New system of employment of foreigners

The Law on Foreigners ("Official Gazette", No. 133/20) entered into force on January 1, 2021 and regulates the conditions of entry, residence and work of citizens of third countries in the Republic of Croatia. The Croatian Employment Service reports in more detail about the new employment system for foreigners.

Residence and work permits based on the labor market test and opinion of the Croatian Employment Service

The law prescribes a new model for the employment of third-country nationals, since the Government of the Republic of Croatia no longer determines the annual quota of permits for the employment of third-country nationals in the Republic of Croatia, but employers must first contact the Croatian Employment Service to find a workforce, which will conduct a market test labor (finding labor on the domestic labor market). Before employing citizens of third countries, employers are obliged to request the performance of a labor market test at the Croatian Employment Service in accordance with Article 98 of the Aliens Act.

EXCEPTIONS: the labor market test will not be required in case of extension of the residence and work permit for the same employer and the same citizen of a third country, in case of deficit occupations (list of the Administrative Council of the CES), employment of a citizen of a third country in agriculture, forestry, catering and tourism up to 90 days during the calendar year and in the case of residence and work permits issued in accordance with Article 110 of the Act (key personnel in companies, EU blue card, persons transferred within the company, etc.).

If it determines that there are no persons with the appropriate qualifications, knowledge, skills and/or experience in the records of the unemployed, the Croatian Employment Service will provide the employer with a notification on the result of the labor market indicating the possibility of submitting an application for the issuance of a residence and work permit for citizens of third countries, and the employer can, within 90 days of receiving that notification, submit a request for the issuance of a residence and work permit for a certain citizen of a third country (in accordance with the previously mentioned links).

The Ministry of the Interior, through the police department or police station, will ex officio request the Croatian Employment Service electronically for an opinion on the issuance of a residence and work permit for a specific citizen of a third country with a Croatian employer.

EXCEPTION: the opinion of the CES will not be sought in case of extension of the residence and work permit for the same employer and the same citizen of a third country, if it is about seasonal employment of citizens of third countries in agriculture, forestry, catering and tourism for up to 90 days during the calendar year and in in the case of residence and work permits issued in accordance with Article 110 of the Act (key personnel in companies, EU blue card, persons transferred within the company, etc.).

The conditions that must be met by the employer in order to issue a positive opinion will be checked by the Croatian Employment Service, and the conditions for the residence of third-country nationals by the Ministry of the Interior, through the competent police department or police station.

Residence and work permits without a labor market test and the opinion of the Croatian Employment Service

Article 97, paragraph 5 and Article 110 of the Aliens Act prescribes in which cases the Ministry through the police department or police station can independently issue residence and work permits, i.e. when a labor market test is NOT required and an opinion from the Croatian Employment Service is not required .

Requests for the issuance of a residence and work permit for which it is not necessary to conduct a labor market test or obtain an opinion from the Croatian Employment Service refer to:

extension of residence and work permit for the same employer and the same citizen of a third country,
seasonal employment of third-country nationals in agriculture, forestry, catering and tourism for up to 90 days during the calendar year,
residence and work permits in accordance with Article 110 of the Act (key personnel in companies, EU blue card, persons transferred within the company, etc.)

For the above categories of permits, a request for a residence and work permit can be submitted by a citizen of a third country or an employer, directly or by e-mail at the competent police department or police station according to:

place of intended stay
work of a citizen of a third country or
employer's headquarters.

The request is decided by the police administration or police station according to the place of residence or intended residence of the citizen of a third country.

Extension of residence and work permit

The request is submitted no later than 30 days before the expiration of the residence and work permit.

If an extension of the residence and work permit is requested for the same employer and the same citizen of a third country, the request is submitted to the police department or police station according to the place of residence of the citizen of the third country, which decides on the extension.

The police department or the police station must decide on the request for the extension of the residence and work permit in advance expiration of the valid residence and work permit.

Note: The request for the extension of the residence and work permit for seasonal work must be submitted no later than 15 days before the expiration date of the said permit, and the request will be decided within three days from the date of submission of the proper request. Seasonal work cannot last longer than 6 months within a year. In the case of a request to extend a seasonal work permit for up to 90 days in agriculture, forestry, catering and tourism, the employer is obliged to submit the request in the manner described above (labor market test, if the occupation is not on the list of the Administrative Council of the CES, and then an online request for issuing a work permit)

If a foreign worker who has been issued a residence and work permit wants to change employers, the new employer submits a new application for a residence and work permit, according to the above instructions.