I general provisions subject of the Act

I GENERAL PROVISIONS

This Act shall set out the set out the conditions of the entry into, movement and stay of aliens in Montenegro.

Provisions of the approved and published international treaties and generally accepted rules of international Act shall be applied to stateless persons , when this is more favourable for them.

Article 3

Article 4

During the time of his movement and stay in Montenegro an alien shall be obliged to observe the regulations valid in Montenegro and decisions of the State bodies

Applying of Rules of Administrative Procedure

1. 
   an alien shall be any person with foreign nationality or stateless person;
   
2. 
   entry to Montenegro shall be crossing of the State border, or border crossing on which is exercised border control.Stay of an alien in airport transit area and port, shall not be considered as entry to Montenegro, pursuant to this Act;
   
3. 
   transit shall be passing through the territory of Montenegro;
   
4. 
   a foreign travel document is a personal , family or a group passport, a diplomatic passport, an service passport, a seaman's booklet, a shipping book and any other travel document recognized in international treaties, pursuant to which their identity can be determined, which has not expired and which is issued according to the regulations on issuing travel documents of a foreign state;
   
5. 
   A valid travel document shall be a document issued by a competent authority, if the document clearly shows the term of validity of the document the identity of the holder.
   
6. 
   A carrier shall be a natural or legal person involved on a professional basis in the transportation of passengers by land, sea lake, river or air;
   
7. 
   An allien ID Card is a document on identity which can be issued to a permanently resident alien or to an alien with temporary stay, who does not own a valid travel document.
   

II. ENTERING AND LEAVING THE COUNTRY

Refusal of entry

1. 
   he does not fulfill conditions pursuant Article 10 hereof;
   
2. 
   he does not have resources requisite for his maintenance during the time of his stay in Montenegro and his return to the state where he came from or for travel to a third country;
   
3. 
   he is in transit and does not fulfill the conditions for entry into a third country;
   
4. 
   the protective measure of expulsion or deportation is in force, or his stay has been cancelled;
   
5. 
   this is required by reasons of national security, protection of Act and order or public health; and
   
6. 
   he is in the records as an international offender.
   

Refusal of entry shall be indicated in the valid alien’s passport .

Refusal of exit

1. 
   he uses somebody else's, an invalid or a false travel or other document;
   
2. 
   there is a reasonable suspicion that he intends to evade criminal proceedings, serving a sentence, obeying a court order or deprivation of freedom; and
   

An alien whom Montenegro pursuant to International treaties is obliged to admit, if such is required for humanitarian reasons, protection of public order and health, entry without valid travel document, shall be allowed.

Citizens of certain states may enter to Montenegro also by valid ID Card, or other document based upon which their identity and nationalitycan be established, in accordance with the regulation on visa regime pursuant to the Article 14 paragraph 2 hereof.

Entry of aliens with multiple nationalities

An alien pursuant to paragraph 1 of this Article, during his stay in Montenegro is obliged to use the travel document he used to enter Montenegro.

Entry and exit based upon joint travel document
Article 12
An alien entered into travel document of other person may enter or exit from Montenegro solely with the owner of such passport.

Aliens owning joint travel docuiments may solely jointly enter or exit Montenegro.

Persons entered into joint travel document shall have also the other document with photograph, allowing establishing of their identity.

Chief of group must own national passport.

MOVEMENT OF ALIENS IN UNIFORM

Article 13

An alien may move in foreign military, police or customs uniform, pursuant to conditions proscribed by this Act.

III VISAS

Visas and visa regime Article

Article 14

A visa is permission which enables an alien to enter, stay in and transit over the territory of Montenegro.

The Government of Montenegro (hereinafter:Government) shall prescribe the visa regime, at the proposal of the state administration body competent for foreign affairs.

Article 15

Airport transit visa (visa A) ,Transit visa (visa B), Short-term stay visa (visa C) Long-term stay visa (visa D )

Airport transit visa (visa A)
Article 17
An airport-transit visa shall be issued to an alien for one or more crossings through an international transit space of an airport, during the interruption of a travel or transfer between two phases of an international flight, without entering into the territory of Montenegro.
An alien who does not leave a plane or an international transit space of an airport during interlanding at an airport shall not need a visa.
Exceptionally to paragraph 2 of this Article, the Government of Montenegro may determine that the nationals of certain states, as well as the owners of travel documents issued by the competent body, shall need an airport-transit visa, if so required by reasons of national security and protection of Act and order.
An airport-transit visa shall be issued with a term of validity of up to three months.

