Montenegro's October Amendments to the Law on Foreigners: Clearer Procedures - or Another Change to the Rules of the Game?

The Law Amending the Law on Foreigners (Zakon o izmjenama i dopunama Zakona o strancima), the latest set of amendments to the Law on Foreigners, was adopted by the Parliament of Montenegro on 15 October 2026. It was published in the Official Gazette of Montenegro No. 154/2026 on 19 October 2026 and enters into force on 27 October 2026 — the eighth day after publication (Article 55 of the amending law).

The amendments touch 73 articles of the principal law and the heading of Chapter XI: the chapter on illegal entry, stay and return has been rewritten in full, a new offence of facilitating illegal migration has been introduced, the rights of victims of crime and illegal employment have been expanded, and the EU Blue Card regime has been removed from the law.

This is the third amending law to the Law on Foreigners in a single year: January 2026 brought a sweeping package of 92 articles, March a narrow amendment to a single article heading, and October another major overhaul. Below we set out exactly what changes and in which direction, followed by a separate list of the legislative inconsistencies we identified by comparing the new text with earlier versions.

⚠️ Note. Comparing the new law with its earlier versions revealed a number of legislative inconsistencies and drafting errors. These are defects in the text of the law itself, not inaccuracies of consolidation. A detailed list, with references to the specific articles, is set out in the final section of this article — "InVero.me Editorial View".

Amendments to the Law on Foreigners: what changes and in which direction

The amendments are grouped below by area of regulation: what becomes stricter, what becomes simpler, which safeguards are strengthened and what disappears from the law.

1. Stricter: control, sanctions, supervision

• A new offence — facilitating illegal migration. Any act that intentionally helps another person to enter Montenegro illegally, transit through its territory or stay in the country is prohibited (Article 12a). Fines under Article 210: legal entity — €3,000–15,000, entrepreneur — €3,000–12,000, natural person providing accommodation services — €1,000–4,000, responsible person — €1,000–4,000, natural person — €2,000–4,000. This directly affects landlords and owners of holiday apartments.

• Presumption of illegal stay (Article 105). Where police records cannot establish that a stay is lawful, the conditions for lawful stay are deemed not to be met. The presumption does not apply to holders of a residence permit or a long-stay visa, and the foreign national may rebut it.

• Graduated entry bans (Article 112): one year where a period for voluntary departure was granted; two or three years depending on which risk-of-absconding circumstances under Article 113 are established; five years or longer where the person's stay poses a threat to public order or security. Previously, the police set the length of the ban at their discretion, between 90 days and five years. Entering in breach of a ban or failing to leave on time results in a three-year refusal of visas and temporary residence permits (except permits for family reunification).

• Enhanced police supervision in the reception centre (Article 129) may last up to six months. The former "stricter police supervision" was capped at seven days.

• "Special circumstances" (Article 134). In the event of a mass influx of foreign nationals, detention may be ordered on conditions that depart from the general rules, and time limits for deciding on legal remedies may be adapted to the authorities' actual capacity.

• Wider carrier obligations (Article 13) — now covering land, air and water transport; the police set the amount of accommodation and removal costs by decision.

Detention periods in the reception centre are essentially unchanged: up to six months, extendable by up to 12 months, with an overall maximum of 18 months (Articles 126 and 132), as before.

Employer offences have been moved into a separate Article 210a with the same fines: legal entity — €1,000–10,000, entrepreneur — €300–6,000, responsible person — €300–2,000, plus a possible ban on business activity for up to six months. Dropped from the list are the offence concerning an employer with fewer than three part-time employees, none of them a Montenegrin citizen, and the offences linked to the EU Blue Card.

2. Simpler and more transparent: the return procedure

• A ten-day period for voluntary departure as the general rule (Articles 108 and 111); where justified, the police may set a period of up to 30 days. If circumstances prevent departure in time, the period is extended for as long as they last — the law lists nine grounds, including the lack of a travel document, the person's health, the death or serious illness of a family member, required attendance before a public authority, a minor finishing the school year, the joint departure of a family and family or social ties built up over a long stay. Previously, the period ranged from 7 to 30 days, extendable to no more than 90 days.

