Amendments To The Croatian Foreigners Act

The existing Foreigners Act (Official Gazette No. 130/11, 74/13, and 69/17; "Foreigners Act") sets out detailed rules for entry, work and stay of foreigners on Croatian territory. While the introduced amendments do not substantially change the general framework of residence and work permits, certain existing provisions were clarified and new rules related to (i) posted, (ii) seasonal workers, and (iii) intra-corporate transferees were introduced.

CLARIFICATIONS OF THE EXISTING FRAMEWORK

One of the legislator's main tasks was to clarify and improve certain unclear provisions of the existing Foreigners Act, namely:

redefinition of the concept of family members in relation to same-sex relationships; determination of income for independent workers applying for work and residence permits; definition of foreigners whose stay is not calculated as the period for the permanent stay; technical improvements in relation to the conditions for the approval of permanent stay; precise definition of the registration procedure for foreigners on short stay; precise stipulation of the registration procedure for temporary and permanent residence; more detailed elaboration of effective measures for ensuring the return of foreigners. IMPLEMENTATION OF THE RELEVANT EU LAW

The amendments to the Foreigners Act include a new set of rules, as required under three EU directives - Enforcement Directive (1), Seasonal Workers Directive (2) and Intra Corporate Transfer Directive (3). In line with the Enforcement Directive, a common framework of measures required for efficient enforcement of the rules regulating the status of posted workers across the EU was introduced, which includes:

an obligation of foreign employers to appoint a posting representative; stronger judicial protection, information access and administrative cooperation; special provisions related to a more efficient inspection of the posted workers. Further amendments relate to the legal status of third-country seasonal workers, as introduced under the Seasonal Workers Directive. The implementation of the Seasonal Workers Directive into Croatian legislation should contribute to the effective management of migration flows for seasonal and temporary migration and ensure decent working and living conditions for seasonal workers. The main changes in relation to the seasonal workers include the following:

the definition of seasonal workers is generally redefined; third-country seasonal workers are entitled to...