The Act on Movement and Stay of Aliens of 1991 is the main piece of legislation in use at the time of writing on the rights of migrants in Croatia. Chapter IV sets out the position on the Stay of Aliens. Article 22 states that migrants in Croatia fall into the categories of: temporary stay; extended stay; stay with the business visa; stay on the basis of permission to permanently settle; and stay on the basis of refugee status. Article 23 sets out the position on temporary stay; this is when a migrant has a transit visa, an entry visa for tourist of business visits or a border pass (see 8.3-External Borders). Article 24 sets out the position on extended stay for longer than three months for the purposes of education, specialisation, scientific research, employment, or for performing professional activity, for medical treatment, tourism, and for those who have married Croatian citizens. Article 25 provides that employment permits should extend for the period of validity of employment agreements, although this may not be longer than two years, and for cases falling within Article 24 for a period of one year (see 8.5-Migrant workers).
In relation to permanent settlement Article 29 allows non-citizen migrants who have been married to a Croatian citizen or another person who is permanently settled in Croatia for at least a year and people who have been employed for three years in continuation, to settle in Croatia. Children are given permanent settlement if their parents have obtained it under the Act. Article 31 of the Act sets out the position in relation to asylum and states that persons who have left their country of citizenship or settlement in order to avoid persecution because of their political opinion or national, racial, or religious affiliation can be recognised as refugees. The Croatian Constitution also sets out the right to asylum (see 8.1-Fundmental Rights).
A number of provisions of the new Law on Aliens, which will supersede the 1991 Act, set out the immigration law and policy of Croatia. The new Law came into force in July 2003 and will come into use in January 2004. Article 33 sets out the types of stay migrants may be allowed in Croatia. These are stay for up to 90 days, temporary stay and permanent stay. The same provision states that stay for up to 90 days may be allowed without a visa, with a visas, or a border pass (see 8.3-External Borders), unless it has been differently regulated by the Law or an International Agreement. Under Article 34 permission for temporary stay can be obtained by a migrant who: is planning to stay in the Republic of Croatia longer or for different reasons than those on account of which the visas was issued, does not need a visa to enter but is planning to stay in the Republic of Croatia longer than 90 days for the reasons stated in Article 37 of the Law or is engaging in business within Article 95 of the Law and is planning to stay in Croatia longer than 30 days. The reasons set out in Article 37 are: work; study and education; family reunion or other relevant reasons regulated by Law or International Agreement. Article 95 sets out employment which is exempt for work permit requirements, these include: scientists, specialists, academics and musicians.
Article 38 sets out the conditions for temporary stay, which are: the means of living; secured accommodation; the right to healthcare; that no impediments from Article 45 of the Law apply; and that they have given proof of the reason of their stay. On the first application for temporary stay it must be proven that the migrant has not been criminally charged in the country of which he is a citizen or has permanent residence. Article 39 provides that migrants may only stay in the Republic of Croatia in accordance with the purpose for which they were given temporary stay. Article 35 states that temporary stay will be given for a period of one year and extended for up to two years.
Permanent settlement can be acquired under Article 47 of the Act by persons who have on the date of applying 5 years unbroken approved temporary stay in Croatia or if they have been married for 3 years to a Croatian citizen or an alien with approved permanent settlemen. Exceptionally permanent settlement could be approved to other aliens on temporary stay because of humanitarian reasons or if it would be in the interests of the Republic of Croatia. Under Article 49 permanent settlement will not be given to persons who have been legally charged on a non-conditional prison sentence, who have no means of living, who have no secured accommodation, who have no healthcare or if it is necessary for the reasons of protection of legal order, national security and public health.
Asylum is covered by the new Law on Asylum which will come into force in July 2004. Article 2 states that refugees are persons who come within the definition under the 1951 Convention of Refugees and the accompanying Protocol of 1967. A person granted asylum is defined as a person whose refugee status is recognised under the Law. Article 6 of the Law states that the Ministry of Interior makes decisions on asylum claims, and that there are also rights to appeal against that decision (see 8.9 - Legal Recourse). Under Article 56 of the Law temporary protection would be approved to migrants who arrive in Croatia en masse from a country in a state of war or similar situation, general disorder or international conflicts, where there is abuse of human rights and if the country of origin is not able to provide protection. Article 57 provides that temporary protection will be approved by the Ministry of Interior for a duration of 6 months and may be extended for further 6 months periods up to two years if there are justified reasons for such approval.
Analysis provided by: Anisa Niaz LLM (Public Law), United Kingdom.
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