• A single decision on termination of stay and return (Article 109). The authority that terminates or revokes a residence permit sets the period for voluntary departure in the same decision — replacing two separate procedures.

• Form and service of the return decision (Article 110): written form on a prescribed template, personal service, translation of the operative part and the instructions on legal remedies, entry in the records.

• Short, free-of-charge remedies. An appeal against a return decision must be lodged within five days, the Ministry decides within eight days (previously 15), and an administrative dispute must be brought within eight days; no administrative or court fees are payable (Articles 108 and 111).

• Exhaustive lists of grounds (Articles 104 and 113). Illegal stay — five grounds; risk of absconding — seven circumstances. Closed lists replace open-ended, evaluative wording.

3. Stronger procedural safeguards

• Free legal aid without a reciprocity requirement in detention proceedings (Articles 131 and 132) and in court proceedings concerning return decisions (Article 108), as well as in administrative disputes concerning expulsion decisions (Article 115).

• Judicial review of detention every three months (Article 133): the police must, of their own motion, refer the case to the Administrative Court no later than seven days before each three-month period expires; the court holds an oral hearing, and its decision may be challenged before the Supreme Court within eight days.

• Translation into eight languages (Articles 131 and 132): Albanian, English, Arabic, Bosnian, Macedonian, Russian, Serbian and Turkish; on request, into any language the foreign national understands.

• The principle of non-refoulement is expressly enshrined (Article 118), with reference to the Convention for the Protection of Human Rights and Fundamental Freedoms, the European Convention for the Prevention of Torture and the Convention on the Rights of the Child; the return of unaccompanied minors is regulated separately (Articles 114 and 118).

• Monitoring of removals (Article 116): a selected NGO or other independent institution may monitor the procedure; its findings are examined as part of the oversight of the lawfulness of police work.

• Rights during postponement of removal (Article 120): emergency medical care, essential treatment, basic assistance and basic education for minors. A minor is entitled to health care to the extent provided for children; the entitlement continues for those in education after the age of 18 — until they complete their education, but no later than age 26.

• Minors (Article 136): priority is given to facilities suited to minors; enhanced police supervision may not be imposed on an unaccompanied minor.

• Reimbursement of costs (Article 137): a new right to claim reimbursement from the state that issued the removal decision; claims must be filed within one year, and payment is made within three months.

• Less coercive measures first (Article 130): the police must assess, of their own motion, whether the purpose can be achieved without detention and, where possible, impose residence at a specified address, regular reporting, surrender of documents or a financial deposit instead.

4. Wider protection for victims of crime and illegal employment

• The "reflection period" is replaced by permission to remain in Montenegro (Article 54) — odobravanje zadržavanja — for 90 days, extendable by up to a further 90 days. The scope is broadened: alongside victims of human trafficking, it now covers victims of domestic violence and victims of illegal employment.

• Temporary residence on humanitarian grounds (Article 52): a victim of illegal employment qualifies if they cooperate in criminal proceedings against the employer or have brought proceedings to enforce employment rights. If wages remain unpaid, the stay may be extended at the victim's request for as long as recovery proceedings last.

• New Article 52a: the application must be filed before the period of permission to remain under Article 54 expires; a certificate entitles the victim to stay until a final decision is made; victims without means of subsistence are exempt from administrative fees, form costs and interpreting and translation costs; the permit is issued for six months to one year and is renewable.

• Victims' rights (Article 53): a victim without means of subsistence is entitled to emergency medical care, other forms of health care and social benefits; the right to work (a victim of illegal employment — including with another employer); victims of trafficking — the right to education and vocational training.

• Special protection for vulnerable persons (new Article 138a): return measures must take into account the best interests of the child, family life, the person's state of health, and the needs of persons with disabilities, elderly persons, pregnant women, single parents and victims of torture or serious violence.

5. New rules: an investor residence route for EU citizens

• New Article 70g. An EU citizen who is an entrepreneur or company owner may obtain a temporary residence and work permit on the basis of an investment of at least €250,000. Investment means a direct capital contribution to a new or existing company, the acquisition of an ownership stake, or funds deposited in an escrow account pending their allocation to an approved business venture — with proof of the origin of the funds.

• The permit is issued for up to three years and may be extended for a further three years; an extension application must be filed no later than 30 days before the permit expires.

