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Karanovic & Partners: Advice to Ukrainians in Montenegro

Karanovic & Partners: Advice to Ukrainians in Montenegro

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This review was prepared for Ukrainian refugees by the law firm Karanovic & Partners upon request and in coordination with the international legal network Multilaw and Ukrainian law firm Arzinger. The review is as of March 11, 2022. The review is not a legal advice and is for informational purposes only. For updates, please follow www.multilaw.com and/or www.arzinger.ua

Temporary protection

On 10 March 2022, the Government of Montenegro, has issued the Decision on granting a temporary protection for the period of one year (“Decision”), to the persons coming from the Ukraine who cannot return and who were forced to leave the country due to armed conflicts. This further implies that all the persons who decide to enter Montenegro, due to the situation in Ukraine will be entitled to stay in Montenegro for period up to one year, which under the Law on international and temporary protection of foreigners further provides right to adequate accommodation, necessary assistance, and life essentials, health protection, education as well as entitlement to seek the international protection. The Government will form the Coordinating body which will be in charge of control of execution of the Decision and will realize a cooperation with humanitarian international organizations such as Red Cross, Unicef etc.

1. Entering the country

1.1. Is any mandatory quarantine applied for UA citizens? If yes, please provide details (duration, where to stay, who pays for the stay, any exceptions)?

As of 10 March 2022 (applicable until 25 March 2022), restriction due to Covid-19 no longer apply, when entering Montenegro. This means that the RVT (recovered/vaccinated/tested) condition no longer has to be met at the border and travellers will no longer be ordered to quarantine at home.

1.2. Is any visa required for UA citizen to enter the country? If yes, how UA citizen may obtain it under the circumstances?

General rule is that citizens of UA may enter, cross the territory, and stay in Montenegro for up to 90 days with a valid travel document (passport) issued by the authorities of UA, without a visa. Furthermore, on 1st March 2022 the Ministry of the Interior Affairs (“Ministry”) has issued, a Notice of activities regarding UA, in which the Ministry announced that UA citizens can stay in Montenegro more than 90 days provided that they report to the competent inspector for foreigners who will make a decision on extending the stay for another 90 days. To conclude, currently UA citizens may stay in Montenegro for 180 days, provided they have a valid passport and report to the foreigners’ inspector. Please note that any UA citizen is also obligated to report their arrival to Montenegro, to the competent touristic organization within 24 hours of their arrival.

https://www.gov.me/en/article/registration-and-cancellation-of-residence-for-foreign-nationals-who-do-not-use-the-services-of-the-accommodation-provider

https://www.gov.me/en/article/visa-issuance-precedure

1.3. Is entry without passport allowed?

General rule is that it is not allowed, as it would represent a misdemeanour. However, please note that under the Decision, citizens of Ukraine who do not have a valid travel document will be allowed to enter Montenegro in addition to having: i) an expired travel document or a copy thereof; ii) a valid internal passport in the form of a booklet or a valid or expired ID card or a copy thereof; iii) birth certificate for children up to 18 years of age or a copy thereof.

1.4. Shall UA citizen apply for any special status (refugee etc.) right after entering the country, or this can be done later? If yes, what is the further deadline to apply for special status?

The application for any special status can be done later, but we suggest the application to be done as soon as possible, in order to be granted the rights arising from the status of an applicant.

2. Stay in the country

2.1. For how long UA citizen may stay in the country if entered based on visa-free regime without any additional formalities?

Pursuant to the Decision on granting temporary protection to persons from Ukraine, the UA citizens now may stay in Montenegro up to one year.

2.2. Are temporary residency permits available for UA citizens?

Temporary residency can be permitted to the foreigner, who intends to stay in Montenegro longer than 90 days (currently180 days for UA citizen), for:

(i) family reunification;

(ii) schooling;

(iii) participation in international student exchange programs or other youth programs;

(iv)specialization, professional training or practical training of foreigners;

(v) scientific research work;

(vi) treatment;

(vii) humanitarian reasons;

(viii) use and disposition of the right to real estate in Montenegro;

(ix) performing religious service;

(x) performing volunteer work within the European Voluntary Service;

(xi)residence of stateless persons;

(xii) work; and

(xiii) in other cases in accordance with the law and the international agreement.

