Montenegro Citizenship Requirements

Obtaining Montenegrin citizenship is regulated by the Law on Montenegrin Citizenship and by rules related to the legal status of foreign nationals. For an applicant, the key factors are the basis of residence, the continuity of legal status, the availability of housing and income, the absence of criminal convictions, compliance with tax obligations, and fulfillment of the requirements for naturalization.

Montenegrin citizenship may be acquired by origin, by birth on the territory of the country, by admission to citizenship, and on the basis of international treaties.

This article examines the current grounds for obtaining Montenegrin citizenship, the conditions for naturalization, the role of temporary and permanent residence permits, and the specific aspects of acquiring citizenship through marriage.

Legal basis of Montenegrin citizenship

The rules for obtaining citizenship are established by the Law on Montenegrin Citizenship. It defines four grounds for acquiring citizenship: origin, birth on the territory of Montenegro, admission to citizenship, and international treaties. These grounds should not be mixed: different conditions apply to a child of a Montenegrin citizen, a spouse of a Montenegrin citizen, and a foreign national who has lived in the country for several years.

Citizenship differs from temporary and permanent residence. A temporary residence permit gives a foreign national the right to stay in the country on a specific basis: employment, family, study, medical treatment, real estate ownership, and other circumstances. Permanent residence confirms a more stable right of residence, but it does not in itself make a foreign national a citizen. To obtain citizenship, the applicant must meet the separate requirements set out in the citizenship law.

The decision on admission to citizenship is made by the competent state authority. When reviewing an application, the authorities assess not only the period of residence, but also the legality of the applicant’s status, the continuity of stay, the availability of housing and income, criminal record, knowledge of the language, tax obligations, and any possible risks to security or public order.

Advantages and limitations of Montenegrin citizenship

Montenegrin citizenship should be assessed not only in terms of passport mobility, but also in terms of the overall legal consequences.

Advantages of Montenegrin citizenship:

• The right to permanent residence. A Montenegrin citizen does not depend on the renewal of a temporary or permanent residence permit, the grounds for residence, periods of absence from the country, or migration checks applicable to foreign nationals. This is the main legal distinction between citizenship and any type of residence status. Temporary and permanent residence permits provide the right to reside subject to compliance with certain conditions, while citizenship establishes a permanent legal bond with the state.
• A passport with visa-free access to the Schengen Area. Montenegrin citizens holding a biometric passport may enter Schengen Area countries for short stays without a visa for up to 90 days within any 180-day period. This regime has been in effect since December 2009. It does not grant the right to live or work in the EU, but it significantly simplifies business trips, tourism, visits to relatives, and short-term travel across Europe.
• The prospect of a stronger status if Montenegro joins the EU. If Montenegro becomes a member of the European Union, citizens of the country may potentially receive the rights of EU citizens, including freedom of movement, residence, and employment in EU member states.
• A relatively clear tax environment. Taxation of employment income is based on a progressive scale: annual income up to EUR 8,400 is taxed at 0%, income from EUR 8,400.01 to EUR 12,000 is taxed at 9%, and income above EUR 12,000.01 is taxed at 15%.

Limitations and risks of Montenegrin citizenship:

• A Montenegrin passport is not an EU passport. At present, Montenegrin citizenship does not grant the right to freely live, work, study, or conduct business in European Union countries under the same conditions as EU citizens.
• The issue of dual citizenship. Montenegrin legislation requires the applicant to renounce their previous citizenship or provide evidence that they will lose it after acquiring Montenegrin citizenship.
• A long legalization process. The applicant first obtains temporary residence, then permanent residence, after which the possibility of applying for citizenship is assessed. The official rules on permanent residence provide for the possibility of obtaining permanent residence after five years of lawful and continuous residence, but not all grounds for temporary residence are counted toward this period.
• The citizenship by investment program has ended. Purchasing real estate, investing in a project, or owning a business does not guarantee the acquisition of citizenship.

Montenegrin citizenship by origin

A child acquires Montenegrin citizenship by origin if both parents were Montenegrin citizens at the time of the child’s birth. In this case, the place of birth is irrelevant: the child may be born either in Montenegro or abroad.

If only one parent has Montenegrin citizenship, the conditions depend on the place of birth and the status of the other parent. A child acquires citizenship by origin if the child was born in Montenegro and one of the parents was a Montenegrin citizen at the time of birth.

If the child was born abroad, citizenship is also possible where the other parent is unknown, has unknown citizenship, is stateless, or where the child would otherwise remain stateless.

A separate rule applies to a child born outside Montenegro to one parent who is a Montenegrin citizen and another parent who is a foreign national. In this case, citizenship may be obtained by entering the child in the birth register and the register of Montenegrin citizens. The law sets specific deadlines: the application must be submitted before the child turns 18; for a person over 18, it must be submitted before they turn 23.

