Changes to the Law on Foreigners: The Main Things to Know in 2025
The Montenegrin Parliament is considering a draft of amendments to the Law on Foreigners. It has not yet entered into force, but it contains a number of important proposals — from the digitalization of visa procedures and simplified application submission to stricter employment rules and...
The Parliament of Montenegro is considering a draft amendment to the Law on Foreigners. It has not yet entered into force, but it contains a number of important proposals — from the digitalization of visa procedures and simplified application submission to stricter rules for employing foreigners and the introduction of new grounds for temporary residence.
Important: this refers to a draft amendment to the Law on Foreigners, which is currently being considered in the Parliament of Montenegro. The document has not yet entered into force — the text may change during parliamentary hearings and coordination. Below is a detailed breakdown of each key point of the proposed changes and an explanation of the practical consequences.
Diplomats, immunities and international cooperation — exceptions to the law
The draft explicitly states that the changes will not apply to persons with diplomatic privileges and immunities, to their family members, as well as to participants in NATO missions and international police cooperation. This is standard practice: the special legal regime for such categories remains in force so as not to violate Montenegro's international obligations.
E-visas and digitalization of visa procedures (VIS) — how it will work
It is proposed to introduce electronic visas (e-visas) and the possibility of fully electronic application processing through the visa information system (VIS). This means:
Applications for short-term entry — no later than 15 days before travel; for long-term visas (visa D) — 60 days. In exceptional situations, expedited procedures will be provided.
Forms and document standards are planned to be harmonized with EU practice in order to facilitate mutual recognition and data verification.
The goal is to reduce processing time, cut down on paperwork, and improve border service control.
In practice: introducing VIS requires technical preparation, training, and integration with consular services — there will be a transition period.
Electronic residence permit applications and services for people with limited mobility
The draft provides for the possibility of electronic submission of applications for a temporary residence permit (TRP). For elderly people, seriously ill individuals, and people with disabilities — a mechanism for mobile document intake points. This will improve access to services for vulnerable groups and simplify the procedure overall.
TRP renewal — new restrictions and exceptions
The key innovation is the principle of “same basis / same employer”: renewal of a temporary residence permit will be possible only on the same basis and while maintaining employment with the same employer. Exceptions:
seasonal employment (special rules);
family reunification (different renewal logic).
The goal is to combat sham employment contracts and “migration” between employers, which was used to bypass the rules.
Practical benefit: formalization creates a legal basis for lawful stay and work (remotely) without local employment. Risks: it is still unclear whether such a residence permit will count toward the period required for permanent residence — this is important for those considering long-term migration.
Same-sex partnerships — the right to a residence permit and protection guarantees
The bill provides that foreigners in a registered same-sex partnership will be able to obtain a temporary residence permit. In addition, mechanisms are introduced to protect against cases where the partnership is entered into formally, “for convenience.” These changes make the legislation fairer and bring it closer to European anti-discrimination standards.
Employment of foreigners — easing and new restrictions
The main changes in the labor area:
Benefits for the IT sector and medicine: accelerated and more flexible work permits are expected (up to three years). This is an attempt to facilitate the inflow of qualified professionals.
Work in households: the draft explicitly allows the employment of foreigners as domestic workers (previously this was formally problematic).
Employer obligations: full tax and reporting compliance — failure to comply will be grounds for refusal to issue or renew permits.
Combating sham contracts: permit renewal is allowed only if there is an employment contract for full-time employment — this measure is aimed at preventing part-time schemes used for migration advantages.
Exception: for executive directors and entrepreneurs, the possibility of renewal is retained even under a different formula, if the company has created at least three jobs, including at least one Montenegrin citizen.
Permit terms — up to two years maximum with full-time employment
The proposal limits the renewal of residence and work permits to a period of up to 2 years, but only if the employee has a full-time employment contract. This is aimed at improving the quality of employment and eliminating schemes with sham part-time positions.
Harmonization with the EU and new rights for posted workers
The bill includes a broad package of provisions to align with EU directives: visa information standards, rules for posted workers, and mechanisms for protecting labor rights. It also introduces a provision on humanitarian residence for foreigners who worked illegally — provided that criminal proceedings have been initiated against the employer.
Benefits and protection in family reunification and for beneficiaries of international protection
The draft provides:
exemption of spouses of Montenegrin citizens from the obligation to prove sufficient means of subsistence in family reunification;
the possibility of employment for persons awaiting a decision on international protection after 9 months of waiting;
simplified procedures for obtaining permanent residence for elderly and seriously ill persons.
At the same time — stricter restrictions for those who were denied refugee status.
Practical consequences and risks for migrants and employers
For employers: stricter control over tax compliance and labor obligations; the need to maintain “real” jobs rather than sham contracts.
For migrants: fewer opportunities to “jump” to another employer without changing the basis of the residence permit; digital nomads get an official niche, but still without a guarantee that it will count toward permanent residence.
For government authorities: modernization of IT systems (VIS), training, and staffing resources will be required for control and issuance of e-visas and electronic permits.
Summary and status of the draft
The draft offers a combination of liberalization (e-visas, digital services, support for IT and medicine, formalization of digital nomads) and stricter regulation (limits on renewals, full-time employment requirements, stronger employer accountability). This is an attempt to simultaneously attract skilled workers and investment, and close schemes of sham employment.
To repeat: all the norms described are proposals, currently under consideration. After adoption, the law will enter into force according to the established procedure and is unlikely to take effect all at once: individual provisions will require technical preparation and transition periods (for example, the launch of VIS and e-visas).
