201211.26
Off
0

LIFE AND WORK OF FOREIGNERS IN CROATIA

TEMPORARY STAY OF FOREIGNERS IN THE REPUBLIC OF CROATIA

Aliens who wish to stay in Croatia, for any reason, for a time period longer than 3 months, as well as aliens who wish to work in Croatia must regulate they stay.

Temporary stay shall be granted to aliens who intend to stay or are staying in the Republic of Croatia for the following purposes:

  1. family reunification,
  2. secondary school education and university studies,
  3. scientific research,
  4. humanitarian grounds,
  5. work, and
  6. work of posted workers

Competent police authority according to the employee’s residence or his/her intended residence decides on the request for the temporary residence. Temporary residence is granted for a time-period of maximum 1 year. Request for the prolongation of the temporary residence is filed at least 30 days prior to the expiration of the current, valid temporary residence permit, at the competent police authority according to the employers residence or seat or the employees place of work.

Temporary stay shall be granted to an alien if:

1. he justifies the purpose of temporary stay

2. he has a valid travel document

3. he has the means of subsistence

4. he has a proof of allocated health insurance in RC

5. he is not banned from entering or staying in RC

6. he doesn’t represent a danger for public order, national security or public health.

Considering that family reunification is one of the grounds for temporary stay, it is important to mention that cohabitation is a life union of an unmarried woman and an unmarried man that lasts at least 3 years or less if a mutual child is born.

Temporary stay is revoked if:

1. if conditions for temporary stay are not fulfilled,

2. a foreigner has a refusal of entry and stay in Croatia,

3. if within 30 days after temporary stay has been approved, an alien doesn’t register his/her residence to the police authorities i.e. police station,

4. a foreigner has moved out of Croatia or has uninterruptedly stayed abroad for a time period longer than 30 days,

5. if an alien stays in Croatia contrary to his/her purpose of stay.

Exceptionally, an alien who, for justifiable reasons, stays out of Croatia for a time period up to 90 days, shall still have temporary stay if he/she notices the competent police authorities or a police station at least 10 days after he/she returns to Croatia.

PERMANENT RESIDENCE OF FOREIGNERS IN THE REPUBLIC OF CROATIA

Permanent residence is granted to a foreigner who has been in possession of a temporary stay permit for an uninterrupted period of 5 years, before the submission of the application, which means that in a 5 year period his/her several-time absence has not lasted longer than 10 months or his/her one-time absence has not lasted longer than 6 months.

When the decision is made on the request for permanent residence, one must have temporary stay in RC.

Permanent residence shall be granted to foreigners who:

1. have been in possession of a temporary stay permit for an uninterrupted period of 5 years

2. have a valid foreign travel document
3. have the means of subsistence
4. have health insurance
5. have Knowledge of the Croatian language and the Latin script as well as of the Croatian culture and the organization of the Croatian society

6. do not represent a danger for public order, national security or public health

An alien with permanent residence is entitled to:

  1. work and self-employment
  2. professional education
  3. education and student’s scholarships
  4. social welfare, rights from pension and health insurance, right to parental allowance and maternity benefits
  5. tax reliefs
  6. access to the goods market
  7. freedom of association and membership in organizations who represent workers or employers or in organizations whose members perform exceptional work, including benefits given by such organizations.

Permanent residence is revoked if:

  1. a foreigner has a refusal of entry and stay in Croatia,
  2. a foreigner has moved out of Croatia or has uninterruptedly stayed abroad for a time period longer than one year,
  3. it is determined that the foreigner has knowingly given untruthful information or has knowingly covered the purpose and the circumstances important for the decision on permanent residence
  4. it is necessary for the protection of public order, national security or public health
  5. the foreigner demands it.

An Alien on a short term stay is obligated to register his/her stay within 2 days from the day of entry in the Republic of Croatia.

WORK IN CROATIA

            An Alien can work in the RC on grounds of the issued Stay and work permit or the issued certificate on the work application and only on those jobs for which these permits/certificates have been issued.

            Stay and work permit can be issued on grounds of annual quota or beyond the annual quota.

Aliens without a stay and work permit or a work registration certificate may work in the Republic of Croatia only if they have been granted:

  1. permanent stay,
  2. asylum, subsidiary or temporary protection,
  3. temporary stay for the purpose of family reunification with a Croatian national, an alien on permanent stay, an asylee or an alien who has been granted subsidiary or temporary protection,
  4. temporary stay under humanitarian grounds,
  5. autonomous stay,
  6. the status of a full-time pupil or student when they perform services through the mediation of authorized agents, without getting employed,
  7. temporary stay for the purpose of scientific research which has been granted pursuant to a visiting contract.

