Baza je ažurirana 17.04.2024.
zaključno sa NN 43/24
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I. GENERAL PROVISIONS_ 2
II. TRAVEL DOCUMENTS_ 4
III. VISAS_ 5
IV. ENTRY AND DEPARTURE OF ALIENS_ 12
V. STAY OF ALIENS_ 13
VI. RETURN MEASURES_ 31
VII. IDENTITY DOCUMENTS_ 42
VIII. REGISTRATION OF STAY_ 43
IX. MOVEMENT OF ALIENS IN UNIFORM_ 44
X. ENTRY, STAY AND WORK OF NATIONALS OF EEA MEMBER STATES AND THEIR FAMILY MEMBERS_ 45
XI. STAY AND WORK OF THIRD-COUNTRY NATIONALS HAVING APPROVED PERMANENT STAY IN ANOTHER EEA MEMBER STATE, AND OF THEIR FAMILY MEMBERS_ 54
XII. STAY AND WORK OF HIGH-SKILLED THIRD-COUNTRY NATIONALS_ 55
XIII. DATA FILING SYSTEMS_ 58
XIV. INSPECTION AND ADMINISTRATIVE SUPERVISION OF THE IMPLEMENTATION OF THE ACT_ 59
XV. PENAL PROVISIONS_ 62
XVI. TRANSITIONAL AND FINAL PROVISIONS_ 66
Transitional and final provisions from OG 74/13 68
Article 1 (OG 74/13)
(1) This Act regulates conditions for the entry, movement and the work of aliens and the conditions of work, and the rights of posted workers in the Republic of Croatia.
(2) The provisions of this Act relating to the stay and work of aliens shall not apply to the staff of diplomatic missions and consular posts, to the members of missions of the United Nations organisations and other specialised institutions of the United Nations, to members of the missions of international organisations accredited in the Republic of Croatia and to members of their family or household.
(3) In this Act, certain nouns are in the masculine gender, but are used as neutral to cover both the masculine and feminine grammatical gender.
(4) This Act transposes into the legislation of the Republic of Croatia the following directives:
– Directive 2008/115/EC of the European Parliament and of the Council of 16 December 2008 on common standards and procedures in Member States for returning illegally staying third-country nationals; (Official Journal No. L 348 of 24 December 2008),
– Council Directive 2001/51/EC of 28 June 2001 supplementing the provisions of Article 26 of the Convention implementing the Schengen Agreement of 14 June 1985; (Official Journal No. L 187 of 10 July 2001),
– Council Directive 2002/90/EC of 28 November 2002 defining the facilitation of unauthorised entry, transit and residence; (Official Journal No. L 328 of 5 December 2002),
– Council Directive 2003/110/EC of 25 November 2003 on assistance in cases of transit for the purposes of removal by air; (Official Journal No. L 321 of 6 December 2003),
– Council Directive 2001/40/EC of 28 May 2001 on the mutual recognition of decisions on the expulsion of third country nationals; (Official Journal No. L 149 of 2 June 2001),
– Council Framework Decision 2002/946/JHA of 28 November 2002 on the strengthening of the penal framework to prevent the facilitation of unauthorised entry, transit and residence; (Official Journal No. L 328 of 5 December 2002),
– Council Decision 2004/191/EC of 23 February 2004 setting out the criteria and practical arrangements for the compensation of the financial imbalances resulting from the application of Directive 2001/40/EC on the mutual recognition of decisions on the expulsion of third-country nationals; (Official Journal No. L 60 of 27 February 2004),
– Council Decision 2004/573/EC of 29 April 2004 on the organisation of joint flights for removals from the territory of two or more Member States, of third-country nationals who are subjects of individual removal orders; (Official Journal No. L 261 of 6 August 2004),
– Directive 2004/3 8/EC of the European Parliament and of the Council of 29 April 2004 on the right of citizens of the Union and their family members to move and reside freely within the territory of the Member States; (Official Journal No. L 158 of 30 April 2004),
– Council Directive 2009/50/EC of 25 May 2009 on the conditions of entry and residence of third-country nationals for the purposes of highly qualified employment; (Official Journal No. L 155 of 18 June 2009),
– Directive 2009/52/EC of the European Parliament and of the Council of 18 June 2009 providing for minimum standards on sanctions and measures against employers of illegally staying third-country nationals; (Official Journal No. L 168 of 30 June 2009),
– Directive 96/71/EC of the European Parliament and of the Council of 16 December 1996 concerning the posting of workers in the framework of the provision of services, (Official Journal No. L 18 of 21 January 1997),
– Council Directive 2003/109/EC of 25 November 2003 concerning the status of third-country nationals who are long-term residents; (Official Journal No. L 16 of 23 January 2004),
– Council Directive 2003/86/EC of 22 September 2003 on the right to family reunification; (Official Journal No. L 251 of 3 October 2003),
– Council Directive 2004/114/EC of 13 December 2004 on the conditions of admission of third-country nationals for the purposes of studies, pupil exchange, unremunerated training or voluntary service; (Official Journal No. L 375 of 23 December 2004),
– Council Directive 2004/81/EC of 29 April 2004 on the residence permit issued to third-country nationals who are victims of trafficking in human beings or who have been the subject of an action to facilitate illegal immigration, who cooperate with the competent authorities; (Official Journal No. L 261 of 6 August 2004),
