Amendments to the Law on Foreigners (2026): New Rules for Temporary Residence and Work in Montenegro

The Parliament of Montenegro adopted the Law on Amendments to the Law on Foreigners, published in the “Official Gazette of Montenegro”, No. 003/26 of 9 January 2026.

The amendments introduce significant changes in the areas of temporary residence, family reunification, residence based on ownership of real estate, as well as temporary residence and work permits. Special emphasis is placed on the digitalization of procedures, clarification of conditions for permit extensions, and strengthening fiscal discipline for foreigners conducting business activities in Montenegro.

Below is an overview of the most important amendments and their practical significance.

Extension of Temporary Residence – Legal Certainty with a Stricter Framework

One of the key amendments of the Law on Foreigners provides that temporary residence may be extended exclusively on the same legal grounds on which it was originally granted. In this way, the legislator introduces greater legal clarity and prevents frequent changes of residence grounds without a clear procedure.

Exceptions are предусмотрed for:

• immediate family members of a Montenegrin citizen,
• partners in same-sex life partnerships,
• family members of a foreigner with permanent residence.

In these cases, a change of legal grounds is possible, provided that the application is submitted before the expiry of the valid permit.

Additionally, humanitarian reasons (force majeure, serious illness, permanent disability, and other justified circumstances) have been further specified as possible grounds for extending residence even when standard conditions are not fully met.

Family Reunification – Expanded Rights and Administrative Relief

The amendments to the Law on Foreigners further clarify the right to family reunification and expand the circle of persons eligible for this right. The Law now explicitly recognizes:

• partners in same-sex life partnerships,
• family members of digital nomads.

A particularly significant novelty is that an immediate family member of a Montenegrin citizen is no longer required to prove sufficient means of subsistence. This represents important administrative relief and facilitates the exercise of the right to family life.

Residence Based on Ownership of Real Estate – Significantly Increased Threshold

Residence based on ownership of real estate has undergone one of the most important changes.

Approval of this type of residence now requires:

• proof of ownership (real estate certificate),
• a decision on the assessment of real estate transfer tax,
• a minimum tax base in the amount of at least €150,000.

This amendment clearly demonstrates the legislator’s intention to link this type of residence to more substantial investments.

The Law on Foreigners allows exception from the obligation to prove the minimum real estate value applies to:

• citizens of EU Member States,
• their family members,
• citizens of Iceland, Liechtenstein, Norway, and Switzerland.

Digital Nomads – More Precise Regulation

Montenegro continues to develop the concept of residence for digital nomads, but with more precisely defined conditions.

In addition to an employment contract or other appropriate proof of engagement with a foreign company, proof of the company’s registration abroad is now mandatory.

The permit may be issued:

• for up to 2 years,
• extended for up to an additional 2 years,
• a new permit may be granted only after a 6-month period has elapsed.

This introduces a controlled, yet still competitive regime for this category of foreigners.

Temporary Residence and Work – Greater Fiscal Discipline

In the segment concerning temporary residence and work permits, the Law on Foreigners introduces additional conditions and clarifies procedures.

For the extension of a permit, it is now necessary to provide:

• proof of secured accommodation,
• proof of paid taxes and contributions,
• submission of the application within a precisely defined deadline (no earlier than 60 days and no later than 30 days before the expiry of the permit).

A particularly significant provision concerns entrepreneurs and executive directors who own more than 51% of the company’s capital. They must prove that in the previous year they settled tax liabilities and contributions in a minimum amount of €5,000, unless they are citizens of the EU or other exempted states.

This further strengthens fiscal discipline and prevents the formal establishment of companies without genuine economic activity.

Special Permits for the IT and Healthcare Sectors

The Law on Foreigners recognizes labor market needs and introduces special regimes for certain activities.

Special permits are предусмотрed for:

• the IT sector (up to 3 years, with a contract of at least 12 months),
• healthcare activities,
• domestic work,
• secondment of employees through foreign agencies.

In this way, Montenegro further positions itself as an attractive destination for qualified workforce.

Digitalization of Procedures and Administrative Facilitations

The Law on Foreigners modernizes the system through:

• the possibility of submitting applications electronically,
• electronic payment of administrative fees,
• mobile stations for collecting biometric data for elderly persons, the ill, and persons with disabilities,
• the possibility of granting power of attorney to another person to collect the permit.

These amendments represent an important step toward a more efficient and accessible administrative procedure.

The 2026 amendments to the Law on Foreigners combine stricter fiscal requirements with administrative modernization. The threshold for residence based on real estate has been increased, conditions for permit extensions have been clarified, and additional obligations for entrepreneurs have been introduced, while digital procedures have been implemented to simplify the process.

Foreigners, employers, and investors are advised to timely review their status and ensure compliance with the new legal framework, particularly regarding tax obligations and application deadlines.