is issued
  with a validity period of up to six
  months in a period of one year.
  Paragraph 5 of Article 79 of the
  current law has been amended so
  that it now reads:
  Exceptionally, if the performance
  of seasonal work requires
  it, the permit from paragraph 2 of
  this article can be extended for
  another two months with the same
  or another employer, whereby the
  validity period of the permit cannot
  be longer than eight months in a
  period of one year, which means
  that a seasonal permit for a
  duration of 120 days can be
  requested
  It is accepted
  On receipt of the application for
  the issuance of a permit for
  temporary residence and work,
  the Ministry issues a certificate,
  which specifies the deadline for
  the applicant to receive the permit,
  which is also the deadline for
  issuing the permit for temporary
  residence and work.
  It is not accepted
  Explanation:
  Machine Translated by Google
  This is the matter of the by-law,
  the law defines only that a
  foreigner must give
  abuses that occur in
  practice.
  Collective remarks from representatives of the following companies: Moja Porodica DOO – Director Elmira Nasirova, Asgard
  Business Solutions DOO – Director Jurij Chekmarev and First Line Softvare DOO –
  The proposer did not refer to
  the Article of the Draft Law
  It is not accepted
  has the
  means to support himself
  Explanation:
  O
  Explanation:
  Article 29 paragraph 3
  The proposer did not submit
  an explanation of his proposal
  Adriatic marinas D.O.O. Tivat (Porto Montenegro)
  already
  Article 29 amending Article 70 of
  the current law now reads:
  for
  This means that the date of
  issuance will be entered on the
  permit, which is stated in the
  certificate, which specifies the
  period in which the applicant can
  collect the permit.
  It is accepted
  with
  Explanation:
  Article 29
  The added words in
  parentheses are necessary
  to clarify that the total period
  is three years, because now
  in practice there are different
  interpretations of whether it
  works
  maximum two or three years
  Delete the item from the law
  on the confirmation that the
  foreigner has means of
  support in
  the account, i.e. 3650e for
  the year because banks do
  not allow
  foreigners to open current
  accounts without a permit
  from the Ministry of Internal
  Affairs to work or stay in Montenegro
  It is not accepted
  with
  This proposal is not accepted
  because some employers conclude
  an employment contract with a
  foreigner and the application of
  the foreigner is mandatory
  State Director Timur Musaev
  Delete the proposed The proposed amendment to the
  amendment of paragraph 3 in will cause the opposite effect
  of Article 70 than the desired one, because foreigners will
  give up the establishment of
  business companies under
  such conditions
  social
  security, on a part-time basis, so
  this is a type of limitation or
  prevention
  After the word “up to two
  years” add in brackets (three
  years in total)
  The permit from paragraph 1 of
  this article can be extended for a
  maximum of two years, if the
  foreigner has a full-time
  employment contract (three years
  in total).
  Machine Translated by Google
  It is not accepted
  Explanation:
  with
  Explanation:
  The proposer did not refer to
  the Article of the Draft Law
  for
  Article 29, Article 70, paragraph
  4 is amended to read:
  Provide
  alternatives to mandatory
  employment of
  Montenegrin
  citizens, for example:
  or
  The permit for temporary
  residence and work for
  entrepreneurs and executive
  directors in companies in which
  they are the sole owners or
  owners of more than 51% of the
  capital can be extended as long
  as they meet the
  conditions from Article 43 of
  this law, if they have at least
  three employees who have
  concluded employment
  contracts full-time, one of whom
  is a Montenegrin citizen.
  make it
  possible to submit a
  request
  to the
  Employment Fund
  indicating the open position
  which for
  the foreigner is applying. If
  there
  are no suitable candidates
  in the employment
  fund, the
  candidate’s
  qualifications
  correspond
  to the qualifications he
  stated in the description,
  which is revealed during
  the interview
  with the employer
  it is
  in
  The proposer did not
  submit an explanation of
  his proposal
  on
  with
  This is not a matter of the Aliens
  Act
  for
  i

Article 29 paragraph 2

It is necessary to prescribe
a more unambiguous
wording regarding the
number of Montenegrin
citizens who must be
employed in a company
owned and
managed by a foreign
person: is it one employee
or every fourth employee
must be a citizen of
Montenegro or a person
with permanent residence
in Montenegro. In addition,
it is necessary to prescribe
an employment procedure
for monitoring the number
of people
We are of the opinion that the
provision is completely clearly
and precisely defined.
for
The proposer did not
submit an explanation of
his proposal
It is not accepted
on
Machine Translated by Google
for
It is not accepted
for
In the event of a longer
(more than 1 year) absence
from the employment fund
of candidates who meet
the
qualification requirements
for vacant positions,
consider the possibility of
monetary compensation
paid by the employer to the
insurance fund of
Montenegro or e.g. in the
form of a special tax.
for
Explanation:
Provide for the possibility
for employed foreign
nationals and their family
members to obtain
permanent residence in
Montenegro, for example,
with the fulfillment of
special conditions for the
condition of permanent
continuous residence, as
evidence of which the
following conditions can
act in isolation or in total:
receiving a salary of at
least 2000 euros per month
(?), working in one company
for at least 5 years, without
violations in the part
requiring presence on the
territory of the country,
without debt in terms of
paying tax obligations,
buying real estate in
Montenegro, permanent
residence or
The proposer did not refer to
the Article of the Draft Law
for
At the level of the European
Union, a special directive
regulates the immigration of
highly qualified foreign workers.
In an effort to attract foreign
highly qualified workers, Council
Directive 2009/50/EC prescribes
the conditions of entry and
residence of third-country
nationals for the purpose of
employing highly qualified labor
force, which prescribes more
favorable conditions for the
immigration and work of this
category of third-country
nationals. The term “highly
qualified workforce” is defined,
as well as the prescribed
conditions for the
issuance of the “EU Blue Card”,
the reasons for refusal
The proposer did not
submit an explanation of
his proposal
filling a vacant
position, then the relevant
document is attached,
which is accepted by the
Ministry of Interior when
submitting documents for
the extension
of the director’s residence
permit.
