In recent days, one of the key legal developments in Croatia has been the adoption of amendments to the Foreigners Act. The Croatian Parliament has amended the existing Foreigners Act (Official Gazette Nos. 133/20, 114/22, and 151/22), following a proposal submitted by the Government of the Republic of Croatia last year. The revised Act entered into force on 15 March 2025 (hereinafter: the Act).
The amendments primarily aim to improve the management of residence and employment of third-country nationals in Croatia and to align national legislation with EU law—particularly Directive (EU) 2021/1883 of the European Parliament and of the Council, which governs the admission and residence conditions for highly qualified workers (the so-called EU Blue Card). The Act also introduces stricter criteria for employers hiring foreign workers, in response to the continuous rise in the number of third-country nationals working and residing in Croatia.
CHANGES IN PART ONE OF THE ACT: GENERAL PROVISIONS
Enhanced alignment with the acquis communautaire of the European Union
Article 2 of the Act includes an expanded list of EU directives and regulations transposed into national legislation, including newer acts such as:
Directive (EU) 2021/1883 of the European Parliament and of the Council of 20 October 2021 on the conditions of entry and residence of third-country nationals for the purpose of highly qualified employment and repealing Council Directive 2009/50/EC (OJ L 382, 28.10.2021).
Council Regulation (EC) No. 1683/95 of 29 May 1995 laying down a uniform format for visas (OJ L 164, 14.7.1995), as last amended by Regulation (EU) 2023/2685 of the European Parliament and of the Council of 22 November 2023 amending Council Regulation (EC) No. 1683/95 as regards the digitalisation of the visa procedure (OJ L, 2023/2685, 7.12.2023).
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); (OJ L 243, 15.9.2009), as last amended by Regulation (EU) 2023/2667 of the European Parliament and of the Council of 22 November 2023 amending Regulations (EC) No. 767/2008, (EC) No. 810/2009 and (EU) 2017/2226 of the European Parliament and of the Council, Council Regulations (EC) No. 693/2003 and (EC) No. 694/2003 and the Convention implementing the Schengen Agreement as regards the digitalisation of the visa procedure (OJ L, 2023/2667, 7.12.2023).
Regulation (EU) 2024/1717 of the European Parliament and of the Council of 13 June 2024 amending Regulation (EU) 2016/399 on the Union Code on the rules governing the movement of persons across borders (OJ L, 2024/1717, 20.6.2024; hereinafter: Regulation (EU) 2024/1717).
New and expanded glossary of terms
Article 3 of the Act introduces a broader and more modern glossary of terms, including definitions that had not previously been covered by the Act, such as:
Residence permit – now defined as a biometric document issued by the Ministry of the Interior (hereinafter: the Ministry) through the competent police administration or police station to a third-country national with approved temporary, long-term, or permanent residence, enabling them to enter the Republic of Croatia, reside in the Republic of Croatia for the stated purpose, and work in accordance with the provisions of this Act.
EU Blue Card – now defined as a residence and work permit issued for highly qualified employment in the form of a biometric residence permit, in which the note "EU Blue Card" is entered in the type of permit section, entitling the holder to entry, re-entry, stay, and work in the Republic of Croatia, as well as rights under the conditions of the Act. Employment of a highly qualified worker for the purpose of issuing an EU Blue Card is defined as the employment of a third-country national as a worker under the general labour law, for the purpose of performing actual and specific work for another person or under their supervision, for which they are paid and possess the required high professional qualifications. These qualifications, for the purpose of issuing an EU Blue Card, include evidence of higher education qualifications or high-level professional skills. Higher education qualifications must be certified by a diploma, certificate, or other evidence of formal qualifications issued by a body recognized as a higher education institution in the home country, confirming successful completion of higher education lasting at least three years and corresponding to at least level 6 of the ISCED 2011 or, where applicable, level 6 of the EQF, in accordance with special regulations.
Domestic flight – now defined as a specific term, referring to any flight exclusively to or from the territories of Member States, not landing in a third country.
Seafarer – now clearly defined as a third-country national who is employed, taken into service, or works in any capacity on a seagoing vessel.
Regulated profession – defined as a regulated profession under the legislation governing regulated professions in the Republic of Croatia.
Unregulated profession – defined as a profession not governed by the legislation regulating regulated professions in the Republic of Croatia.
The glossary now includes 48 defined terms, providing greater clarity for authorities applying the law and for foreign nationals seeking to integrate into the Croatian system.
New articles on EU notification and competent authorities
New Articles 3.a and 3.b of the Act introduce the obligation to notify EU institutions about the implementation of key regulations and define the authorities that have access to the ETIAS and EES systems – further ensuring operational coordination between Croatian and European institutions in the area of security and migration.
CHANGES IN PART TWO OF THE ACT: TRAVEL DOCUMENTS
Regulation of personal data processing in ETIAS and EES
In line with the strengthening of digital border control within the European Union, the new Foreigners Act introduces precise provisions for managing personal data in two key IT systems – ETIAS (European Travel Information and Authorisation System) and EES (Entry/Exit System).
