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 simplification of application submission, to stricter rules for employment and...
In the Parliament of Montenegro, a draft amendment to the Law on Foreigners is under consideration. 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 concernsa draftamendment to the Law on Foreigners, which is currently being reviewed in the Parliament of Montenegro.The documenthas not yetentered into force— the text may change during parliamentary hearings and approvals. 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 changeswill notapply to persons with diplomatic privileges and immunities, to their family members, or 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 introduceelectronic 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 than15 daysbefore travel; for long-term visas (Type D) —60 days. In exceptional situations, expedited procedures will be provided.
Forms and document standards are planned to be harmonized with EU practice to facilitate mutual recognition and data verification.
The goal is to reduce processing time, cut down on paperwork, and improve border control oversight.
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 reduced mobility
The draft provides for the possibility of submitting applications for temporary residence permits electronically. For elderly people, seriously ill individuals, and persons with disabilities, a mechanism for mobile outreach document intake points is envisaged. This will improve access to services for vulnerable groups and simplify the procedure overall.
Residence permit extensions — new restrictions and exceptions
The key innovation is the“same basis / same employer” principle: extending a temporary residence permit will be possibleonlyon the same basis and while maintaining employment with the same employer. Exceptions:
seasonal employment (special rules);
family reunification (different extension logic).
The goal is to combat sham employment contracts and “migration” between employers used to circumvent the rules.
Practical benefit: formalization creates a legal basis for lawful stay and work (remotely) without local employment. Risk: 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 — right to residence and protection guarantee
The bill provides that foreigners in a registered same-sex partnership will be able to obtain a temporary residence permit. In addition, protection mechanisms are introduced for 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 of rules and new restrictions
The main changes in the employment area:
Benefits for the IT sector and healthcare: faster and more flexible work permits are expected (up to three years). This is an attempt to facilitate the inflow of skilled professionals.
Work in households: the draft explicitly allows foreigners to be employed 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 extend permits.
Combating sham contracts: permit extensions are allowed only if there is a full-time employment contractfull-time— this is a measure against part-time arrangements used for migration advantages.
Exception: for executive directors and entrepreneurs, the possibility of extension remains even under a different arrangement, if the company has createdat least three jobs, includingat least one Montenegrin citizen.
Permit durations — up to two years maximum for full-time employment
The proposal limits the extension of residence and work permits toup to 2 years, but only if the worker has afull-timecontract. This is intended to improve the quality of employment and eliminate schemes involving sham part-time positions.
Alignment 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 to protect labor rights. It also introduces a provision onhumanitarian residencefor 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 for:
an exemption for spouses of Montenegrin citizens from the obligation to prove sufficient means of subsistence in family reunification cases;
the possibility of employment for persons awaiting a decision on international protection after9 monthsof waiting;
simplified procedures for obtaining permanent residence for elderly and seriously ill persons.
At the same time, restrictions are being tightened for those who have been denied refugee status.
Practical consequences and risks for migrants and employers
For employers: stricter oversight of tax and labor compliance; the need to maintain “real” jobs rather than sham contracts.
For migrants: fewer opportunities to “jump” to another employer without changing the basis of residence; digital nomads receive an official niche, but still without a guarantee that it will count toward permanent residence.
For public authorities: IT systems (VIS) will need to be modernized, and staff will need training and resources for monitoring and issuing e-visas and electronic permits.
Summary and status of the draft
The draft offers a combination ofliberalization(e-visas, digital services, support for IT and healthcare, formalization of digital nomads) andstricter regulation(limits on extensions, full-time employment requirements, increased employer accountability). It is an attempt to attract skilled labor and investment while also closing loopholes for sham employment.
To repeat: all the rules described areproposalscurrently under review. Once adopted, the law will enter into force according to the established procedure and is unlikely to apply all at once: some provisions will require technical preparation and transition periods (for example, the launch of VIS and e-visas).