Machine Translated by Google
of the
Council 1030/2002, prescribed
working conditions based on the
“EU Blue Card”, prescribed
conditions for extending the “EU
Blue Card”, prescribed obligations
in case of change of
employer, prescribed access to
the rights of the holder
The proposer did not
submit an explanation of
his proposal
“EU blue cards”, prescribed
conditions for granting
members
It is not accepted
residence
of the
family of the holder of the “EU
Blue Card” and the rights that
belong to them, the
prescribed conditions for
granting permanent residence to
the holder of the “EU Blue Card”
and the reasons for the
termination of permanent
residence, the prescribed
provisions on the relocation of
the holder of the “EU Blue Card”
from one member state to another membeExplanation:
in
for
for
A permit for temporary residence
and work for the purpose of
employment is issued with a
validity period of up to one year,
and can be extended for a
maximum of two years.
for
with
The subject matter of this
directive is incorporated into the
current Law on Foreigners,
however, the application of these
provisions has been postponed
until Montenegro joins the EU.
performance of activities,
passed exam in the state
language.
After issuing the permit, the
employer is obliged to within 24
hours of the day
issuance, reasons for the
termination of validity and
procedural guarantees, the “EU
Blue Card” form is prescribed in
accordance with
The proposer did not refer to
the Article of the Draft Law
Regulation
Revise and optimize the
requirements of the Ministry
of Internal
Affairs for certification of
diplomas and documents
on education,
guided by the
principle of
necessity and adequacy.
Vocational education may
be a requirement for filling
a position in
Machine Translated by Google
it is necessary to
foresee the possibility of
hiring experts
based on the personnel
table approved by the
organization.
there is none
The proposer did not call for Consider
in
issue, conclude an employment
contract with a foreigner and
register him for mandatory
social insurance, in accordance
with labor regulations.
as
by the Labor Law (“Official
Gazette of Montenegro”, no.
74/19, 8/21, 59/21, 68/21, 145/21),
which applies to employees
who work on the territory of
Montenegro with domestic or
foreign or of a person, legal natural
including foreigners working
for employers in Montenegro, it
is prescribed that an employment
contract can be concluded by
a person who meets the general
conditions provided for in this
law and the special conditions
provided for in the law, other
regulations and the act on
internal organization and

systematization of workplaces.

Bearing in mind the above, one
of the proofs that confirms that
the employee meets the special
conditions for establishing an
employment relationship, both
in the case of concluding an
employment contract for an
indefinite period of time, and in
the case of concluding an
employment contract for a fixed
period of time, is proof of the
acquired qualification of the
level of education , that is,
professional qualification.
or Proposer
with
it is not
to
state bodies or state
institutions
of Montenegro, and also
in areas that have
extremely important
requirements for education,
such as medicine,
pedagogy, etc. In the case
of commercial firms,
educational requirements
express the presence of
these or those
competencies
and proven
experience in their use.
It is not accepted
In addition, with
the development of
distance education, it is
often impossible to provide
certified
documents
in the prescribed form.
on

• according to our
  experience, most IT
  experts
  have diplomas that confirm
  relevant education, and it
  is therefore necessary to
  ensure the
  possibility of their
  employment in IT jobs
  without appropriate
  education. Since
  currently most of these
  specialists are registered
  company
  managers.
  in
  Machine Translated by Google
  submitted the explanation of
  his proposal
  for
  Explanation:
  Explanation:
  in
  The proposer did not refer to
  the Article of the Draft Law
  This is not legal
  The proposer did not refer to
  the Article of the Draft Law
  Consider the possibility of
  issuing temporary residence
  permits/longterm visas (from 6 to 12
  months) that allow residence
  in the country, but do not give
  the right to work or use social
  services, based on the
  provision
  matter, but it is possible with the
  technical support of the Information
  Service
  The proposer did
  not submit an explanation
  of his proposal
  The proposer did
  not submit an explanation
  of his proposal
  technology of the MUP to implement
  this proposal, and we will certainly
  work on it in the coming period
  It is not accepted
  This remark is not in accordance
  with EU directives because there
  must be some legal basis for a
  foreigner to stay in Montenegro.
  already
  Explanation:
  In the current law, there are 13 legal
  provisions in Article 38
  O
  to the article of the Draft Law
  with
  enable the
  submission, through
  informational portals to the
  Internet, of
  a notification of
  a change of residence in
  Montenegro by a foreign
  person, because this condition
  represents an additional
  unjustified burden on the
  Ministry of the Interior of
  Montenegro. In addition,
  through these portals,
  scanned documents for
  obtaining a residence permit
  or permanent
  residence could be sent, and
  the originals could be
  submitted to check the
  accuracy of the information
  on a predetermined day and
  time, which
  would also help to significantly
  reduce the workload of the
  MUP employees and increase
  their effectiveness.
  for
  The set deadlines correspond to
  the decision deadlines for visa
  applications from comparative
  practice.
  Consider the possibility of
  making it easier for foreign
  citizens to obtain a D visa of
  Montenegro
  i
  It is not accepted
  Machine Translated by Google
  2) education;
  11) residence of stateless
  persons;
  The aforementioned Regulation will be
• the workload of the MUP
  will be significantly reduced
  This type of residence
  permit has several
  advantages: 4) specialization, professional
  training or practical training of
  foreigners;
  12a) stay of a digital nomad; and
  This is not a matter of the Law
  on Foreigners, but rather a
  matter of by-laws and their legal
  ones are left
  7) humanitarian reasons;
  Explanation:
  enactment
• revenues to the country’s
  budget will increase due to
  the payment of the
  residence tax.
  Temporary residence can be
  granted to a foreigner who
  intends to stay in Montenegro
  for more than 90 days, for the
  following reasons:
  9) performing religious services;
  The proposer did not refer to
  the Article of the Draft Law
  3) participation in international
  student exchange programs or
  other youth programs;
  a simplified set of
  documents, for example, a
  passport, a certificate of no
  criminal
  record, payment
  of health insurance and
  payment of the fee for the
  required months of the
  residence permit, as well
  as a copy of the rental
  agreement.
