Acquisition of Croatian Citizenship – Engagement of Our Law Firm
This Law Office represents citizens of Bosnia and Herzegovina as well as other foreign citizens in acquiring citizenship of the Republic of Croatia (Croatian citizenship) through an affiliated law firm in Zagreb, Republic of Croatia. Our law firm specializes in citizenship matters with 30 years of practice in the field of citizenship. Our law office has been a member of the Croatian Bar Association since 2007.
Updates as of 12/27/2021 regarding the acquisition of citizenship of the Republic of Croatia:
The Law on Amendments to the Law on Croatian Citizenship was adopted.
DECISION ON THE PROCLAMATION OF THE LAW ON AMENDMENTS TO THE LAW ON CROATIAN CITIZENSHIP
I promulgate the Law on Amendments to the Law on Croatian Citizenship, which was adopted by the Croatian Parliament at its session on December 8, 2021. Class: 011-01/21-01/92, Registration number: 71-10-01/1-21-2, Zagreb, December 10, 2021.
President of the Republic of Croatia, Zoran Milanović, signed.
LAW ON AMENDMENTS TO THE LAW ON CROATIAN CITIZENSHIP (CROATIAN CITIZENSHIP ACT)
Article 1
In the Law on Croatian Citizenship / Croatian Citizenship Act (»Official Gazette«, No. 53/91, 70/91 – corrigendum, 28/92, 113/93 – Decision of the Constitutional Court of the Republic of Croatia, 4/94, 130/11, 110/15 and 102/19), in Article 5, paragraph 2, the word: »two« is replaced by the word: »three«.
Article 2
In Article 30a, paragraph 2, the word »two« is replaced by the word »three«.
Article 3
This Law shall be published in the »Official Gazette« and shall enter into force on January 1, 2022.
Class: 022-03/21-01/133, Zagreb, Republic of Croatia, December 8, 2021.
CROATIAN PARLIAMENT
President of the Croatian Parliament, Gordan Jandroković, signed.
Updates as of 11/19/2021, regarding the acquisition of citizenship of the Republic of Croatia:
At the session held on 11/17/2021, the Government of the Republic of Croatia adopted a proposal for amendments to the Law on Croatian Citizenship, which were proposed due to the large number of applications for acquiring Croatian citizenship based on the Law on Croatian Citizenship that entered into force at the beginning of last year and the difficult conditions for their submission due to the pandemic.
Pursuant to Article 5 paragraph 2 of the Law on Croatian Citizenship, a person older than 21 years of age, born abroad, whose one parent was a Croatian citizen at the time of his/her birth, also acquires Croatian citizenship by descent if he/she submits a request for registration in the register of Croatian citizens within two years from the date this Law enters into force, provided that the Ministry of Interior previously determines that there are no obstacles from Article 8, paragraph 1, point 5 of this Law, that is, that it establishes that the applicant respects the legal order of the Republic of Croatia, that he has settled the due public duties and that there are no security obstacles for his or her admission to Croatian citizenship.
Also, pursuant to the provisions of Article 30a paragraph 2., a person born in the period from January 8, 1977, to October 8, 1991, whose both parents had Croatian citizenship at the time of birth, but who has another citizenship entered in the citizenship register, is also considered a Croatian citizen if, within two years from the day this Law enters into force, he/she submits a request for determination of Croatian citizenship. The deadline for submitting an application for acquiring Croatian citizenship according to the cited provision expires on January 1, 2022, and that deadline shall be extended for another year, that is, it will be possible to submit requests until 01/01/2023.
According to publicly available data, in 2020, a total of 1,923 applications for Croatian citizenship (acquisition of Croatian citizenship) were received, including all legal bases for registration in the Croatian citizenship register (Articles 4 and 5, paragraph 2 of the Law for persons over 21 years of age, born during the validity of the Law on Croatian Citizenship, and Article 30, paragraph 1 and Article 30a, paragraph 2 of the Law). Of the mentioned number, 871 requests related to Article 5, paragraph 2 of the Law on Croatian Citizenship, and 148 requests to Article 30a, paragraph 2 of the Law. In 2021, until 09/30/2021, approximately 2,400 applications were received for determining Croatian citizenship, and of the number mentioned, 998 applications refer to Article 5, paragraph 2 of the Law on Croatian Citizenship, while 152 are based on the provisions of Article 30a, paragraph 2 of the Law.
