Article 35 of the Croatian Constitution provides that all persons shall be guaranteed respect for and legal protection of personal and family life. This protection is not only restricted to Croatian citizens and therefore migrants lawfully in the territory of Croatia may seek the protection of this right under the Constitution.

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Article 35 of the Croatian Constitution provides that all persons shall be guaranteed respect for and legal protection of personal and family life. This protection is not only restricted to Croatian citizens and therefore migrants lawfully in the territory of Croatia may seek the protection of this right under the Constitution.

Article 24 of the Act on Movement and Stay of Aliens (1991) states that migrants who have married Croatian citizens and wish to stay in Croatia for longer than three months may submit a request for extension of stay before the expiration of the three month period of their temporary stay visa. This provision is limited to migrants who have married Croatian citizens and does not include those who marry persons who are permanently settled in Croatia. Article 29 however provides that permanent settlement can be granted to a migrant married to a Croatian citizen for at least a year, or married to a person who has been granted permanent settlement in the Republic of Croatia.

The new Law on Aliens, which came into force in July 2003 comes into use in January 2004 and supersedes the 1991 Act, has repercussions for family reunification. Article 37 states that temporary stay within the Law may be for the purposes of family reunion. Article 42 further clarifies that requests for temporary stay for the purpose of family reunion may be requested by an alien member of the immediate family of Croatian citizens, or members of the families of aliens who have approved permanent or temporary stay, or who have been granted asylum. Other members of immediate family are defined as spouses; minor children who have not started their own families and the parents of minor children. Members of immediate family could exceptionally be granted family reunion if there are special personal or humanitarian reasons for unification of the family in Croatia. Persons granted family reunification under this provision cannot work on the territory of the republic of Croatia. Temporary stay may under Article 43 be extended for up to three years, for immediate family members, or until they fulfil the requirements for issuing permanent stay. Under Article 47 permanent settlement will be approved in relation to migrants who have been married to a Croatian citizen or person with approved permanent settlement for 3 years, and who themselves have approved temporary stay. Other family members, like all other applicants, could be granted permanent settlement if they have 5 years unbroken temporary stay in Croatia.

Article 32 of the new Law on Asylum, which comes into force in July 2004 sets out the right to family reunion of refugees. It states that recognised refugees, residing in the Republic of Croatia, have the right to family reunion with members of their immediate family, defined as spouses; minor children who have not started their own families and parents or legal guardians of minor refugees. Under this provision minors would follow the status of their parent or legal guardian to whom asylum has been granted. The right to family reunification of spouses would be approved only when the marriage was entered into before the person came to the Republic of Croatia.

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

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