Transit visa (B visa)

Article 18
A transit visa (visa B) shall be issued to an alien for one, two or more trips across the territory of Montenegro.

A transit visa shall be issued with a term of validity of up to six months.

Visa for a short stay (C visa)

Article 19
A visa for a short stay (C visa) shall be issued for tourist, business or other trips.
A visa pursuant to paragraph 1 of this Article shall be issued for one or more entries into the territory of Montenegro, whereas the uninterrupted stay or the total length of successive stays may not be longer than 90 days, in a period of time of six months, counting from the day of first entry.
A visa for a short stay (C visa) with more entries shall be issued for a period of time of up to one year.
Exceptionally to paragraph 3 of this Article, a visa for a short stay (C visa) for more entries can be issued even for a longer period of time, but not longer than five years, which is to be decided by the state administration body in charge of foreign affairs.
A visa for a short stay can be issued to a group of travelers which has been formed before the decision about travel was made, if the members of that group enter the territory of Montenegro together, if they stay in it and leave it as a group. Duration of this visa shall not be longer than 30 days.
A visa pursuant to paragraph 5 of this Article shall be entered into a passport and can be issued to a group of at least 5 and at most 50 persons, whereas the person who leads the group shall have a personal passport and, when necessary, the required visa.
Moreparticular conditions for issuing of visa pursuant to paragraph 2 &3 of this Article shal be regulated by the Authority of State Administration competent for foreign affairs.

Long-term stay visa (visa D )

Exceptionally, is such is required by the humanitarian reasons, national interest or international obligations of Montenegro, into travel document can be entered visa valid up to expiration of validity of travel document, when return of alien into the country of residece or third country is provided.

Visas shall be issued by Montenegrin diplomatic/consular missions based abroad unless otherwise determined by this Act.

Aliens shall submit the request for issuing of visa personally, on special form.

Prior to issuing of visa Montenegrin diplomatic-consular office shall be obliged in certain cases to acquire consent of the Authority of State Administration competent for police affairs (hereinafter: Police).

Exceptionally from paragraph 2 hereof, for humanitarian, personal or professional reasons. Police may on border crossing issue:

1. 
   visa for a short stay (C visa), for one entry and stay up to 15 days;
   
2. 
   transit visa (B visa), for one transit up to five days.
   
3. 
   transit visa (B visa),, to a seaman or group of seamen.
   

Visa shall be issued by affixing of visa form into valid travel document of alien.

When such is required by humanitarian reasons, national interest or international obligations of Montenegro, visa can be affixed onto the form for visa affixing, if there is no place for affixing visa into travel document or if travel document is not valid for crossing of the State border.

Particular procedure for visa issuing, application form for visa issuing, cases in which is necessary to acquire Polioce consent, visa sticker, way of entering of visa into alien’s travel document and form for entering of visa shall be regulated by the Authority of State Administration competent for foreign affairs.

A visa for short stay shall not be extended.

Exceptionally, the duration period of visa for short stay (C visa) can be extended for humanitarian, professional, personal reasons or force majeure.

An application for the extension of a visa for short stay, pursuant paragraph 2 of this Article shall be submitted to the Police district unit, according to the alien’s place of stay , prior to visa expiration.

Until the decision upon request pursuant to paragraph 3 hereof is made, an alien may stay in Montenegro.

Particular conditions for extension of visa duration and application form of the request for extension of duration of visa pursuant to paragraph 2&3 hereof shall be regulated by the Authority of State administration competent for foreign affairs.

1. 
   there are reasons for refusing entry in accordance with Article 8 hereof;
   
2. 
   he fails to answer at the request of Montenegrin diplomatic-consular office;
   
3. 
   he fails to enclose a valid documents proving the scope and conditions of his stay in Montenegro
   
4. 
   he fails to enclose at the request of Montenegrin diplomatic-consular office a valid documents on health and travel insurance;
   
5. 
   he stayed in Montenegro for 90 days, without the expiration of six months from his first entry.
   