If the conditions for temporary residence permit are met, the permit will be issued for the period necessary to fulfil the purpose of the stay, up to a maximum of one year. Conditions for temporary residence permit are the following:

(a) has means of subsistence;

(b) has provided accommodation;

(c) has health insurance;

(d) has a valid foreign travel document or identity card issued to him by the competent authority of another state, whose validity period must be at least three months longer than the period for which the residence or travel document for a stateless person is granted;

(e) he has not been banned from entering and staying in Montenegro;

(f) in Montenegro, has not been legally sentenced to unconditional imprisonment for a term exceeding six months for a criminal offense for which he is prosecuted ex officio, or the legal consequences of the conviction have ceased;

(g) has not been legally sentenced in the country of origin to an unconditional sentence of imprisonment of more than six months for a criminal offense for which he is prosecuted ex officio, or the legal consequences of the conviction have ceased;

(h) there are no obstacles due to national or internal security or public health;

(i) submit proof of justification of the request for issuance of a permit.

For the minors up to 16 years old, the proofs stated in items (f) and (g) are not required.

Temporary residence permit may be renewed under the same conditions as those under which it was issued.

2.3. Are permanent residency permits available for UA citizens?

An individual (UA citizen) can apply for permanent residency permit at the administrative unit where they reside after:

(a)5 years period of continuous and lawful residence in Montenegro; or

(b) 5 years of recognized refugee status or subsidiary protection status.

A permanent residence permit is issued indefinitely but with validity period of 5 years with obligation for prolongation and purpose of residence in Montenegro. Please note that for minor under the age of 4 years, the validity period of permanent permit is 2 years.

Terms for permanent residency permit are the following:

- five years of continuous legal residence in Montenegro on the basis of a temporary residence permit, or recognized refugee status or granted additional protection, or the granted asylum or subsidiary protection in accordance with the law governing international and temporary protection of foreigners;

- a valid travel document;

- sufficient means (regular sufficient income);

- health insurance;

- secured accommodation;

- knowledge of Montenegrin language to the extent that enables basic communication

The time required to grant permanent residence to an foreigner who has been granted asylum or subsidiary protection shall count half the time elapsed from the application for international protection to the decision granting international protection and if the time from the submission of the application for international protection to the adoption of the decision granting him international protection was longer than 18 months, that time shall be counted in the entire duration.

2.4. Is refugee status available for UA citizens?

Refugee status (asylee under the Montenegrin legislative) is available for UA citizens, within international protection. An individual can obtain the refugee status if he/she has a well-founded fear of persecution for the following grounds:

- race or ethnic affiliation;

- religion;

- nationality;

- political opinion or belief; or

- membership of a particular social group in the country of origin.

Refugee status may be obtained by a third-country national who, owing to well-founded fear referred to in the previous paragraph, is located outside the country of his or her nationality and is unable or is unwilling to avail himself or herself of the protection of that country, or a stateless person who is outside the country of his or her habitual residence and is unable or is unwilling to return to that country, provided that there is no exclusionary grounds.

Exclusionary grounds are:

- a person already enjoys the assistance or protection of United Nations bodies and agencies, other than the High Commissioner;

- already has approved residence in Montenegro, based on which state of Montenegro recognizes the same rights and obligations as citizens of Montenegro;

- there are reasonable grounds to suspect that he or she has committed a crime against peace, a war crime or a crime against humanity as defined by international standards;

- there are reasonable grounds for suspecting that, prior to entering Montenegro, a person has committed a serious crime of a non-political nature in another country, even if committed for allegedly political purposes;

- there are reasonable grounds for suspecting that a person has committed acts contrary to the purposes and principles of the United Nations;

- there are reasonable grounds for considering a person is dangerous to the safety or territorial integrity of the Montenegro, as manifested in particular by a threat to sovereignty, to the performance of international obligations and to the protection of the constitutional order.

A foreigner seeking international protection has the right to reside in Montenegro from the day of the expressed intention to submit an application for international protection until the finality of the decision rejecting his application.

2.5. Is there any other status except tourism, temporary/permanent residency permit, refugee available for UA citizens? If yes, please briefly describe the options.

There is temporary protection status, which is currently effective under the Decision, If there is a risk that due to mass influx or impending mass influx of foreigners (mass influx refers to large number of people who come from certain country, regardless whether their arrival is spontaneous or organized), it is not possible to secure an efficient international protection of foreigners in Montenegro, so they cannot return to the country of origin, foreigners may be granted with the temporary protection in order to protect them.

This refers to persons who were forced to leave the country of origin or have been evacuated, who cannot return permanently to safe living conditions due to the situation in the country of origin, especially if:

- They fled areas of armed conflict or violence;

- Are under the risk of systematic or general human rights violations, or have been victims of such human rights violations

Please note, that under the Geneva convention from 1951, the temporary protection does not guarantee a refugee status.