It is expected that the Parliament will adopt amendments to the Law on Croatian Citizenship at its next session, and they should enter into force by the end of 2021.
Acquisition of Croatian Citizenship
Basic principles and standards known in European legislation are incorporated into the Law on Croatian Citizenship, such as the principles of: legal continuity of citizenship, prevention of statelessness, exclusivity of Croatian citizenship, equality of children born to married and unmarried parents, and adopted children.
How can Croatian citizenship be acquired?
Acquisition of Croatian citizenship is regulated by the current Law on Croatian Citizenship, and a citizenship attorney will explain to a party that Croatian citizenship can be acquired in 4 ways, explicitly prescribed by the Law.
Croatian citizenship is acquired:
- by descent (based on the parents of the applicant for the acquisition of Croatian citizenship);
- by birth on the territory of the Republic of Croatia;
- by naturalization;
- under international treaties.
1) Acquisition of Croatian citizenship by descent (based on parents)
Croatian citizenship by descent acquires:
- a child
- whose both parents are Croatian citizens at the time of his/her birth;
- one of whose parents is a Croatian citizen at the time of his birth, provided that a child was born in the Republic of Croatia;
- of foreign citizenship or without citizenship adopted by Croatian citizens according to the provisions of a special law;
- a person born abroad whose one parent is a Croatian citizen at the time of his/her birth;
- if he/she is registered at a diplomatic mission or consular office of the Republic of Croatia abroad or at a registry office in the Republic of Croatia in order to be registered as a Croatian citizen by the age of 21;
- a person older than 21 years of age if, within two years from the date of entry into force of this Law, submits a request for registration in the records of Croatian citizens, under the condition that the Ministry of Interior has previously determined the absence of security obstacles to acquiring Croatian citizenship (that is, that the person does not pose a threat to national security, public order, etc.);
- a person over the age of 21 who would otherwise remain stateless.
This basis for acquiring Croatian citizenship causes the most confusion in practice, and this is because it is often interpreted that anyone whose parent was a Croatian citizen at the time of his/her birth (and according to earlier regulations, valid before the entry into force of the Law on Croatian Citizenship) has the right to Croatian citizenship. However, this does not correspond to the true state of affairs, and such an interpretation of this basis of acquisition would encroach on previous regulations. Therefore, this basis applies only to the acquisition of Croatian citizenship by descent of persons born after October 8, 1991, when the Law on Croatian Citizenship came into force.
2) Acquisition of Croatian citizenship by birth on the territory of the Republic of Croatia
By being born in the territory of the Republic of Croatia, the citizenship of the Republic of Croatia is acquired by a child who was born or found in the territory of the Republic of Croatia if:
- both parents are unknown to him/her; or
- is of an unknown citizenship; or
- is stateless.
With this method of acquiring Croatian citizenship, it is important to note that a child's Croatian citizenship shall cease if it is determined that both of his parents are foreign citizens by the time he reaches the age of fourteen.
3) Acquisition of Croatian citizenship by naturalization:
By naturalization, Croatian citizenship can be acquired:
- on the basis of residence by a foreigner who has submitted an application for admission to Croatian citizenship and meets the requirements that he/she:
- has reached 18 years of age;
- has a release from his/her foreign citizenship / proof that he/she will receive a release if he is admitted to Croatian citizenship (it is assumed if he is a person who has become stateless or will lose it by naturalization according to the laws of the country of which he is a citizen; Bosnia and Herzegovina and Croatia have an Agreement on Dual Citizenship). If a foreign country does not allow release or sets conditions for it that cannot be met, then the applicant's statement that he renounces his foreign citizenship if he acquires Croatian is sufficient;
- lives in the Republic of Croatia and has a registered residence for a continuous period of 8 years until the application is submitted and the status of a foreigner with permanent residence in the REPUBLIC OF CROATIA;
- knows the Croatian language and the Latin alphabet, Croatian culture and social order (does not apply to persons over 60);
- respects the legal order of the Republic of Croatia and has settled the due public duties and there are no security obstacles for his admission to Croatian citizenship;
- on the basis of birth, a person who was born and lives in the territory of the Republic of Croatia with an approved permanent residence if he/she:
- has turned 18 years of age;
- has a release from foreign citizenship / proof that he/she will receive a release if he is admitted to Croatian citizenship;
- respects the legal order of the Republic of Croatia and has settled the due public duties and there are no security obstacles for his/her admission to Croatian citizenship;
- on the basis of marriage, a person who is married to a Croatian citizen and:
- has an approved permanent residence and lives in the territory of the REPUBLIC OF CROATIA
- respects the legal order of the Republic of Croatia and has settled the due public duties and there are no security obstacles for his/her admission to Croatian citizenship;
- on the basis of emigration, an expatriate and his descendants, their spouse if he/she:
- has reached the age of 18;
- respects the legal order of the Republic of Croatia and has settled the due public duties and there are no security obstacles for his/her admission to Croatian citizenship.
