As of 16 October 2026. Status: Adopted, not yet in force. Instrument: Zakon o izmjenama i dopunama Zakona o strancima (Act amending the Law on Foreigners), EPA 1181 XXVIII, act number 24-3/26-3, proposed by the Government of Montenegro. The voting record of the second sitting of Parliament's 2026 autumn session shows the text adopted on 15 October 2026 both in principle and as a whole, 43 for, none against, no abstentions. There is no promulgation decree and no Službeni list reference yet; the act enters into force on the eighth day after publication.
The question we get most from people living in Montenegro on visa-free stays is a simple one: how long can I stay, and what happens if I go over? When we covered this bill on 1 September, the answer was not in it. It is now. The day before the vote, and on the day itself, the Government tabled nine amendments, and the largest of them rewrote the chapter of the Law on Foreigners that deals with unlawful stay and removal.
What the adopted text changes compared with the bill
The Government sent three amendments on 14 October and six on 15 October. Parliament's Committee on the Political System, Judiciary and Administration accepted all nine unanimously at its 106th sitting on 15 October, so they became part of the bill without a separate vote. The same report notes legal and technical errors in the amendments that are to be corrected before publication.
The rewritten Chapter VI (Articles 104 to 138) defines unlawful stay as unlawful entry, no valid visa, no residence permit or an expired one, staying past the period the law allows, and staying for a purpose other than the one approved (Article 104). Here is how the rules move:
| Topic | Law in force today | Adopted text |
|---|---|---|
| Time to leave voluntarily | 7 to 30 days, extendable on request up to 90 days (Art. 107) | 10 days from when the decision becomes enforceable; police may allow up to 30 days (Arts. 108, 111) |
| Entry ban | At police discretion, 90 days to 5 years (Art. 107(7)) | Mandatory if no departure period is given or you do not leave in time; 1, 2, 3, or 5 years and longer (Art. 112) |
| Appeal | 5 days; Ministry decides in 15 days (Art. 108) | 5 days; Ministry decides in 8 days; administrative court within 8 days; no fees |
| Legal help | Legal aid before the Administrative Court on expulsion | Also free legal counselling from independent experts chosen by the Ministry; court legal aid without a reciprocity condition |
The ban length now follows a scale. One year for someone who was given a voluntary departure period. Two years where the file shows a final misdemeanour penalty for unlawful stay in the last three years, use of false documents, or repeated penalties under the foreigners, border or public order rules. Three years for refusing to cooperate or give biometrics, entering during a ban, openly refusing to comply, or having evaded earlier decisions (Article 112 read with Article 113). Five years or more where there is a threat to public order or security. The ban runs from the day you actually leave, and if you leave within the voluntary period it can be lifted, shortened or suspended.
There is also a change in how decisions are written. Decisions ending a residence permit, a work permit or permanent residence already set a deadline to leave today (Articles 65, 83 and 94; no more than 30 days). The new Article 109 extends this to refusals of a temporary residence application and to visa annulments: the refusal itself will carry the departure deadline.
Article 70g: the €250,000 permit for EU citizens passed as drafted
The new Article 70g was adopted in its bill form. An EU citizen who is an entrepreneur or company owner can obtain a three-year temporary residence and work permit with proof of at least €250,000 invested in Montenegro, renewable for three more years, with a duty to spend at least 15 days in Montenegro during the permit. The cross-reference slip we flagged in September, paragraph 5 pointing to the duration paragraph instead of the application paragraph, was not touched by any amendment. Nationals of the US, UK, Canada, Turkey, Israel or the Gulf states remain outside this article.
One chapter was deleted: Chapter XI on highly qualified third-country nationals (Articles 184 to 203, the EU Blue Card). Nobody loses a route. Article 221 of the law in force had postponed that chapter until Montenegro joins the EU, so it never applied.
What the text does not tell us yet
We have not seen the adopted text itself. It is not on Parliament's page and normally arrives with the decree. We worked from the bill, both amendment sets and both committee reports, and four gaps remain.
First, Article 221 of the current law lists Articles 115 and 120 to 122 among the provisions that apply only from EU accession. In the new chapter those numbers carry different content: legal aid, the rights of a person whose removal is postponed, and the end of postponement. We saw no amendment to Article 221. On one reading those four articles are now postponed too; on the other, the legislature meant them to apply at once and the postponement list still refers to the old provisions. We cannot show you today which reading the police will follow.
Second, the last paragraph of Article 112 says that for three years visa and residence applications will be refused to someone who entered during a ban or did not leave on time, and then breaks off at an exception, "except a temporary residence permit", without completing it. Third, there is no transitional rule for decisions issued before entry into force. Fourth, the bill and the two amendment sets reuse the same article numbers; final numbering will be visible in the gazette.
Our reading
The amendments are not in force, so today the 7-to-30-day period and the discretionary ban still apply. If you are close to the end of a 90/180-day visa-free stay or waiting for a residence decision, plan as if the new scale applies: a single final penalty for overstaying can later justify a two-year ban. If your residence application is pending, the new Article 108 allows police to defer a return decision until that procedure ends, so carry the proof that your application was filed.
What did not change
The €150,000 minimum value for residence through property ownership (Article 56) and the rule that a permit ends after more than 30 days outside Montenegro (Article 65(1)(3)) are untouched. The 90-days-in-180 ceiling (Article 34) and the Uredba o viznom režimu (Visa Regime Decree), which lists who may enter without a visa, are not changed by this vote. The maximum detention for removal also stays at six months, extendable to 18 months in total (Articles 126 and 132). The bill's employer sanctions, carrier duties and residence rules for victims passed without amendment. The separate new Law on Foreigners (EPA 1219) cleared committee the same day but was not voted on.
How to verify
The act page in Parliament: zakoni.skupstina.me act 4354. Its "Status" field may still read "U proceduri"; the document that shows adoption is the 15 October voting record, 43-0-0 twice. The new Chapter VI is in the 14 October amendments, the cross-reference changes in the 15 October amendments, and the committee's acceptance in its report. Once published, search the Službeni list for "Zakon o izmjenama i dopunama Zakona o strancima".
Our 1 September analysis of the bill covers Article 70g line by line, and the new Law on Foreigners bill explains the EU-accession version. Visa-free periods are in our Montenegro visa guide; refused or cancelled permits in our guide to refusals and cancellations. For a pending application, see our residence permit services. The gazette reference will be added on our Legal Updates page.
