Montenegrin Citizenship Law

I - BASIC PROVISION

Article 1

Citizens of the Republic of Montenegro are Montenegrin nationals. Montenegrin citizenship is acquired and terminated under conditions set forth in this law.

II ACQUISITION OF MONTENEGRIN CITIZENSHIP

Article 2

Montenegrin citizenship is acquired on the grounds of:

1)   origin,

2)   birth on the territory of  Montenegro,

3)   admittance and

4)   according to international agreements.

1. Acquisition of Montenegrin citizenship by origin

Article 3

Montenegrin citizenship is acquired by origin:

1)   a child whose both parents are Montenegrin citizens at the moment of his birth,

2)   a child  whose one of parents is a Montenegrin citizen at the moment of child's birth and the child was born on the territory of  the Republic of  Montenegro;

3)   a child whose one of parents is a Montenegrin citizen at the moment of the child's birth and the child was born on the territory of another federal member, or other state, if parents agree that the child be Montenegrin citizen;

4)   a child whose one of parents at the moment of its birth is a Montenegrin citizen and the other parent is unknown, or of unknown citizenship, or is without citizenship, if the child was born on the territory of Montenegro, or if it was born on the territory of another federal member, or other country, but has not acquired citizenship of that federal member;

5)   a child, whose one of parents is a Montenegrin citizen at the moment of its birth and the other parent is unknown, or of unknown citizenship, or is without citizenship and the child was born abroad.

Article 4.

A child born abroad, whose one of parents at the moment of the child's birth is a Montenegrin citizen and another one is a citizen of another federal member, or other state, acquires Montenegrin citizenship by origin if that is agreed by parents.

If the agreement from paragraph 1. of this article is not reached, the child acquires Montenegrin citizenship if it is registered in the book of born persons run within the territory of the Republic of Montenegro, or if one parent, who has Montenegrin citizenship, registers the child as Yugoslav citizen with the responsible diplomatic, or consular office of the Federal Republic of Yugoslavia and requests registration of the child in the Book of the Yugoslav citizens.

Article 5

Montenegrin citizenship may be acquired by origin , by a child born abroad, whose one of parents is a Montenegrin citizen at the moment of the child's birth and another parent is a foreign citizen, if, before it turns 18, child be registered as a Yugoslav citizen at the relevant diplomatic or consular office of FRY and if s/he files request for registration into the Book of Yugoslav Citizens and the Registry of Montenegrin Citizens.

If the child is older than 14, for acquisition of the Montenegrin citizenship in the spirit of paragraph 1. of this article,  his consent is also required.

Article 6

Under condition from Article 5, paragraph 1 of this law, Montenegrin citizenship may be also required by a person over 18 if before they turn 23, file request for registration into the Book of Yugoslav Citizens and the Registry of Montenegrin Citizens.

Article 7

Under conditions from Articles 3. to 6 of this law, Montenegrin citizenship is acquired also by an adopted child-foreigner in case of full adoption.

2. Acquisition of Montenegrin citizenship by birth on the territory of the Republic of Montenegro

Article 8

Montenegrin citizenship is acquired by a child born or found on the territory of Montenegro if parents are unknown, or are of unknown citizenship, or they are without citizenship.

The child from the first paragraph of this Article, Montenegrin citizenship may be terminated if before it turns 18, has been found out that its parents are citizens of another federal member, or another state.

The child from the paragraph 2 of this Article, Montenegrin citizenship is terminated upon request of his parents, by the day of delivery of the final decision, with a provision that for child over 14, his/her consent is required.

3. Acquisition of Montenegrin citizenship by admittance

Article 9

Into the Montenegrin citizenship may be admitted citizen of another federal member, or another state, who turned 18 and has permanent  residence within the territory of  Montenegro for at least ten years before filing a request for admittance into the citizenship.

Article 10

If both parents acquire Montenegrin citizenship by admittance, or one parent was admitted into Montenegrin citizenship, or one of the parents acquire Montenegrin citizenship by admittance, while another one had the citizenship from before, Montenegrin citizenship acquires their child younger than 18.

If one parent acquired Montenegrin citizenship by admittance and another one does not have this citizenship, Montenegrin citizenship acquires also their child younger than 18, if it is so requested by the parent who was admitted into Montenegrin citizenship and the other parent agrees on that.

If a child is older than 14, its consent is needed for acquisition of Montenegrin citizenship.

