Asylum in Montenegro

Montenegro has a two-step asylum procedure.

Once you arrive in Montenegro, you must first express your intention to apply for asylum. The intention to apply for asylum is an oral or written statement that can be expressed at a border crossing point during passport control, at the nearest police station located in the place of your stay, or at the Reception Centre in Bozaj, close to the border with Albania, in the region of Skadar lake.

On this occasion, your personal data will be collected, along with your biometrics, i.e. fingerprints (each fingerprinted) and a photo. You will also be issued a certificate proving that you expressed an intention to seek asylum. This certificate gives you the status of an asylum seeker in Montenegro, with the right to legally reside in Montenegro. It will also enable you access to accommodation/food/basic health care in state-provided facilities in the next 15 days, if you are in need of that support.

Following the intention procedure, in order to proceed further with the asylum request, you need to lodge an asylum application. You must do this within 15 days from the submission of the intention, at the latest. If you fail to do so within the 15-day period, you will lose the right to reside legally in the country and will no longer be able to proceed with your asylum application.

An application for international protection is lodged with the Directorate for Asylum of the Ministry of the Interior, located in Podgorica, Serdara Jola Piletica (so called “Limenka”). The Directorate for Asylum is open from Monday to Friday, from 7:00 a.m. to 3.00 p.m, except during public holidays in Montenegro.

After lodging an asylum application, a new certificate will be issued to you proving that you continue to have status of asylum seeker. The new certificate will serve you as a residence permit in Montenegro, pending a final decision on the asylum application.

If you are placed in a healthcare institution, you will be given the opportunity to apply for international protection in the healthcare institution in which you are a patient.

If you find yourself at the border crossing point and you do not meet the requirements for legal entry to Montenegro, your entry may be refused. In that case, you should communicate your intention to seek asylum with the border police, and/or you may ask to contact UNHCR Montenegro for support.

Upon the application for asylum, the Directorate for Asylum will schedule the interview with you as soon as feasible.

At the interview, you will be asked to explain all the facts, circumstances and reasons for seeking asylum and submit all evidence supporting your claim.

The interview will be held in a language you understand, with the assistance of an interpreter. If possible and justified, the procedure upon your asylum application will be conducted by an authorized official person of the same sex.

You have the right to free legal aid throughout the entire asylum procedure. Free legal aid is provided by UNHCR partner, Civic Alliance.

The Directorate for Asylum will decide upon your application within 6 months from the day of lodging an asylum claim. In specific cases, this deadline can be extended for an additional 9 months and an additional 3 months in order to fully examine your application.

In any case, the decision shall be passed no later than 21 months from the day your asylum application was made.

In case you receive a negative decision on your asylum application, you have the right to appeal to the Administrative Court of Montenegro. As procedure before the court is specific, it may be advisable to seek assistance of a lawyer (if you do not have one already). UNHCR’s partner for free legal aid, NGO Civic Alliance, can provide free legal aid to you, in that case.

You can initiate the procedure for voluntary return home at any stage of your asylum procedure. Also, you can request a voluntary return home if your asylum application is rejected.

The Assisted Voluntary Return and Reintegration (AVRR) program is offered by the International Organization for Migration (IOM).

For more information, please contact:
IOM Montenegro
Services: Assisted Voluntary Return and Reintegration (AVRR)
Website: Homepage | IOM Montenegro
Address: Slobode 2, Podgorica, Montenegro
Mail: [email protected] Telephone: +382 68 865 005 ; +382 68 806 907

From the moment you declare your intention to seek asylum in Montenegro until the final decision on your asylum application has been made, you are entitled to free legal aid, including during the preparation for the interview and in the course of the interview.

Should a negative decision be made and there are grounds for an appeal, you are entitled to free legal aid during the second instance procedure.

If you have sufficient funds of your own, you can engage a private lawyer.

Legal aid is also provided by UNHCR partner Civic Alliance ([email protected]).

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5. Brochure on integration Brochure
   

What rights do I have in Montenegro?
As an asylum seeker you are entitled to several rights, foreseen by the law, out of which the most important are:
• Residence and freedom of movement within the territory of Montenegro;
• Accommodation, in the collective type of accommodation, provided by the state;
• Healthcare;
• Primary and secondary education;
• Work (only after 9th month, upon submission of asylum application)

Criteria for access and scope of these rights are defined, in more details, with different laws and administrative procedures in Montenegro.

What are my obligations in Montenegro?
As an asylum seeker you have several obligation, out of which the most important are:
• Respect national legislation and rules of conduct in Montenegro;
• Cooperate with the state authorities;
• Provide the information requested by the state authorities;
• Respond to the invitation of the Directorate for Asylum for a personal interview and cooperate in the procedure for granting international protection;
• Remain within the territory of Montenegro during the asylum procedure;
• Notify the Ministry of the Interior of any change of address within three days; etc.

During your asylum application procedure, you are entitled to several reception services provided by the state, if you are in need for these services.

What does reception mean?

As an asylum seeker, you have the right to adequate reception standards.

The reception includes the following: accommodation, food, access to medical assistance, basic clothing, etc.

In case of your vulnerability, transportation may be provided for the purpose of participation in the asylum procedure or enjoyment of other rights.

Where can I be accommodated?

Once you express your intention to seek asylum, you will be entitled to accommodation in the reception centre (Centre for Asylum in Spuz or in Bozaj). The accommodation in any of these facilities will be offered to you by the Ministry of the Interior during the registration of asylum intention.

If you leave the facility provided by the Government, you must notify the Directorate for Asylum of the place and address of residence within three days after choosing or changing your place and address of residence.

You can decide to stay in a place of residence of your choice, if you are able to provide the financial means. However, even in that case, you continue to have the right to education, necessary healthcare, one-time financial assistance and free legal aid.

Can the right to reception be restricted or can I be deprived of this right?

The right to reception may be restricted under certain circumstances, such as: if you are not staying in the reception centre; if you leave the reception centre for more than 24 hours without notification; or if you violate the house rules at the reception centre.

The Red Cross of Montenegro, together with the International Committee of the Red Cross (ICRC), and the National Red Cross and Red Crescent Societies abroad, helps people in Montenegro search for family members in another country.

For more information about family tracing procedures, see here.