• Close family members may join the permit holder; the holder must actually stay in Montenegro for at least 15 days during the period of validity.

6. What disappears from the law

• The EU Blue Card regime (Articles 184–203) is deleted in full — conditions of issue, time limits, renewal, change of employer, permanent residence, the form, and the reference to Directive 2009/50/EC. The heading of Chapter XI goes with them. There is no practical effect: the regime's application had been deferred until Montenegro's accession to the EU, and it was never applied.

• From the offences of EU Blue Card holders (Article 215), the items on working without a permit and on failing to report the termination of an employment contract are deleted.

• Article 95 no longer refers to the deleted Article 186(3) and Article 197(1); cross-references in Articles 8, 65, 83 and 94 now point to the new Article 107.

Article-by-article analysis

I. Definitions (Article 6)

The definition of "employer" is refined: it now covers not only the entity with which a foreign national concludes an employment contract, but also any other entity that may employ a foreign national under the law governing employment relations. New definitions are introduced for victim of illegal employment, illegal employment, particularly exploitative working conditions, international protection, illegal stay, voluntary departure, risk of absconding, removal, removal decision, return and entry ban. They form the conceptual basis for the new offence and for the entire return chapter.

📄 Article 6 — Meaning of terms

II. Ban on facilitating illegal entry, transit and stay (Article 12a) and liability (Articles 210 and 210a)

Article 12a (new) prohibits any act that intentionally helps another person to enter Montenegro illegally, transit through its territory or stay in the country. An exception applies: the act is not a breach if it is carried out to provide humanitarian assistance, save lives, prevent injury or provide emergency medical care — in accordance with EU law, international law and national legislation.

Article 210 introduces a new offence of facilitating illegal entry, stay or transit. Article 210a (new) brings together the existing employer offences — with the same ranges of fines as in the former version of Article 210.

For offences under Article 210a, a protective measure banning business activity for up to six months may also be imposed.

📄 Article 12a · Article 210 · Article 210a

III. Carrier obligations (Article 13)

Carrier obligations now extend to land, air and water transport. The amount of accommodation and removal costs borne by the carrier is set by a police decision, which may be appealed to the Ministry within eight days. The secondary liability of the natural or legal person at whose invitation the visa was issued or entry was permitted is retained: that person bears the costs if neither the travel organiser nor the foreign national can cover them.

📄 Article 13 — Carrier obligations

IV. Protection of victims (Articles 52, 52a, 53 and 54)

Article 52 — temporary residence on humanitarian grounds

Item 2a is reworded: the ground applies to a victim of illegal employment who cooperates in criminal proceedings against the employer or has brought proceedings to enforce employment rights. Four new paragraphs are added: the ground is confirmed by the competent state prosecutor (for a witness in criminal proceedings) or by the competent court (for an employment dispute); if wages and other employment claims remain unpaid, the stay may be extended at the victim's request even after the criminal proceedings end — for as long as recovery proceedings last; if the claims are paid earlier, the victim must inform the Ministry.

Article 52a (new) — duration of temporary residence on humanitarian grounds

The application must be filed before the period of permission to remain under Article 54, or the period of lawful stay, expires. The Ministry issues a certificate entitling the victim to stay in Montenegro until a final decision is made. Victims without means of subsistence are exempt from administrative fees, form costs and translation costs. The permit is issued for six months to one year and is renewable.

Article 53 — victims' rights

A victim without means of subsistence is entitled to emergency medical care and other forms of health care, as well as social benefits; the right to work (a victim of illegal employment — including with another employer); victims of trafficking — the right to education and vocational training.

Article 54 — the "reflection period" replaced by permission to remain

The reflection period (period refleksije) is abolished. The police now grant zadržavanje u Crnoj Gori — permission to remain in the country for 90 days, so that the victim can decide whether to cooperate with the authorities. Permission extends beyond victims of human trafficking to victims of domestic violence and victims of illegal employment, and may be extended by up to 90 days. The police, the labour inspectorate and NGOs must inform victims of the options and conditions for obtaining a temporary residence permit.

