How long can I stay outside Montenegro without losing my residence permit?
The question of how long you are allowed to stay outside the country as a holder of a residence permit in Montenegro is of crucial importance for many people moving to Montenegro. Whether for professional, family or private reasons, it can always happen that you spend a longer period of time outside of Montenegro. But how long is this allowed for and what regulations apply in order not to lose your residence permit? This depends largely on the type of residence permit you have. In this article, we will look at the different scenarios in detail.
1. general regulations for all residence permits
Regardless of how you acquired your residence permit in Montenegro, there is a general basic rule for staying abroad:
- You may stay outside Montenegro for up to 30 days at a time per year without jeopardizing your residence permit.
These 30 days apply both to business people who have obtained their residence permit by founding a company and to people who have come to Montenegro by purchasing real estate or through family reunification. These 30 days can be used freely without the need for prior notification to the authorities. This is a kind of “tolerance period” that can be used without special permission.
2. extension of the stay abroad: Apply for an additional 60 days
If a stay abroad of more than 30 days is planned, it is possible to apply to the authorities in advance. This means that you can apply to the authorities to extend your stay abroad by a further 60 days. However, it is important to note a few things here:
- The application must be made before the planned trip. Subsequent approval is not possible, which means that you should apply in good time.
- If the application is approved, you can stay outside Montenegro for a total of 90 days per year without this affecting your residence status.
This additional application for 60 days is particularly useful if you have longer vacation trips, family obligations or operations (health-related stays) abroad. However, care should always be taken to ensure that these deadlines are not exceeded in order to avoid problems when extending the residence permit.
3. residence permit by founding a company: Special features for managing directors
There is a special feature of the residence permit if you have obtained a residence permit by founding a company in Montenegro and have registered as the managing director of the company. In this case, there is more flexibility with regard to business trips.
3.1. Private Reisen als Geschäftsführer
Managing directors must also comply with the general regulations for private travel:
- Up to 30 days per year can be spent outside Montenegro without notification.
- If the stay abroad is to last longer, an extension to a total of 90 days per year can be applied for from the authorities, as described above.
3.2. Geschäftsreisen und die 180-Tage-Regel
However, managing directors have the advantage that an extended framework applies to business trips. They can spend up to 180 days per year outside Montenegro if they are traveling on business. It is important that the business trips can be documented accordingly. This means that you should be able to prove the necessity of these trips, be it through flight tickets, hotel bookings or business appointments. This ensures that these days are not counted as private absences.
This extended regulation gives managing directors a great deal of flexibility if, for example, they maintain international business relationships or regularly work abroad. However, it is also crucial here to collect evidence of business trips and be able to present this when required.
4. residence permit through real estate purchase or family reunification
If the residence permit was obtained through the purchase of a property or through family reunification, stricter regulations apply, as these forms of residence are primarily intended for permanent living in Montenegro.
- Here, too, you may stay outside the country for up to 30 days at a time per year without having to report this.
- A stay of more than 30 days requires prior application for the additional 60 days to reach a total of 90 days per year.
It is important to note that these forms of residence are primarily aimed at maintaining residence in Montenegro. Frequent or longer absences could lead to problems when extending the residence permit.
5. consequences of exceeding the permitted duration of stay abroad
Failure to comply with the above regulations can have serious consequences. If you exceed the permitted duration of 30 days without a permit or 90 days with a permit without reporting this to the relevant authorities, this can lead to problems when extending your residence permit. When renewing a residence permit, it is not always checked how long the person has actually been out of the country in the past year. However, if it is checked, there are the following possible consequences.
Possible consequences:
- It is possible that a fine will be imposed when the residence permit is renewed if the overstay is discovered.
- It may also mean that you have to leave the country for six months before you can apply for a new residence permit. This would mean that you would have to fulfill all the requirements for a new residence permit again (including documents such as the police clearance certificate).
- And any “accumulated years” for the permanent residence permit would then expire and you would have to start “from scratch”, so to speak. (For a permanent residence permit, you must have successfully extended your residence permit for at least 5 years in a row).
6. less serious consequences for the managing director
Managing directors who exceed the permitted 180 days for business trips or the 30 or 90 days for private trips are not subject to the same strict consequences as other holders of a residence permit. While other cases can result in fines or even deportation for six months, there is a less severe sanction for managing directors.
If the permitted duration of stay abroad is exceeded, the managing director must resubmit all documents required for the initial application when renewing their residence permit. This means that they must not only submit the usual, reduced documents for an extension, but also complete documentation as for the original application. This includes, among other things:
- A current police clearance certificate with apostille (not older than 6 months)
Normally, the renewal process is much less complicated and only requires a reduced set of documents. In this case, however, the managing director is treated as if he is applying for his residence permit for the first time.
In addition to this additional expense, the managing director also loses the so-called “accumulated years” for the subsequent application for a permanent residence permit. In Montenegro, the permanent residence permit is usually granted after at least 5 consecutive years of legal residence. However, if the permitted period of residence abroad has been exceeded, this period starts all over again. This means that although the managing director retains his residence permit, he must again accumulate several years before he can qualify for the permanent residence permit.
Although these consequences are annoying, they represent a much less severe sanction than with other forms of residence permit. Managing directors therefore have more flexibility, but must reckon with additional administrative costs in the event of violations.
7 Conclusion: Plan your stays abroad carefully
It is crucial to know and comply with the regulations for staying abroad in order to avoid losing your residence permit in Montenegro. Regardless of whether you have obtained your permit by founding a company, buying real estate or reuniting a family, the following applies:
- Up to 30 days per year may be spent outside the country without notification.
- With a timely application, this period can be extended to 90 days per year.
- Managing directors have the opportunity to spend up to 180 days abroad per year on verifiable business trips.
It is important to adhere to these deadlines in order to avoid problems with the annual renewal of your residence permit. If you are well prepared and submit the necessary applications in good time, you can easily manage longer stays abroad and secure your stay in Montenegro.