  12) work;
  The proposer
  did not submit an
  explanation of his proposal
• in most cases, there will
  be no need to register or
  use inactive companies
  that serve only
  to obtain a residence permit.
  5) scientific research work;
  13) in other cases in accordance
  with the law and international
  agreement.
  basis
  stem, i to:
  6) treatment;
  It is not accepted
  8) use and disposal of the right
  to immovable property owned
  in Montenegro;
  for
  1) family reunification;
  10) performing volunteer work
  within the framework of the
  European Voluntary Service;
  O
  Consider the possibility of
  drafting a general state
  regulation on the application
  of the provisions of the law
  on foreigners, a mandatory
  document that exhaustively
  interprets the requirements
  of the law in terms of
  supporting documents,
  deadlines and basic
  procedures.
  Machine Translated by Google
  We are of the opinion that one
  type of restriction should be
  introduced when issuing these
  permits because the number of
  foreigners who are granted
  temporary residence and work
  permits (so-called work permits)
  increases from year to year in
  Montenegro, in accordance with
  Article 78 paragraph 1 point. 4
  of the Law on Foreigners
  (“Official Gazette of Montenegro”,
  no. 12/2018, 3/2019 and 86/2022).
  Explanation:
  Namely, this article stipulates
  that a permit for temporary
  residence and work beyond the
  annual quota can be issued to a
  foreigner/executive director of a
  company and an
  entrepreneur, who are registered
  in Montenegro in accordance
  with the law regulating the forms
  of performing economic activities
  and their registration.
  Provide for the introduction
  of mandatory authorized
  capital of companies
  founded by foreign persons,
  the amount of which will
  directly depend on the
  activity, but at the same
  time be at least 1,500 euros
  (which is a guarantee for
  paying taxes, for example,
  for 1 year of the company’s
  existence) for small
  companies (1 director + 1
  employee) and from 3000
  for companies with a
  maximum of 10 employees.
  And so on while adhering
  to the progressive scale.
  The proposer did not refer to
  the Article of the Draft Law
  Article 29 of the Draft Law
  amends Article 70 and paragraph
  5 of this Article reads:
  Such basic capital would
  be a guarantee for the state
  regarding the fulfillment of
  tax obligations
  The proposer did
  not submit an explanation
  of his proposal
  basic The permit from paragraph 4 of
  this article can be issued to
  entrepreneurs and executive
  directors in companies in which
  they are the sole owners or
  owners of more than 51% of the
  capital if they have the mandatory
  authorized capital of the company
  of at least 1,500 euros.
  It is accepted
  binding for all departments of the
  Ministry of Internal Affairs of
  Montenegro
  Machine Translated by Google
  This is not a matter of the Aliens
  Act
  The proposer did not refer to
  the Article of the Draft Law
  for
  Provide for the introduction It is not accepted
  of a single tax on prescribed
  income for companies with
  less than 3 employees and
  turnover that is not
  During 2022, a total of 10,590
  temporary residence and work
  permits were approved
  outside the quota (the largest
  number of these permits were
  issued to parties/executive
  directors of companies), while
  from 01.01. – 08.05.2023. 4,489
  permits were approved on this
  basis, which is a large increase
  compared to the previous period,
  and we are of the opinion that
  the state should intervene in
  this way.
  Explanation:
  The proposer
  did not submit an
  explanation of his proposal
  for
  Also, Article 83 paragraph 3
  prescribes that the permit for
  temporary residence and work
  for this category of foreigners
  does not cease to be valid even
  if they have stayed outside
  Montenegro for more than 30 or
  90 days. In practice, we
  encounter situations where
  these foreigners generally do
  not reside in Montenegro (they
  apply for a permit or to
  extend their permit and leave
  Montenegro), that they are
  insured on a part-time basis,
  that these companies generally
  employ only one person, that
  have the right to family
  reunification, so a foreigner/
  executive e.g. the director who
  registered the company with €1
  can regulate
  temporary residence for a family
  of five and others.
  Machine Translated by Google
  Gori
  of Montenegrin citizens
  VOLI TRADE DOO PODGORICA
  This is not a matter of the Aliens
  Act
  The proposer did
  not submit an explanation
  of his proposal
  Explanation:
  Provide for the possibility
  of employing young
  specialists
  (trainees) of
  Montenegrin
  citizens for practice.
  faces work occasionally,
  for example a day or a
  couple of days, and not as
  usual
  It is not accepted
  The proposer did not refer to
  the Article of the Draft Law
  The proposer did not refer to
  the Article of the Draft Law
  In Article 78, paragraph 1, item 8
  of the Law on Foreigners
  (“Official Gazette of Montenegro”,
  no. 12/2018, 3/2019 and 86/2022),
  it is prescribed: “Permit for
  temporary residence and work
  It is not accepted
  Provide for the possibility
  of appointing banks with
  state
  accreditation, which, if the
  applicant meets the
  conditions, will unconditionally
  open personal and corporate
  accounts for foreigners.
  Banks that will accept
  founding contributions, as
  well as accept the same
  guaranteed amount of 3650
  euros, to confirm financial
  security (for example,
  students or property
  owners). Set an irreducible
  limit in this case.
  This is not the subject of the Law
  on Aliens, because this law
  regulates the conditions for the
  entry, exit, movement, stay and
  work of foreigners in
  It is not accepted
  It is not accepted
  exceeds 20,000 (?) euros
  per year
  add in Article 85, paragraph 1, point 19) Certain activities,
  which would require the following: foreigners who hire a
  person to perform work in the agriculture sector for a long
  period of time, it is sufficient that certain forestry and
  fisheries
  Article 34
  This is not a matter of the Aliens
  Act
  The proposer did not refer to
  the Article of the Draft Law
  a
  Explanation:
  Explanation:
  The proposer did
  not submit an explanation
  of his proposal
  it is
  it is
  for
  Explanation:
  Black
  Provide conditions for a
  legal entity to have a
  physical office, or introduce
  virtual offices, by analogy
  with other Balkan countries
  The proposer did
  not submit an explanation
  of his proposal
  on
  Machine Translated by Google
  Also, certain persons, due
  to the proximity of the
  country where they live,
  do not want to stay in
  Montenegro (on the basis
  of a temporary residence
  permit), but it is easier for
  them to live in their own
  country, and for this
  reason, it is necessary
  that Article 85 paragraph
  1 added the proposed
  item.
  seasonal
  jobs – a month or more.