📄 Article 52 · Article 52a · Article 53 · Article 54

V. Investor residence for EU citizens (Article 70g)

A temporary residence and work permit for an EU citizen who is an entrepreneur or company owner, based on an investment of at least €250,000. Investment covers a direct capital contribution to a new or existing company, the acquisition of an ownership stake, or funds deposited in an escrow account pending allocation to an approved business venture, with proof of the origin of the funds. Validity — up to three years, extendable for a further three years; extension application — no later than 30 days before expiry. Close family members may join the holder. Minimum required stay — at least 15 days.

📄 Article 70g — Employment of EU citizens on the basis of investment in Montenegro

VI. Return, removal and detention (Articles 104–138a)

Concepts and presumptions

• Article 104 — illegal stay: a closed list of five grounds (illegal entry; no valid visa or expiry of the visa; no approved stay or termination of stay; expiry of the permitted period of stay; stay contrary to the purpose or conditions of entry or stay).

• Article 105 — obligation to leave Montenegro, definition of illegal entry (four grounds) and the presumption of illegal stay. Return must respect the principle of non-refoulement, the best interests of the child, family life and the person's state of health.

• Article 106 — duty to notify (formerly Article 105).

• Article 107 — measures to secure return: voluntary departure, entry and residence ban, removal, detention, obligations of the foreign national, and other measures.

Return decision and voluntary departure

• Article 108 — return decision: cases in which no decision is issued; a ten-day period for voluntary departure (up to 30); free legal counselling and free legal aid; appeal within five days, Ministry decision within eight days; administrative dispute within eight days; no fees.

• Article 109 — single decision on termination of stay and return.

• Article 110 — issuing and serving the return decision: written form on a template, personal service, translation of the operative part and the instructions on legal remedies, entry in the records, best interests of the child.

• Article 111 — voluntary departure: extension of the period for as long as circumstances last, on nine grounds; obligations to prevent absconding (reporting to the police, financial guarantee, surrender of documents, residence at a specified address); the same time limits for remedies and the same fee exemption.

Entry ban and risk of absconding

• Article 112 — entry ban: one, two, three, or five or more years; possibility of withdrawal, reduction or suspension (death or illness of a family member, emergency medical care, mandatory attendance at proceedings, humanitarian reasons); exception for victims of trafficking; the ban runs from the date of actual departure; three-year refusal of visas and residence permits after entry in breach of a ban.

• Article 113 — risk of absconding: seven circumstances (false information, false or forged documents, entry during a ban, a sanction for illegal stay, a clearly stated intention not to comply, previous evasion, repeated sanctions).

Safeguards in removal

• Article 114 — protection against removal: individual assessment, unaccompanied minors, postponement of removal.

• Article 115 — free legal aid in administrative disputes concerning expulsion decisions.

• Article 116 — removal: escort to the border or handover; proportionate use of coercive means; monitoring by a selected NGO or other independent institution.

• Article 117 — recognition of removal decisions of other states (Directive 2001/40/EC, Council Decision 2004/191/EC); national contact point within the Ministry; compensation of costs.

• Article 118 — the principle of non-refoulement, with reference to the Convention for the Protection of Human Rights and Fundamental Freedoms, the European Convention for the Prevention of Torture and the Convention on the Rights of the Child.

• Articles 119–122 — postponement of removal: six grounds, up to six months with extensions; rights of the foreign national; action before the Administrative Court (five and eight days respectively).

• Articles 123 and 124 — joint flights for removal by air and assistance to a Member State in transit.

• Article 125 — issuing a visa or residence authorisation to a person subject to a Member State decision: checks in the Schengen Information System, consultations, humanitarian exceptions.

• Article 138a (new) — special protection for vulnerable persons in return procedures.

Detention and the reception centre for foreigners

• Article 126 — detention and placement in the reception centre for foreigners: conditions; separate accommodation for women, families with children, unaccompanied minors, elderly and seriously ill persons; maximum six months; right to apply to the Protector of Human Rights and Freedoms (Ombudsman).

• Article 127 — house rules of the reception centre.

• Article 128 — measures for breaches of the house rules: detailed lists of minor and serious breaches.

• Article 129 — enhanced police supervision: conditions, up to six months.

• Article 130 — less coercive measures: mandatory ex officio assessment; residence at an address, reporting to the police, surrender of documents, financial deposit.

• Article 131 — detention procedure: decision, free legal aid without a reciprocity requirement, action within eight days, court decision within six days, translation into eight languages.