Furthermore, there is also subsidiary protection status, under the international protection of the foreigners. Foreigners may be granted subsidiary protection if they do not meet the refugee status requirements, yet the return to their country of origin could cause you serious harm, including:

- death penalty or execution;

- torture, inhuman or degrading treatment in your country of origin; or

- serious and individual threat to a civilian’s life or person by reason of indiscriminate violence in situations of international or internal armed conflict.

For subsidiary protection there must be no exclusionary grounds, which include:

- a person has committed a crime against peace, a war crime or a crime against humanity, as defined in international treaties or regulations defining such crimes;

- a person has committed a serious crime;

- a person has committed acts contrary to the purposes and principles of the United Nations;

- a person who has committed a criminal offense before entering Montenegro, for which a prison sentence is prescribed in Montenegro, which offense represents a reason why he/she left his country of origin, in order to avoid the sentence.

- a person constitutes a danger to the community or to the security of the Montenegro.

3. If UA citizen entered the country based on no visa regime, or based on tourist visa

3.1. What is the maximum allowed duration of stay in the country?

Please see para 1.2.

3.2. Are any formal procedures (registration etc.) required for the stay?

Any UA citizen entering Montenegro, is obligated to report their arrival to local touristic organization within 24 hours. After the expiration of 90 days, they need to report to foreigners’ inspector within the Ministry, in order to prolong the stay for additional 90 days.

If a person is staying in a hotel or other accommodation, the host will take care of registration to touristic organization.

3.3. Is employment allowed?

UA citizen entered the country based on no visas regime or based on tourist visa cannot be employed, as the employment of foreigners requires obtaining the residency and working permit.

3.4. Is healthcare covered by the hosting state?

The health institution and health workers are obliged to provide emergency medical assistance to the foreigners. Foreigners bear costs of provided emergency medical care or other types of healthcare according to the price list of the health institution.

While staying in Montenegro based on no visa or touristic visa regime, the UA citizens are not covered by free state healthcare system save as stated in the paragraph above, but they have the option to obtain a healthcare policy (cca 1 EUR per day) with some of the private insurance agencies which further allows them to use the state healthcare system.

3.5. What are main taxes, which shall be paid by UA citizen during the stay?

Any foreigner entering Montenegro, staying at private accommodation facility for a short-term nature, is obligated to pay the residence fee, which amount max to 1 EUR per day, per person. There are exceptions from this obligation and refer to: children up to 12 years (children between 12-18 pay 50% of this fee), persons with sensory and physical disabilities, persons who have been continuously staying in the accommodation facility for more than 30 day.

However, we believe that due to these extraordinary circumstances, UA citizens may now be exempted from this obligation.

No taxes should be required to be paid in Montenegro to the extent that the UA citizen’s stay in Montenegro is of a short-term nature. Long-term stay in Montenegro may trigger a risk that a UA citizen becomes a tax resident in Montenegro. UA citizen can be deemed as a tax resident in Montenegro if either of the below conditions are met:

- his/her stay in Montenegro exceeds 183 days,

- has a residence or a centre of business and life interests on the territory of Montenegro;

Please note that residence assumes that it is connected with the centre of business life and life interests and cannot be exclusively valued when determining the tax residency status.

If a UA citizen becomes a Montenegrin tax resident, he/she should obtain a tax number in Montenegro and would be taxed in Montenegro on its worldwide income. For income received from outside of Montenegro, tax reporting should be in such case done by the UA citizen solely, if income is received from a Montenegrin company, reporting should be done by the paying company.

3.6. What is the tax regime and relevant formalities if UA citizen works remotely for businesses in other countries and gets payments from there?

To the extent that such UA citizen is not deemed as a Montenegrin tax resident, there should be no payment and reporting formalities related to taxes of the UA citizen in Montenegro.

3.7. Is it possible to open and use banking account?

It is not possible to open and use banking account while staying in Montenegro, based on no visa regime, or based on tourist visa.

3.8. What is the upper limit of cash which can be put on a banking account without confirmation of the cash source?

Please see para 3.7.

3.9. Is UA driving license accepted? If yes, for how long?

Yes, a foreigner temporarily staying in Montenegro may, on the basis of a valid driver's license or international driver's license issued by the competent authority of another state, drive a motor vehicle in Montenegro.

3.10. What and when is required to use a car brought from Ukraine (insurance, certification etc.)?

A document providing that the driver is entitled to drive the car (if he/she does not own the vehicle), vehicle registration documents, green card (an international certificate of motor third-party liability insurance, providing cover to the extent provided for by the relevant law on compulsory motor third-party liability insurance in Montenegro).

