Montenegro: Overview of the amendments to the Law on Foreigners
In early 2026, Montenegro implemented significant amendments to its Law on Foreigners, introducing a more structured and predictable legal framework while also expanding certain residence opportunities. The changes are aimed at aligning national legislation with EU standards, streamlining administrative procedures, and increasing the level of digitalization within immigration processes.
Overall, the amended law introduces stricter compliance requirements and clearer procedural rules, while at the same time offering more favorable conditions in specific categories. Citizens of the European Union benefit from expanded rights and exemptions, whereas third-country nationals are subject to higher entry and continuation thresholds. Residence procedures are now governed by more uniform documentation checks and stricter timelines, reducing uncertainty but requiring more careful planning and compliance from applicants.
Special regime for EU citizens
One of the most significant changes introduced by the amendments is the establishment of a separate legal regime for citizens of the European Union, Iceland, Norway, Liechtenstein, and Switzerland, as well as their family members. Under the previous framework, EU citizens were regulated together with third-country nationals. The new law explicitly recognizes their special status and grants broader rights, including important exemptions related to tax thresholds.
Tax compliance has become a central condition for lawful residence under the amended law, with mandatory verification of tax and social-contribution payments. In cases where a residence permit is granted to an executive director based on company ownership of 51% or more, a minimum annual tax payment of EUR 5,000 has been introduced as a condition for permit extension. However, this requirement does not apply where the shareholder owns less than 51% of the company, is a citizen of the EU, Iceland, Norway, Liechtenstein, or Switzerland, holds permanent residence, or holds a residence permit on another legal basis, such as family reunification. These exemptions apply specifically to the minimum EUR 5,000 tax and social-contribution requirement and do not constitute a general exemption from other tax obligations.
In addition, full-time employment has been established as the default rule for the extension of employment-based residence permits. Part-time employment is permitted only as an exception, primarily where the foreign national holds the position of executive director with multiple employers, in line with applicable labor regulations.
Application deadline and timeline
The amended law also introduces uniform application deadlines. Applications for temporary residence permit extensions must now be submitted at least 30 days before the expiration of the existing permit, while applications related to permanent residence, which is granted for a five-year period, must be submitted at least 60 days in advance. Failure to meet tax obligations or prescribed deadlines may result in refusal of permit prolongation, making advance planning essential. Family members, however, remain exempt from minimum income tax requirements.
Different residence categories
Furthermore, the law introduces clearer distinctions between different work-based residence categories. Notably, IT and healthcare companies are now eligible to obtain work and residence permits for their employees for an initial period of up to three years, instead of the previous one-year limit, with the possibility of an additional three-year extension.
Residence based on Real estate ownership
The amended law introduces a minimum taxable property value of EUR 150,000 for third-country nationals applying for residence based on real estate ownership. This requirement does not apply to citizens of the EU, Iceland, Norway, Liechtenstein, or Switzerland. Additionally, foreign nationals who were granted temporary residence on the basis of property ownership prior to the entry into force of the amendments remain subject to the previous legal regime for the purpose of permit prolongation.
Applicants must demonstrate ownership and actual use of the property, and all related property tax obligations must be fully settled. Residence granted on this basis is strictly linked to property use and does not allow employment or the performance of business activities in Montenegro.
Family members and Visa procedures
The amended law expands the definition of eligible family members compared to the previous framework, explicitly recognizing same-sex partners.
For nationals of countries that require a visa to enter Montenegro, the law introduces the possibility of submitting electronic visa applications, although the electronic system is not yet fully operational. Visa applications must be submitted no later than 60 days prior to the intended travel date. Once a Type D visa has been issued, the application for residence must be filed within 10 days. Under the new rules, a Type D visa is now mandatory for both family reunification and residence based on property ownership, whereas previously a Type C visa was sufficient.