Temporary residence in Montenegro refers to a legal status granted to foreign nationals allowing them to reside within the country for a specified period, usually for purposes such as work, study, family reunification, or other permitted activities.
Temporary residence may be granted to a foreigner intending to stay in Montenegro for more than 90 days, for the following purposes:
Voluntary work within the European Voluntary Service;
A foreigner holding a temporary residence permit may stay in Montenegro in accordance with the purpose for which their temporary residence was granted. In cases where the basis of temporary residence is employment, a permit for temporary residence and work is issued.
A foreigner may work in Montenegro only in the positions for which a permit for temporary residence and work or a work registration certificate has been issued, and only with the employer who employs them. This permit may be issued for: employment of a foreigner, seasonal employment of a foreigner, posted worker employment - covering the provision of contracted services and movement within a foreign company. A permit for temporary residence and work for employing a foreigner is issued with a validity period of up to one year and may be extended for up to two years. A permit for temporary residence and work for seasonal employment is issued with a validity period of up to six months within a one-year period; exceptionally, if the performance of seasonal work requires it, the permit may be extended for an additional two months with the same or a different employer, with the total validity period of the permit not exceeding eight months within a one-year period. A permit for temporary residence and work for providing contracted services is issued with a validity period of up to one year and may be extended until the completion of the contracted services, or up to a maximum of two years. A permit for temporary residence and work for movement within a foreign company is issued with a validity period of up to one year and may be extended until the completion of the work, or up to a maximum of two years.
A permit for temporary residence and work may be issued to a foreigner if they:
Voluntary work within the European Voluntary Service: a contract concluded for voluntary work for participation in a volunteer program.
First Step: Submission of Request
The foreigner personally submits the request for the issuance of a temporary residence permit to the Ministry of Internal Affairs in their place of residence, on the prescribed form, for which a confirmation is issued. Along with the request, the aforementioned evidence is attached. A foreigner who submits a complete request for the issuance of a temporary residence permit before the expiration of the 90-day stay may remain in Montenegro until the executive decision is made. The request for the extension of the temporary residence and work permit is submitted by the foreigner or the employer to the Ministry at the foreigner's place of residence, the employer's headquarters in Montenegro, or the foreigner's workplace, no later than 30 days before the expiration of the validity period of the temporary residence and work permit.
Second Step: Decision on the Request
The temporary residence permit is issued with a validity period of up to one year. The permit is issued by the Ministry, with the prior opinion of the Agency and the police (no later than ten days from the date of receipt of the request for opinion) regarding the existence of obstacles due to reasons of national security or internal security. The decision on the request for the issuance of a temporary residence permit is made within 40 days from the date of submission of the complete request. A decision on the refusal of the request for the issuance of a temporary residence permit is made, against which an appeal to the Ministry can be filed within eight days from the date of receipt of the decision.
Attorney-at-law Miomir A. Stojković
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Serbia
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