Exceptionally to paragraph 1 of this Article, an alien shall be issued visa or granted the entry in Montenegro if such is required by humanitarian reasons, interests of Montenegro or international obligations. In such cases an alien shall be allowed to enter on strictly defined border crossing.

Article 26

1. 
   they determine that an alien does not have resources sufficient for his maintenance;
   
2. 
   the period of the validity of a visa exceeds the travel document duration; and
   
3. 
   an alien exceeded the period of 90 days of stay within six months period, since the day of first entry.
   

Entering correction in visa

Article 27

The Police, during the border crossing control, may correct data which were entered by mistake in a visa issued in a diplomatic -consular office of Montenegro.

Annulment of visas
Article 28
Montenegrin Diplomatic-consular office or Police shall annul issued visa if subsequently determine existence of some of reasons pursuant to the Article 8 hereof.
Particular way of annulment of visas shall be regulated by the Authority of State Administration competent for foreign affairs.
Obligations of carriers
Article 29
A carrier may bring a alien to a border crossing or the territory of Montenegro, if a alien fulfills the conditions pursuant to the Article 10 hereof.

The carrier which brought the alien contrary to the Paragraph 1 hereof shall immediately, on his own cost, return the alien to the border crossing or out of Montenegro and compensate costs resulting from the stay and return of the alien.

A provision pursuant to Paragraph 2 of hereof also refers to a carrier which brought a alien who is in transit over the territory of Montenegro, if: it refused to take a alien to the destination state; and an alien is prohibited to enter the destination state.

Any tour operator or organizer of business trips shall be bound to meet the costs of the expulsion of any alien from Montenegro to whom it has provided these services as well as the costs of the reception Shelter for ALIENS, if the alien is expelled for the reasons pursuant to Article 10 hereof and if he can not meet those expenses himself.

An obligation to compensate the expenses pursuant to paragraph 4hereof shall also be bound for physical or legal entity at whose invitation alien's visa was issued or his entry in Montenegro was granted, if those expenses can not be met the tour operator or organizer of business trips or by the alien.
IV RESIDENCE OF ALIENS
Types of stay
Article 30
The stay of a alien in Montenegro pursuant to this Act is:

1. 
   stay of up to 90 days;
   
2. 
   temporary stay; and
   
3. 
   permanent stay.
   

1. 
   Residence of up to 90 days
   

Article 31

An alien, who stayed in Montenegro for 90 days, pursuant to Paragraph 1 &2 hereof may re-enter and stay in Montenegro after the expiration of six months period counting from the day of first entry.

Article 34

Up to 90 days residence can be cancelled to an alien if he:

1. 
   does not have a valid travel document or other identification document which serves for crossing of state border;
   
2. 
   does not meet conditions for entrance and residence pursuant to this Act;
   
3. 
   does not have resources sufficient for his maintenance during his stay in Montenegro and for the return to the state from which he came or for travel to a third state;
   
4. 
   he fails to pay a money fine charged in Montenegro; and
   
5. 
   there is a well founded suspicion that the stay will not be utilized for the intended purpose.
   

A decision on cancelling stay, pursuant paragraph 1 hereof, shall be made by the Police. The decision shall state the period of time during which the foreigner has to leave the territory of Montenegro and pronounces the prohibition of entry to Montenegro for certain period (herein after : prohibition of entry).

Cancellation of up to 90 days residence and prohibition of entry shall be entered into the alien’s travel document.

Specific manner of cancellation of up to 90 days residence and prohibition of entry shall be regulated by the Ministry.
Cessation of up to 90 days residence

Article 35

Regulations pursuant to Articles 32 and 33 hereof shall be accordinglzimplemented onto cancellation and cessation of residence to the allien on the basis of issued visa for extended duration *D visa(

Temporary residence

Article 36
Temporary residence can be granted to an alien who intends to stay in Montenegro longer than 90 days, for:

1. 
   employment and work, performing of economy or entrepreneurship activity;
   
2. 
   season work;
   
3. 
   secondary school or university education;
   
4. 
   participation in the programs of international exchange of students or other youth programs;
   
5. 
   specialization, professional advancement or practical training;
   
6. 
   scientific and research work;
   
7. 
   medical treatment;
   
8. 
   family reunification;
   
9. 
   humanitarian reasons;
   

1. 
   he has resources sufficient for his maintenance;
   
2. 
   he has provided accomodation;
   
3. 
   he has health insurance;
   
4. 
   do not exist reasons pursuant to Article 8 hereof;
   
5. 
   he encloses evidences justifying the request for temporary residence
   

Application for issuing permits and deciding

Article 37
Permit for the first temporary residence in Montenegro shall be issued by the Ministry, with preceding Police consent.