3.11. What is required to sell a car brought from Ukraine in your country?

A car brought from Ukraine may be sold in Montenegro, but prior to that, the vehicle needs to be registered in Montenegro. In order to sell a car brought from Ukraine, it first has to go through customs procedure, which implies paying the customs fee and transfer to the Montenegrin plates and insurance policy. When registering a car, it needs to go through a technical check which confirms that the car is technically correct and may be registered and used in Montenegro.

https://www.euprava.me/usluge/detalji_usluge?generatedServiceId=349 – the link with information on vehicle registration in Montenegrin.

3.12. Are there any special regulations applied to kids under 5yo? At what terms kindergartens are available?

No special regulations. If you reside in Montenegro based on tourist visa, your child cannot be enrolled into a kindergarten.

3.13. Are there any special regulations applied to kids 6 to 18yo? At what terms schools are available?

No special regulations. If you reside in Montenegro based on tourist visa, your child cannot be enrolled into school.

3.14. Are there any special regulations applied to juniors 19 to 22yo? At what terms universities are available?

No special regulations. If you reside in Montenegro based on tourist visa, you cannot be enrolled into university.

3.15. Are there any special regulations applied to elderly people at 60+ age?

No special regulations.

3.16. Are there any special regulations applied to disabled persons?

No special regulations.

3.17. Is there any state program available suggesting accommodation, language courses, local integration? If yes, please briefly describe.

No state program for tourist visa stay.

3.18. Is there any state program suggesting support cash payments to UA citizens? If yes, please give rough numbers.

No program for tourist visa stay.

3.19. Any other important information.

4. If UA citizen entered the country aiming to get temporary residency permit

4.1. When and where UA citizen shall apply to obtain a temporary residency permit? Please briefly describe main steps required and respective timelines.

When entered Montenegro, UA citizen should report their arrival to local touristic organisation and foreigners’ inspector, in accordance para 3.2. After this step, UA citizens who seek temporary residence, should file a request to the competent branch of Ministry of internal affairs, in the business unit of the city they reside at that moment, which request has to be supplemented with the following:

(a)Valid passport, in order for authorities to determine the identity;

(b) Proof of sufficient means of subsistence, which can be provided in any of the following: bank statement, credit card or savings account, proof on personal income deriving from work for previous 3 months, proof of scholarship amount, proof of securing medical expenses, proof that means of subsistence have been provided on base of leasing real estate owned by foreigner, or a statement by which a natural or legal person undertakes to bear a cost of foreigner;

Please note that that foreigner is considered to have sufficient means of subsistence if he/she has funds in the amount of at least 10 EUR per day;

(c)Proof of provided accommodation, such as document on right of ownership of the living space or concluded lease agreement ie. a written statement of the person with whom the foreigner has provided accommodation, a certificate of the employer on provided collective accommodation or a certificate of accommodation with a company or entrepreneur registered to provide accommodation services;

(d) Proof of health insurance, such as travel health insurance, provided by the authorized insurance company (please see para 3.4);

(e)Proof of justification of the application for temporary residence in order to reunify the family, such as proof of the competent authority that a foreigner is a member of the immediate family of a Montenegrin citizen or a member of immediate family of a foreigner granted with temporary or permanent residence in Montenegro (this proof is required only if reunification of the family is the basis for temporary permit).

This request must be filed in person, while for minors that obligation falls on the parents. The same rule applies for receipt of the permit.

The above proofs are general rule. In case that temporary residence permit is to be requested on some of the additional basis as stipulated in para 2.2, additional proofs will be required, which apply for each specific basis. Therefore, we kindly suggest you seek for an additional advice, in case your request is founded on some of those bases.

When submitting the application, a photograph, two fingerprints and a digitized handwritten signature shall be taken from the foreigner, except for the minors under age of 12.

A foreigner who submits a proper application for a temporary residence permit before the expiry of the 90-day stay may stay in Montenegro until an executive decision is issued.

Once the application is filed, the administrative unit will issue a temporary residence permit. The term in which the administrative unit has to decide upon request is 40 days from the date of application is submitted.

Depending on the type of temporary residence permit, certain fees are to be paid while filing the application, in range from EUR 2 - EUR 60.

Assuming the temporary residency permit is granted:

4.2. What is the maximum allowed duration of stay in the country?

Maximum allowed duration is for the time of validity of residence permit. A temporary residence permit is issued for the period required to fulfil the purpose of the stay, but for no longer than one year. A residence permit may also be extended, whereas an application to extend a permit must be submitted 30 days prior to the expiry of the permit, and under the same conditions as it is issued.