Article 11

In case of incomplete adoption, adopted child younger than 18, who has citizenship of another federal member, or other state, may be admitted into the Montenegrin citizenship upon a request from adopter, who is a Montenegrin citizen, if s/he lives permanently with adopted child in the Republic of Montenegro.

If an adopted child id older than 14, for admittance into the Montenegrin citizenship in the spirit of paragraph 1 of this article, his/her consent is needed.

4. Acquisition of the Montenegrin citizenship in accordance with international agreements

Article 12

Montenegrin citizenship may be acquired when, upon ratified international agreement, Yugoslav citizenship is acquired by the principle of equity.

III – TERMINATION OF THE MONTENEGRIN CITIZENSHIP

Article 13

Montenegrin citizenship may be terminated by:

1)   release,

2)   denouncing,

3)   acquiring citizenship of another federal member, or other state,

4)   in accordance with international agreement

1. Termination of the Montenegrin citizenship by release

Article 14

A person that fulfils conditions for release from the Yugoslav citizenship stipulated by the Federal law, will be released from the Montenegrin citizenship.

2. Termination of the Montenegrin citizenship by denouncing

Article 15

Montenegrin citizen with permanent residence abroad, may denounce his Montenegrin citizenship, if s/he fulfils conditions set forth by the Federal Law for denouncing of the Yugoslav citizenship.

3. Termination of the Montenegrin citizenship for acquiring another citizenship

Article 16

Montenegrin citizenship ceases to exist to a Montenegrin citizen if s/he acquires citizenship of another federal member, or another state.

Article 17

If by Article 16 of this law, Montenegrin citizenship is terminated to both parents, or it is terminated to one parent and the other one does not have this citizenship, Montenegrin citizenship is also terminated to their child younger than 18.

If the Montenegrin citizenship is terminated to one of parents and another one has this citizenship, Montenegrin citizenship is ceased also to their child under 18, if it is so requested by a parent whose this citizenship is being terminated and another one is consent with that.

If a child is older than 18, for cessation of the Montenegrin citizenship in the spirit of paragraph 1. and 2. of this article, his/her consent is needed.

4. Termination of the Montenegrin citizenship in accordance with international standards

Article 18

Montenegrin citizen, who is terminated of the Yugoslav citizenship by international agreements, his Montenegrin citizenship is simultaneously terminated.

IV – PROCEDURE FOR ACQUISITION AND TERMINATION OF THE MONTENEGRIN CITIZENSHIP

Article 19

The Ministry of Interior is in charge of deciding upon request for acquisition and cessation of the Montenegrin citizenship

Article 20

If the procedure for acquisition or cessation of the Montenegrin citizenship, initiated upon a request of a requestor, cannot be continued or finalised without undertaking certain action by the requestor, it shall be considered that the request is withdrawn if, despite warning from the MOI, the requestor does not perform the action needed for continuation or finalisation of the procedure within the determined timeframe, or if due to the non-undertaking of the action it may be concluded that the requestor is not interested in continuation of the procedure.

For the reasons mentioned in paragraph 1 of this article, the procedure shall not be terminated  before expiration of three months since the date of warning.

Article 21

Decision on acquisition of the Montenegrin citizenship and decision on release from the Montenegrin citizenship it is delivered in accordance with the rules on the obligatory personal delivery.

As a day of acquisition of the Montenegrin citizenship by admittance and as a day of  release from the Montenegrin citizenship shall be regarded the day when the decision was delivered to the requestor.

Extract from the decision on admittance into, or release from the Montenegrin citizenship shall be published in the Official Gazette of the Republic of Montenegro.

TRANSITORY AND CONCLUDING PROVISIONS

Article 22

As a Montenegrin citizen, shall be regarded a person that had a citizenship of Montenegro at the day of entering into force of this law.

Article 23

If persona that are not registered in the Book of the Montenegrin citizens run by the previous regulations, or as citizens of Montenegro they were registered in the Books of citizens of the ex-republics of SFRJ and republics-members of the Federal Republic of Yugoslavia, MOI will determine citizenship of these persons upon their written request.

Registration of the citizenship from paragraph 1. of this article will be made into the previous Book of the citizens.

Article 24

MOI and the Ministry in charge of administration will pass regulations on running the registration of acquisition and cessation of the Montenegrin citizenship, on termination and storing of the citizenship registration run by the previous regulations within 90 days since entering into force of this law.

Article 25

By entering into force of this law goes out of force the Law on the Citizenship of the Socialist Republic of Montenegro (Official Gazette of SRM, no: 26/75).

Article 26

This law enters into force on the eighth day after publishing in the Official Gazette of the Republic of Montenegro.