An alien shall submit an application for issuing a permit for a first temporary residence to a diplomatic consular office of Montenegro.

Together with an application pursuant to paragraphs 2 & 3 hereof for issuing a permit, an alien shall also submit a valid travel document, as well the other evidences justifying the reason for requesting of issuing of the permit for temporary residence.

An alien who has submitted an application for a temporary residence, may not change the reasonof stay while the procedure is in progress.

An alien who submits an application for issuing a permit for the first temporary stay, before the expiration of stay of 90 days, may stay in Montenegro until the final decision is made.

Refusal of the request

Article 38
Refusal of the request for isuing of the permit for temporary stay shall be decided by a decision.

Against the decision pursuant to paragraph 1 hereof a complaint can be lodged to the Ministry, within eight days since the receipt of the decision.

A temporary residence shall be entered into an alien's travel document whose period of validity shall be at least three months longer than the period to which the permit is issued.

A first temporary residence shall be entered into an alien's travel document by a diplomatic consular office of Montenegro, if the request is submitted abroad.

A temporary residence for an alien who does not own a valid travel document, until he gets a foreign travel document, shall be granted by a decision.

Particular mode of ssuing of permit for temporary stay likewise form of permit and application form pursuant to Article 37 paragraph 2 hereof shall be regulated by the Ministry.

Extension of temporary stay

Article 40

Temporary residence can be extended up to two years maximum, unless otherwise determined by this Act.

An alien shall submit the request for extension of temporary stay to the Ministry, at the place of residence within 30 days before expiration of the period of validity of temporary residence.
Onto procedure of extension of temporary residence shall be applied regulations pursuant to the Article 37, paragraphs 1,4,5 & 6 and the Article 39, paragraph 2 & 4 hereof.

The form of the request for extension of temporary stay shall be regulated by the Ministry.

Temporary residence permits for work

Article 41

A temporary residence to an alien pursuant to paragraph 1 of this Article shall be issued to the deadline defined in his work permit, or the deadline pursuant to the Article 38, paragraph 2 hereof.

A temporary residence, pursuant to paragraph 1 hereof can be granted for eight months period within the calendar year.

Permit for temporary residence pursuant to paragraph 1 hereof, shall be issued within eight days since application.
Temporary residence for secondary school or university education

Article 43

A permit for a temporary residence pursuant to paragraph 1 hereof, for completing education, can be extended up to two years at most after the expiration of the period regulated for the duration of studying..

A temporary stay for participation in programs of International exchange

Article 44
A temporary residence can be granted to an alien who comes to Montenegro for participation in programs of International exchange of pupils and students or other youth programs if he fulfills conditions pursuant to the Article 36 hereof, and if as evidence of justification, the application for temporary residence is accompanied with:

1) certificate of the competent State authority or competent Institute for implementation of ratified International treaties on pupils or students exchange confirming alien's participation in the International exchange.

2) certificate of the competent State authority or competent Institute on bearing costs of education, sustenance, accommodation, health insurance and the expenses for the return of an alien to the state whose national he is.

A temporary residence for specialization, professional advancement or practical training

A temporary residence for scientific research can be granted to an alien who fulfills conditions pursuant to Article 36 hereof, and if as evidence of justification, the application for temporary residence is accompanied with the contract concluded with scientific institute in Montenegro.