  The former is the case,
  for example, with
  agricultural
  activities, as the practice
  of previous years has
  shown.
  Seasonal jobs in live
  production do not suffer
  from delay or prolongation
  of their
  execution, and when
  performing seasonal jobs
  in
  agriculture, there is a
  barrier to business and
  employment of foreign
  citizens through obtaining
  work permits, the approval
  of which takes much
  longer than for the work
  performed at a given
  moment, which in the
  event that is not completed
  within immediately causes
  significant adverse
  consequences for
  employers, irreparable
  financial damage, and with
  on
  in addition to the annual quota,
  it can be issued to a foreigner
  residing in a neighboring
  country, who is employed or
  works in Montenegro and
  returns to the place of residence
  at least once a week (daily
  migrant), precisely so that these
  workers would be able to work
  in Montenegro.
  in
  the
  Machine Translated by Google
  If he prescribes the time period
  for issuing an ID card, it would be
  impossible to enter
  In this case, there is a
  repetition of legal provisions,
  so it is necessary to adjust
  the legal text in this part.
  Explanation:
  Clarification of the provision
  modeled on the provision
  related to the travel document.
  with
  status.
  It is accepted
  This provision is in accordance
  with Article 15 point 1 of EU
  Regulation no. 810/2009.
  “Permanently”.
  Article 18 paragraph 2 of the
  valid law currently
  already provides for such a
  provision. Article 23
  paragraph
  1 of the current law, we
  suggest
  adding the text “or residence”
  after the text “in the country
  of origin”.
  Article 9 of the current ZOS
  stipulates that a travel
  document should be
  considered valid if it was
  issued within the last 10
  years.
  these
  It is not accepted
  Specifying the article in such
  a way that the foreigner can
  also return to the country
  where he resides, and not
  only to the country of origin.
  Montenegro for a certain number
  of foreigners from the countries
  of the region of older age who
  have a valid identity card
  on the other hand, it is not
  in the employees’ interest
  that due to legal barriers
  they cannot perform the
  jobs they want and that
  contribute to the improvement
  of their living conditions
  By amending
  and extending Article 18 paragraph
  1 in the part of the grounds for
  obtaining a D visa, the provisions
  coincided, which is why the
  proposal is accepted.
  right now
  Explanation:
  Law office “Komneniÿ i partners”, Ankarski boulevard number 16, Podgorica
  The draft specifies what is to
  be considered a valid identity
  card, while not specifying
  the period in which it was
  issued. Therefore, we believe
  that a certain adjustment
  should be made, i.e. specify
  what is considered a valid
  identity card in
  terms of the time period of
  issuance. Article 5 of the
  draft stipulates that visa D is
  issued for the purpose of
  staying a digital nomad.
  Article 4
  We are of the opinion that this
  way would lead to discrimination
  against the
  category of foreigners.
  on
  respectively
  It is not accepted
  Explanation
  Article 5
  Article 23 paragraph 1
  Machine Translated by Google
  We suggest that the
  provision be expanded in
  such a way that the method
  of issuing a visa will be
  explicitly prescribed in the
  event
  in that, yes
  particular, it is not possible
  to enter a form, as is the
  case with a travel document.
  Article 26
  in
  Need to clarify the provision.
  Article 9 of the Draft
  It is not accepted
  Article 9 of the Draft – Article
  27: We suggest that in
  paragraph 1, indent 1, the
  words “Or ID card” be
  added after the word “Travel
  document”, in order to
  include the situation when
  persons enter Montenegro
  on the basis of an ID card,
  in accordance with the
  current by the applicable
  law.
  Explanation:
  Specification of the provision
  Article 26 paragraph 1 stipulates
  that a visa is issued by entering
  a visa form into a valid foreign
  travel document, in the form of
  a sticker, while paragraph 2 of
  the same article prescribes the
  only exception to that rule when
  a visa is entered into the
  prescribed visa entry form if
  humanitarian reasons require it
  or national interest of Montenegro,
  and the travel document does
  not contain at least two blank
  pages or has not been issued in
  the last ten years. A foreigner
  who can enter Montenegro on
  the basis of a valid identity card,
  and in accordance with Article 2
  of the Regulation on the visa
  regime, upon entering
  Montenegro, has the possibility
  of directly regulating his stay.
  It does not comply with EU
  standards. Also, Article 26
  paragraph 1 prescribes that a
  visa is issued by inserting a visa
  form into a valid foreign travel
  document, in the form of a
  sticker, for which reason the
  identity card is not a relevant
  and binding document when
  applying for a visa. In addition,
  a foreigner who can enter
  Montenegro on the basis of a
  valid identity card, and in
  accordance with Article 2 of the
  Regulation on the visa regime,
  It is not accepted
  We propose this kind of
  clarification in all other parts
  in which of the draft
  the stay was absent.
  Article 26 of the currently
  valid law stipulates that a
  visa is issued by inserting
  a visa form into a valid
  foreign travel document in
  the form of a sticker.
  Explanation:
  Article 9 of the current law
  stipulates that certain
  citizens can enter the
  country with an identity card.
  this one
  Machine Translated by Google
  There is a legal basis according
  to which the body responsible
  for foreign affairs prescribes a
  closer method of submitting
  requests and documentation.
  Gore makes the decision”
  does not make sense
  because the request is not his
  Article 9 of the Draft Article 9 of Specification of the provision. the Draft –
  Article 27 paragraph 2:
  Article 21a of the Law
  stipulates
  the possibility of submitting
  requests in electronic
  form, and in Article 22
  that requests can be
  collected by an authorized
  legal entity.
  Regulated by international
  representation
  agreements.
  Here it remains unclear
  whether in this case the
  request goes directly to
  the Ministry of Foreign
  Affairs, because if so, it
  might be good to leave
  the provision as it is
  currently for these
  situations, and for
  situations in which the
  request is submitted
  through a
  diplomatic
  consular representation,
  leave a new provision.