Key points of the new legal provision:
If a foreigner does not meet the conditions for the correction or deletion of data in ETIAS, the Ministry of the Interior shall issue a decision rejecting the request.
The same applies to data in the EES, with additional options such as requests for supplementation and restriction of processing.
No appeal is allowed against such decisions, but an administrative dispute may be initiated before the competent court.
The Minister of the Interior shall prescribe, by ordinance, the templates and content of decisions rejecting requests for correction or deletion of personal data stored in the ETIAS.
The same applies to decisions concerning data stored in the EES.
CHANGES IN PART THREE OF THE ACT: VISAS
Enhanced role of the Croatian Visa Information System (HVIS)
The Act further regulates the storage and processing of data in the HVIS. It is now clearly stated that all data on applications, including withdrawals or suspensions of procedures, must be entered into HVIS in accordance with a specific regulation. All data on issued, refused, extended, annulled, and revoked visas are also entered into HVIS.
Biometric data
Article 22 of the Act reaffirms the obligation to collect biometric data (fingerprints, photograph) from all third-country nationals applying for a short-term visa, in accordance with the Visa Code and the VIS Regulation.
Extension of short-term visas
Article 31 has been significantly expanded, now clearly specifying the rights of foreigners during the procedure (possibility of appeal, obligation to consult the Ministry and the Security Intelligence Agency before making a decision, and entry of decisions into HVIS). A novelty is the right to appeal a decision rejecting a visa extension request (Art. 31 paras. 6–8), which was not previously explicitly provided.
Appeals now possible for initial refusals
Article 32 of the Act introduces the possibility to appeal the refusal of an application for an airport transit or short-term visa, representing a step forward in strengthening the legal protection of foreigners.
Clarification on who may issue a visa at the border
Article 26 clearly stipulates that a visa for a short stay may be issued by the police station responsible for controlling the external border crossing, but only in cases referred to in Articles 35 and 36 of the Visa Code.
Role of external service providers
A new Article 37.a allows the involvement of external service providers in collecting applications and biometric data for long-term visas, further expanding the scope for digitalisation and cooperation with the private sector.
CHANGES IN PART FOUR OF THE ACT: ENTRY AND EXIT OF THIRD-COUNTRY NATIONALS
Increased responsibility of carriers and stricter rules for foreign nationals entering the country
In line with the alignment with the EU’s security standards, the new Foreigners Act introduces clearer and stricter provisions regarding the obligations of carriers bringing third-country nationals to the Republic of Croatia. Article 52 now clearly outlines the carrier’s responsibilities in cases where foreign nationals do not meet the conditions for entry or stay, as well as technical obligations related to digital checks via the ETIAS system.
Key carrier obligations:
Entry under conditions – The carrier may bring a third-country national to Croatia only if the person possesses:
a valid travel document,
a visa (if required),
a residence permit or
a valid travel authorisation (ETIAS), if applicable.
Refused entry – If a person is refused entry at the border:
the carrier must immediately and at its own expense organise their return,
if this is not possible immediately, the carrier must cover the costs of accommodation and stay until return.
Domestic flights – If a person on a domestic flight (from the Schengen Area) does not meet the conditions for stay, the carrier bears the same return responsibility.
Persons seeking international protection – If international protection is later denied or revoked, the carrier that brought the person must ensure their departure from Croatia within three years.
Transit passengers – Carrier responsibility also applies in transit cases, if:
another carrier refuses to transport the person further,
the person is denied entry into the destination country.
Maritime transport – Obligations also apply to captains of vessels used for sport or leisure, except for the ETIAS check (paragraph 7).
Mandatory ETIAS check – The carrier must verify in the ETIAS system whether a visa-exempt traveller holds a valid travel authorisation prior to boarding.
Return order – In all cases described (paras. 2, 3, and 4), the Ministry of the Interior issues an official return order, the format of which is prescribed by the Minister via ordinance.
Related provision: Prohibition of assisting illegal entry and stay (Art. 53)
The Act also includes a clear prohibition of:
assisting or attempting to assist third-country nationals in illegal border crossing, transit, or stay.
Exemptions from this prohibition include:
assistance in emergencies (saving lives, medical aid),
provision of humanitarian aid under relevant laws and international conventions,
assistance under Articles 197 and 198 of the Act (pertaining to international protection),
assistance provided for purely humanitarian reasons, without the intention to obstruct or delay return measures.
The new Act emphasises the digital processing and tracking of visa data through HVIS, enhances legal certainty for foreigners through clearer appeal procedures, and simplifies the system by eliminating a number of redundant provisions. With these changes, the Republic of Croatia further aligns with European regulations and standards in the field of migration and border control.
LEGAL SOURCE:
- Foreigners Act ("Official Gazette" Nos. 133/20, 114/22, 151/22, 40/25)
Anja Juršetić Šepčević, managing director
LAW FIRM JURŠETIĆ & ALEKSOVSKI Ltd