Temporary residence for medical treatment

Article 47
A temporary residence for medical treatment in Montenegro can be granted to an alien who, besides the proofs on fulfilling conditions pursuant to the Article 36 paragraph 1 hereof, also submits a certificate from the health institutions where an alien shall have a medical treatment, and which includes the period of time necessary for the treatment
A temporary residence pursuant to paragraph 1 hereof can be extended for the deadline necessary for alien's treatment.
Temporary residence for family reunification

Article 48

A temporary residence for family reunification can be granted to an alien, immediate family member of a Montenegrin national or an alien to whom a permanent residence or a temporary residence in Montenegro has been granted.
As an immediate family maember, pursuant to paragraph 1 hereof, shall be: a spouse, minor children born in a marriage or out of marriage, adopted children or step children.
Exceptionally to paragraph 2 hereof, a member of a family may also be another relative, if there are special, personal or humanitarian reasons for joining a family in Montenegro.
A temporary residence for family reunification shall be granted for a period of time of up to one year or until the expiration of the permit of temporary residence of an alien with whom reunification is requested.
A temporary stay pursuant to Paragraph 4 hereof can be extended to an alien, a member of immediate family, in case when a Montenegrin national pursuant to the paragraph 1 of this Articledeceases, and also in the case of cessation of a marriage which lasted in Montenegro for at least three years.
Marriage of convenience
Article 49
A temporary residence for family reunification shall not be granted to an alien if it is established that a marriage is concluded for convenience.

As marriage of convenience, pusrusant to paragraph 1 hereof, shall be considered the mariage concluded indending to achieve the entry of residence of aliens in Montenegro contrary to the conditions regulated by this Act.

Circumstances which might point out that the marriage is concluded as Marriage of convenienc, are:

1. 
   spouses do not maintain a marriage;
   
2. 
   spouses do not exert marriage duties;
   
3. 
   spouses did not mee become acquintedwith each other before concluding a marriage;
   
4. 
   data submitted by spouses are not correct;
   
5. 
   spouses do not speak mutually understandable language;
   
6. 
   finances, which is not dowry, are given for concluding a marriage, although spouses do not come from countries where giving dowry is a custom; and there are evidences that spouses previously concluded some marriages of convenience in Montenegro or abroad.
   

Temporary residence for a child born in the territory of Montenegro

Article 50
A temporary residence for a minor alien born in the territory of Montenegro shall be granted and extended to a period of time decided for temporary residence of a parent or guardian.

Temporary residence for humanitarian reasons

Article 51

A temporary residence from humanitarian reasons can be granted to an alien assumed to be the victim of the crime of trafficking with human beings, as well as to a alien minor who has been abandoned or is a victim of organized crime.

1. 
   existence of causes pursuant to Article 12 hereof ;
   
2. 
   he is employed and works without a valid work permit or in contravention to the provision of particular Act; and
   
3. 
   he stays for a purpose other than the purpose of issuing of issuing of the permit.
   

1. 
   duration of residence;
   
2. 
   personal, family, economic and other circumstances;
   
3. 
   a period of time in which an alien has to leave Montenegro, whereas that period may not be longer than 30 days; and
   
4. 
   a period of prohibition of entry to Montenegro .
   

Decision on annulment of temporary residence pursuant to paragraph 1 hereof shall be made by the Police. By the decision the deadline in which an alien shall leave the territory of Montenegro shall be determined and pronounced prohibition of entry to Montenegro.

The deadline of prohibition of entry pursuant to paragraph 3 hereof, shall be calculated since the day of leaving of Montenegro.

Against the decision pursuant to paragraph 3 hereof, an appeal may be lodged to the Ministry, within eight days from the day of receiving of the decision.

Article 53

1. 
   his temporary residence is annulled;
   
2. 
   protective measure of expulsion or the security measure of deportation is pronounced to him;
   
3. 
   by the expiration of temporary residence period ;
   
4. 
   if within eight days, after the permit of a temporary residence, he does not report his place of residence;
   
5. 
   cease the reasons for granting of temporary residence
   
6. 
   during the temporary residence, he stays out of Montenegro, more than 90 days.
   

The Ministry shall make the decision on cessation of temporary residence for reasons pursuant to paragraph 1 points 4 & 5 hereof.

On the appeal pursuant to paragraph 3 hereof, shall decide the Ministry.

