emn focussed study 2015 changes in immigration … · it also briefly aims to suggest the main...

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EMN FOCUSSED STUDY 2015

Changes in immigration status and purpose of stay:

an overview of EU Member States approaches

Top-line “Factsheet” (National Contribution)

Overview of the National Contribution – introducing the study and drawing out key facts and figures from across all

sections of the Focussed Study, with a particular emphasis on elements that will be of relevance to (national)

policymakers.

Section 1: Overview of national migration system in place regarding changes of status

This section aims to provide a general overview of the (Member) State national migration system in relation to

status changes for third-country nationals from within the territory of the Member State. It aims to provide a brief

overview of the debates (being) held in the (Member) States on necessities and possibilities of migration status

changes and what policy changes are considered. It also briefly aims to suggest the main drivers/reasons behind

changes of status being promoted that can take place from within the territory of the (Member) State (without the

third-country nationals being required to leave the (Member) State’s territory).

EMN NCPs are asked to fill in the following box.

In Croatia switching grounds for residing in the country is possible between all categories under Foreigners Act

(Official Gazette no. 130/2011, 74/2013). For instance, a person residing in the Republic of Croatia with a

residence permit issued for the purpose of family reunification, when applying for extending of temporary

residence, can before the rendering of the first instance decision, change their purpose of stay into any other

purpose (education, research, blue card, employee, self-employed, business owner, seasonal worker, ICT,

investor, victim of trafficking). The requirements for issuing a residence permit under “new, switched” grounds

are the same as when a first residence permit was applied for on the same grounds.

Also, a person granted residence permit under Foreigners Act, can lodge an application for international

protection.

However, applicants for international protection do not have the right to lodge an application for approval of stay

pursuant to the provisions of the Foreigners Act. Asylees and foreigners under subsidiary protection do not have

the right to lodge an application for approval of temporary or autonomous stay pursuant to the provisions of the

Foreigners Act.

Croatian Foreigners Act does not define the change of status however Croatian General Procedure Administrative

Procedure Act makes it feasible. An application for the extension of residence can be modified and submitted to

the Police Administration or Police Station.

i. General overview of national migration system in relation to status changes:

Croatian Foreigners Act does not define the “change of status” nor does prescribe the conditions for this change.

Croatian General Administrative Procedure Act prescribes that before the rendering of the first instance decision

in the administrative matter a party may amend his/her application or file another one, when such applications

are based on the same or essentially similar facts. Therefore, TCNs issued with a temporary residence or a

residence and work permit, when applying for the extension of the permit can, before the rendering of the first

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Section 2: Overview of admission criteria

This section aims to provide an overview of the initial admission criteria or the criteria for issuing a particular

authorisation to stay/residence permit applied by Member States in order admit all categories covered by the scope

of the study. It also investigates the rights attached to each status as well as the requirements incumbent on the

applicant.

This section will also include an overview of the current EU legal framework and the existing provisions relevant to

the scope of the Study. This part will be elaborated by the EMN Service Provider.

EMN NCPs are asked to answer the following questions, at times guided by a non-exhaustive list of prompts of pre-

defined tables.

Q1. How does the national legislation of your (Member) State define the categories of third-country nationals covered by this study? Please complete the table below by listing also the admission criteria for each category listed.

EMN NCPs are asked to use the pre-compiled box marked ‘example’ as reference.

Category National definition Admission criteria

Example

Provide the national definition.

EMN NCPs are asked to briefly provide the definition under their national legislation in order to clearly understand who is admitted under such category. No detailed information on legal basis are necessary.

List criteria required for the admission.

EMN NCPs are asked to provide a complete list of all criteria a third-country national has to meet in order to be admitted under this specific category.

Family

According to the provisions of the Foreigners Act, residence permits issued on the basis of family ties (family member of foreigner granted permanent/temporary residence or granted protection pursuant to provisions of International and Temporary Protection Act) can be issued to:

1. spouses,

2. common law partners,

3. minor children of married couples and common law partners, their minor adopted children and minor children of each of them, who have not formed families of their own,

4. parents or adopted parents of

Temporary residence for the purpose of family reunification may be granted to a foreigner who meets conditions referred to in Article 54 of Foreigners Act (general requirements for approval of temporary residence):

1. justifies the purpose of temporary residence,

2. holds a valid travel document,

3. has means of supporting himself;

4. has health insurance,

5. his entry and residence in the Republic of Croatia is not prohibited,

6. does not pose a danger for public order, national security or public health.

A member of the nuclear family of a person who was granted protection under provisions of the International and Temporary Protection Act shall not be obliged to meet the criteria concerning the means of supporting

and health insurance for the approval of temporary residence for the

instance decision in the administrative matter, amend his/her application or file another one, changing their

purpose of stay.

ii. Brief overview of national debate in the Member State

N/A

iii. Main drivers / reasons behind changes of status promoted by legislators

N/A

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minor children.

Exceptionally, any other relative may also be regarded as a member of the nuclear family of a foreigner granted temporary or permanent residence and a foreigner granted asylee status, if there are special personal reasons or serious humanitarian grounds for the family reunification in the Republic of Croatia.

Exceptionally, a member of the nuclear family of a foreigner residing in the Republic of Croatia on the basis of the valid residence and work permit issued for the period of one year in accordance with annual quota set for employment of foreigners, may be granted temporary residence for the purpose of family reunification, only if a foreigner with whom reunification is requested in the Republic of Croatia has already been granted temporary residence for at least 2 years.

