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Application of the Law on Foreigners as a Business Barrier

04/05/2018

The Tourism and Hospitality Industry Board of the Chamber of Economy of Montenegro, at its session held on 4 May 2018, discussed the application of the Law on Foreigners.

The session was chaired by the Deputy Chairman of the Board, Mr. Nemanja Nikolić, and in addition to the members, the meeting was attended by the Vice Presidents of the Chamber of Economy Mrs. Ljiljana Filipović and Mr. Danilo Gvozdenović, Director of the National Tourism Organization Zeljka Radak Kukavičić, the State Secretary of the Ministry of Sustainable Development and Tourism Mr. Damir Davidović, as well as representatives of the Ministries of the Interior, Sustainable Development and Tourism, Labor and Social Welfare, the Inspection Administration and the Tax Administration.

The new Law on Foreigners has been in force since February 2018 and its application is accompanied by many challenges especially in the field of tourism. For this year, 13185 licenses/permits were planned to be issued for temporary residence and work of foreigners, which is at the level of the previous year.

He stressed that employers in this sector want to employ local labor force, however, the labor market offer does not fully meet the increasingly demanding needs of foreign guests. That is why it is necessary to employ foreign personnel, and businessmen require for this to be realized in a simpler, faster manner and more economically. And this, according to him, is not easy given that all requirements related to the procedure for filing documentation should be met.

According to him, the procedure for hiring a foreigner lasts about 30 days and he considers that a foreigner should be enabled to work during this period with a temporary permit, which would ensure the registration and calculation of taxes and contributions for an employed foreigner and would be valid until the issuance of the final permit.

On the other hand, the representatives of the Ministry of Interior declare that they have done everything to meet businessmen requirements, they shortened the deadlines for resolving the requests, in order to make the forthcoming season successful. They stated that the new law harmonized the legislation in this area with the EU acquis and that this law was praised by the European Commission.

The excerpt from the act on systematization with the employer with which the foreigner has a job offer is a new precondition for issuing a temporary residence permit and work permit as defined in this law. Tourism businessmen consider this solution a business barrier.

Director of the National Tourism Organization Mrs. Željka Radak Kukavičić insisted that in the interest of successful development of the season, it is necessary to overcome all the doubts regarding the application of the Law on Foreigners.