– Council Directive 2005/71/EC of 12 October 2005 on a specific procedure for admitting third-country nationals for the purposes of scientific research; (Official Journal No. L 289 of 3 November 2005),
– Council Resolution 97/C 382/01 of 4 December 1997 on measures to be adopted on the combating of marriages of convenience; (Official Journal No. C 382 of 16 December 1997),
– Council Recommendation of 27 September 1996 on combating the illegal employment of third-country nationals; (Official Journal No. C 304 of 14 October 1996),
– Council Directive 2004/83/EC of 29 April 2004 on minimum standards for the qualification and status of third country nationals or stateless persons as refugees or as persons who otherwise need international protection and the content of the protection granted; (Official Journal No. L 304 of 30 September 2004),
– Directive 2011/51/EU of the European Parliament and of the Council of 11 May 2011 amending Council Directive 2003/109/EC to extend its scope to beneficiaries of international protection; (Official Journal No. L 132 of 19 May 2011),
– Directive 2011/98/EU of the European Parliament and of the Council of 13 December 2011 on a single application procedure for a single permit for third-country nationals to reside and work in the territory of a Member State and on a common set of rights for third-country workers legally residing in a Member State; (Official Journal No. L 343 of 23 December 2011).
(5) This Act regulates the implementation of the following EU Regulations:
– Regulation (EC) No. 810/2009 of the European Parliament and of the Council of 13 July 2009 establishing a community code on visas (Visa Code); (Official Journal No. L 243 of 15 September 2009),
– Regulation (EC) No. 767/2008 of the European Parliament and of the Council of 9 July 2008 concerning the Visa Information System (VIS) and the exchange of data between Member States on short-stay visas (VIS Regulation); (Official Journal No. L 218 of 13 August 2008).
Article 2 (OG 74/13)
For the purposes of this Act, the following terms have the following meanings:
1. An alien means any person who is not a Croatian national.
2. A stateless person means an alien who is not considered to be a national by any state under its national legislation.
3. A travel document means a foreign travel document and the travel document for aliens.
4. A foreign travel document means a document that the competent body of another state issues to its nationals or aliens for travel abroad.
5. The travel document for aliens means the laissez-passer for aliens, the refugee travel document for aliens, the travel document for stateless persons, the travel document for asylees issued in accordance with special regulations and the document issued on the basis of international agreements.
6. A carrier means a natural or legal person registered for the performance of the activity of rendering transport services to persons.
7. An employer means a legal or natural person who entered into an employment relationship with an alien or takes advantage of his work.
8. A subcontractor means an employer - legal or natural person who entered into a works subcontracting agreement with another legal or natural person and who entered into an employment relationship with an alien or takes advantage of his work.
9. A daily migrant means a national of a neighbouring state in which he has permanent residence and who enters the Republic of Croatia to work and returns to his home country on a daily basis.
10. A seasonal worker means an alien residing in a state of his nationality or in a state in which he has approved permanent stay who concluded a contract for the performance of a particular job within a particular time period not longer than 6 months with an employer having his registered office (seat) in the Republic of Croatia.
11. A national of a Member State of the European Economic Area (hereinafter the EEA) means an alien having the nationality of one of the EEA Member States.
12. A third-country national means an alien not having the nationality of an EEA Member State.
13. A high-skilled worker means a third-country national employed in the Republic of Croatia pursuant to special regulations governing employment-legal relations in the Republic of Croatia, who is paid for the work concerned and who has the required, that is, adequate and special expertise as demonstrated by highly professional qualifications.
14. Highly professional qualifications means completed university education or completed undergraduate and graduate university studies or an integrated undergraduate and graduate university study or specialised graduate occupational study.
15. The Agency for Temporary Employment is an employer that on the basis of an agreement on the assignment of workers assigns workers to a particular user for the performance of temporary jobs.
Article 3
An alien holding multiple nationalities shall use during his stay in and leave the Republic of Croatia with the travel document he used to enter the Republic of Croatia.
Article 4
(1) An alien shall comply with laws and regulations, and decisions of the state authorities during his movement and stay in the Republic of Croatia.
(2) An alien whose movement is restricted to a particular area may move only within such area.
(3) The document for movement within a particular area may be taken away from an alien acting contrary to the provision of paragraph 2 of this Article, subject to the issuing of a certificate.