  O
  Also, Article 20 stipulates
  that countries in
  which
  in
  Montenegro does not
  have a
  diplomatic
  consular
  representation, the
  representation of another country can represent it
  –
  Montenegro in the process
  of issuing visas at
  after entering Montenegro, he
  can regulate his stay according
  to the different bases prescribed
  by this law.
  It is not accepted
  why then
  the wording
  Explanation:
  “Diplomatic
  Consular
  Representation of Montenegro
  Machine Translated by Google
  Article 9 of the Draft which Technical arrangement of the
  member.
  It is not accepted
  Article 9 of the Draft
  It is accepted
  Explanation:
  Specification of the provision.
  Explanation:
  The proposed changes relate to
  alignment
  It is not accepted
  refers to Article 27 of the
  Law. of the current
  one. Considering that one
  member is being added, the
  alignment of the numbering
  was missed, so now referring
  to paragraph 2 and 3 does
  not make sense, that is, it
  does not match the content.
  It is necessary to harmonize
  the numbering.
  of the Law on Foreigners with
  Explanation:
  Considering that another correct
  paragraph was of added, the wording
  Article 27, paragraph 3 is: “Against
  the decision from paragraphs 3
  and 4 of this article, an appeal can
  be filed with the state administration
  authority responsible for foreign
  affairs, through the diplomaticconsular representation, within
  eight days from the date of receipt
  of the decision.
  The EU Regulation on the Union
  Code on the Rules Governing the
  Movement of Persons
  Regulated by the Law on Foreign
  Affairs.
  Article 11 of the Draft
  –
  taught.
  Article 11 of the Draft, which
  refers to Article 34 paragraph
  2 of the current Law, is
  unclear.
  The proposal is to add
  “representation representing
  Montenegro” in order to make
  the provision complete
  on
  It is not clear the intention of
  changing this article, since it
  is confused and
  Article 9 of the Draft – After
  paragraph 2, a new paragraph
  is added in which it also
  remains unclear which
  diplomatic
  consular
  representation of Montenegro
  (in which country) makes the
  decision that is delivered to
  the
  diplomatic
  representation of another
  country representing
  Montenegro, in accordance
  with the
  above, given that now the
  decision is not made by the
  Ministry of Foreign Affairs.
  Article 9 of the Draft
  Refinement and reformulation
  of the article.
  Machine Translated by Google
  Namely, the proposed amendment
  Article 12 of the Draft,
  which refers to Article 36 of
  currently the
  valid law, is amended and
  now in paragraph 2 it is
  prescribed that “The
  decision from paragraph 1
  of this article determines
  the deadline in which a
  foreigner
  must leave the territory of
  Montenegro and imposes
  a ban on entering and staying in Montenegro”
  Until now, it was possible
  to issue a ban on entry.
  is taken from Article 6 of the said
  Regulation.
  The proposed changes relate to
  the harmonization of the Aliens
  Act with the EU Regulation on
  the Union Code on the rules
  governing the movement of
  persons across the border
  (Schengen Borders Code).
  already
  Namely, the proposed amendment
  was taken from Article 6 of the
  aforementioned Regulation.
  ray
  Article 12 of the Draft
  Article 11 of the Draft
  Member customization.
  Clarification of deletion of
  this paragraph.
  It is not accepted
  It is not accepted
  incomprehensible and
  therefore leads to possible
  misinterpretation. The
  article should either be
  reworded in a
  way that will be clear or
  possibly leave the wording
  “counting
  from the day of first entry”,
  in accordance with the
  intention of the draft, which
  remains unclear.
  Explanation:
  Article 11 of the Draft which
  Explanation:
  The proposed changes envisage,
  as an exception, the possibility
  that a foreigner will not be
  banned from entering and staying
  in cases where there are
  humanitarian reasons or serious
  reasons of a personal nature.
  across the border (Schengen
  Borders Code).
  refers to Article 34
  paragraph 3 prescribes that
  it be deleted. It remains
  unclear why this article
  would be deleted, i.e. why
  the provision would be
  deleted that allows a
  foreigner who has stayed
  in Montenegro for 90 days,
  in accordance with
  paragraph 1 and 2 of that
  article, to be able to reenter and stay in Montenegro
  after the expiration of the
  time limit. period of 180
  days, counting from the day
  of first entry.
  must
  Machine Translated by Google
  Member customization.
  Article 12 of the Draft
  Article 36 of the current Law on Aliens
  already stipulates that an appeal
  against a decision on cancellation of
  residence postpones the execution of
  the decision.
  It is not accepted
  Clarification of
  the adjustment of the member.
  it is
  Explanation
  i
  a stranger
  right now
  It is not accepted
  The proposed changes stipulate that,
  as an exception, the ban on entry and
  stay will not be imposed if the
  foreigner submits proof of humanitarian
  reasons, that is, serious reasons of a
  personal nature.
  Explanation
  Until now, it was prescribed
  from 30 days to one year.
  in relation to Article 36 of the
  current
  law, it is amended and now
  stipulates that an appeal against
  a decision canceling residence
  does not delay the execution of
  the decision.
  We believe that it would be
  good to leave the old wording,
  so that the justification of
  imposing the
  length of this measure could be
  appreciated on a case-by-case
  basis.
  We believe that it would be
  good to leave the old wording,
  that is, to prescribe this as a
  possibility and not as an
  obligation, so that the justification
  of imposing this measure could
  be assessed on a case-by-case
  basis.
  The question arises, what
  happens if the foreigner leaves
  Montenegro, and the appeal is
  accepted?
  Article 12 of the Draft, which
  refers to Article 36 of the current
  law, is
  amended and now in paragraph
  3 it is stipulated that the time of
  ban on entry and stay is imposed
  for a period of 90 days to one
  year.
  Article 12 of the Draft which
  In this case, there would be
  potentially
  large material costs and
  Article 12 of the Draft
  with
  right now
  Machine Translated by Google
  Article 13 of the Draft which
  (“Official Gazette of Montenegro”,
  No. 67/2020) governs the
  conclusion and termination of a
  life partnership of persons of the
  same sex, keeping a register of
  partnerships, rights and duties
  of persons who have concluded
  a partnership.