Temporary residence for the purpose of family reunification shall not be granted to a family member of a foreigner who has been granted temporary residence and work

permit for the purpose of seasonal work.

In the event of a polygamous marriage, family reunification at the

territory of the Republic of Croatia shall be permitted to only one spouse.

Family reunification shall not be authorized if a spouse or a common law partner is married or is in a long-lasting relation with another person.

Within the meaning of Foreigners Act, the common law marriage means the union of life of an unmarried woman and unmarried man of at least three years in duration or shorter if a child was born into such a union.

purpose of family reunification.

Education

Temporary residence for the purpose of studies shall be granted to a foreigner meeting the conditions laid down by Foreigners Act and provided that he/she

1. is studying at a higher education institution of the Republic of Croatia,

2. is arriving under the exchange of students, i.e. mobility of young persons, or 3. is arriving for the purpose of internships through the authorized institution or following

Temporary residence for the purpose of studies may be granted to a foreigner who meets general conditions for approval of temporary residence:






6. does not pose a danger for public order, national security or public health, and provided that he/she is: 1. is studying at a higher education institution of the Republic of Croatia, 2. is arriving under the exchange

of students, i.e. mobility of young persons, or 3. is arriving for the purpose of internships through the authorized institution or following

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international or inter-university agreements.

international or inter-university agreements.

Research

Temporary residence for the purpose of scientific research shall be granted to a foreigner if he has concluded a visiting contract and meets the conditions referred to in Foreigners Act, excerpt for the condition referring to health insurance.

A foreigner who has concluded a visiting contract in the EEA Member State and based on which he was granted residence in the state concerned, may, in order to conduct his research, reside in the Republic of Croatia for a period of up to three months without a residence and work permit or a work registration certificate, provided that he has funds to support himself and does not represent a danger for public order, national security and public health.

A foreigner who has concluded a visiting contract in the other EEA Member State, based on which he was granted residence in the state concerned, and if he wants to work

in the Republic of Croatia for the period longer that three months for the purpose of conducting his research, shall be obliged to regulate temporary residence for the purpose of scientific research.

Temporary residence for the purpose of scientific research shall be granted to a foreigner if he has concluded a visiting contract and meets general conditions:






Blue card

A residence and work permit shall be granted to a highly qualified third-country national who, along with meeting the general requirements referred to in Foreigners Act, encloses the following:

1. an employment contract or other relevant contract for the performance of highly qualified jobs, in the duration of one year at least,

2. proof of university education or completed undergraduate or graduate university studies or an integrated undergraduate and graduate university study or specialized graduate occupational study.

A residence and work permit shall be granted to a third-country national who, along with meeting the general requirements referred to in Foreigners Act:






6. does not pose a danger for public order, national security or public

health, encloses the following:

1. an employment contract or other relevant contract for the performance of highly qualified jobs, in the duration of one year at least,

2. proof of university education or completed undergraduate or graduate university studies or an integrated undergraduate and graduate university study or specialized graduate occupational study.

The enclosed employment contract or other relevant contract must indicate the gross annual salary which may not be less than 1.5 of the average gross annual salary paid in the branch in which a third-country national is to be employed, following the official data published by the competent statistical body.

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Highly qualified workers

No definition -

Employee

No definition in Foreigners Act, but there are several different types of residence and work permit that can be issued to a TCN for working in the Republic of Croatia (e.g. residence and work permit further to the annual quota for employment of foreigners, outside annual quota 1. daily migrant workers, under

reciprocity condition, 2. key personnel, service providers, workers and their family members, whose status is regulated by the Stabilization and Association Agreement between the European Communities and their Member States and the Republic of Croatia, 3. foreigners holding key positions in companies, branch offices and representative offices, 4. foreigners transferred as part of internal staff relocation inside companies and other necessary persons, as defined by the Protocol on the Accession of the Republic of Croatia to the Marrakesh Agreement Establishing the World Trade Organization, 5. a foreigner, self-employed in his own company or in a company in which he holds a share exceeding 51% or in their own craft (see self-employed) 6. a worker providing services on behalf or in the name of a foreign employer, who is not entitled to business settlement in the member state of the EEA, 7. teachers and lecturers at educational institutions in the language and script of a national minority, 8. professional athletes or sport workers working in the Republic of Croatia, 9. artists working in cultural institutions in the Republic of Croatia, 10. foreigners employed in foreign associations registered as foreign associations in the Republic of Croatia and in at least three other states, 11. foreigners who are members of

the trust bodies of the representative offices of foreign trusts and foundations registered in the Register of the Representative Offices of Foreign Trusts and Foundations in the Republic of Croatia,

The residence and work permit further to the annual quota shall be granted to a foreigner who meets the general criteria (referred to in Article 54 of Foreigners Act):






6. does not pose a danger for public order, national security or public health, and encloses the following, and who encloses the following:

1. an employment contract or a written certificate of the concluded employment contract or other relevant proof of employment, 2. proof of the educational qualification acquired and the skills of the foreigner, 3. proof of the registration of a company, branch office, representative office, craft, association or institution in the Republic of Croatia.