• Article 132 — extension of detention by up to 12 months, overall maximum of 18 months.

• Article 133 — ex officio review of the justification for detention every three months, oral hearing, application to the Supreme Court within eight days.

• Article 134 — "special circumstances" (mass influx).

• Article 135 — powers to search and to take biometric data.

• Article 136 — procedure for minors.

• Article 137 — reimbursement of costs, including from the state that issued the removal decision.

• Article 138 — procedure for a person granted international protection in a Member State.

📄 Article 104 · Article 105 · Article 107 · Article 108 · Article 111 · Article 112 · Article 113 · Article 116 · Article 117 · Article 118 · Article 119 · Article 126 · Article 130 · Article 131 · Article 132 · Article 133 · Article 136 · Article 137 · Article 138a

VII. Abolition of the EU Blue Card (Articles 184–203)

Articles 184–203 are deleted in full: conditions of issue, time limits, renewal, change of employer, permanent residence, the form, and the reference to Directive 2009/50/EC. The heading of Chapter XI is deleted as well. There is no practical effect — the regime's application had been deferred until Montenegro's accession to the EU, and it was never applied.

📄 Law on Foreigners — Chapter XI

VIII. Minor offences (Articles 210, 210a, 213 and 215)

• Article 210 — new offence: facilitating illegal entry, stay or transit (see section II).

• Article 210a (new) — employer offences (11 items), carried over from the former Article 210 with no change to the ranges of fines.

• Article 213 — offences by foreign nationals aligned with the new Article 104 (five grounds of illegal stay) and Article 127(1) (house rules of the reception centre).

• Article 215 — the items on working without a permit and on failing to report the termination of an employment contract are deleted from the offences of EU Blue Card holders.

📄 Article 213 · Article 215

IX. Transitional provisions: how the approach changed over the year

Over the past year, three amending laws to the Law on Foreigners were adopted, and each took a different approach to transitional provisions.

January 2026 (Official Gazette No. 3/2026) — 92 articles

The law was adopted on 31 December 2025, published on 9 January 2026 and added four transitional provisions:

• Article 221b — a new list of provisions whose application is deferred until EU accession (Article 21(7)–(10), Article 68(3) item 3, Articles 75, 75a, 75b, 75v and 75g, Article 78(1) items 7a and 7v), together with a rule on seasonal employment pending accession.

• Article 216v — implementing regulations to be adopted within 12 months; until then, the existing ones continue to apply insofar as they are consistent with the law.

• Article 217a — proceedings initiated before the law's entry into force are concluded under the previous law (visas, residence and work permits, permanent residence, work registration certificates, statelessness status, travel documents).

• Article 218a — permits and documents issued under the previous version of the law remain valid until they expire.

March 2026 (No. 33/2026) — a single amendment

The law was published on 10 March 2026. Only the heading of Article 175a was changed — "Zloupotreba prava ili prevara" (Abuse of rights or fraud). No transitional provisions were introduced.

October 2026 (No. 154/2026) — 55 articles

There are no transitional provisions: Article 55 of the amending law deals only with entry into force. Yet it is precisely this law that rewrote Articles 104–138 with their content shifted, deleted Articles 184–203 and amended Articles 210 and 215 — thereby affecting several items on the lists in Articles 221 and 221b without updating those lists.

📄 Article 221b · Article 216v · Article 217a · OG 3/2026, Article 91 · OG 33/2026, Article 1 · OG 154/2026, Article 55

InVero.me Editorial View: inconsistencies and drafting errors in the text of the law

Comparing the new law with its earlier versions, we identified thirteen inconsistencies and drafting errors. All of them concern the text of the law itself, not the consolidation: quotations have been checked against the official text in the Official Gazette of Montenegro Nos. 154/2026 and 3/2026. Until they are corrected, the application of several provisions remains uncertain.

1. Deferred application turned upside down — the central inconsistency

Article 221 of the principal law (in its 2019 wording, left unchanged by the law of 19 October 2026) reads:

"Odredba člana 50 stav 5, člana 67 stav 1 tač. 5, 6 i 7, člana 115, čl. 120, 121 i 122, čl. 150 do 203, člana 210 stav 1 tač. 12, 13 i 14 i člana 215 ovog zakona primjenjivaće se od dana pristupanja Crne Gore Evropskoj uniji."