  Member customization.
  Article 14 of the Draft
  It is not accepted
  Article 14 of the Draft, we
  believe that it is necessary
  to add the words “different
  sex” after the word “life
  partner”, in accordance
  with other provisions.
  Explanation
  Member customization.
  refers to Article 43 of the
  valid law currently
• in accordance with other
  legal provisions, we believe
  that it is necessary to add
  here that the travel
  document must have been
  issued within the last 10
  years.
  with
  Article 9 of the Law on Foreigners
  already stipulates that when
  entering Montenegro, a foreigner
  must have a valid travel document
  issued within the last ten years,
  so only such a document can be
  presented when applying for a
  permit.
  Our legislation does not recognize
  the life partnership of persons of
  a different sex, only the life
  partnership of persons of the
  same sex,
  It is not accepted
  whether the foreigner can
  return to Montenegro if the
  appeal is accepted, i.e.
  whether he has the right to
  compensation for damages
  and how his days of stay
  are counted, whether from
  the beginning, whether the
  days that have passed
  before are counted or not
  the time he was out of
  Montenegro?
  This is also important from the
  aspect of calculating the date
  of expiry of the permit.
  Explanation
  Article 13 of the Draft
  By the Law on Life Partnership
  of Persons of the Same Sex
  Machine Translated by Google
  Article 14 of the Draft
  specification in such a way
  that the criteria will be
  determined based on which
  spouse will be approved if
  more than one applies. In
  this way, the provision
  remains incomplete. Article
  16 of the Draft which refers
  to Article 46 of the
  current law – it is necessary
  Our legislation does not recognize
  life partnerships of persons of
  different sexes, only life
  partnerships of persons of the
  same sex, in accordance with
  the Law on Life Partnerships of
  Persons of the Same Sex.
  Article 14 of the Draft which
  add the provision “of the
  same sex” after the word
  “life partners”, in all
  paragraphs, in order to
  adjust to other provisions
  of the law.
  When drafting the Draft Law on
  Amendments and Amendments
  to the Law on Aliens, we had this
  in mind
  Member customization.
  Article 16 of the Draft
  Analysis of Montenegrin
  refers to article 44 of the
  valid law currently
• in this article there is a
  provision “In the case of a
  polygamous marriage,
  family reunification shall be
  granted only to one spouse”.
  Technical correction of the
  article.
  with
  We believe that it should
  be done here
  It is not accepted
  When drafting the Draft Law on
  Amendments and Amendments
  to the Law on Aliens, we had this
  in mind
  Explanation
  Analysis of the Montenegrin
  normative framework in terms of
  compliance with
  according to the Law on Life
  Partnership of Persons of the Same Sex.
  right now
  It is not accepted
  The Law on Life Partnership of
  Persons of the Same Sex i
  By the Law on Life Partnership
  of Persons of the Same Sex
  Explanation:
  it served us when creating these
  provisions
  (“Official Gazette of Montenegro”,
  No. 67/2020) governs the
  conclusion and termination of a
  life partnership of persons of the
  same sex, keeping a register of
  partnerships, rights and duties
  of persons who have concluded
  a partnership.
  Machine Translated by Google
  Explanation
  In this way, abuses that occur in
  practice in the sense that
  temporary residence permits for
  the purpose of education are
  issued to children for a year,
  after that, in certain situations,
  parents are reunited with minor
  children, and it is possible to get
  into a situation where
  parents achieve parvo after five
  years on a permanent basis
  Article 17 of the draft law limits
  the period of issuing a permit for
  temporary residence for the
  purpose of education in the
  sense that it is issued for the
  period of the school year in
  Montenegro, in accordance with
  the regulations on general
  education and upbringing.
  residence and the children do not have
  Article 17 of the Draft
  this right because Article 86
  paragraph 4 stipulates:
  Article 17 of the Draft which
  “If a foreigner previously had
  an approved temporary stay in
  Montenegro for the purpose of
  education or specialization,
  professional training or practical
  classes, only half of the time
  spent on the basis of the
  approved temporary stay is
  counted in the time required for
  the approval of permanent
  residence
  Adjusting
  appointments.
  with
  refers to Article 47 of the
  current
  law – it is prescribed that
  the permit lasts for the
  duration of the school year
  in Montenegro.
  outside of class.
  We believe that a better
  wording would be “school
  year”, considering that
  according to the law, a year
  represents a period in which
  regular classes are carried
  out, so here essentially the
  permit would last from the
  first to the last day of
  classes, which leaves no
  room for obligations that
  exist and
  normative framework in terms of
  compliance with the Law on Life
  Partnership of Persons of the
  Same Sex and
  According to the law, the
  “school year” is the period
  in which regular classes
  and other forms of
  educational work take place.
  it served us when creating these
  provisions.
  right now
  on
  It is not accepted
  educational
  times
  Machine Translated by Google
  Article 19 of the Draft
  This proposal is not accepted
  because it is in Article 58e
  for
  Article 19 of the Draft which
  prescribed:
  Clarification of position.
  The Ministry decides on the
  request to determine the status
  of a stateless person within six
  months from the date of
  submission of the request
  (paragraph 1).
  refers to article 56 of the
  current
  law – a new article is added
  that stipulates that the
  conditions and method of
  determining the value of
  immovable property from
  paragraph 1
  of the article, this is
  prescribed by the
  Government on the proposal
  of the state administration
  authority responsible for
  financial affairs – it remains
  unclear for what reason
  this value is determined,
  i.e. what is the purpose of
  adding such an article as
  well as further elaboration
  of this one
  The deadline from paragraph 1
  of this article can be exceptionally
  extended by an additional six
  months if the request
  involves determining the status
  of a person
  without citizenship
  right now
  stood.
  Article 19 of the Draft Law
  provides a legal basis for the
  adoption of an act that will
  prescribe more detailed
  conditions and the method of
  determining the value of real
  estate that a foreigner must own
  in order to be granted a temporary
  residence permit for the purpose
  of using and disposing of the
  right to real estate.