The residence and work permit outside the annual quota shall be granted to a foreigner who meets the general criteria (referred to in Article 54 of Foreigners Act):






6. does not pose a danger for public order, national security or public health, and encloses the following, and encloses the following:

1. an employment contract or a written certificate on the concluded employment contract or other relevant contract,

2. proof of the educational qualification acquired and the skills of the foreigner, 3. proof of the registration of a company, branch office, representative office, craft, association or institution in the Republic of Croatia, 4. an explanation why the employment of the foreigner is justified, including information on his professional knowledge, qualification and working experience and reasons why the position cannot be fulfilled from the Croatian national labour market. For some cases it is not necessary to enclose an explanation of the justifiability of employment of a foreigner, and in some cases it is not necessary to enclose proof of the educational qualification acquired and the skills of the foreigner (e.g. foreigners holding key positions in companies)

A residence and work permit may be issued to a foreigner holding key positions in companies, branch offices and representative offices, if he meets the criteria referred to above (criteria concerning residence and work permit outside annual quota) and meets additional criteria: 1. that value of share capital of the company, i.e. assets of the limited liability partnership or general partnership exceeds the amount of HRK 100.000,00, 2. at least three Croatian nationals are employed in the company, the branch office or representative office of a foreign company on jobs other than the procurator, member of the management board or supervisory board, and 3. his gross salary corresponds, at least, to the amount of an average gross salary paid in the Republic of Croatia in the previous year, following the official data of the competent statistical body.

If there are several foreigners performing key activities for the same employer, a residence and work permit may be issued provided that:

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12. foreigners working under youth mobility programmes, carried out by the Republic of Croatia in cooperation with other states, 13. scientists and foreigners employed in scientific legal entities to perform scientific work, teaching or other research positions, 14.university professors-native speakers of foreign languages, foreign language instructors and other lecturers at the Croatian universities or registered schools for foreign languages, 15. foreigners working pursuant to an international treaty, other than the treaty referred to in Article 79, Paragraph 1, Point 2 of this Act.

Foreigner holding key activities in a company, branch office or representative office of a foreign company shall be considered:

1. a person having a higher rank in a company, branch office or representative office, person managing business activities, person under the general supervision or management of the management board or shareholders or members of the company and a person carrying out some identical activity, including:

- managing work of the company's divisions or subdivisions;

- monitoring and supervision of the work of other employees, i.e. carrying out of supervisory or managerial tasks,

- authorization to employ and dismiss workers and to give recommendations related to employment, dismissal or other personnel related tasks,

2. a person working in a company, branch office or representative office who possesses special professional knowledge and/or powers indispensable for providing services, using research equipment, applying technology or carrying out the business operations of a company, branch office or representative office.

Also, a residence and work permit outside annual quota can be issued to the next category of foreigners: 1. scientists on scientific and professional specialization, scientists-representatives of international organizations and

1. for each foreigner employed, there are at least five Croatian nationals employed on jobs other than procurator, member of the management board or member of the supervisory board, 2. value of share capital of the company, i.e. assets of the limited liability partnership or general partnership exceeds the amount of HRK 100.000,00, and 3. their gross salaries correspond, at least, to the amount of an average gross salary paid in the Republic of Croatia in the previous year, following the official data of the competent statistical body.

A residence and work permit may be issued to the foreigner-worker providing services on behalf or in the name of a foreign employer, who is not entitled to business settlement in the member state of EEA, provided that he meets the conditions referred to above (criteria concerning residence and work permit outside annual quota), and provided that the service provider is employed with a foreign employer and has adequate qualifications, and that the foreign employer concluded a contract with a company or craft in the Republic of Croatia. The services concerned should involve specific high technology services and provision of such services should be of

particular interest for the Republic of Croatia.

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scientists who are to participate in the implementation of scientific projects important for the Republic of Croatia,

2. administrative staff, experts,

teachers and lecturers of foreign cultural, educational and scientific institutions performing a job in the Republic of Croatia as part of a cultural and educational cooperation program, and administrative staff, experts, teachers and lecturers of foreign cultural, educational and scientific institutions having their branch offices in the Republic of Croatia, provided that they originate from the home institution,

3. civilian and military officials of the governments of other states arriving to the Republic of Croatia to work further to a cooperation agreement with the Government of the Republic

of Croatia,

4. foreign correspondents, accredited in the Republic of Croatia or foreign media reporters,

5. representatives and the staff of religious communities performing jobs exclusively related to religious or charitable service,

6. foreigners arriving, through Croatian associations or institutions, as volunteers to working camps or to work on similar working and education programs, or students arriving to perform internship in Diplomatic Missions and Consular Offices accredited in the Republic of Croatia,

7. volunteers working without pay in non-profit associations and institutions in the Republic of Croatia in accordance with special regulations or based on international exchange and volunteer cooperation programs,

8. foreigners arriving to the Republic of Croatia to as interns of companies, branch offices or representative offices owned by foreign companies, provided that the foreigners arrive from the registered office of such a company or from its representative office or branch office in some other state,

9. foreigners performing supervision and inspection of overhaul and shipbuilding and foreigners performing supervision or inspection of the production and installation of

For this category of foreigners, a residence and work permit can be issued if the intend to reside and work in the Republic of Croatia for longer than 90 days, fulfill the next conditions:






6. does not pose a danger for public order, national security or public health, and encloses the following, and enclose proof on performing business and duration of such a business in the Republic of Croatia.

Exceptionally, foreigner referred in point 11, shall not be obliged to submit proof of health insurance, except when the program rules regulate differently.

Also, foreigners referred to in point 7, have to be between 18 and 65 years and have to conclude a contract on volunteering in conformity with special regulations on volunteerism. An organization at which a foreigner shall work as a volunteer must assume full responsibility for a foreigner during his volunteering, including living expenses, accommodation, food, health insurance and return.

Also, foreigners referred to in point 13, have to enclose proof on internship to be conducted with legal entity or physical person, institution or association, recognized by a competent body for activity of internship.