An emigrant is considered a person who moved out of the territory of the Republic of Croatia before October 8, 1991, with the intention of permanently living abroad, but not if he/she moved out on the basis of an international agreement or moved to other countries of the former SFRY, or moved out of the territory of the Republic of Croatia and did not have former Croatian republican citizenship / domicile in the territory of the Republic of Croatia.
- a foreigner whose admission to Croatian citizenship would represent an interest for the Republic of Croatia and his/her spouse if:
- he/she respects the legal order of the Republic of Croatia and has settled the due public duties and there are no security obstacles for his/her admission to Croatian citizenship.
- minor child if:
- both parents acquire citizenship by birth, or only one of the parents, and the child lives in the Republic of Croatia and has an approved permanent residence; or
- one of the parents acquires citizenship by birth on the basis of emigration or on the basis of belonging to the Croatian nation; or
- by naturalization, only one of the parents acquires citizenship, while the other is stateless or of unknown citizenship, and the child lives abroad.
The request is submitted by one of the parents with the written consent of the other parent or the guardian of the child, except in exceptional cases.
- on the basis of re-admission to Croatian citizenship if it is about a Croatian citizen who requested and obtained a release from Croatian citizenship in order to acquire another citizenship for the purpose of performing some vocation or activity, and all in accordance with the assumptions set for the performance of the same by the country whose citizenship is acquired.
- on the basis of belonging to the Croatian nation, if the acquirer respects the legal order of the Republic of Croatia and has settled the due public duties and there are no security obstacles for his/her admission to Croatian citizenship.
In addition to acquiring Croatian citizenship in accordance with the aforementioned conditions and assumptions, it is also possible to initiate the procedure for determining Croatian citizenship in certain cases defined by the positive laws of the Republic of Croatia.
Determination of Croatian citizenship
A Croatian citizen is considered to be:
- a person who acquired that status according to the regulations valid until the date of entry into force of the Law.
This provision refers to the principle of continuity of Croatian citizenship, on the basis of which the procedure for establishing Croatian citizenship in the Republic of Croatia is carried out, with subsequent entry in the register of citizens of the Republic of Croatia. In that procedure, the regulations on citizenship that were valid at the time of the applicant's birth, that is, the federal and republican regulations that were valid in the Republic of Croatia while it was part of the former SFRY, are applied.
- a member of the Croatian nation who does not have Croatian citizenship on the date of entry into force of this law, and has a registered residence in the Republic of Croatia on the day in question, with the condition of giving a written statement that he/she considers himself/herself a Croatian citizen;
- a person registered in the citizenship register in the period from March 1, 1978, to October 8, 1991, and was issued a public document proving Croatian citizenship;
- a person born in the period from January 8, 1977, to October 8, 1991, to whom both parents had Croatian citizenship at the time of birth, but another citizenship was entered in the citizenship records, if he/she submits a request for determination of Croatian citizenship by December 31, 2021.
How to obtain Croatian citizenship based on marriage with a Croatian citizen?
In response to the question on how to obtain Croatian citizenship based on marriage with a Croatian citizen, Article 10 of the Law on Croatian Citizenship states that a foreigner who is married to a Croatian citizen can acquire Croatian citizenship if he/she has been granted permanent residence and lives in the territory of the Republic of Croatia, and if it can be concluded from his/her conduct that he respects the legal order of the Republic of Croatia, that he has settled due public liabilities and that there are no security obstacles/impediments to his/her admission to Croatian citizenship.
