מוצא - רישום בגיר/מאוחר (נולד ב-ME או תושב לפני גיל 18)

ME-DSC-03 is the youth / late-acquisition cluster for people with a Montenegrin tie who did not (or could not) acquire at birth or by the before-18 registration route. It bundles two distinct statutory mechanisms. First, Article 6(2): a person who has reached 18, one of whose parents is a Montenegrin citizen and the other a citizen of another country, acquires Montenegrin citizenship BY ORIGIN if he files a request for entry in the register of Montenegrin citizens before turning 23, provided he does not already hold the other parent's citizenship. This is the adult continuation of the Art 6(1) before-18 registration route — a five-year grace window (18 to 23) for those who aged out of the minor's deadline. Second, Article 15: a person born in Montenegro, OR a person born abroad who legally and continuously resided in Montenegro before turning 18, may acquire Montenegrin citizenship BY ADMISSION (prijemom) on a facilitated condition-set drawn from Art 8(1). Although Art 15 is structurally a naturalization provision (chapter 3, prijem) rather than an origin provision, it is grouped here because it serves the same youth/territorial-tie population and is the practical fallback when the Art 6(2) origin window has closed or the parental link does not fit. The route is operative today (Arts 6 and 15 unchanged through the 77/2024 consolidation) but is non-signature: its legal mechanics are derivative of Arts 5/6 (origin) and Art 8 (naturalization) already carried by the signature routes.

Two condition-sets, by mechanism. Art 6(2) (origin, before-23): (i) the applicant has reached 18; (ii) one parent is a Montenegrin citizen and the other is a citizen of another country (a mixed-nationality family — not two Montenegrin parents, which is Art 5(1), and not an unknown/stateless other parent); (iii) the applicant files the request for entry in the citizens' register BEFORE turning 23 (a hard five-year window after the Art 6(1) minor deadline expires at 18); and (iv) the applicant 'nema drzavljanstvo drugog roditelja' — does NOT already hold the other parent's citizenship. This last condition is decisive: a person who is a dual national from birth, holding both parents' nationalities, CANNOT use Art 6(2); the route is reserved for those who inherited only the non-Montenegrin parent's status, or no second nationality at all. Art 15 (admission, youth/territorial): (i) the applicant was born in Montenegro OR was born abroad and legally and continuously resided in Montenegro before turning 18; (ii) he satisfies Art 8(1) items 1, 2, 3, 5, 7 and 8 — notably including item 3's TEN years of legal continuous residence, which Art 15 does NOT waive; while items 4 (accommodation/income) and 6 (language) are waived. Art 15 therefore facilitates by removing the means and language tests but still demands long residence and release from prior citizenship, making it a meaningful but not light pathway for the locally-rooted young person who cannot establish the Art 6 origin link.

Competent authority: the Ministry of Interior (MUP — 'nadlezni organ', Arts 27-29). For Art 6(2) the operative act is the request for entry (zahtjev za upis) in the register of Montenegrin citizens, which must be LODGED before the applicant's 23rd birthday — filing within the window, not a decision within it, preserves the right; the acquisition is by origin and the determination confirms it. For Art 15 the act is an application for admission (zahtjev za prijem) under the facilitated Art 8(1) condition-set, a discretionary-in-form but condition-bound grant. Channel: filed on the prescribed form in person or via authorized representative (Art 28(1)), or through a Montenegrin diplomatic/consular mission if the applicant resides abroad (Art 28(3)) — relevant to the Art 6(2) diaspora applicant. Documents: for Art 6(2), proof of the Montenegrin parent's citizenship, the applicant's birth certificate, and evidence that the applicant does not hold the other parent's nationality (e.g., a negative nationality certificate). For Art 15, proof of birth in Montenegro or of legal continuous residence begun before age 18, plus the Art 8(1) item evidence: ten years' legal continuous residence (item 3), release from prior citizenship or a qualifying exemption (item 2), a clean criminal record (item 5), no security/defence obstacle (item 7), and settled tax/legal obligations (item 8). Decision/appeal: the competent authority must decide within one year of initiating the procedure by a written reasoned decision with legal-remedy instruction (Art 29(3)); an administrative dispute (upravni spor) lies to the Administrative Court (Upravni sud), then the Supreme Court, then a constitutional appeal (Art 29(4)). Realistic timeline: the binding constraint for Art 6(2) is the 23rd-birthday filing deadline; for Art 15 it is accumulating and proving the ten-year residence and securing the release from prior citizenship.

Two provisions govern. Article 6(2), native: 'Crnogorsko drzavljanstvo porijeklom stice i:.. 2) lice koje je navrsilo 18 godina zivota, ciji je jedan roditelj crnogorski drzavljanin, a drugi je drzavljanin druge drzave, ako do navrsene 23. godine zivota podnese zahtjev za upis u registar crnogorskih drzavljana, a nema drzavljanstvo drugog roditelja.' NATLEX English: 'a person who has reached 18 years of age, one of whose parents is a Montenegrin citizen, and the other is a citizen of another country, if he submits a request for entry in the register of Montenegrin citizens by the age of 23, and does not have the citizenship of the other parent.' Article 15, native: 'Lice koje je rodjeno u Crnoj Gori i lice koje je rodjeno na teritoriji druge drzave, a prije navrsene 18. godine zivota zakonito i neprekidno boravi u Crnoj Gori, moze steci crnogorsko drzavljanstvo prijemom ako ispunjava uslove iz clana 8 stav 1 tac. 1, 2, 3, 5, 7 i 8 ovog zakona.' Art 15 thus incorporates by reference Art 8(1) items 1 (age 18), 2 (release from prior citizenship), 3 (10 years legal continuous residence), 5 (no unconditional prison sentence over one year), 7 (no security/defence obstacle) and 8 (settled tax/legal obligations); it omits — i.e., waives — item 4 (secured accommodation and income) and item 6 (Montenegrin-language knowledge). Critically, item 3 (the 10-year residence requirement) is NOT waived by Art 15. Constitutional anchor: Art 12 of the Constitution and Art 1 of the Law. Amendment history: Articles 6 and 15 were UNCHANGED across the 13/2008 → 40/2010 → 28/2011 → 46/2011 → 20/2014 (Constitutional Court annulment) → 54/2016 → 73/2019 → 77/2024 cascade; the only 77/2024 change was to Art 37 (register data for statistics/census).