(The provisions of Article 50(5), Article 67(1) items 5, 6 and 7, Article 115, Articles 120, 121 and 122, Articles 150 to 203, Article 210(1) items 12, 13 and 14 and Article 215 of this Law shall apply from the date of Montenegro's accession to the European Union.)

When Article 221 was adopted, these numbers contained EU-related provisions: Article 115 — forced removal on the basis of an EU Member State decision; Article 120 — joint flights of EU Member States; Article 121 — assistance to an EU Member State in removal by air; Article 122 — notification of action on a request for assistance.

The law of 19 October 2026 rewrote every article from 104 to 138, and the content of the block shifted: a new definition of illegal stay was placed in Article 104, the previous content moved into the following numbers, and Article 138a was added.

The article numbers stayed the same, but they now hold entirely different, domestic content: Article 115 — free legal aid; Article 120 — rights of a person whose removal has been postponed; Article 121 — revocation of postponement; Article 122 — termination of postponement. The EU-related content has moved to Articles 117, 123, 124, 125, 137 and 138, which are not on the Article 221 list — so they apply from 27 October 2026.

The result: deferred application is inverted — domestic provisions are formally deferred until EU accession, while the EU-related ones apply immediately.

📄 Article 221 · Article 115 · Article 120 · Article 121 · Article 122

2. Reference to deleted articles

Article 221 refers to "Articles 150 to 203", yet Articles 184–203 were deleted by the same law. Part of the reference now points to articles that no longer exist.

3. Reference to non-existent items

Article 221 refers to "Article 210(1) items 12, 13 and 14". These used to be employer offences linked to the EU Blue Card. The new Article 210 has no numbered items — it consists of five paragraphs — and these three items were not carried over into Article 210a, where the employer offences now sit. The reference is left hanging.

4. A sanction for breaching deleted provisions

Article 215(2) penalises breaches of obligations under Article 190(1) and Article 191(2) — yet those articles were deleted in full by the same law (the EU Blue Card regime). The sanction attaches to an obligation that no longer exists.

📄 Article 215

5. Outdated cross-references in Article 210a

Article 210a carries over the employer offences, but three of its items refer to paragraphs as numbered before the January 2026 amendments:

• Item 8 (employer failed to notify the Ministry within eight days) refers to Article 67(5). The January law inserted a new paragraph 2 into Article 67 and provided: "Dosadašnji st. 2 do 5 postaju st. 3 do 6" (former paragraphs 2 to 5 become paragraphs 3 to 6). The notification duty is now in paragraph 6, while paragraph 5 contains the duty to keep copies of documents at the workplace — already penalised under item 7;

• Items 9 and 10 (concluding an employment contract within 24 hours and reporting that the foreign national did not start work) refer to Article 70(4) and (5). The January law rewrote Article 70 in full: these duties are now in paragraphs 6 and 7 — Article 70(7) itself refers to "the time limit in paragraph 6".

In the same January law, the legislature corrected an identical reference in Article 84 ("Article 70(5)" → "Article 70(7)"), yet in October it reproduced the old numbering in Article 210a.

📄 Article 210a · Article 67 · Article 70 · Article 84

6. Numbering error in Article 122

The list of grounds for terminating postponement of removal contains four items, but the fourth is not numbered: "3) stranac … napusti teritoriju Crne Gore;" is followed by "stranac ne izvršava obaveze određene rješenjem iz člana 119 stav 7 ovog zakona" — with no "4)".

7. Incorrect cross-reference in Article 70g

Paragraph 5 of the new investor residence article reads: "Uz zahtjev iz stava 3 ovog člana prilaže se važeća strana putna isprava…" (The application referred to in paragraph 3 shall be accompanied by a valid foreign travel document…). However, the extension application is governed by paragraph 4, while paragraph 3 sets the permit's period of validity. The text appears to have been taken from Article 70a (residence for employment in the IT sector), where the application is indeed in paragraph 3 and the same reference is correct; Article 70g added a paragraph on investment, but the reference was not updated.