  Article 20 of the Draft
  Namely, in 2022 alone, nearly
  4,000 permits for temporary
  residence were granted to these
  foreigners, with no limit on the
  value of real estate, so we are of
  the opinion that the value of real
  estate for future approval of
  these permits should be
  prescribed by government decree.
  stay”.
  Article 20 of the Draft,
  which refers to the addition
  of Article 58c – paragraph
  2, prescribes that the
  applicant acquires the right
  to work from paragraph 1
  point 6 of this article within
  a period of nine months
  from the date of submission
  of the request to determine
  the status of a stateless
  person on which the Ministry
  has not made a decision.
  It is not accepted
  It is not accepted
  We believe that it is a better
  solution to put 6 months,
  given that the Ministry has
  a deadline of 6 months from
  the date of submission of
  the request in Article 58e,
  Explanation:
  Explanation:
  Adaptation.
  Machine Translated by Google
  The Ministry of Justice will add
  a penal provision dealing with
  this issue
  The applicant has the
  obligation to respond to the
  invitation of the Ministry for
  hearing and to
  remain in the territory of
  Montenegro for the duration
  of the procedure, unless
  the Ministry approves
  leaving the
  country on an exceptional
  basis.
  with
  Article 20 of the Draft
  Article 20 of the Draft
  Explanation:
  Article 20 of the Draft,
  which refers to the addition
  of Article 58c paragraph 4 –
  determination of complex factual
  circumstances or clarification of
  a complex legal matter from
  Article 59h of this Law (paragraph
  1).
  It is accepted
  It is accepted
  Adaptation.
  The Ministry of Justice will add
  a penal provision dealing with
  this issue
  will
  In cooperation with colleagues from
  In cooperation with colleagues from
  already
  Article 20 of the Draft
  with
  We believe that a provision
  should be added to regulate
  what happens in the case
  of failure to respond.
  to decide.
  Adaptation.
  Adaptation.
  Explanation:
  It is accepted
  The applicant must notify
  the Ministry of the change
  of data within
  three days
  from the day of the change.
  Explanation:
  The Ministry of Justice will add
  a penal provision dealing with
  this issue

with

We believe that a provision
should be added that will
regulate what happens in
case of non-reporting.
Article 20 of
the Draft, which refers to
the addition of Article 58d,
the Ministry shall
consider the
available
evidence, including the
testimony of
the applicant,
in order to reasonably
In cooperation with colleagues from
contact
Article 20 of the Draft,
which refers to the addition
of Article 58c paragraph 3 –
it is
O
all
Machine Translated by Google
Article 20 of the Draft,
which refers to the addition
of Article 58e paragraph 3 –
can bring within the period
referred to in para. 1 and 2 of
this article, the person
who submitted a request to
determine the status of a
stateless person will be notified
of this in writing, at his request,
stating the reasons why it is not
possible to make a decision in
the prescribed time, as well as
the deadline in which the decision
can be expected .
“Rights of persons
of citizenship”
It remains unclear how the
applicant can conclude by
himself that it is justified to
expect that the decision
cannot be made within the
stipulated time limits. In this
case, it makes
no sense to stipulate that
the person must submit a
request
It is accepted
without
for the authority to inform
him about it. We believe
that the Ministry must do
this ex officio.
Explanation:
Article 20 of the Draft
for
Adaptation.
Article 20
It is not accepted
Article 20 of the Draft,
which refers to the addition
of Article 58g – The title of
the article is “Rights and
obligations of stateless
persons”.
Explanation:
determined whether the
applicant is considered a
citizen of a country with
which he has a reasonable
connection, in the sense of
paragraph 2 of this article,
in accordance with the law
of that country –
However, the member
contains none
It remains unclear how our
Ministry can determine
whether someone is
considered a foreign citizen.
We are of the opinion that
paragraph 3 in Article 58e is
clearly defined as follows:
Adaptation.
The provision is not clear,
perhaps cooperation with
the country for which it is
checked whether the
applicant is a citizen should
be foreseen here.
“If it is reasonable to expect that
the decision will not
The objection is accepted and
the title of Article 58g reads:
Machine Translated by Google
Article 61 of the currently valid
In the case referred to in
paragraph 1 of this article, a
foreigner may stay in Montenegro
for a maximum of 90 days in a
period of 180 days, counting
from the day of first entry, unless
otherwise determined by this law
or an international agreement
Adaptation.
(state 2).
It is not accepted
A foreigner who stayed in
Montenegro for 90 days, in
accordance with para. 1 and 2 of
this article, may re-enter and
reside in Montenegro after the
expiration of a period of 180
days, counting from the day of
the first
Explanation: of the law
We are of the opinion that this
provision is completely clear and
in practice so far there have been
no difficulties in applying it.
So, a foreigner can submit a
request before the expiration of
the 90-day period, which is in
accordance with Article 34
obligation, but only
rights.
of the applicable law, which reads:
You should either add
certain obligations or
change the name of the
member, in accordance
with the intention of
the same. Article 61 of the
currently valid law: “A
foreigner who submits an
orderly application for the
issuance of a temporary
residence permit before the
expiration of the 90-day
stay may remain in
Montenegro until the
enforcement decision is
issued” – Here we believe
that a deadline should be
provided in which this
application must be
submitted before the
expiration these 90 days.
A foreigner can stay in
Montenegro for up to 90 days on
the basis of a short-stay visa
(visa C) or without a visa, in
accordance with the regulation
on the visa regime from Article
14, paragraph 2 of this law
(paragraph 1).
Machine Translated by Google
of the law.
Explanation:
Article 70 paragraph 5 of the
currently valid law
Article 24
It is a legal and technical correction,
so that in Article 24 of the Draft
Law, another paragraph has been
added, which reads:
It is accepted
The permit for temporary residence
and work for entrepreneurs and
executive directors in companies
in which they are the sole owners
or owners of more than 51% of the
capital can be extended as long as
they meet the conditions from
Article 43 of this law, if
they have at least three employees
who have concluded employment
contracts full-time, one of whom is
a Montenegrin citizen.
We think it would be good if
it is
It is not accepted
Article 24 of the Draft which
Leave the provision as it is
in the currently valid law.
refers to Article 64 of the
current
The objection is not accepted
because there have been no
difficulties in applying this provision
so far.
