Croatian citizenship, more precisely conditions for its acquisition and loss, is regulated by the Law on Croatian Citizenship (OG 53/91, 70/91, 28/92, 113/93, 4/94, 130/11, 110/15, 102/19, 138/21, hereinafter: the Law) which entered into force on October 8, 1991.
This day is celebrated in the Republic of Croatia as a commemoration - the Day of the Croatian Parliament, in memory of the day when the Croatian Parliament in 1991 unanimously adopted a decision to break all state-legal ties of the Republic of Croatia with the former state of Yugoslavia. The Parliament determined that the Republic of Croatia no longer considers anybody of the former SFRY legitimate or legal, and that it does not recognize as valid any legal act of anybody that acts on behalf of the former federation, which no longer exists as such. This important decision of the Parliament was made after the three-month moratorium on the Croatian Constitutional decision on independence and sovereignty, which was adopted by the Parliament on June 25, 1991, had expired the day before.
WHAT ARE THE BASIS OF ACQUIRING CROATIAN CITIZENSHIP?
Croatian citizenship is acquired: 1. by descent, 2. by birth in the territory of the Republic of Croatia, 3. by naturalization and 4. by international agreements.
WHAT ARE THE CONDITIONS FOR ACQUIRING CROATIAN CITIZENSHIP BY DESCENT?
Croatian citizenship by descent is acquired by a child: whose both parents are Croatian citizens at the time of its birth; whose one parent is a Croatian citizen at the time of the child's birth, and the child is born in the Republic of Croatia; of foreign citizenship or without citizenship, adopted by Croatian citizens according to the provisions of a special law.
Croatian citizenship by descent is also acquired by a person born abroad, whose one parent was a Croatian citizen at the time of their birth if they are registered with the diplomatic mission or consular office of the Republic of Croatia abroad or with the registry office in the Republic of Croatia by the age of 21. On the other hand, a person born abroad, whose one parent was a Croatian citizen at the time of their birth, and who has not been registered with the diplomatic mission or consular office of the Republic of Croatia abroad or with the registry office in the Republic of Croatia by the age of 21, acquires Croatian citizenship only if they would otherwise be left without citizenship.
A person born abroad can acquire Croatian citizenship if one of their parents is a Croatian citizen at the time of their birth, if they are registered with a Croatian embassy or consulate abroad or with the competent authorities in Croatia before turning 21. If they do not register by age 21, they can only acquire Croatian citizenship if they would otherwise be stateless.
Additionally, a person over 21 years old who was born abroad to a Croatian citizen parent can acquire Croatian citizenship if they submit a request to be registered in the Croatian citizen registry within three years of the law coming into effect, and if the Ministry of Internal Affairs determines that the person respects the legal order of the Republic of Croatia, has settled any outstanding public obligations, and there are no security obstacles to their acceptance into Croatian citizenship.
Finally, only persons born after the law came into effect, or after October 8, 1991, can acquire Croatian citizenship through descent. Persons who acquire Croatian citizenship through descent are considered Croatian citizens from birth.
WHAT ARE THE CONDITIONS FOR ACQUIRING CROATIAN CITIZENSHIP BY BIRTH?
Foreigners can acquire Croatian citizenship by birth if they meet the following conditions:
1. they have reached the age of 18;
2. they have been released from their foreign citizenship or provide proof that they will be released if they are accepted as a Croatian citizen (this condition is considered met if the applicant is stateless or will lose their citizenship by naturalization according to the law of their current country);
3. they have lived in the Republic of Croatia with registered residence for 8 continuous years prior to applying, and have been granted permanent residence status;
4. they have knowledge of the Croatian language and Latin script, Croatian culture, and social order (this is determined by an examination of their knowledge of the Croatian language and Latin script, culture, and social order. Individuals over the age of 60 are exempt from this requirement);
5. they respect the legal system of the Republic of Croatia, have paid all outstanding public debts, and do not pose a security threat to the country.
If a foreign country does not allow for the release of citizenship or imposes conditions that cannot be met, a statement from the applicant renouncing their foreign citizenship under the condition of acquiring Croatian citizenship is sufficient.