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equipment, machinery and other facilities under an export or order contract of a foreign client,

10. foreigners working on foreign vessels and are registered as crew members,

11. foreigners carrying out professional practice, training or volunteer work within the Community Programs, Lifelong Learning, Youth in Action, other international programs and other programs and initiatives carried out by the body competent for education and science and the body competent for volunteerism,

12. experts in the area of cultural heritage protection, library and

archives science,

13. foreigners carrying out professional training or education of workers employed by the legal entities and physical persons in the Republic of Croatia.

Self-employed

. A residence and work permit outside the annual quota may be issued to a foreigner, self-employed in his own company or in a company in which he holds a share exceeding 51% or in their own craft.

A residence and work permit may be issued to a foreigner self-employed in his own company or in a company in which he holds a share exceeding 51% or in their own craft, if he meets the next conditions: :






6. does not pose a danger for public order, national security or public health, and encloses the following, and who encloses the following, and who encloses the following:

1. an employment contract or a written certificate on the concluded employment contract or other relevant contract (not for craft-owner), 2. proof of the registration of a company, branch office, representative office, craft, association or institution in the Republic of Croatia, and provided that: 1. he invested at least HRK 200.000,00 in the establishment of a company or craft,

2. at least three Croatian nationals have been employed,

3. his gross salary corresponds, at least to the amount of an average gross salary paid in the Republic of Croatia in the previous year, following the official data of the competent statistical body, if it concerns a foreigner, self-employed in his own company or in a company where he holds an ownership of share exceeding 51 %, while a foreigner, self-employed in his own craft business shall be obliged to prove the same amount of income, realized through such an employment,

4. the company or craft runs a business without losses,

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5. he encloses proof of the settled tax obligations and contributions in the Republic of Croatia.

Exceptionally foreigner applying for first residence and work permit in a newly established craft, have to provide the following: proof that the business has been registered in the Register of Crafts and Trades, and the proof of having met the requirements of investment in tangible and intangible assets in the amount of HRK 200,000. Once the first stay and work permit outside the annual quota has been issued, an alien has to submit to the competent police administration or a police station, no later than 6 months, a sole trader licence or a decision on registering the first day of work of his/her business and copies of contracts of employment and health and pension insurance registration for at least 3 Croatian nationals.

Business owner See the definition above for self-employed foreigner

Seasonal worker

Residence and work permit can be issued further to the annual quota for employment of foreigners, if a quota for seasonal employment is determined.

If the annual quota for seasonal employment is determined, the residence and work permit further to the annual quota can be granted to a foreigner who meets the following criteria:






6. does not pose a danger for public order, national security or public

health, and encloses the following, and who encloses the following, and who encloses the following: 1. an employment contract or a written certificate of the concluded employment contract or other relevant proof of employment, 2. proof of the educational qualification acquired and the skills of the foreigner, 3. proof of the registration of a company, branch office, representative office, craft, association or institution in the Republic of Croatia.

A foreigner to whom a residence and work permit was issued for the performance of seasonal work may reside in the Republic of Croatia for at most six months in the course of one year, and he must reside outside the Republic of Croatia for at least six months before re-entering and residing in the Republic of Croatia for the purpose of work is made possible to him.

ICT

Residence and work permit outside the annual quota may be issued to foreigners transferred as part of internal staff relocation inside companies and other necessary persons, as defined by the Protocol on the Accession of the Republic of Croatia to the Marrakesh Agreement Establishing the World Trade Organization.

Residence and work permit can be granted to a foreigner who meets the following criteria:






6. does not pose a danger for public order, national security or public health, and encloses the following, and who encloses the following: 1. an employment contract or a written certificate on the concluded employment contract or other relevant contract, 2. proof of the registration of a company, branch office, representative office, craft, association or institution in the Republic of Croatia. Residence and work permit shall be issued with the term of validity of up to two years, provided that the shorter time period for issuance of a residence and work permit was not requested.

Investor A residence and work permit outside the annual quota may be granted to

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the foreigner who meets the general criteria (referred to in Article 54 of above said Act), and who: 1. performs key activities in a company, or who holds an ownership of share in such a company of at least 51%, and a company is: - a holder of incentive measures in accordance with a regulation on investment promotion, or, - carries out strategic investment projects in conformity with regulation on strategic investment projects of the Republic of Croatia. For definition of key activities see the definition in the employee

section.

A Residence and work permit outside the annual quota may be granted to the foreigner who meets the criteria referred to in Article 54 of this Act: 1. justifies the purpose of temporary residence,





6. does not pose a danger for public order, national security or public health, and who: 1. performs key activities in a company, or who holds an ownership of share in such a company of at least 51%, and a company is: - a holder of incentive measures in accordance with a regulation on investment promotion, or, - carries out strategic investment projects in conformity with regulation on strategic investment projects of the Republic of Croatia,

The Police Administration or Police Station shall be obliged to decide on a request for the issuance of residence and work permit to the foreigner referred to in this Article within 30 days of submission of the application.

D-type visa holder

No

Asylum seeker

Third-country nationals or stateless persons who express the intention

to apply for international protection up until the final decision on the application. Exceptionally, an applicant may also be a national of a European Union member state when this is prescribed by the provisions of Protocol 24 to the Treaty of Lisbon.

Third-country nationals or stateless persons must express the intention to apply for international protection.

Victim of trafficking

Temporary residence under humanitarian grounds shall be granted to a foreigner if he, being a victim of trafficking in persons has accepted a program of assistance and protection.