Into the time necessary for granting of permanent residence shall not be counted the time which an alien spent in Montenegro which an alien spent in Montenegro on:

1. 
   temporary residence granted for seasonal work;
   
2. 
   serving of imprisonment punishment
   

Article 55

1. 
   work and employment;
   
2. 
   education and professional specialization;
   
3. 
   recognition of diplomas and certificates;
   
4. 
   social assistance, health and pension insurance;
   
5. 
   tax rebates;
   
6. 
   access to the market of goods and services; and
   
7. 
   free associations, integrations, and memberships in the organizations which represent the interests of workers or employers.
   

An alien shall exercise the rights pursuant to paragraph 1 hereof in accordance with the acts regulating the manner of accomplishment of mentioned rights.

Submitting of an application and deciding

Article 56

Permit for permanent residence shall be issued by the Ministry.

An alien shall submit an application for a permanent residence to the Ministry at the place of residence.

Permit for permanent residence shall be entered into the alien’s travel document.

Particular manner for issuing of the permit for permanent residence likewise the forms of permit and request pursuant to the paragraph 2 hereof, shall be regulated by the Ministry.

Refusing of the application

Article 57

Permanent residence shall not be granted to an alien, who:

1. 
   does not own the valid travel document
   
2. 
   is by decree absolute sentenced for the criminal act prosecuted ex officio or against him for such criminal act, a criminal proceedings is started;
   
3. 
   does not own means for maintenance ;
   
4. 
   does not own health insurance;
   
5. 
   has no provided accommodation,
   
6. 
   if such is required by the reasons of National security and public order.
   

Dismissal of the right to permanent residence

Article 58
An alien's right to permanent residence can be dismissed if:

1. 
   he is by decree absolute sentenced in Montenegro onto absolute imprisonment longer than six months for the criminal act prosecuted ex officio;
   
2. 
   such is required by the reasons of National security, public order and protection of public health;
   
3. 
   is established that exist reasons for dismissal of permanent residence;
   
4. 
   he gives false information on identity or hides circumstances significant for deciding on recognizing the right on permanent residence.
   

The Ministry shall make the decision on dismissal of permanent residence.Based upon the decision a period in which the alien has to leave the teritorry of Montenegro shall be established and pronounced the measure of prohibition of entering into Montenegro. Dismissal for permanent residence shall be entered into the alien’s travel document.

Particular manner for issuing of dismissal of permanent residence, shall be regulated by the Ministry.

Cessation of the right onto permanent residence

Article59

Alien’s right to permanent residence shall cease if:

1. 
   the protective measure of expulsion or the security measure of deportation is pronounced to him;
   
2. 
   it is established that an alien has moved out from Montenegro or stays abroad continuously more than one year without having informed the Ministry;
   
3. 
   his permanent residence is dismissed;
   
4. 
   he renounces a permanent residence on the day he gave a statement about it; and
   
5. 
   he acquires Montenegrin citizenship.
   

Against the decision pursuant to paragraph 2 hereof, procedure in contentious administrative matters can be initiated.

Enforcement of the particular act

Article 60

Onto statement or withdraw of residence or stay and change of address shall be enforced the Act regulating the residence and stay of Montenegrin nationals and aliens.

V.ILLEGAL STAY

Obligation of an alien to leave Montenegro

Article 61

As an illegal residence in Montenegro, pursuant to this Act, shall be considered an alien’s residence without visa, permit to stay or other legal ground.

An allien who illegaly resides in Montenegro must leave its territory immediately or within deadline defined to him.

It shall be deemed that an alien left Montenegro when he enteres another state in which is entry is allowed
An alien is obliged to proof that he stays legally in Montenegro.

Deadline to leave Montenegro

Article 62

Based upon the decision, the Police shall ,define a deadline in which an alien has to leave the territory of Montenegro, and if necessary it can define him the location at which he must cross the Montenegrin board and to notify the official person at the border crossing.

Protection measure of deportation

Article 63

In the cases of violations liability defined according to this act a protecting measure of deportation can be pronounced to an alien.

On the occasion of deciding on pronouncing of protecting measure of deportation, circumstances pursuant to the Article 52, paragraph 2 hereof shall be taken into account.

VI. COMPULSIVE DEPORTATION

Executing of compulsive deportation

Article 64

Police shall compulsively deportate an alien who illegaly resides in Montenegro or fails to leave Montenegro within the defined deadline.