If a foreigner applying for Croatian citizenship by birth does not have proof of release from their foreign citizenship or does not have proof that they will be released upon acquiring Croatian citizenship, they may be issued a guarantee of acceptance into Croatian citizenship if they meet all other conditions listed above. This guarantee is valid for two years.
Additionally, a person born within the territory of the Republic of Croatia and living in the country with approved permanent residence may acquire Croatian citizenship by birth even if they do not meet the conditions listed in points 3 and 4.
Croatian citizenship by birth is acquired on the day the decision to grant Croatian citizenship is delivered.
WHAT ARE THE CONDITIONS FOR A MINOR CHILD TO ACQUIRE CROATIAN CITIZENSHIP BY BIRTH?
A minor child acquires Croatian citizenship by birth if:
both parents acquire citizenship by birth, or
only one parent acquires citizenship by birth, and the child lives in the Republic of Croatia and has been granted permanent residence, or
one of the parents acquires citizenship by birth as an immigrant or a descendant of an immigrant, or based on belonging to the Croatian people, or
only one parent acquires citizenship by birth, the other is stateless or of unknown citizenship, and the child lives abroad.
A request for the acquisition of Croatian citizenship for a minor child is submitted by one of the parents with the written consent of the other parent or the child's legal guardian. Exceptionally, a request can be submitted independently by one of the parents if:
the other parent has died or been declared dead,
the other parent has been deprived of legal capacity in the part that relates to the decision on the child's status issues,
he/she is solely exercising parental care based on a court decision or if the other parent's exercise of parental care is suspended based on a court decision,
the residence of the other parent is unknown (but only with the prior consent of the competent social welfare center).
WHAT ARE THE CONDITIONS FOR A FOREIGNER MARRIED TO A CROATIAN CITIZEN TO ACQUIRE CROATIAN CITIZENSHIP?
A foreigner who is married to a Croatian citizen, who has been granted permanent residence and lives in the territory of the Republic of Croatia, may acquire Croatian citizenship by birth, if he/she meets the conditions of respecting the legal order of the Republic of Croatia, has settled all outstanding public charges, and that there are no security obstacles to his/her admission to Croatian citizenship.
WHAT ARE THE CONDITIONS FOR AN EMIGRANT AND THE DESCENDANT OF AN EMIGRANT TO ACQUIRE CROATIAN CITIZENSHIP?
An emigrant and their descendants, as well as their spouse, can acquire Croatian citizenship if they meet the following cumulative conditions: they are over 18 years old, respect the legal order of the Republic of Croatia, have settled outstanding public obligations, and there are no security obstacles to their acceptance into Croatian citizenship.
An emigrant is defined as a person who left the territory of the Republic of Croatia before October 8, 1991, with the intention of permanently living abroad, but not if they left based on an international agreement or moved to other countries of the former SFRY or left the territory of the Republic of Croatia without previous Croatian citizenship or affiliation in the Republic of Croatia.
On the other hand, a person who left the territory of the Republic of Croatia based on an international agreement or renounced Croatian citizenship, changed residence to other countries that were part of the state community to which the Republic of Croatia belonged at that time, or left the territory of the Republic of Croatia without prior Croatian citizenship or affiliation in the Republic of Croatia is not considered an emigrant.
In practice, if a descendant of an emigrant applies for Croatian citizenship based on their kinship with an emigrant who left the territory of the Republic of Croatia after October 8, 1991, or left before that date but returned shortly thereafter, renounced Croatian citizenship or moved to another country that was part of Yugoslavia, or if it is determined that the ancestor was born and lived in an area of a Yugoslav state that was not Croatia, their application will be rejected as unfounded due to the lack of legal grounds for acquiring Croatian citizenship on that basis.
If a descendant of an emigrant who has been granted Croatian citizenship is a foreigner, they can also apply for Croatian citizenship under the same conditions as their spouse, provided that they meet the cumulative conditions: they are over 18 years old, respect the legal order of the Republic of Croatia, have settled outstanding public obligations, and there are no security obstacles to their acceptance into Croatian citizenship.
For more information on the process of acquiring Croatian citizenship for emigrants and their descendants, read the article published on our website / Publications: ACQUIRING CROATIAN CITIZENSHIP FOR EMIGRANTS' DESCENDANTS ACCORDING TO ARTICLE 11 OF THE CROATIAN CITIZENSHIP ACT (published on 03.04.2023).