An individual who holds a temporary residence permit and does not require a visa to enter the Montenegro may reside in the Montenegro for a maximum of 90 days (currently for UA citizens 180 days) after the expiry of the residence permit, unless he/she is obliged to leave the Montenegro on the basis of a decision of the competent authority.

4.3. Are any formal procedures (registration etc.) required for the stay?

Please see para 3.2.

4.4. Is employment allowed?

Temporary residence permit means a permit to enter and stay in Montenegro for a fixed period of time and for a fixed purpose, so employment is not allowed based solely on temporary residency permit. For employment, a single permit which allows third-country nationals to enter, stay and work in Montenegro must be obtained.

4.5. Is healthcare covered by the hosting state? Is it covered for kids and other dependent relatives?

Citizens of Ukraine have the right to emergency healthcare.

Compulsory health insurance in Montenegro covers insurance for persons who stay in Montenegro on basis of temporary permanent residence permit, regardless of the basis for such permit. Additionally, foreigners who are under temporary, subsidiary or international protection also fall under compulsory health insurance in Montenegro. These rules also apply for the immediate and distant family members.

4.6. What are main taxes, which shall be paid by UA citizen during the stay?

Same conditions apply as explained in 3.5 and 3.6., save for the residence fees. Upon entering Montenegro, either based on tourist visa regime or temporary residency permit, UA citizens are considered as Montenegrin tax non-residents and thus have no tax obligations. They can, however, become tax residents if (once) the conditions explained under question 3.5 are met, which further implies a set of tax obligations, which mostly refers to the taxes on personal income. This includes personal income tax from 9% to 15% depending on the amount of monthly income. This applies provided that the UA citizen is not employed in Montenegro but is making income based on some other activity in Montenegro. If UA citizen is employed in Montenegro, there is a wider range of tax obligation, please ask for additional advice if that should be the case.

4.7. What is the tax regime and relevant formalities if UA citizen works remotely for businesses in other countries and gets payments from there?

The same applies as explained under question 3.5 and 3.6.

4.8. Is it possible to open and use banking account?

It is possible to open and use banking account, in accordance the rules stipulated by each business bank in Montenegro. General rules for opening an account by non-resident refer to submitting a request along with provision of certain proofs, such as passport, temporary or permanent residency permit. However, please note that some banks do not allow to non-residents to open a bank account if those non-residence do not submit a proof of employment in addition to the general proofs and statement on residence at third party accommodation or proof of ownership.

4.9. What is the upper limit of cash which can be put on a banking account without confirmation of the cash source?

Generally, there is no upper limit. Please note that the bank must carry out a customer review for each transaction with a value of EUR 10,000 or more, whether carried out individually or in several transactions which are clearly linked to each other. In event of such customer review, a person must be able to provide evidence of cash source (e.g. a cash withdrawal certificate from a bank abroad).

4.10. Is UA driving license accepted? If yes, for how long?

A foreigner who has been granted temporary or permanent residence in Montenegro, i.e. international or temporary protection may, on the basis of a foreign driver's license, drive a motor vehicle or a set of vehicles for a period of six months from the date of entry into Montenegro. Upon expiration of those six months, the UA citizen has to apply for driving licence in Montenegro. They will be granted a driving licence based on their previously valid license, meaning they will not have to take a driving lesson and pass the tests in Montenegro.

4.11. What and when is required to use a car brought from Ukraine (insurance, certification etc.)?

The same applies as explained under question 3.10.

4.12. What is required to sell a car brought from Ukraine in your country?

The same applies as explained under question 3.11.

4.13. Are there any special regulations applied to kids under 5yo whose parent obtained the temporary residency permit? At what terms kindergartens are available?

Generally, the children's status is connected to the parents' temporary residence status in Montenegro.

A foreigner who has been issued a temporary residence permit with a validity of at least one year has the right to reunite, maintain and regain the integrity of his/her family with his/her family members. To be granted this right, an application must be submitted.

Generally, parents have the right to choose between public and private kindergartens. This means they can choose any kindergarten in any municipality and are not bound to their place of residence. When enrolling a child in a kindergarten, parents must disclose a doctors’ certificate regarding the child's health. Enrolment in kindergartens takes place in May and the kindergarten year starts in September, and there is no lower age limit. The monthly fee in public kindergarens amounts to 40 euros, per child, whereas kindergartens provide with a discount for each next kid from the same family attending kindergarten at the same time. The applications are possible out of regular term, provided that there is a free spot in kindergartens.