📄 Article 70g · Article 70a

8. Shifted cross-references in Article 132

Paragraph 9: "Rješenje iz stava 7 ovog člana sadrži i pouku…" (The decision referred to in paragraph 7 shall also contain instructions…) — but paragraph 7 deals with free legal aid, while the decision extending detention is mentioned in paragraph 8. Paragraph 10: "…pouka iz stava 8 ovog člana prevode se…" (…the instructions referred to in paragraph 8 shall be translated…) — but the instructions are in paragraph 9. Both references are off by one paragraph. In the neighbouring Article 131, the equivalent reference ("pouka iz stava 1") is correct.

9. An incomplete condition in Article 133

The last paragraph of Article 133 sets two conditions for placing a foreign national back in the reception centre after release at the end of the maximum period: the person "može se ponovo smjestiti u prihvatilište za strance samo ako zbog novih ili bitno promijenjenih okolnosti ponovo postoje zakonski uslovi za zadržavanje i ako se opravdano može." (may be placed in the reception centre again only if, owing to new or substantially changed circumstances, the legal conditions for detention are met again and if it reasonably can.) The sentence is formally complete, but the second condition has no content: it does not say what "reasonably can" be done or expected.

The previous version of the same provision spelled it out: renewed placement was allowed if "zbog promijenjenih okolnosti opravdano očekuje da će se moći prinudno udaljiti" (owing to changed circumstances, removal can reasonably be expected to be carried out). That part is missing from the new text.

The meaning of the second condition therefore has to be supplied by interpretation, and at least two readings are possible. The first: "if it is justified", i.e. a general proportionality requirement. The second: "if removal can reasonably be expected", as in the previous version.

📄 Article 132 · Article 133

10. No transitional provisions

The law of 19 October 2026 contains no transitional provisions: Article 55 deals only with entry into force. There is no rule on which law governs proceedings initiated before 27 October 2026, even though the reform changes time limits, competent authorities and types of decisions. By comparison, the law of 9 January 2026, in a similar situation, introduced Article 217a (pending proceedings are concluded under the previous law), Article 216v (implementing regulations within 12 months, with the existing ones applying in the meantime) and Article 218a (previously issued documents remain valid until expiry). In October 2026, the legislature did not follow that practice.

11. Deleting the EU Blue Card before EU accession

The regime (Articles 184–203) had been deferred until EU accession and was never applied. Deleting it removes from the legal order the provisions that transposed Directive 2009/50/EC. How Montenegro will meet the corresponding requirement of the EU acquis by the time of accession remains an open question.

12. Inconsistency in the provisions on EU citizens

The new Article 70g (investor residence for EU citizens) does not appear on the lists in Articles 221 or 221b and applies from 27 October 2026, while the entire special regime for EU citizens (Articles 150–178b) is deferred until EU accession. Until then, EU citizens are subject to the general rules for foreign nationals, which makes Article 70g the only special provision for EU citizens that already applies.

13. Evidence of the legislature's own inconsistency

The same law cleaned up Article 95 — removing the references to the deleted Article 186(3) and Article 197(1) — and updated the references in Articles 8, 65, 83 and 94 to the new Article 107. In other words, some cross-references were put in order, while Article 215, Article 221 and the references in the new Article 210a were not.

📄 Article 95

Editorial conclusion

In substance, the October amendments tighten control over illegal migration while expanding protection for victims and procedural safeguards — a step towards greater certainty in procedures.

However, the drafting leaves much to be desired: rewriting an entire block of articles with shifted content, without aligning the transitional provisions, has left deferred application inverted. Several cross-references point to deleted or non-existent provisions or to paragraphs under outdated numbering, and the second condition in Article 133 is left incomplete.

In January 2026, the legislature demonstrated sound technique — a separate provision on deferred application (221b), one on implementing regulations (216v), one on pending proceedings (217a) and one on previously issued documents (218a). In October 2026, despite a far larger reform, none of these models was used. In our view, the law requires correction and clarification of its transitional provisions — above all Articles 221 and 215 — as well as technical corrections to Articles 70g, 122, 132, 133 and 210a.

ℹ️ This article is for information only and does not constitute legal advice. For specific questions, please consult a qualified lawyer.

What next: open the Law on Foreigners in its current version to compare the old and new wording of each article, or read the full text of the October amendments.