Amendments to the Foreigners Act

What do the new amendments bring?

Regulation of temporary residence

• The possibility of extending temporary residence for other purposes for new categories of third-country nationals, including retired third-country nationals over the age of 60 who are property owners in Croatia.
• Expanded application of temporary residence with the validity period of two years, including life partnerships or informal partnerships, autonomous stay, as well as for the purpose of immigration and return of Croatian emigrants, while the duration of temporary residence for digital nomads has been extended from 12 to 18 months. 

Work without a work permit or confirmation of work

• The categories of persons allowed to work without a work permit or confirmation of work have been expanded, now including posted workers from other EEA Member States or Swiss Confederation for up to 90 days within any 180-day period. 

Changes to duration of work permits

• A validity period of 3 years for permits issued based on the opinion of the Croatian Employment Service (“HZZ”);
• Seasonal work permits can be issued for up to 9 months, rather than 6 months as previously; 
• Work permits issued without a labour market test and the opinion of HZZ can be issued with a validity period of up to 2 years, instead of just one year. 

New employer obligations 

• If an employer provides accommodation to a third-country national to whom a work permit is issued, the accommodation must be appropriate; 
• The employer must generate a certain turnover in the last six months (for legal entities, €10,000 per month, and for natural persons, €15,000 in the last six months); 
• Employers are obliged to pay to the state budget the amount of one average gross monthly salary paid in Croatia in the previous year if the employee, to whom a permit was issued based on the opinion of HZZ, does not start working within the prescribed period or if the employer terminates the contract before the expiration of 3 months of work in Croatia. To ensure the settlement of the claim, the employer must issue a promissory note in favour of the Republic of Croatia for each third-country national entering Croatia with a visa, within 5 days of issuing the permit; 
• A third-country national or employer must notify the authorities in case of the termination of the employment contract and other conditions based on which the work permit was issued within five working days of the occurrence of these circumstances; 
• A limit is imposed on the number of applications for work permits based on the opinion of HZZ;
• The minimum percentages of the number of employed Croatian citizens, EEA nationals, or Swiss Confederation nationals are prescribed: 16% for employment in non-deficit occupations and 8% for employment in deficit occupations.

New conditions for revocation of work permits 

• If the employer does not comply with occupational health and safety at work regulations, or is listed as an employer with detected undeclared work;
• If for an employer a person registered as the shareholder of a company or authorized representative, or their authorised person, is definitively convicted of certain categories of criminal offenses; 
• If the employer fails to provide a promissory note to the competent police authority within the prescribed period, etc. 

New cases where a work permit can be issued without a labour market test or the opinion of the HZZ:

• If the employer, who does not have the right of business establishment in an EEA Member State, has concluded a contract with a client in the Republic of Croatia in accordance with a special regulation governing public procurement; 
• If the employer is performing work related to the reconstruction of buildings damaged by an earthquake in accordance with the law governing the reconstruction of earthquake-damaged buildings. 

Changes in the procedure for awarding and conditions for issuance of the "EU Blue Card”

• The EU Blue Card is issued for a period of 48 months; 
• The application can be submitted by individuals with granted international protection and family members of EEA Member State nationals; 
• It can be granted to third-country nationals with proof of high-level professional skills in the IT sector (certified by the competent Commission), not only to those with proof of qualifications in higher education; 
• The gross salary must not be less than 1.5 times the average gross monthly salary paid in the previous year.

Possibility of changing employers or occupation with the same employer and additional work without the need to issue a new permit.

The work permit based on the opinion of HZZ must be issued within 15 days of the submission of the proper application, and the "EU Blue Card" must be issued within 60 days.

A third-country national can be unemployed within the validity period of the work permit for a certain period, not exceeding 60 days (either at once or multiple times), unless they are a seasonal worker.