There is a change in the
numbering, so it is now not
harmonized, and the reference
to certain
positions coincides, that is, it
does not make sense. Article
29 of the draft,
which refers to Article 70
paragraph 3 – addition of the
provisions “the words are
added: “if they have at least
three employees, f who have
concluded full-time
employment contracts, one
of whom is an employed
Montenegrin citizen” we
believe that would arise
problems in
practice considering that
there is a significant number
of companies that have
foreign executive directors
and foreign employees, or do
this not have
number of employees.
entry (paragraph 3).
Article 29, Article 70, paragraph 4
is amended to read:
Article 70 paragraph 5 of the
valid law: currently
There is a provision in the
current law that says that if a
foreigner does not start work
within 24 hours, the employer
must inform the Ministry
about it in
order to cancel the permit.
with
Explanation:
“Previous paragraphs 3, 4 and 5
become paragraphs 6, 7 and 8″.
Refinement.
Technical
adjustment.
Article 29
must
with
We are of the opinion that the
provision is completely clearly and
precisely defined.
Otherwise, we are of the opinion
that there would be abuses in
practice.
right now
It is not accepted
Explanation:
Machine Translated by Google
Article 71 of the currently valid
times.
O
Refinement.
Article 80 of the currently valid
law
from
It is accepted
Article 80 of the currently
valid law: We think it would
be good to add a provision
that if there is no opinion
from the agency and the
police, it will be considered
that there are no obstacles
for issuing a permit (we
conclude this based on
Article 62 paragraph 3).
The refusal of a request for a
temporary residence permit is
decided by a decision.
Explanation:
Refinement.
Article 80 paragraph 1 stipulates
that the permit for
of the law
It is not accepted
In cooperation with colleagues from
Explanation:
The Ministry of Justice will add
a penal provision dealing with
this issue
foresee some exceptions
(sickness, bad luck, etc.).
Article 62 paragraphs 1, 3 and 5
prescribes:
Article 71 of the currently
valid law –
with
The permit for temporary
residence
is issued by the Ministry, with
the prior opinion of the Agency
and the police on the existence
of disturbances for reasons of
national or internal security from
Article 43 paragraph 1 point 8 of
this law.
Here, we believe that it
would be good to foresee
a penalty for an employer
who does not conclude an
employment contract with
a foreigner, considering
that the permit for residence
and work is canceled, and
the costs are likely to be
incurred,
especially in terms of the
spent
a stranger
If the Ministry does not receive
opinions from paragraph 2 of
this article within the prescribed
period, it will be considered that
there are no obstacles to the
issuance of a temporary
residence permit.
Machine Translated by Google
“The foreigner submits the
request for the extension of the
permit from paragraph 2 of this
article to the Ministry in the place
of residence of the foreigner, no
later than 60 days before the
expiration of the validity period
of the permit for permanent
residence”.
Article 43 of the Draft which
parents, so it is understood that
this child can change the address
of residence in Montenegro, at
the request of one of the parents,
without the consent of the other.
Article 91 of the currently valid
Explanation:
It is accepted
The legislation regulating this
matter applies
to this category of foreigners
Explanation:
Article 43 of the Draft
Refinement.
Reformulation.
Article 91 of the currently
valid law: Here it is
stipulated that the request
for the
extension of the permanent
residence permit must be
submitted within 8 days
from the day the permit
expires. We think it is more
logical to stipulate that it
must be submitted in some
period before the expiration
of the permit.
Article 107 paragraph 7 of the
current law reads:
Refinement.
of the law
Explanation:
It is not accepted
temporary residence and work is
issued by the Ministry in
accordance with Article 62 para.
1, 3 and 5 of this law, so this is
already prescribed in the current
law.
refers to article 96a of the
current law, paragraph 5 – We believe that “with the
consent of the other parent”
should be added here.
It is not accepted
with
Explanation:
with
Article 45 of the Draft
Refinement.
Article 43 of the Draft which
Article 45 of the draft which
for
Article 43 of the Draft
If a minor child has an approved
temporary stay in Montenegro,
he/she received it at the request
of one of the parents, with the
written consent of the other
In the Draft Law, Article 41 was
added in the sense that Article
91 paragraph 3 is amended to read:
refers to article 96 of the
current law: we
think it would be good to
add that in addition to a
child, this also applies to a
foreigner
who is incapable of doing business.
It is not accepted
refers to Article 107 of the
current law: In Article 107,
paragraph 7, the words:
“30 days”
Machine Translated by Google
“The deadline for voluntary
departure from Montenegro
determined by the return
decision can be extended by the
police at the request of the
foreigner, but not longer than
90 days, taking into account the
circumstances
In your remark, you refer to the
next paragraph 8 of this article,
which reads:
O
If this changes like this,
then the next paragraph
makes no sense, because
it stipulates that the
deadline can be extended
upon request, but not
longer than 90 days, so
this deadline from
paragraph 2 should then
be extended.
with
“A foreigner referred to in
paragraph 1 of this article is
obliged to leave Montenegro
within the time limit set for him
by the decision on return and to
report to the police officer at the
border crossing upon leaving
Montenegro”, which does not
mention the time limit.
“In the return decision, taking
into account the relevant
circumstances of each individual
may case, the police
issue a foreigner with a ban on
entry and stay, which cannot be
shorter than 30 days or longer
than five years”.
The draft law with
amendments to the Law on
Aliens proposed that this
paragraph should read:
in
You probably meant paragraph
4 of this article, which reads:
“In the return decision, taking
into account the relevant
circumstances of each individual
may case, the police
issue a foreigner with a ban on
entry and stay, which cannot be
shorter than 90 days or longer
than five years”.
are replaced
by the words: “90 days”.
Machine Translated by Google
The complaint is not accepted because
in this paragraph 4 the voluntary
departure of
Montenegro is prescribed, as amended
we are talking about
the deadline for the
ban on entering Montenegro
for
a in
year
of the specific case, especially the
length of stay, family and social ties or
that the foreigner has children
attending school”.
member
Machine Translated by Google
Machine Translated by Google