Identification of the victim shall be made by the Ministry of Interior in cooperation with civil society organizations and, in the event of the victim who is under age, the Ministry of Interior shall cooperate with the Ministry competent for social welfare. The Operative team of the National Committee for the Suppression of Trafficking in Persons shall notify the Ministry that the victim accepted to participate in the assistance and protection program.

Temporary residence under humanitarian grounds shall be granted if foreigner: 1. justifies the purpose of temporary residence,




Other (please specify)

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Section 3: National legal framework on change of status whilst remaining on the

territory of the (Member) State

Section 3.1 aims to understand the changes of status permitted by the national legislation from one immigration

category to another in cases where the migrant is not compelled to return to their country of origin. It will focus on

the conditions to apply for such changes, while providing information on how the “switch” works in practice (i.e.

responsible bodies to process applications/take decisions, where to lodge applications, information available, etc.).

This section will also aim to understand whether and what facilitations are in place to ease changes of status (in

comparison with first time applicants) by i.e. lifting restrictions, reducing fees and time for application, document

requirements/certifications, etc. This part will also examine how a change of status impacts on the rights of a third-

country nationals and how (Member) States address the change in / loss of rights.

Finally, Section 3.2 will highlight whether such measures are driven by specific policy goals (i.e. addressing labour

shortages, retaining talents, tackling bottleneck occupations, etc.) and understand to what extent they have been

based on needs assessment, have been evaluated and the results are achieved

EMN NCPs are asked to answer the following questions, at times guided by a non-exhaustive list of prompts of pre-

defined tables.

Section 3.1: Legal possibilities to changes status from within the (Member) State

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Q2a. Does your (Member) State allow third-country nationals holding any of the immigration status within the scope of this study to change

into any of the other ones whilst remaining on the territory of the (Member) State? EMN NCPs are asked to fill in the table by using one of

the options provided in each cell (Yes/No). NB: if all changes are possible, please indicate using the following option: Yes to all

Into

From

Family Education Research Blue

cards

Highly

qualified

worker

Employee Self-

employed

Business

owner

Seasonal

worker

ICT Investor D-type

visa

holder

Asylum Victim of

trafficking

Other

(please

specify)

Family Yes Yes Yes Select: Yes Yes Yes Yes Yes Yes Select: Yes Yes Select:

Education Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Select: Yes Yes Select:

Research Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Select: Yes Yes Select:

Blue card Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Select: Yes Yes Select:

Highly

qualified

worker

Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Select: Yes Yes Select:

Employee Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Select: Yes Yes Select:

Self-

employed


Business

owner


Seasonal

worker


ICT Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Select: Yes Yes Select:

Investor Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Select: Yes Yes Select:

D-type visa

holder

Select: Select: Select: Select: Select: Select: Select: Select: Select: Select: Select: Select: Select: Select:

Asylum No No No No No No No No No No No No No No

Victim of

trafficking

Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Select: Yes Select:

Other

(please

specify)

Select: Select: Select: Select: Select: Select: Select: Select: Select: Select: Select: Select: Select: Choose:

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Q2b. If changes of status without leaving the territory of the (Member) State are allowed (Q2a), EMN NCPs are asked to fill in the table below by adding the requested information for each possible switch (and add as many rows as possible switches.).

EMN NCPs are asked to use the pre-compiled box marked ‘example’ as reference and add as many rows as necessary.

From Into Legal basis Policy / practice if no legal basis

Do criteria to switch differ from first time applicant?

Criteria for switch (if different from first time applicant)

Quota limitations

Example

List of category(ies) into which a TCN switches

Law, Decree, etc. Policy document. Yes / No List of criteria required for the switch(es) only if they differ from those listed in Section 1

Yes / No. If Yes, please report the threshold

All categories under Foreigners Act (family reunification, education, research, blue card, employee, self-employed, business owner, seasonal worker, ICT, investor, victim of trafficking)

All categories under Foreigners Act (family reunification, education, research, blue card, employee, self-employed, business owner, seasonal worker, ICT, investor, victim of trafficking)

General Administrative Procedure Act

No No

All categories under Foreigners Act (family reunification, education, research, blue card, employee, self-employed, business owner, seasonal worker, ICT, investor, victim of trafficking) can lodge an application for international protection.

No

Applicants for international protection do not have the right to lodge an application for approval of stay pursuant to the provisions of the Foreigners Act.

International and Temporary Protection Act

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Q2c. If any of the change of status provided in the tables above alters the level of rights of the third-country national concerned (enhanced or reduced),

please fill in the table below, providing a short overview / analysis of the specific situation in your (Member) State. If rights enjoyed are not subject to

changes, EMN NCPs are simply asked to enter “no change”.

General information about the rights of persons residing in the Republic of Croatia on different grounds pursuant to the Foreigner Act:

EMN NCPs are asked to use the pre-compiled box marked ’example’ as reference and add as many rows as possible switches.

From Into Employment Social security

Education Duration of stay

Legal assistance

Mobility Family reunification

Political rights

Other

Example1 Example Please choose

one as follows:

No change

Enhanced rights:

specify

Reduced rights:

specify

Please choose

one as follows:

No change

Enhanced

rights: specify

Reduced rights:

specify

Please choose

one as follows:

No change

Enhanced

rights: specify

Reduced rights:

specify

Please choose

one as follows:

No change

Enhanced

rights: specify

Reduced rights:

specify

Please choose

one as follows:

No change

Enhanced

rights: specify

Reduced rights:

specify

Please choose

one as follows:

No change

Enhanced

rights: specify

Reduced rights:

specify

Please choose

one as

follows:

No change

Enhanced

rights: specify

Reduced

rights: specify

Please choose

one as follows:

No change

Enhanced

rights: specify

Reduced

rights: specify

Please choose

one as follows:

No change

Enhanced

rights: specify

Reduced rights:

specify.