CAN A FOREIGNER WHOSE ACQUISITION OF CROATIAN CITIZENSHIP WOULD BE IN THE INTEREST OF THE REPUBLIC OF CROATIA OBTAIN CROATIAN CITIZENSHIP?
A foreigner whose acquisition of Croatian citizenship would be in the interest of the Republic of Croatia may acquire Croatian citizenship by naturalization, provided that they meet the prerequisite of respecting the legal order of the Republic of Croatia, have settled their due public obligations, and there are no security obstacles to their acquisition of Croatian citizenship.
The spouse of such a person may also obtain Croatian citizenship, provided that they have resided in the Republic of Croatia for at least one year with a valid residence permit, and meet the prerequisite of respecting the legal order of the Republic of Croatia, have settled their due public obligations, and there are no security obstacles to their acquisition of Croatian citizenship.
Upon request by the Ministry of the Interior, the competent ministry or central state office provides a reasoned opinion indicating unequivocally that the acquisition of Croatian citizenship by the person who has applied for it on these grounds is in the interest of the Republic of Croatia.
CAN A PERSON WHO HAS PREVIOUSLY RENOUNCED CROATIAN CITIZENSHIP REGAIN IT?
A Croatian citizen who has renounced Croatian citizenship in order to acquire foreign citizenship as a prerequisite for performing a certain profession or activity in a foreign country where they reside may regain Croatian citizenship provided that they reside in the Republic of Croatia with a valid residence permit, respect the legal order of the Republic of Croatia, have settled their due public obligations, and there are no security obstacles to their acquisition of Croatian citizenship.
HOW IS BELONGING TO THE CROATIAN PEOPLE DETERMINED?
A member of the Croatian people who does not have a residence in the Republic of Croatia can acquire Croatian citizenship if they fulfill the requirement of respecting the legal order of the Republic of Croatia, have settled their outstanding public dues, and there are no security obstacles to their acquisition of Croatian citizenship.
Belonging to the Croatian people is determined by previous declaration of such affiliation in legal transactions, stating such affiliation in certain public documents, protecting the rights and promoting the interests of the Croatian people, and actively participating in Croatian cultural, scientific and sports associations abroad. Exceptionally, a person whose parents' affiliation to the Croatian people is undisputed does not need to provide evidence of their belonging to the Croatian people.
HOW DOES CROATIAN CITIZENSHIP CEASE?
Croatian citizenship ceases: 1. by release, 2. by renunciation, and 3. by international agreements.
Release from Croatian citizenship can be granted to a person who has applied for release and meets these prerequisites: 1. that they have reached the age of 18; 2. that there are no obstacles regarding military obligations; 3. that they have settled due taxes, fees, and other public payments and obligations to legal and natural persons in the Republic of Croatia for which there is an enforceable title; 4. that they have legally arranged property obligations arising from marital and parent-child relationships with Croatian citizens and with persons who remain living in the Republic of Croatia; 5. that they have foreign citizenship or have proven that they will be accepted into foreign citizenship.
A person against whom a criminal proceeding is being conducted in the Republic of Croatia for an offense prosecuted ex officio, or who has been sentenced to imprisonment in the Republic of Croatia until serving that sentence, cannot obtain release from Croatian citizenship.
The decision on release from Croatian citizenship will be revoked at the request of the person who received the release if they have not acquired foreign citizenship within three years and have informed the diplomatic mission or consular office of the Republic of Croatia abroad or the competent body for issuing release decisions within the next three years.
A child's Croatian citizenship ceases by release until they reach the age of 18: 1. at the request of both parents whose Croatian citizenship ceased by release, or 2. if Croatian citizenship has ceased in the manner specified in item 1 of this paragraph by one parent, and the other parent is a foreign citizen, or 3. if Croatian citizenship has ceased in the manner specified in item 1 of this paragraph by one parent, and the other parent who is a Croatian citizen has given written consent to release the child from Croatian citizenship. A child adopted by foreign citizens under the age of 18 will be released from Croatian citizenship at the request of the adoptive parent.
Croatian citizenship ceases by release on the day the decision on release from Croatian citizenship is delivered.
