Croatia: New law on foreigners

In the framework of the accession process to the European Union, Croatia has to adjust national regulations with the EU law. Thus, in May, a draft of the new law on foreigners has been published and was submitted for approval to the Croatian Parliament.

Regarding their work and stay in Croatia, the draft states that in future foreigners coming to work in Croatia will not need a work-business and a residence permit, but will be able to obtain a single permit for work and stay. The permit for work and stay out of the quota regime is extended to categories for which business permit is currently required.

Additional conditions are required for obtaining a work and stay permits for one key person who is not a-EU citizen: the subscribed capital of the respective company must be higher than HRK 100,000; at least three Croatian citizens must be employed in the company on positions other than procurement, members of the board or supervisory board; the gross salary of the key person has to amount at least to the average gross salary in Croatia.

If more than one foreigner, who is not an EU citizen, is holding key positions in the company the conditions for work and stay permits are the same except that five Croatian citizens have to be employed.

New specific conditions will be introduced for obtaining a permit to work and stay for a non EU citizen who is a person self-employed in its own company or in a company in which he/she has a share of over 51%.

The possibility of work without a work permit for up to 90 days is extended to assignees. An assignee is defined as a person employed by the employer established in the member states of the European Economic Area sent by his/her employer to Croatia based on the agreement signed between the employer and a company in Croatia; or as a person sent to its branch office or related company or a person hired temporarily out to the company which operates in Croatia while keeping such worker employed during the hire out period.

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