Select

Croatian Foreigners Act does not define the change of status however Croatian General Procedure Administrative Procedure Act makes it possible.

An application for the extension of residence can be modified and submitted to the Police Administration or Police Station.

Asylees and foreigners under subsidiary protection do not have the right to lodge an application for approval of temporary or autonomous stay

pursuant to the provisions of the Foreigners Act. Also, a person granted residence permit under Foreigners Act, can lodge an application for

international protection.

Furthermore,

Family Reunification visa: The foreigner granted temporary residence for the purpose of family reunification shall exercise their rights to education,

professional development, work and self-employment in accordance with the provisions of Foreigners Act.

Foreigners granted temporary residence for the purpose of family reunification with an asylee and a foreigner who was granted subsidiary or temporary

protection, or with a foreigner granted permanent stay may work in the Republic of Croatia without a residence and work permit or a work registration

certificate.

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Q3. If the criteria to change status from within the territory of the (Member) State allowed by your national system differ from those of first time applicants,

please list the procedural facilitations in place (in comparison with criteria for first time applicants listed in Section 1) by filling in the table below. EMN NCPs

are asked to use the pre-compiled box marked ‘example’ as reference (and add as many rows as possible switches).

From Into Procedural facilitations when compares with first time applicants from the country of origin

Example Example

Possibility to apply online Shortened processing time Shortened decision time Reduced fees Reduced documentary requirements Reduced prove of means to support Extended duration of residence permit Possibility to stay beyond the expiration of the previous residence permit (“tolerated status” for those who have applied before the permit expires)

Family Education

Select Select



Please add as many rows as necessary!

In the Republic of Croatia, the requirements for issuing a residence permit under “new, switched” grounds are the same as when a first residence permit was applied for on the

same grounds. Foreigner who submits an application for the extension of temporary residence before expiration of the valid temporary residence may remain in the Republic of

Croatia until the decision on his application becomes enforceable. This is general rule that also applies to situations in which a foreigner, when applying for the extension of the

temporary residence, in this procedure switches the purpose of stay before rendering of the first instance decision. In this case, foreigner can also remain in the Republic of

Croatia until the decision on his application becomes enforceable.

When applying for the (first) residence permit in accordance with Foreigners Act, a foreigner is obliged to submit an application for temporary residence to the competent

Diplomatic Mission or Consular Office of the Republic of Croatia, and only a defined category of foreigners can stay in the Republic of Croatia until the decision concerning their

application becomes enforceable.

Q4. What is/are the main actor(s) and institution(s) involved in the development of such measures? If multiple authorities are involved, how are they

coordinated?

Such measures and institutions are not defined yet.

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Q5. Do specific institutional communication channels (i.e. Migration Agencies’ websites) offer information on the possibility to change status?

Section 3.2: Aims of national policies to permit changes of status without leaving the territory of the (Member) State

Q6a. Have the measures in place in your Member State been driven by any specific policy goals (i.e. addressing labour shortages, reducing unemployment,

retaining talents, harnessing entrepreneurial skills of third-country nationals, tackling bottleneck occupations, general economic performance targets, etc.)?

Yes / no

Q6b. If yes, please explain the rationale behind their design/implementation, whether such decision were based on a needs assessment and if specific

indicators/target were identified.

In case a report/publication exists, please summarise the main findings here and include a reference to the assessment in an annex to your national report.

If no, please provide also any other evidence/indicator that may be available in your Member State in this regard (media reporting, media debates,

assessment by experts/academics, etc.).

Q7a. Have any evaluations or

studies in your Member State

considered the effectiveness of

national measures allowing third-country nationals to change status from within the territory of the (Member) State? Did the evaluations or studies

investigate how (Member) States have addressed the change in / loss of rights?

Yes / no

Q7b. If yes, please summarise the main findings here and include a reference to the evaluation or study in an annex to your national report. If no, please

provide also any other evidence/indicator that may be available in your (Member) State in this regard (media reporting, media debates, assessment by

experts/academics, etc.).

Q8a. Have any evaluations or

studies in your (Member) State

considered the impact of such

national measures to national economy?

Yes / no



experts/academics etc.).

There are no established communication channels.

No.

N/A

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Q9. How are such changes of status

perceived in your (Member) State?

Please support your argument based

on existing evidence (policy

documents, political discourses, media coverage, NGO campaigns, case law examples etc.).

Q10a. Is there any evidence or are

there any indications that such

changes of status contribute to the

prevention of irregular stays or to reduce irregularity in your (Member) State?

Yes / no



experts/academics etc.).

Section 4: Challenges,

good practices and

lessons learned

Section 4.1 examines the existing challenges and obstacles for the design and implementation of specific policies allowing third-country nationals to change status whilst remaining on the territory of the Member State as experienced by the legislator / policy maker / practitioner. EMN NCPs may also report on

any challenges /barriers reported by third-country national applicants if available through available studies / evaluations (primary research is not expected).

This section should (to the extent possible) understand the obstacles to status change (or the current mainstream legal requirements that prevent status change from within the territory of the (Member) State. EMN NCPs are asked to address any obstacle related to the eligibility criteria or to other macro-level areas such as labour market needs, employment, integration, etc. EMN NCPs are asked to present the findings and analysis of any existing studies or evidence collected in any other way and to provide any available statistics in the corresponding tables Annex 1.