For this category of applicants, the key documents are usually the child’s birth certificate, documents confirming the parents’ citizenship, documents confirming marriage or parentage, and, in the case of adoption, the adoption decision. If the child was born abroad, proper registration of the birth in the Montenegrin registers will also be required.

Citizenship by birth on the territory of Montenegro

Citizenship by birth in Montenegro does not apply to all children born in the country. Montenegro does not apply an unconditional right of the soil: a child of foreign nationals does not become a Montenegrin citizen solely because of the place of birth. This ground works as protection against statelessness.

A child born or found on the territory of Montenegro acquires Montenegrin citizenship if at least one of the following conditions is met:

• The child’s parents are both unknown.
• The citizenship of the parents is unknown.
• The parents are stateless.
• The child would otherwise remain stateless.

The law also provides for the subsequent loss of citizenship acquired on this ground. If, before the child turns 18, it is established that the child’s parents are citizens of another state, or that the child has acquired citizenship of another state, Montenegrin citizenship may be lost. If the child has already turned 14, the child’s consent is required for the loss of citizenship.

Citizenship through naturalization

Naturalization is the main procedure for obtaining citizenship for an adult foreign national who does not have Montenegrin citizenship by origin, does not have the special status of a child, and does not acquire citizenship under an international treaty.

In standard naturalization, Montenegro requires the applicant to be released from the citizenship of another state. This is one of the most significant conditions, as it may delay the procedure or make it impossible for citizens of countries where renunciation of citizenship is restricted or depends on the discretion of the authorities.

If the applicant has not yet renounced their previous citizenship, they may request a guarantee of admission to Montenegrin citizenship. Such a guarantee is valid for two years. During this period, the applicant must provide proof of release from their previous citizenship; if they fail to do so, the procedure is terminated.

Citizenship through marriage to a Montenegrin citizen

Marriage to a Montenegrin citizen does not grant citizenship automatically. A foreign national may acquire Montenegrin citizenship through marriage if all of the following conditions are met:

When citizenship is acquired through marriage, the law does not require 10 years of residence: the period is reduced to 5 years. A separate rule applies if the marriage ended due to the death of the spouse who was a Montenegrin citizen. If the marriage lasted for at least 3 years, the provision on citizenship through marriage still applies.

The key documents for this ground will include the marriage certificate, documents of the spouse who is a Montenegrin citizen, confirmation of the applicant’s lawful residence in the country, documents on housing and income, criminal record certificates, and materials confirming the absence of obstacles related to public order and security.

Citizenship for Montenegrin emigrants and their descendants

Under Article 10 of the Law on Montenegrin Citizenship, citizenship may be acquired by a Montenegrin emigrant and a member of their family up to the third degree of kinship in the direct line, provided that the applicant has lawfully and continuously resided in Montenegro for at least two years and meets part of the conditions for general naturalization.

The third degree of kinship in the direct line usually covers a vertical family connection: parent, grandparent, or great-grandparent. Documents are required to show an uninterrupted family line from the emigrant to the applicant.

Citizenship in special cases

Montenegro may, by way of exception, admit an adult foreign national to citizenship even if the person does not meet the standard conditions. This is possible if their admission to citizenship is of special importance for the state, scientific, economic, cultural, sports, or other interests of Montenegro.

A decision on this ground is made by the authority responsible for internal affairs. In cases related to state interests, the basis is a proposal by the President of Montenegro, the Speaker of Parliament, or the Prime Minister. In other cases, the opinion of the state authority competent in the relevant field is taken into account, for example, sports, culture, economy, or science.

Documents for obtaining citizenship

The list of documents depends on the ground on which the applicant is claiming citizenship. For admission to citizenship under the general procedure, the applicant usually needs:

• passport or another valid identity document;
• birth certificate;
• documents confirming lawful residence in Montenegro;
• confirmation of continuity of residence;
• documents confirming the availability of housing: a lease agreement, title deed, or other proof of address;
• documents confirming a permanent source of income: employment contract, salary certificate, tax documents, documents on entrepreneurial activity, or other proof of funds;
• criminal record certificate;
• confirmation that no criminal proceedings are being conducted against the applicant, if such a document is required;
• confirmation of knowledge of the Montenegrin language at the level of basic communication;
• certificates confirming the absence of tax debt and other unfulfilled legal obligations;
• a document confirming release from previous citizenship or proof that the previous citizenship will cease after the acquisition of Montenegrin citizenship;
• application for admission to citizenship.

Documents for citizenship through marriage:

• marriage certificate;
• document confirming the spouse’s citizenship;
• applicant’s passport;
• applicant’s birth certificate;
• documents confirming lawful and continuous residence in Montenegro for at least 5 years;
• documents confirming housing;
• documents confirming a permanent source of income;
• criminal record certificate;
• documents or checks confirming the absence of obstacles related to public order and national security.