Stay and work permit beyond annual quota can be issued to:

1. daily migrant workers under condition of reciprocity

2. key personnel, providers of services, workers and their family members, whose status has been regulated by the Stabilization and Association Agreement between the European Communities and their Member States and the Republic of Croatia (refers to EU nationals),

3. aliens who are performing key duties in companies and branches,

4. aliens transferred as part of internal staff transfers within companies and other indispensable personnel, as defined by the Protocol on the Accession of the Republic of Croatia to the Marrakesh Agreement Establishing the World Trade Organization,

5. an alien who is self-employed in his own company or has more than 51% of owners share in the company or his own craft

6. an employee who provides services for an alien employer who doesn’t have the right of establishment in the EEA Member State,

7. teachers who teach language and letter of national minorities

8. professional sportsmen or sports workers working in Croatia

9. artist employed in culture institutions in Croatia

10. aliens employed in foreign associations registered as foreign associations in Croatia and at least three more states

11. aliens who are members of foundation bodies, representatives of foreign foundations and foundations registered in the foreign foundations registry in RC

12. aliens employed on grounds of mobility programme for young people conducted by the RC in cooperation with other countries

13. scientific researchers and aliens employed in scientific or other research workplaces in scientific legal persons

14. professors- native foreign language speakers, lectors and other teachers who teach in Croatian institutions of higher education or registered foreign language schools

15. aliens working pursuant to an international treaty

Stay and work permit shall be issued to aliens who are performing key duties in companies and branches if:

  1. the alien submits employment contract, i.e. written certificate that proves that the employment contract has been entered into or another adequate proof of employment
  2. the alien submits proof of educational and other foreigners’ qualifications,
  3. the alien submits proof on the company’s, branch’s, crafts etc. registration
  4. the alien submits explanation on justification for employing a foreigner with the data on foreigners professional knowledge, qualifications and work experience, and an explanation as to why that workplace cannot be fulfilled with employees from Croatia (not necessary if an alien has more than 51% of owners share in the company)
  5. the amount of the legal capital of the company, or the assets of the limited or the unlimited partnership go beyond 100.000,00 kn,
  6. there are at least 3 Croatian citizens employed in the company or branch office of a foreign company on workplaces that are not ones of a procures, member of the management nor supervision
  7. his gross salary is at least the same as the average gross salary paid in Croatia in the past year according to the officially published data from the competent statistics body

If there are several aliens performing key activities for the same employer, a stay and work permit may be issued if they meet the above mentioned criteria and if for each alien employed, there are at least five Croatian nationals employed on jobs other than procurator, member of the management board or member of the supervisory board.

Stay and work permit shall be issued to an alien who is self-employed in his own company or has more than 51% of owners share in the company if:

  1. the alien submits employment contract, i.e. written certificate that proves that the employment contract has been entered into or another adequate proof of employment
  2. the alien submits proof of educational and other foreigners’ qualifications,
  3. the alien submits proof on the company’s, branch’s, crafts etc. registration
  4. more than 200.000,00 kn is invested in registration of the company or the craft
  5. there are at least 3 Croatian citizens employed
  6. his gross salary is at least the same as the average gross salary paid in Croatia in the past year
  7. the company or trade does not do business at a loss,
  8. they provide proof of having settled the tax obligations and contributions in the Republic of Croatia.

Stay and work permit shall be issued to an alien who is a citizen of an EU Member State if:

  1. the alien submits employment contract, i.e. written certificate that proves that the employment contract has been entered into or another adequate proof of employment
  2. the alien submits proof of educational and other foreigners’ qualifications,
  3. the alien submits proof on the company’s, branch’s, crafts etc. Registration

Stay and work permit is issued to the foreigner for the time necessary for work, i.e. for the time for which the employment contract or other appropriate contract is entered into, and for the maximum time period of one year.

Exceptionally, work and stay permit is issued to an alien for a period of 2 years if one hasn’t requested a work and stay permit to be issued for a shorter period.

An Alien who has been granted a work and stay permit for the purpose of seasonal work can stay in Croatia for a maximum period of 6 months within one year and he/she must be for at least 6 months out of Croatia before he/she is allowed to enter and stay for the purpose of work.

STAY AND WORK OF CITIZENS OF EU MEMBER STATES AND THEIR FAMILIES

Citizens of the EEA Member State and members of their families, regardless if they are or they are not citizens of EEA Member state, who have a right to stay in the RC, are equal in rights as citizens of the RC.

Citizen of the EEA Member State and members of his/her family are entitled to work and provide services in the RC without the work and stay permit i.e. the certificate on the work application.

Besides citizens of EU Member States, citizens of Switzerland are, as well, equal in rights as citizens of the RC regarding work and stay in the RC.