How to obtain Croatian citizenship based on marriage with an emigrant?
Under the amendments to the Law on Croatian Citizenship, an expatriate/emigrant, his/her descendants and a foreigner who is married to an expatriate can acquire Croatian citizenship by birth, considering that this way is intended to attract Croatian expatriates to return to their homeland, even though they do not meet the following assumptions from Article 8 of the Law:
- to have a release from foreign citizenship or to submit proof that he/she will receive a release if he/she is admitted to Croatian citizenship (for example, a B&H citizen does not have to do a release from B&H citizenship in order to be admitted to Croatian citizenship because there is an Agreement on Dual Citizenship between our countries).
- to live in the Republic of Croatia with a registered residence for 8 years continuously until the application is submitted and has an approved status of foreigner with permanent residence,
- to know the Croatian language and Latin script/alphabet, Croatian culture and social order.
It should be noted that an emigrant is considered to be a person who moved out of the Republic of Croatia before October 8, 1991, with the intention of living abroad permanently. Exceptionally, an emigrant is also a member of the Croatian nation who emigrated from the territory of the former states in which, at the time of emigration, the territory of the present-day Republic of Croatia was located.
How to obtain Croatian citizenship on the basis of marriage with a person who acquired Croatian citizenship due to the interests of the Republic of Croatia, with approved residence in the Republic of Croatia?
A foreign national whose admission to Croatian citizenship would represent an interest for the Republic of Croatia can acquire Croatian citizenship by naturalization even though he/she does not meet the necessary legal requirements from Article 8, paragraph 1, points 1-4 of this Law, i.e. it is sufficient that he/she knows the Croatian language and the Latin script, Croatian culture and social order.
The above also applies to the spouse of a person whose admission to Croatian citizenship would represent an interest for the Republic of Croatia, if he/she lives in the Republic of Croatia with an approved residence permit.
It is important to note that at the request of the Ministry of the Interior, the competent ministry, i.e. the central state office, gives a reasoned opinion from which the existence of the Republic of Croatia's interest in receiving Croatian citizenship undoubtedly emerges.
What conditions must a person meet to acquire Croatian citizenship by naturalization?
An attorney for the citizenship will first explain to a party who turned to them for legal advice that Croatian citizenship can be acquired by naturalization by a person who is not a member of the Croatian nation, an emigrant or a descendant of an emigrant.
The conditions that a foreigner must fulfill in order to acquire Croatian citizenship are prescribed by the Law on Croatian Citizenship in Article 8, and they are as follows:
- that he/she has turned the age of 18,
- that he/she has a release from foreign citizenship or to submit proof that he/she will receive a release if he/she is admitted to Croatian citizenship,
- that he/she lives in the Republic of Croatia with a registered residence for 8 years continuously until the application is submitted and has an approved status of a foreigner with permanent residence,
- that he/she knows the Croatian language and Latin script, Croatian culture and social order,
- that he/she respects the legal order of the Republic of Croatia, that he has settled the due public liabilities and that there are no security obstacles for his/her admission to Croatian citizenship.
To which authority in Croatia is the application submitted for acquiring Croatian citizenship?
If a foreign national considers that he/she meets the conditions previously listed by the citizenship lawyer, that same lawyer will explain to him/her that he/she must submit an application for acquiring Croatian citizenship to the police administration, or police station, according to the place of approved temporary or permanent residence in the Republic of Croatia; if he/she does not have an approved residence in the Republic of Croatia, he/she submits the application through the diplomatic mission or consular office of the Republic of Croatia in Bosnia and Herzegovina, i.e. abroad.
If the police administration considers that the conditions have been met and the applicant for acquiring Croatian citizenship submits proof of the paid fee, the authorized body will hand him/her a decision on admission to Croatian citizenship. Therefore, on the day of delivery of a positive decision on acquiring Croatian citizenship, a foreigner becomes a Croatian citizen.