Prohibition of the measure of compulsive deportation

Article 65

An alien shall not be compulsively deportated in which his life or freedom may be manaced because of race, religion or ethnic origin, membership to the particular social group or political opinion or where he could be exposed to torture, inhuman or degradating treatment and punishment.

Detention of aliens

Article 66

If such is required by the reasons of ensuring of compulsive deportation, an alien can be detented within Police premises but not longer that 12 hours.

Onto aliens detention pursuant to Paragraph 1 hereof regulations of the Act defining police affairs, shall be applied.

Accomodation of aliens

Article 67

To an alien to whom is not possible to deportate immediately or whose identity is not established, a freedom of movement shall be limited by accomodoating him into Aliens Shelter (hereinafter:shelter).

Exceptionally, to an alien with health or other special needs or reasons, another appropriate accomodation shall be provided.

To an alien with provided accomodation and who disposes with maintenance means and can not be subject to compulsive deportation, compulsory stay in certan place can be ordered.

Ordering of accomodation in the Shelter

Article 68

Police shal order accomodation in the Shelter by the decision.

An appeal against the decision pursuant to paragraph 1 hereof can be lodged to the Ministry within eight days from the day of receipt of the decision.

An appeal pursuant to paragraph 2 hereof shall decide the Ministry, within eight days from the day of receipt of the apeal.

Upon expiration of the period pursuant to paragraph 1 hereof, accomodation to an alien may be prolonged for additional 90 days, if:

1. 
   procedure of establishing of the identity or data collecting is in progress;
   
2. 
   such is required by security reasons;
   
3. 
   deliberately disturbs compulsive deportation.
   

The time which an alien spent out of the Shelter, serving of imprisonment sentence or in detention, shall not be counted as the time spent in the Shelter.

To an alien with established identity, leaving of the Shelter can be granted, if compulsive deportation for reasons pursuant to the Article 65 hereof is not allowed.
Observing of the rules of stay and house rules in the Shelter

Article 70

1. 
   by departure from Montenegro;
   
2. 
   if an alien applies for recognition of the right to asylum;
   
3. 
   by expiration of ordered period of accomodation;
   
4. 
   upon establishing of theidentity, if that was cause for accomodation in the Shelter
   

Accomodation of a minor alien into Shelter

A strict custody within the Shelter can be ordered to the minor under the age of 16 year solely if he is with his parent or other legal guardian.

Compulsory residence pursuant to paragraph 1 hereof can last at maximum six months.

Ordering of compulsory residence pursuant to paragraph 1 hereof shall not free the alien from the obligation to leave Montenegro.

A special ID document shall be issued to an alien with ordered compulsory residence in certain place which an alien shall return before leaving of Montenegro.

The form and content of the form of special ID document of an alien with ordered compulsory residence pursuant to paragraph 4 hereof shall be regulated by the Ministry.
Restriction of movement in certain place
Article 74
In the case pursuant to the Article 73 hereof, an alien shall stay on certain address and regularly report to the Police at the place of compulsory residence.

Cessation of compulsory residence

1. 
   departure from Montenegro;
   
2. 
   expiration of its ordered deadline;
   
3. 
   if he fails to regularly report to the Police pursuant to the Article 74 hereof
   
4. 
   if refugee status is recognized to him, additional or temporary protection, temporary stay or permanent residence are granted to him
   
5. 
   if it is established that accomodation and maintenance means are not provided to him
   

An alien with cessated compulsory residence in certain place, who fails to leave Montenegro, shall be subject to compulsory deportation and accomodation in the Shelter.

During the procedure of compulsive expulsion a special care shall be taken of aliens falling withinin the category of persons with special needs, like: minors, persons deprived, partially or totally, or working capability, children separated from their parents or guardians, persons with disabilities, old persons, pregnant women, single parents with minor children, as well as persons who were exposed to torture, rape or other seriousforms of psychological, physical or sexual abuse.

On confiscated travel and other documents a certificate shall be issued on the form regulated by the Ministry.

