M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union Working Group for Chapter 2– Freedom Movement for Workers Bilateral screening: Chapter 2 PRESENTATION OF MONTENEGRO Brussels, 7 June 2013

Chapter 2: Freedom Movement for Workers M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union Chapter 2: FREEDOM MOVEMENT FOR WORKERS ENTRY INTO AND STAY OF FOREIGNERS IN MONTENEGRO BOJAN BUGARIN Advisor Ministry of Interior

Chapter 2: Freedom Movement for Workers M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union Chapter 2: FREEDOM MOVEMENT FOR WORKERS CONTENT: 1. LEGAL FRAMEWORK 2. RESIDENCE OF FOREIGNERS IN MONTENEGRO 3. STAY OF UP TO 90 DAYS 4. TEMPORARY RESIDENCE 5. PERMANENT RESIDENCE 6. COMPLIANCE WITH THE EU ACQUIS

Chapter 2: Freedom Movement for Workers M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union Chapter 2: FREEDOM MOVEMENT FOR WORKERS 1. LEGAL FRAMEWORK The conditions of entry into, movement and stay of foreigners in Montenegro are governed by the following regulations: Law on Foreigners Law on Employment and Work of Foreigners Law on Border Control Law on Registers of Residency Law on Asylum Central Population Register Act The Law General on Administrative Procedure Decree on Visa Regime Rulebook on procedures for granting temporary and permanent residence and issuing travel and other documents to foreigners

Chapter 2: Freedom Movement for Workers M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union Chapter 2: FREEDOM MOVEMENT FOR WORKERS 2. RESIDENCE OF FOREIGNERS IN MONTENEGRO Residence of foreigners in Montenegro, in the sense of the Law on Foreigners, is: stay of up to 90 days, temporary residence, and permanent residence

Chapter 2: Freedom Movement for Workers M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union Chapter 2: FREEDOM MOVEMENT FOR WORKERS 3. STAY OF UP TO 90 DAYS A foreigner shall be entitled to stay up to 90 days in Montenegro based on a short-stay visa (C Visa), if he/she comes from a country whose citizens, pursuant to the Decree on Visa Regime, require a visa for entry into Montenegro, or without a visa, if he/she comes from a country whose citizens do not need a visa to enter Montenegro, and also in accordance with the Decree on Visa Regime. For stay up to 90 days, it is necessary for a foreign citizen to possess a valid travel document. Also, citizens of certain countries may enter and reside in Montenegro up to 30 days with a valid personal ID card, or other document based on which their identity and citizenship may be determined, in accordance with the Decree on Visa Regime. A foreigner may reside in Montenegro for a maximum of 90 days within a period of six months, counting from the day of the first entry. A foreigner, who has resided in Montenegro for 90 days, may re-enter and reside in Montenegro upon expiry of the time period of six months, counting from the day of the first entry. Citizens of EU Member States may enter and reside in Montenegro up to 90 days within a period of six months, counting from the day of the first entry, in the case of entering with a valid travel document. Also, they may reside in Montenegro up to 30 days, in the case of entering with a valid personal ID card.

Chapter 2: Freedom Movement for Workers M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union Chapter 2: FREEDOM MOVEMENT FOR WORKERS 4. TEMPORARY RESIDENCE Temporary residence may be granted to a foreigner intending to reside in Montenegro for more than 90 days, for the purpose of: employment and work, commercial or entrepreneurial activity; seasonal employment; high school education or studying; participation in programmes of international exchange of pupils and students or other programmes for the youth; specialization, professional training and practical training; scientific and research work; medical treatment; family reunification; humanitarian reasons; other justified reasons, stipulated under law or in an international contract. Temporary residence may be granted to a foreigner if: he/she has provided valid travel document; he/she has sufficient financial resources to support him/herself ; he/she has provided accommodation; he/she is covered with health insurance; no obstacle exist with regard to national security, public order and public health; he/she has provided evidence of justifiability of the application for temporary residence. Temporary residence shall be granted with a validity period up to one year.