An adult Croatian citizen who has a residence abroad and foreign citizenship may renounce Croatian citizenship. A person who has renounced Croatian citizenship as an adult cannot regain Croatian citizenship.
A child's Croatian citizenship ceases by renunciation until they reach the age of 18: 1. at the request of parents whose Croatian citizenship has ceased by renunciation, or 2. if Croatian citizenship has ceased in this way by one parent, and the other parent is a foreign citizen. A child adopted by foreign citizens under the age of 18 will cease to have Croatian citizenship by renunciation at the request of the adoptive parent.
A person whose Croatian citizenship has ceased by renunciation as a minor regains Croatian citizenship if they have lived continuously in the Republic of Croatia for at least one year after turning 18.
A person who lost their Croatian citizenship as a minor due to renunciation can regain Croatian citizenship if they have resided continuously in the territory of the Republic of Croatia for at least one year and provide a written statement declaring themselves to be Croatian citizens.
Croatian citizenship ceases on the day the statement renouncing Croatian citizenship is given.
WHAT IS A SOLEMN OATH?
Upon receipt of Croatian citizenship, the person makes a solemn oath whose text reads: "I swear with my honor that as a Croatian citizen I will abide by the Constitution and the law and respect the legal order, culture and customs in the Republic of Croatia. "
The Ordinance on the manner and procedure for giving solemn oath is adopted by the Minister of the Interior Ministry as the head of the body, and the text of the Ordinance from October 2021 (OG 108/2021) is currently in force. The Ordinance stipulates that the oath is given only by an adult, and it is organized at least once a year, as a rule, on holidays and memorials of the Republic of Croatia. The solemn oath is given in an appropriate space with prominent symbols of the Republic of Croatia (coat of arms and flag).
A person who has been admitted to Croatian citizenship will be invoked personally for the purpose of taking a solemn oath by mail, e-mail or the website of the Ministry of the Interior, or the competent diplomatic mission or consular office of the Republic of Croatia abroad, while a formal oath may be given when taking over the decision on receipt into Croatian citizenship, with the competent authority in the Republic of Croatia or in the abroad, if there are justified reasons for this (e.g. high age, health status, long distance between the place of residence and the place of solemn oath, etc.).
A person who receives a decision on admission to Croatian citizenship in the Republic of Croatia shall be given a solemn oath at the police administration, i.e. at the police station or in another appropriate premises. The oath ceremony is conducted by a state official or an official of the Ministry of who is authorized to do so by the Minister of the Interior. At the beginning of the ceremony, the anthem of the Republic of Croatia is performed and the introductory speaker introduces the person to the importance of acquiring Croatian citizenship and the rights and duties of a Croatian citizen, while the text of the oath is personally pronounced by the person who has been admitted to Croatian citizenship and finally signed an oath by the person who takes the oath and certifies it is the head of the ceremony.
A person who receives a decision on the admission to Croatian citizenship abroad, is given a solemn oath at a diplomatic mission or consular office of the Republic of Croatia or in another premises used for official purposes. At the same time, the head of the diplomatic mission or consular office of the Republic of Croatia or his deputy shall take the oath of office in Croatian.
In conclusion, prior to taking the oath, the Ministry of the Interior issues a positive decision on the admission of a person into Croatian citizenship and becomes a Croatian citizen on the day of receiving a positive decision, and not an oath, which is only a solemn act celebrating previously acquired Croatian citizenship.
WHAT DOCUMENT SERVES AS PROOF OF CROATIAN CITIZENSHIP?
Croatian citizenship is proven by a valid ID card, military ID, or passport, and if a person does not have any of these documents, Croatian citizenship is proven by a certificate of citizenship issued by the local registry office based on the citizenship register.
WHAT IS THE "POWER" OF THE CROATIAN PASSPORT?
According to a report by the London-based consulting and research company Henley & Partners on global citizenship and residence for the first quarter of 2023, which measures "passport power," Croatia ranks 18th among countries worldwide, with the main criterion for ranking being freedom of global travel or the number of countries that passport holders can visit without a visa. According to the report, Croatian citizens can "freely" enter 174 countries without a visa.
More at: https://www.henleyglobal.com/passport-index/ranking
Published by: Anja Juršetić, Attorney-at-Law/Partner
Published on April 1, 2023