I have already done a detailed analysis of the 2018 Law on Foreigners, in which I wrote about how to obtain permanent residence (PR) in Montenegro. This time, we will do a similar analysis, but we’ll talk about how to obtain temporary residence (TR) in Montenegro.
Article 33 of the 2018 Law on Foreigners outlines the following types of residence in Montenegro:
- You can stay in Montenegro for up to 90 days. Depending on your citizenship, a visa may or may not be required to enter Montenegro. There are also additional differences for certain nationalities. For example, with a Russian passport, you can enter for only 30 days outside the tourist season. After that, you must leave (for example, to a neighboring country) and then you can return to Montenegro again.
- You can stay in Montenegro based on an approved temporary residence permit.
- You can stay in Montenegro based on an approved permanent residence permit.
Grounds for obtaining a temporary residence permit in Montenegro
Since the purpose of this article is to analyze the 2018 Law in the part concerning the issuance of temporary residence permits, let’s now speak only about temporary residence. There are many grounds for obtaining temporary residence in Montenegro, which are outlined in Article 38 of the aforementioned law.
Grounds for Obtaining a Temporary Residence Permit in Montenegro
Since the goal of this article is to analyze the 2018 Law regarding the issuance of temporary residence permits (TRP), we’ll focus only on TRPs going forward. There are many legal grounds for obtaining a TRP in Montenegro, which are outlined in Article 38 of the mentioned law.
A TRP can be approved for a foreigner who plans to stay in Montenegro for more than 90 days. Below is a translation of the legal grounds for obtaining a TRP, with brief personal comments.
Family reunification
This is how a large number of foreigners obtain a TRP. The most common case is when the husband obtains a TRP based on starting a business or buying real estate, and the wife and minor children obtain TRPs through family reunification.
Education
If you are studying at a university, you can apply for a TRP on this basis.
Participation in student exchange programs
In theory, it’s possible to obtain a TRP this way. However, student exchange programs in Montenegro are still in early development. It’s difficult to find an attractive program worth the effort.
Specialized training for foreigners
Same as above — I can’t imagine how and where this can be implemented. Montenegro is a very small country, and such opportunities are quite limited.
Scientific research
There are no major research centers in the country that could invite foreign researchers.
Medical treatment
If you are undergoing long-term treatment in Montenegro, this can be grounds for a TRP. However, I personally find this impractical. It’s usually more reasonable to open a company and appoint yourself as director. In that case, your whole family would have access to free public healthcare. This option may be significantly cheaper than paying for long-term treatment and using that to apply for TRP. However, public healthcare does not cover many private doctors, so if you need private care, a medical TRP might be considered.
Humanitarian reasons
I had to read several legal articles to understand what this means. It refers to situations where organized crime threatens your life in your home country. You may be granted asylum in Montenegro, but you must be able to prove this.
Real estate ownership
You can get a TRP by purchasing residential or commercial property of any value.
Religious service
This is useful for clergy but meaningless for most foreigners.
Volunteering
It’s unlikely that you’ll be granted a TRP for volunteering because there are currently no open volunteer positions in Montenegro. Maybe this will change in the future.
Stateless persons
Not very relevant. First, there are very few stateless foreigners. Second, under the law, they must have legally lived in Montenegro for several years to qualify.
Employment
This includes both employees and company directors. The key difference is that directors may later qualify for permanent residence (PR), while employees generally cannot. I covered this topic in another article.
Do Not Violate the Terms of Your TRP
Article 39 of the law says that foreigners must carry out the activity for which their TRP was granted. For example, if you received a TRP for medical treatment, you cannot work.
You Can Get a Work-Based TRP in Montenegro for the Following Purposes:
- Employment – This is what all company directors have.
- Seasonal work – Issued for up to 6 months, usually for summer jobs.
- Foreign secondment – Not relevant for most people.
General Requirements for Obtaining a TRP in Montenegro
Article 43 of the Law on Foreigners outlines the general conditions for receiving a TRP:
- You must be financially self-sufficient — a bank statement showing €3,650 is required (for the whole family, regardless of size). If your company is registered in Herceg Novi, we know how to get a TRP without the money in the bank.
- You must have a place to live — either owned or rented property.
- You must have valid health insurance.
- You must hold a valid passport that allows international travel and is valid for at least 3 months beyond the requested TRP duration.
- You must not be banned from entering Montenegro.
- You must not have been convicted of a criminal offense for more than 6 months in Montenegro or your home country.
- You must not pose a threat to the country’s national interests. (In other words, no extremists allowed.)
- You must submit a complete set of documents required for your TRP application.
TRP for Family Reunification
A TRP for family reunification may be granted to a foreigner who is a family member of a Montenegrin citizen or a foreigner with an approved TRP or PRP (permanent residence permit).
«Family member» means:
- Spouse
- Minor children, born in or out of marriage
Duration of a TRP
TRPs are issued for up to 1 year.
In some cases, the permit may be issued for less than a year. For example, if your passport expires in less than 12 months or if you are receiving short-term medical treatment (e.g., 4 months), your TRP will match that period.
TRP Renewal
You must renew your TRP 30 days before it expires.
When You Can Lose Your TRP
You may lose your TRP in the following cases:
- The permit simply expired and you didn’t renew it.
- The original basis for the TRP no longer applies (e.g., you closed your company after getting a TRP as its director).
- You were outside Montenegro for more than 30 days during the permit’s validity. (This can be extended to 90 days easily in 10 minutes.)
- Violations listed in Article 8 of the law (e.g., document forgery or other serious offenses).
- Montenegro receives a request for your deportation or there are similar serious legal issues.
- You use the TRP for purposes other than intended — e.g., working while holding a property-based TRP.
- If your TRP was based on a fraudulent marriage, it may be revoked.
- You obtained permanent residence — in which case your temporary one is no longer needed.
A foreigner may work only for the job and employer listed when applying for the TRP.
For example, if you registered as a company director, that’s what you must do.
Or if you received a TRP to work as a waiter at «Horns & Hooves» café, you cannot work at «Blue Cow» café instead.
Can a TRP Lead to Permanent Residence?
A work-based TRP is issued for up to 1 year and can be extended only twice.
The exception is company directors who own at least 51% of the company. They can renew their TRP indefinitely.
This is why directors and their family members can eventually get permanent residence, while regular employees cannot.
Quota for Work-Based TRPs
To obtain a TRP for employment, there must be an annual quota, which is set every year by the end of October.
However, no quota is required for company directors, as per Article 78 of the law.
Thus, immigration by starting a company in Montenegro is always possible. But obtaining a work-based TRP as a regular employee is only possible if the annual quota allows it.