4.14. Are there any special regulations applied to kids 6 to 18yo whose parent obtained the temporary residency permit? At what terms schools are available?

Foreign citizens who have a temporary residence or permanent residence in Montenegro are equal in the exercise of the right to education with Montenegrin citizens, in accordance with a special law.

Children who are foreign citizens or under temporary, subsidiary or international protection, or stateless persons residing in Montenegro, have the right to compulsory primary education (primary school) under the same conditions as citizens of Montenegro. Primary school lasts for nine years.

In the event of the enrolment of school-age children with foreign educational documents in primary school in Montenegro, the primary school determines which grade the child will be enrolled in on the basis of the provided documents. In doing so, the school takes into account the evidence of previous education and the age of the child. The school may also take into account the child's knowledge of the Montenegro language. Parents must enrol their children in the first year of primary school if they will be 6 years old in the calendar year in which they start school.

High school lasts for three or four years, depending on the qualification level which certain high school provides. Same rules apply in regard to the enrolment in high school as for the Montenegrin citizens.

4.15. Are there any special regulations applied to juniors 19 to 22yo whose parent obtained the temporary residency permit? At what terms universities are available?

No special regulations.

The foreigners may attend universities under the same conditions as citizens of the Montenegro.

4.16. Are there any special regulations applied to elderly people at 60+ age?

No special regulations.

4.17. Are there any special regulations applied to disabled persons?

No special regulations.

4.18. Is there any state program available suggesting accommodation, language courses, local integration? If yes, please briefly describe.

Unfortunately, no.

4.19. Is there any state program suggesting support cash payments to UA citizens? If yes, please give rough numbers.

There is no special state program that supports cash payments to UA citizens.

In Montenegro, there is option of one-time financial assistance that is provided for the persons who due to the special circumstances that affect housing, material and health situation, finds themselves in state of social need. The procedure and amount is regulated from municipality to municipality, depending on the available budget for such assistance.

Additionally, the persons are entitled to material security. The right to material security can be exercised by an individual or family, if the individual or family member is:

(a) incapable of work;

(b) capable of work, provided that:

(c)pregnant woman;

(d) single parent;

(e)a parent who supports a child, ie a parent who exercises extended parental rights, in accordance with the law;

(f) a person who has completed education according to an educational program with adapted performance and additional professional assistance or a special educational program;

(g) a person after reaching the age of 18, if he / she is in regular secondary school education, by the end of the period prescribed for that education;

(h) a child without parental care, ie a person who was a child without parental care, until the employment is established for a period longer than six months.

Another option is child allowance which is a supplementary allowance for the maintenance, education and upbringing of a child. The right to child allowance may be granted to one parent or another person (guardian) for a child who is a registered resident of Montenegro, until the child reaches the age of 18.

The amount of child allowance is 30.00-60.00 euros per month.

Additionally, a person who needs care and assistance due to physical, mental, intellectual or sensory impairments or changes in health due to physical, mental or sensory impairments is entitled to access to meet needs. The right to the care allowance may be exercised provided that he/she has not exercised this right in accordance with other laws and that he is not a beneficiary of the right to personal disability benefits.

The amount of the care allowance is 65.35 euros per month.

4.20. Are there any restrictions to leave the country?

Generally, there are no restrictions. However, please note that temporary residence permit can becomes invalid if the foreigner who has a temporary residence in Montenegro and wishes to keep that status, leaves and stays outside of Montenegro for more than 30 days.

4.21. Any other important information.

5. If UA citizen entered the country aiming to get permanent residency permit

5.1. When and where UA citizen shall apply to obtain a permanent residency permit? Please briefly describe main steps required and respective timelines.

An individual (UA citizen) can apply for permanent residency permit at the administrative unit where they reside, after:

Please refer to point 2.3. for more information regarding permanent residency permit.

Assuming the permanent residency permit is granted:

5.2. What is the maximum allowed duration of stay in the country?

A permanent residency permit is issued without any restrictions on the duration and purpose of the stay in Montenegro.

5.3. Are any formal procedures (registration etc.) required for the stay?

Other than obtaining a permanent residence permit, by submitting a respective application and provision of the featuring proofs, no.

5.4. Is employment allowed?

The UA citizens, who obtain a permanent residence permit are equal in rights and obligations as citizens of Montenegro, therefore they are fully entitled to work as well as to all the rights in case of unemployment.

5.5. Is healthcare covered by the hosting state? Is it covered for kids and other dependent relatives?

The UA citizens, who obtain a permanent residence permit are equal in rights and obligations in regard to health care system, as citizens of Montenegro. They have the right to emergency and compulsory health care insurance. Please also see para 4.5.