Article 78

If an alien does not dispose with means to compensate costs subject to paragraph 1 hereof, the costs shall be combensated by:

1. 
   physical or legal person who promised to bear the costs of alien’s residennce;
   
2. 
   carrier who failed to drive away the alien pursuant to the Article 29 paragraph 2 hereof;
   
3. 
   employeer who employees alien contrary to the Act on Aliens work and Employment.
   

Costs which can not be collected on manner pursuant to paragraph 1 &2 hereof shall be beared by the budget of Montenegro.

manner of collecting of costs of accomodation into Shelter and compulsive deportation and form of the certificate on payment of costs shall be regulated by the Ministry
VII ALIENS TRAVEL DOCUMENTS
Types of travel documents
Article 79
Travel documents for aliens are: travel document for stateless persons and travel document for alien, issued pursuant to this Act.

Forms of travel documents pursuant to paragraph 1 hereof shall be regulated by the Ministry.

Travel document pursuant to the Paragraph 1 hereof shall be issued with the validity term up to one year.

Request for issuing of the travel document for stateless person shall be submitted on special form.

Particular manner of issuing and application form for issuing of the travel document pursuant to paragraph 1 hereof, shall be regulated by the ministry.

1. 
   his montenegrin nationality cessated, for going abroad;
   
2. 
   he lost foreign travel document or on some other way is deprieved of it, and the state of his nationality does not have any diplomatic-consular office in Montenegro neither its iterests are represented by some other state, for going abroad;
   
3. 
   he lost aliens travel document abroad issued by the diplomatic-consular office of Montenegro or Ministry, for return to Montenegro
   
4. 
   is subject to compulsive expulsion, for going abroad.
   

1. 
   The Ministry, in the cases pursuant to the Article 81, Paragraphs 1 point 1,2 and 4 hereof;
   
2. 
   diplomatic-consular office of Montenegro with previous consent of the Ministry, in cases pursuant to the Article 81 paragrap1 point 3 and Paragraph 2 hereof.
   
3. 
   Travel document pursuant to paragraph 1 hereof shall be issued with the validity period up to 30 days.
   

Refusal of the application

1. 
   can not prove that he does not posses or can not procure a valid travel document of the state of his nationality
   
2. 
   a criminal or petty offence proceedings is initiated against him, unless there is a consent of the Authority managing the proceedings;
   
3. 
   he is sentenced to a prison sentence or fine, until he has serves the sentence or has pays the fine;
   
4. 
   he has not settled his claimable property-legal duty based upon decree absolute ;
   
5. 
   such is required by the national security reasons, protection of Act and order or public health; or
   
6. 
   this is required by the international obligations of Montenegro.
   

To an alien shall be issued certificate on withdrown travell document.

VII: DOCUMENTS FOR PROVING OF IDENTITY
Purpose of documents and prohibition of giving them to someone else to use as own
Article 85

An alien shall prove his identity by travel document, personal identity card for foreigners, special personal identity card or some other public document that contains photographgraph.

Aliens ID Card

A special ID Card shall be issued to an alien, member of the diplomatic-consular office of foreign State or member of other Mission with diplomatic status.

Article 87

Special identity card for An alien, pursuant to the Article 86 paragraph 2 hereof shall be issued by a state administration organ competent for foreign affairs.

Personal ID Card pursuant to paragraph 1 hereof and special ID Card pursuant to paragraph 2 hereof shall be issued on the form made by the Ministry.

Form of ID Card pursuant to paragraph 1 hereof shall be regulated by the Ministry, and form of the special ID Card pursuant to paragraph 2 hereof shall be regulated by the State Administration Authority competent for foreign affairs.

Submiting of the request

An alien with granted permanent residence, likewise an alien with granted temporary stay, who does not own a valid travel document, shall upon 30 days since granting of the permanent residence, or temporary residence submit the request for issuing of Aliens ID Card.

Request for issuing of the special IS Card shall be submitted to the State Administration Authority competent for foreign affairs.

Form of the request for issuing of Aliens ID Card shall be regulated by the Ministry, and form of the request for issuing of special ID Card shall be regulated by the State Administration Authority competent for foreign affairs.

To a minor with granted permanent stay ID Card shall be issued with two years validity term.

To an alien with granted temporary residence ID Card shall be issued with validity term equal to the term of temporary stay.