For this reason, it is important to confirm not only the fact of marriage itself. The law requires that the marriage to a Montenegrin citizen has lasted for at least 3 years and that the applicant has lawfully and continuously resided in the country for at least 5 years before submitting the application. The requirements regarding age, housing and income, the absence of a serious criminal conviction, and the absence of security threats also remain in force.

Documents for citizenship by origin:

• child’s birth certificate;
• documents confirming the citizenship of both parents, if both parents are Montenegrin citizens;
• document confirming the citizenship of one parent, if only one of them is a Montenegrin citizen;
• documents of the other parent: passport, citizenship certificate, certificate of statelessness, or another document, if their status is relevant;
• parents’ marriage certificate or documents establishing parentage;
• foreign birth certificate, if the child was born abroad;
• documents required to enter the child in the Montenegrin registers;
• adoption decision, if citizenship is obtained through full adoption;
• the child’s consent, if the child has already turned 14 and the law requires consent in the specific situation.

The Government of Montenegro lists several cases of acquiring citizenship by origin: through the citizenship of both parents, through the citizenship of one parent, by birth in Montenegro, by birth abroad, and by adoption.

Documents for a child born or found in Montenegro:

• record of the child’s birth in Montenegro;
• documents from registration authorities, social services, or other competent authorities, if the child was found on the territory of the country;
• information about the parents, if they are known;
• documents confirming that the parents are unknown, if it is impossible to identify them;
• documents confirming that the parents are stateless persons;
• confirmation that the citizenship of the parents is unknown, if applicable;
• evidence that the child does not automatically acquire the citizenship of another state.

Documents for emigrants and descendants:

• documents confirming the status of a Montenegrin emigrant;
• archival records concerning the emigrant’s origin, birth, residence, or departure;
• birth certificates along the entire direct line of kinship;
• documents confirming the applicant’s connection to the emigrant: parent, grandparent, or great-grandparent;
• marriage certificates, divorce certificates, or name change documents, if surnames changed within the family line;
• documents confirming the applicant’s lawful and continuous residence in Montenegro for at least 2 years;
• documents confirming housing and permanent income;
• criminal record certificate;
• confirmation of the absence of tax debt and other unfulfilled legal obligations;
• documents confirming the absence of obstacles related to public order and national security.

For a person who is of special interest to Montenegro, not only personal documents are required, but also evidence showing why their admission to citizenship serves the interests of the state. These may include documents confirming professional achievements, sports results, scientific, cultural, economic, or other significant activity. The law links this procedure to the state, scientific, economic, cultural, sports, national, or other interests of Montenegro.

Foreign documents must be prepared for use in Montenegro. Usually, a translation into the official language is required, as well as legalization or an apostille, if necessary depending on the country where the document was issued. Particular attention should be paid to checking:

• consistency of names and surnames;
• dates and places of birth;
• spelling of names in different documents;
• change of surname after marriage or divorce;
• continuity of the family line;
• consistency of data in passports, certificates, and archival records.

Application procedure

An application for citizenship is submitted to the competent authority of Montenegro using the prescribed form. The law allows the application to be submitted in person or through a representative. If the applicant lives outside Montenegro, the application may be submitted through a diplomatic or consular mission. For a person deprived of legal capacity, the application is submitted by their guardian.

The applicant collects documents confirming the applicable conditions. Foreign documents must be prepared in advance in a form suitable for use in Montenegro: the need for an apostille or consular legalization should be checked, a translation should be made, and discrepancies in names, dates, places of birth, and family records should be corrected.

The application is submitted using the prescribed form. The law expressly states that an application for the acquisition, determination, or termination of citizenship is submitted in person or through a representative; if the applicant resides abroad, it is submitted through a diplomatic or consular mission of Montenegro.

After submission, the competent authority checks whether the applicant meets the requirements:

• lawfulness and continuity of residence;
• the basis of the current immigration status;
• availability of housing;
• a permanent source of income;
• criminal record and criminal proceedings;
• knowledge of the Montenegrin language, if this requirement applies;
• tax and other legal obligations;
• previous citizenship and documents confirming release from it;
• absence of threats to public order and national security.

If the applicant meets the conditions but has not yet been released from their previous citizenship, they may request a guarantee of admission to Montenegrin citizenship. Such a guarantee is valid for two years. During this period, the applicant must provide proof of release from their previous citizenship. If they fail to do so, the procedure is terminated.

If the application is approved, the applicant takes an oath of allegiance to Montenegro. The law separately states that a person admitted to citizenship must take an oath, and that the content of the oath and the procedure for taking it are determined by the government.

Citizenship is considered acquired not from the moment the application is submitted and not from the date of preliminary approval, but from the date on which the decision on the acquisition of citizenship is served. After that, the information is entered in the register of Montenegrin citizens.