5.6. What are main taxes, which shall be paid by UA citizen during the stay?

Once the UA citizen obtains a permanent residence in Montenegro, he/she should be considered as a Montenegro tax resident. This should usually be the case if at the same time the permanent residency in Ukraine is de-registered or it the permanent residency in Ukraine remains to be registered but it can be considered that the centre of vital interest of the UA citizen should be in Montenegro (based on the location of the family, etc.).

If a UA citizen becomes a Montenegro tax resident, he/she should obtain a tax number in Montenegro and would be taxed in Montenegro on its worldwide income (received from businesses in Montenegro and abroad). For income received from outside of Montenegro, tax reporting should be in such case done by the UA citizen solely (via monthly reporting). If income is received from a Montenegro company, reporting should be done by the paying company via its payroll system.

5.7. What is the tax regime and relevant formalities if UA citizen works remotely for businesses in other countries and gets payments from there?

Further to para 3.5 and 3.6, the Montenegrin tax resident should report income received from outside of Montenegro with the submission of monthly tax returns. Based on the submitted reports, UA citizen pays the personal income tax in Montenegro. Tax paid outside of Montenegro on this income may be used to reduce the tax base in Montenegro, in accordance with the provisions of the applicable double tax treaty.

The permanent residents are entitled to all tax reliefs, as Montenegrin citizens.

5.8. Is it possible to open and use banking account?

It is possible to open and use banking account, in accordance the rules stipulated by each business bank in Montenegro. General rules for opening an account by non-resident refer to submitting a request along with provision of certain proofs, such as passport, temporary or permanent residency permit.

5.9. What is the upper limit of cash which can be put on a banking account without confirmation of the cash source?

Please see para 4.9.

5.10. Is UA driving license accepted? If yes, for how long?

Please see 3.9.

5.11. What and when is required to use a car brought from Ukraine (insurance, certification etc.)?

Please see para 3.10.

5.12. What is required to sell a car brought from Ukraine in your country?

Please see para 3.11.

5.13. Are there any special regulations applied to kids under 5yo whose parent obtained the permanent residency permit? At what terms kindergartens are available?

A permanent residence permit can be issued to a child:

(a)whose one parent, at the time of his birth, is a Montenegrin citizen and has a permanent residence in Montenegro;

(b) whose both parents, at the time of his birth, have been granted permanent residence;

(c)whose one parent, at the time of his birth, has been granted permanent residence, and the other parent is unknown or has died.

Please refer to para 4.13 above for more information regarding kindergartens.

5.14. Are there any special regulations applied to kids 6 to 18yo whose parent obtained the permanent residency permit? At what terms schools are available?

Please refer to point 4.14. above for more information regarding schools.

5.15. Are there any special regulations applied to juniors 19 to 22yo whose parent obtained the permanent residency permit? At what terms universities are available?

No special regulations.

Please refer to point 4.15. for more information regarding universities.

5.16. Are there any special regulations applied to elderly people at 60+ age?

No special regulations.

5.17. Are there any special regulations applied to disabled persons?

No special regulations.

5.18. Is there any state program available suggesting accommodation, language courses, local integration? If yes, please briefly describe.

Unfortunately, no.

5.19. Is there any state program suggesting support cash payments to UA citizens? If yes, please give rough numbers.

Please see para 4.19.

5.20. Are there any restrictions to leave the country?

There are no restrictions.

5.21. Any other important information.

6. If UA citizen entered the country aiming to get refugee status

6.1. When and where UA citizen shall apply to obtain a refugee status? Please briefly describe main steps required and respective timelines.

UA citizen may express their intention to seek international protection (refugee status or subsidiary protection) when crossing a border line with Montenegro, or if he/she is already in Montenegro, they can express their intention in the local police station or at the shelter. Anyhow, UA citizen is obliged to submit a formal request for international protection (verbally on record or in written) within 15 days from expressed intention to the local business unit of Ministry of internal affairs, in the place of stay.

Acting upon request for international protection, Ministry shall hold a hearing providing the foreigner to disclose all information relevant for approving of the international protection.

The Ministry shall decide upon request for international protection, within 6 months and during that time, foreigner may stay in Montenegro, as already stated in para 2.4.