Chapter 2: Freedom Movement for Workers M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union Chapter 2: FREEDOM MOVEMENT FOR WORKERS Temporary residence for the purpose of employment and work, commercial, entrepreneurial and other activity, and seasonal employment may be granted to a foreigner who has previously been issued a work permit, in accordance with the law regulating employment and work of foreigners. Temporary residence under this basis is issued to a foreigner for a period determined in the work permit, and maximum up to one year. Temporary residence for the purpose of family reunification may be granted to a foreigner, a member of the closer family of a Montenegrin national or a foreigner who has been granted with permanent residence or temporary residence in Montenegro. Closer family includes: spouses, their underage children born in or out of wedlock, underage children of one of the spouses and adopted children. Exceptionally, closer family members may also include other relatives, if there are special, personal or humanitarian reasons for family reunification in Montenegro. Temporary residence for the purpose of family reunification is granted for a period up to one year, i.e. until expiry of the validity period of the approval of temporary residence of a foreigner the reunification is requested with. Temporary residence may be extended in case when a Montenegrin citizen dies, as well as in case of termination of a marriage in Montenegro that lasted for minimum three years. 4. TEMPORARY RESIDENCE

Chapter 2: Freedom Movement for Workers M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union Chapter 2: FREEDOM MOVEMENT FOR WORKERS 4. TEMPORARY RESIDENCE Cancelation of temporary residence Temporary residence may be cancelled to a foreigner if the following is subsequently determined: existence of reasons with regard to national security public order and public health; that he/she is employed and works without valid work permit, i.e. contrary to the provisions of the law regulating employment and work of foreigners; the residence is not used in accordance with the purpose for which approval of temporary residence was issued; if the reasons for approval of temporary residence cease to apply; if he/she resides outside Montenegro for more that 90 days during the period of temporary residence.

Chapter 2: Freedom Movement for Workers M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union Chapter 2: FREEDOM MOVEMENT FOR WORKERS 4. TEMPORARY RESIDENCE Statistics During the 2012, the Ministry of Interior has issued temporary residence to foreigners in Montenegro; The majority of temporary residence permits were granted for the purpose of employment and labor – , seasonal employment – and family reunification – 6.098; The largest number of foreigners with temporary residence permit comes from neighboring countries.

Chapter 2: Freedom Movement for Workers M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union Chapter 2: FREEDOM MOVEMENT FOR WORKERS 5. PERMANENT RESIDENCE Permanent residence may be granted to a foreigner who had resided in Montenegro for five continuous years based on an approval for temporary residence prior to the day when he/she filed the application. Exceptionally, permanent residence may be granted to a foreigner who had approved temporary residence in Montenegro for less than five continuous years until the day of filing the application, if justified by the humanitarian reasons or if it is in the interest of Montenegro. Permanent residence will not be granted to a foreigner: who does not possess valid travel document; who has been sentenced in Montenegro with a final decision for a criminal offence prosecuted ex officio or if procedure has been initiated against him/her for such a criminal offence; who does not have sufficient financial resources for subsistence; who is not covered with health insurance; who does not have provided accommodation; for the reasons of national security and public order. A foreigner who has been granted with permanent residence in Montenegro will be entitled to: work and employment; education and professional development; recognition of degrees and certificates; social benefits, health and pension insurance; tax exemptions; access to the market of goods and services; freedom of association, networking and membership in organizations advocating interests of workers or employers.

Chapter 2: Freedom Movement for Workers M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union Chapter 2: FREEDOM MOVEMENT FOR WORKERS 5. PERMANENT RESIDENCE Cancelation of permanent residence Permanent residence may be cancelled to a foreigner, if: he/she has been sentenced in Montenegro by a final decision with an unconditional prison sentence for a period longer than six months for a criminal offence prosecuted ex officio; required so by reasons of national security, public order or protection of public health; he/she has provided false information on identity or hid circumstances of importance for passing of a decision on approval of the right to permanent residence; if it is determined that the foreigner has moved out from Montenegro or resided continuously for more than one year in another country, without informing the Ministry of Interior of that; if he/she renounced permanent residence, as of the day of providing a statement of such renunciation; if he/she has obtained Montenegrin citizenship. Statistics In this moment, there are about foreigners with permanent residence in Montenegro. The largest number of foreigners with permanent residence permit comes from neighboring countries.

Chapter 2: Freedom Movement for Workers M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union Chapter 2: FREEDOM MOVEMENT FOR WORKERS 6. COMPLIANCE WITH THE EU ACQUIS National regulations in the field of the entry, movement and residence of foreigners does not comply with the Directive 2004/38/EC of the European Parliament and of the Council of 29 April 2004 on the right of citizens of the Union and their family members to move and reside freely within the territory of the Member States amending Regulation (EEC) No 1612/68 and repealing Directives 64/221/EEC, 68/360/EEC, 72/194/EEC, 73/148/EEC, 75/34/EEC, 75/35/EEC, 90/364/EEC, 90/365/EEC and 93/96/EEC. Harmonization of national legislation with the Directive shall be achieved through appropriate amendments to the Law on Foreigners, Law on Border Control, Law on Registers of Residency and Law on Employment and Work of Foreigners, as well as their by-laws so that they will be able to begin to apply from the date of accession to the European Union.

Thank you for your attention. QUESTIONS