The Act on Movement and Stay of 1991 states that in order to settle permanently in Croatia individuals must, under Article 29 of the Act, have been employed for three continuous years or have been married to a Croatian citizen or another person who has been granted permanent settlement in Croatia. Other persons who are of national economic of other important national interest to Croatia may also be granted permanent settlement.

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The Act on Movement and Stay of 1991 states that in order to settle permanently in Croatia individuals must, under Article 29 of the Act, have been employed for three continuous years or have been married to a Croatian citizen or another person who has been granted permanent settlement in Croatia. Other persons who are of national economic of other important national interest to Croatia may also be granted permanent settlement. Migrants have the right to permanent settlement under Article 47 of the new Law of Aliens of 2003, which came into force in July 2003 and will come into use in January 2004, if they have had an unbroken 5 years temporary stay in Croatia, if they have been married for 3 years to a Croatian citizen or an alien with approved permanent settlement, and have approved temporary stay or exceptionally because of humanitarian reasons or if it is in the interests of the Republic of Croatia. In order to obtain permanent settlement, or temporary settlement migrants must prove that they have the means to live, including accommodation and the right to state healthcare (see 8.2 - Immigration Law and Policy).

Under the Act on Movement and Stay of 1991 refugees are granted a number of rights and entitlements. These are: necessary accommodation, the necessary means for living, and health protection until they depart for another country or are able to support themselves. These benefits will however only be granted for three months from when a person is recognised as a refugee unless the person concerned is incapable of working or supporting themselves. The new Law on Asylum of 2003, which will come into force in July 2004, also sets out the rights and entitlements of refugees and asylum seekers. Under Article 20 asylum seekers have the right to stay; the basic conditions for living; healthcare; primary education; financial help; access to Courts and the right to legal aid; humanitarian aid; freedom of religion and freedom of religious education of their children. Under Article 39 asylum seekers are accommodated in reception centres during the processing of their claims, if they have the financial means for accommodation and living the Ministry of Interior will order that after 7 days of stay in reception centres they can stay outside those centres. Refugees are entitled under Article 24 to: stay; accommodation; work; healthcare; schooling; humanitarian aid; freedom of religion; freedom of religious education of their children; family reunion of immediate family; access to Courts and the right to legal aid; financial help and help with inclusion into social life.

The Constitution of 1990 also sets out rights and entitlements. Under Article 58 all persons are guaranteed the right to health care, in conformity with law. This protection is not restricted to Croatian citizens, therefore migrants may be entitled to the right to healthcare although there is no guarantee that this would be free. Article 65 provides that primary education is compulsory and free and that secondary and higher education shall be equally accessible to everyone according to their abilities. Again this provision is not restricted to Croatian citizens therefore migrants with lawful status in Croatia should expect equal protection.

Analysis provided by: Anisa Niaz LLM (Public Law), United Kingdom.

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