Section 4.2 aims to highlight any good practices of the (Member) States that have successfully implemented and managed measures allowing third-country

nationals to switch status without leaving the territory of the (Member) State. This section can include also lessons learned from the practical implementation

of specific policies, programmes or schemes for the targeted categories of third-country nationals: lessons learned may address also assessments of the

expected and/or unintended (positive and negative) consequences of specific measures.

Section 4.1: Challenges and obstacles to measures to enable third-country nationals to change status whilst remaining

on the territory of the (Member) State

Q11. What are the main challenges/obstacles related to the change of status for third-country nationals whilst remaining on the territory of your (Member)

State?

EMN NCPs are not required to engage with immigrant communities, but reference to existing evidence-based research/literature/studies will be necessary

to duly complete the table.

N/A

No.

N/A

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Please use the space below for information applicable to all changes and/ or the table below for change-specific information if required.

N/A

From Into Challenges for national authorities in the

design and implementation of measures

allowing third-country nationals to

change status.

If possible studies should be included

(sourced as appropriate)

Challenges for applicant to change

status at both application stage (e.g.

requirements, waiting times, fees, etc.)

If possible, the views of the immigrant

community and studies should be included

(sourced as appropriate)

Select Select

Select Select

Other (please

specify)

Other (please

specify)

Please add as many rows as necessary!

Section 4.2: Good practices and lessons learned

If there are specific examples of good practices worth highlighting, EMN NCPs are kindly asked to fill in the box below:

Not monitored.

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Section 5: Conclusions

The Synthesis Report will outline

the key findings, main observations of the Study, present conclusions relevant for policymakers at national and EU level and identify policy pointers for

future actions. Specific conclusions drawn by (Member) State should be included in the Top Line Factsheet to prevent duplication of efforts.

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ANNEX 1: Statistics

This annex provides statistics on the topic of change of status. Data for Tables A1-A3; and A5-A6 will be compiled centrally from sources indicated.

However, if no data are available centrally, (Member) States are welcomed to provide their national data.

The national data should be provided for Table A4 and Tables A7-A11.

Table A1: Applicants for international protection (2010-2014)

2010 2011 2012 2013 2014

Austria

Belgium

Bulgaria

Croatia 290 808 1195 1089 454

Source: Eurostat (migr_asyappctza), data extracted XXX

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Table A2: All valid residence permits by reason on 31 December (2010-2014)

Year Reason AT BE BG CY CZ DE EE EL ES FI F

R

HR H

U

IE IT LT LU LV MT NL PL PT RO SE SI SK UK NO

2010 Total

Family

reasons

Education

reasons

Remunera

ted

activities

reasons

2011 Total 1281

0

Family

reasons

8258

Education

reasons

4502

Remunera

ted

4102

2 This number is total number of foreigners with valid temporary residence on 31st December 2011 for purpose of education (including students, secondary education, and other education). We can not extract temporary residence only for purpose of studies.

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R

HR H

U


activities

reasons

2012 Total 8864

Family

reasons

4435

Education

reasons

3853

Remunera

ted

activities

reasons

40444

2013 Total

Family

reasons

Education

reasons

Remunera

ted

3 This number is total number of foreigners with valid temporary residence on 31st December 2012 for purpose of education (including students, secondary education, and other education). We can not extract temporary residence only for purpose of studies

4 This number represents the total number of residence and work permits issued to TCNs in 2012.

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R

HR H

U


activities

reasons

2014 Total

Family

reasons

Education

reasons

Remunera

ted

activities

reasons

Source: Eurostat (migr_resvalid), data extracted XXX

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Table A3: Number of “EU Blue Cards” granted (2010-2014)

(Member) State 2010 2011 2012 2013 2014

Austria

Belgium

Bulgaria

xxx

Source: Eurostat (migr_resbc1), data extracted XXX

Table A4: Issued skilled or highly skilled national labour permits (2010-2014)

(Member) State 2010 2011 2012 2013 2014

Source: National data

25 25

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Table A5: Total number of victims of trafficking (identified and presumed)

by assistance and protection: residence permit based on Directive

2004/81 as well as other granted residence permits (2010-2012)

(Member) State 2010 2011 2012

Austria

Belgium

Bulgaria

xxx

Source: Eurostat (2015) Trafficking in Human Beings, Table A12: Number of

victims (identified and presumed) by assistance and protection: residence permit

based on Directive 2004/81 as well as other granted residence permits

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Table A6: Change of immigration status permits by reason (2010-2014)

Year

Change from: Change to:

AT BE BG CY CZ DE EE EL ES FI FR HR HU IE IT LT LU LV MT NL PL PT RO SE SI SK UK NO

2010

Family status Education

Remunerated activities

Education Family


Remunerated

activities

Family

Education

2011



Education Family


Remunerated

activities

Family

Education

2012



Education Family


Remunerated

activities

Family

Education

2013

Family status Education 5

Remunerated activities 12

Education Family 24


Remunerated

activities

Family 58

Education 16

2014

Family status Education 5


Education Family 16


Remunerated

activities

Family 42

Education 0

Source: Eurostat (migr_reschange), data extracted XXXXXX

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Table A7: Change of immigration status permits by reason (2010-2014)