The Ministry may reject the request, in following cases:

(a)a foreigner seeking international protection has been granted international protection in a Member State of the European Union;

(b) a foreigner seeking international protection has been granted international protection in a third country whose rights he still enjoys, which applies the principle of non-refoulement, and that country will accept it again;

(c)there is a possibility for an foreigner seeking international protection to be granted such protection by a secure third country;

(d) there is a possibility for a foreigner seeking international protection to be granted such protection by a European safe third country;

(e)the state responsible for deciding on the request for international protection has been determined for deciding on the request of a foreigner for international protection;

(f) an foreigner seeking international protection is a citizen of a Member State of the European Union.

An action against the decision to reject the application for international protection may be filed with the Administrative Court, within 15 days from the day of delivery of the decision.

The police fills out a registration form and take you to asylum centre, where a person is subject to sanitary-disinfection examination, medical examination, photographing and fingerprinting. Then, information on rights and obligations and rules of procedure for internal protection are provided. The information is provided in a language that a person understands.

An interpreter for a language you understands will also participate in the process.

After submitting the application, a person is accommodated in the accommodation unit of the asylum centre or in other premises belonging to the asylum centre.

It will first be checked if it the request can be dealt with in an accelerated procedure within two months. The accelerated procedure is a shortened procedure in which the Ministry rejects the application with a decision as manifestly unfounded because the applicant clearly does not fulfil the conditions for the recognition of international protection.

In the event of a delay, the Ministry must inform foreigner in writing of the reasons for the delay and inform foreigner of when to expect a decision and Ministry is obliged to decide within 21 months at latest.

Please also see para 2.4.

Assuming the refugee status is granted:

6.2. What is the maximum allowed duration of stay in the country?

The period of international protection validity is not determined. However, the international protection shall cease under the force of law, under certain circumstances that derive from will of the foreigner, in the event of cancellation of international protection due to breaches of stipulated conditions by the foreigner.

6.3. Are any formal procedures (registration etc.) required for the stay?

Please see para 6.1.

6.4. Is employment allowed?

Yes, the international protection users have the right to be employed under the same conditions as Montenegrin citizens.

6.5. Is healthcare covered by the hosting state? Is it covered for kids and other dependent relatives?

Yes, under the same conditions as Montenegrin citizens.

6.6. What are main taxes, which shall be paid by UA citizen during the stay?

Same conditions apply as explained in 3.5 and 3.6.

6.7. What is the tax regime and relevant formalities if UA citizen works remotely for businesses in other countries and gets payments from there?

The same applies as explained under para 3.5 and 3.6.

6.8. Is it possible to open and use banking account?

The same applies as explained under para 3.7.

6.9. What is the upper limit of cash which can be put on a banking account without confirmation of the cash source?

The same applies as explained under para 3.8.

6.10. Is UA driving license accepted? If yes, for how long?

The same applies as explained under para 4.10.

6.11. What and when is required to use a car brought from Ukraine (insurance, certification etc.)?

The same applies as explained under para 4.11.

6.12. What is required to sell a car brought from Ukraine in your country?

The same applies as explained under para 4.12.

6.13. Are there any special regulations applied to kids under 5yo? At what terms kindergartens are available?

The same applies as explained under para 4.13.

6.14. Are there any special regulations applied to kids 6 to 18yo? At what terms schools are available?

The same applies as explained under para 4.14.

6.15. Are there any special regulations applied to juniors 19 to 22yo? At what terms universities are available?

The same applies as explained under para 4.15.

6.16. Are there any special regulations applied to elderly people at 60+ age?

The same applies as explained under para 4.16.

6.17. Are there any special regulations applied to disabled persons?

The same applies as explained under para 4.17.

6.18. Is there any state program available suggesting accommodation, language courses, local integration? If yes, please briefly describe.

Unfortunately, no.

6.19. Is there any state program suggesting support cash payments to UA citizens? If yes, please give rough numbers.

Please see para 4.19.

6.20. Are there any limitations to leave the country?

There are no limitations to leave the country, but it might lead to cessation of international protection, provided that foreigner voluntarily returned to country of origin or another country which approved him the protection.

6.21. Any other important information.

7. Language issues

7.1. What languages can be used for communication in your country?

In Montenegro, the following languages are in official use: Montenegrin. Serbian, Bosnian, Croatian and Albanian. English language can be used for communication almost everywhere.

8. Upcoming or expected legislative changes

8.1. Do you expect any major changes to the relevant legislation?

At this moment, no.

9. Local help resources

9.1. Please provide links and brief descriptions to any local helpful resources.

https://ckcg.me/en/ -Red Cross of Montenegro

https://www.unicef.org/montenegro/en - UNICEF in Montenegro

https://www.unhcr.org/montenegro.html UNHCR in Montenegro

Unlike any other news items in CEELM, these are published as received with no other edits than outlined in this editorial note.