Facilitated acquisition of Croatian citizenship:
In order to facilitate the acquisition of Croatian citizenship, the most significant changes introduced by the Law on Amendments to the Law on Croatian Citizenship are listed below:
The most significant amendments to the Law on Croatian Citizenship, which entered into force on January 1, 2020, are:
- enabling the acquisition of Croatian citizenship by naturalization of persons born abroad, one of whose parents is a Croatian citizen at the time of their birth, because the age limit for registration in the register of Croatian citizens is increased until they reach the age of 21 in order to give them the opportunity to submit an application for their own entry in the register of Croatian citizens, if their parents failed to do the above until they reached the age of maturity/adulthood. Under the same conditions, persons over the age of 21 (born after the entry into force of the current Law on Croatian Citizenship, i.e. after October 8, 1991) can also acquire Croatian citizenship by naturalization if, within two years from the entry into force of this Law, they submit a request for registration in the register of Croatian citizens;
- simplifying the presentation of evidence for members of the Croatian nation who do not have evidence of personal declaration of belonging to the Croatian nation, if this fact has been undoubtedly established for their parents;
- enabling the acquisition of Croatian citizenship by naturalization for minor children whose one of the parents acquired Croatian citizenship based on emigration from the Republic of Croatia or on the basis of belonging to the Croatian nation (until now such a child had to live in the Republic of Croatia to be able to acquire Croatian citizenship by naturalization);
- liberalization of the conditions for acquiring Croatian citizenship by naturalization for emigrants and their descendants because the generational restriction in a straight line is omitted (until now there was a limit of up to the 3rd degree of kinship), and at the same time the obligation to know the Croatian language and the Latin script, Croatian culture and social administration, is released;
- a solemn oath is prescribed for a person who has acquired Croatian citizenship by naturalization.
Treaty/agreement between Croatia and Bosnia and Herzegovina on dual citizenship
A citizen of Bosnia and Herzegovina who possesses or has acquired the citizenship of the Republic of Croatia in the manner and in the procedure established by the regulations of the Republic of Croatia, shall not lose the citizenship of Bosnia and Herzegovina as a result of this possession or acquisition, nor will he/she be required to submit an application for the termination of the citizenship of Bosnia and Herzegovina.
A citizen of the Republic of Croatia who possesses or has acquired the citizenship of Bosnia and Herzegovina in the manner and in the procedure established by the regulations of Bosnia and Herzegovina, shall not lose the citizenship of the Republic of Croatia as a result of this possession or acquisition, nor will he/she be required to submit an application for the termination of the citizenship of the Republic of Croatia.
Frequently asked questions (FAQs) about the subject on acquiring Croatian citizenship:
Croatian citizenship for Bosnians – Is it possible to have Croatian citizenship and B&H citizenship?
Yes, it is possible to have the citizenship of the Republic of Croatia and the citizenship of Bosnia and Herzegovina at the same time. The Republic of Croatia and Bosnia and Herzegovina have an agreement on dual citizenship.
In what ways is Croatian citizenship acquired?
Croatian citizenship is acquired: by descent, by birth in the territory of the Republic of Croatia, by naturalization, according to international agreements.
How to acquire Croatian citizenship based on parents?
On the basis of parents, Croatian citizenship is acquired by a child: both of whose parents are Croatian citizens at the time of birth, or one of whose parents is a Croatian citizen at the time of the child's birth, and the child was born in the Republic of Croatia of foreign citizenship or without citizenship and was adopted by Croatian citizens according to the provisions of a special law.
Which body in Croatia is responsible for acquiring Croatian citizenship?
The Ministry of the Interior performs tasks related to the acquisition of Croatian citizenship by naturalization and according to international agreements, as well as affairs related to the termination of Croatian citizenship.
Which body in Croatia keeps records of the acquisition of Croatian citizenship?
Records on Croatian citizenship are kept/maintained. Citizenship records are kept by a registry office. Persons born in the Republic of Croatia are registered in the citizenship records maintained by a registry office according to the place of birth of that person. Persons born abroad are registered in the citizenship records kept by a registry office according to the place of residence of the person who submits the application for acquiring Croatian citizenship. Persons who acquire Croatian citizenship on the basis of the provisions of this Law and do not reside in the Republic of Croatia are registered in the central records. Central records are maintained by the body responsible for general administration in the City of Zagreb. Data corrections in the records of Croatian citizenship can only be made based on the decision of the competent body that determined the entry in the register of citizens of the Republic of Croatia.
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