Change from: Change to: 2010 2011 2012 2013 2014 Data includes only

main applicants

Data includes main

applicants and

dependants

Source / further

information

Family status

Research

Blue card


Employee

Self-employed

Business owner

Seasonal worker

ICT

Investor

D-type visa holder

Asylum



Education

Research

Blue card


Employee

Self-employed

Business owner

Seasonal worker

ICT

Investor

D-type visa holder

Asylum



Research

Family

Education

Blue card


Employee

Self-employed

Business owner

Seasonal worker

ICT

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main applicants

Data includes main

applicants and

dependants

Source / further

information

Investor

D-type visa holder

Asylum



Remunerated

activities: Blue

card

Family

Education

Research


Employee

Self-employed

Business owner

Seasonal worker

ICT

Investor

D-type visa holder

Asylum



Remunerated activities: highly qualified worker

Family

Education

Research

Blue card

Employee

Self-employed

Business owner

Seasonal worker

ICT

Investor

D-type visa holder

Asylum



Remunerated activities:

Employee

Family

Education

Research

Blue card

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main applicants

Data includes main

applicants and

dependants

Source / further

information


Self-employed

Business owner

Seasonal worker

ICT

Investor

D-type visa holder

Asylum



Remunerated activities: Self-

employed

Family

Education

Research

Blue card


Employee

Business owner

Seasonal worker

ICT

Investor

D-type visa holder

Asylum



Business owner

Family

Education

Research

Blue card


Employee

Self-employed

Seasonal worker

ICT

Investor

D-type visa holder

Asylum


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main applicants

Data includes main

applicants and

dependants

Source / further

information


Remunerated activities:

Seasonal worker

Family

Education

Research

Blue card


Employee

Self-employed

Business owner

ICT

Investor

D-type visa holder

Asylum



Remunerated activities: ICT

Family

Education

Research

Blue card


Employee

Self-employed

Business owner

Seasonal worker

Investor

D-type visa holder

Asylum



Investor

Family

Education

Research

Blue card


Employee

Self-employed

Business owner

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main applicants

Data includes main

applicants and

dependants

Source / further

information

Seasonal worker

ICT

D-type visa holder

Asylum



D-type visa

holder

Family

Education

Research

Blue card


Employee

Self-employed

Business owner

Seasonal worker

ICT

Investor

Asylum



Asylum

Family

Education

Research

Blue card


Employee

Self-employed

Business owner

Seasonal worker

ICT

Investor

D-type visa holder



Victim of

trafficking

Family

Education

Research

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main applicants

Data includes main

applicants and

dependants

Source / further

information

Blue card


Employee

Self-employed

Business owner

Seasonal worker

ICT

Investor

D-type visa holder

Asylum


Other (Please

specify)

Family

Education

Research

Blue card


Employee

Self-employed

Business owner

Seasonal worker

ICT

Investor

D-type visa holder

Asylum



Note: Please do not leave empty cells, but use the following acronyms where required: NI (no information available), NA (not

applicable).

Eurostat data will be used for switches between three statuses: Family, Education and Remunerated activities.

Please use this space to leave any notes if necessary

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Table A8: Number of persons who have changed immigration status 2 times by type of switch (2010-2014)


main applicants

Data includes main

applicants and

dependants

Source / further

information

Note: In order to fill in columns ‘change from’ and ‘change to’ please see examples of changes in tables A6 and A7

Table A9: Number of persons who have changed immigration status 3 times by type of switch (2010-2014)


main applicants

Data includes main

applicants and

dependants

Source / further

information


Table A10: Number of persons who have changed immigration status more than 3 times by type of switch (2010-2014)


main applicants

Data includes main

applicants and

dependants

Source / further

information


Box A1: Is the processing time set in the national legislation? If yes, does it differ for different groups of migrants – in

legislation and/ or in practice?

If the answer is yes, please fill in the Table A11, specifying in the narrative whether it differs in legislation and/ or practice:

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Table A11: The average processing time to change the status (the time span between the application for change of status and

the granting of the change of status), by purpose of stay in 2014

Into

From

Family Education Research Blue

cards

Highly

qualified

worker

Employee Self-

employed

Business

owner

Seasonal

worker

ICT Investor D-type

visa

holder

Asylum Victim of

trafficking

Other

(please

specify)

Family Select: Select: Select: Select: Select: Select: Select: Select: Select: Select: Select: Select: Select: Select:

Education Select: Select: Select: Select: Select: Select: Select: Select: Select: Select: Select: Select: Select: Select:

Research Select: Select: Select: Select: Select: Select: Select: Select: Select: Select: Select: Select: Select: Select:

Blue card Select: Select: Select: Select: Select: Select: Select: Select: Select: Select: Select: Select: Select: Select:

Highly

qualified

worker


Employee Select: Select: Select: Select: Select: Select: Select: Select: Select: Select: Select: Select: Select: Select:

Self-employed Select: Select: Select: Select: Select: Select: Select: Select: Select: Select: Select: Select: Select: Select:

Business

owner


Seasonal

worker


ICT Select: Select: Select: Select: Select: Select: Select: Select: Select: Select: Select: Select: Select: Select:

Investor Select: Select: Select: Select: Select: Select: Select: Select: Select: Select: Select: Select: Select: Select:

D-type visa

holder


Asylum Select: Select: Select: Select: Select: Select: Select: Select: Select: Select: Select: Select: Select: Select:

Victim of

trafficking


Other (please

specify)


Note: Please fill in the table using one of the options provided (by clicking on the cell):

A few days

From a few days to a week

Up to two weeks

Up to a month

More than a month

NI – no information available

NA – not applicable

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