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Croatian nationality law

From Wikipedia, the free encyclopedia

Not to be confused withCroatian nationalism.
Croatian Citizenship Act
Parliament of Croatia
  • An Act relating to Croatian citizenship
Enacted byGovernment of Croatia
Status: Current legislation

TheCroatian nationality law dates back from June 26, 1991, with amendments on May 8, 1992, October 28, 2011, and January 1, 2020, and an interpretation of the Constitutional Court in 1993.[1][2][3] It is based upon theConstitution of Croatia (Chapter II, articles 9 and 10). It is mainly based onjus sanguinis.

Acquisition of Croatian citizenship

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Croatian citizenship can be acquired in the following ways:[1][2]

  1. Jus sanguinis: Bydescent if at least one of the parents is a Croatian citizen, or a proven direct lineage to a Croatian emigrant who left Croatia before October 8, 1991
  2. Jus soli: Bybirth in Croatia (one parent must have Croatian citizenship), or a child found in Croatia whose parents are unknown
  3. Bynaturalisation
  4. Byinternational treaties

Citizenship by descent

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Under Article 4 of the Law on Croatian Citizenship, a child acquires Croatian citizenship by origin:[1]

  1. if both of the child's parents are Croatian citizens at the time of the child's birth;
  2. if one of the child's parents is a Croatian citizen at the time of the child's birth and the child is born in the Republic of Croatia;
  3. if one of the child's parents is a Croatian citizen at the time of the child's birth, the other parent without citizenship or of unknown citizenship, and the child is born abroad.

Croatian citizenship may also be acquired by a mix of descent and registration, for a child born abroad, one of whose parents is a Croatian citizen at the moment of the child's birth, "if the child is registered for Croatian citizenship by 21 years of age at a competent authority of the Republic of Croatia abroad or in the Republic of Croatia, or if he settles in the Republic of Croatia", or if the child would not otherwise acquire any citizenship.[1]

Citizenship by ancestry

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It is also possible for emigrants and their descendants (and their spouses) to claim Croatian citizenship under Article 11. An emigrant and their descendants can acquire Croatian citizenship by naturalization. They do not have to:

  1. have knowledge of theCroatian language
  2. give up any foreign citizenships
  3. have ever lived in the territory of theRepublic of Croatia

However, Article 11 does not generally apply to migrants who are citizens of other countries and territories of theformer Yugoslavia.[4]

Citizenship by naturalisation

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Under Article 8 of the Croatian Citizenship Act, a foreigner can acquire Croatian citizenship by naturalisation if they have submitted a request and fulfils the following requirements:[3]

  1. they are 18 years old;
  2. they are released from foreign citizenship, or submits proof that they will acquire release if granted Croatian citizenship;
  3. they have lived and has had a registered residence in the Republic of Croatia for at least 8 years without interruption until the submission of the request and has been granted foreigner status with permanent residence;
  4. they are proficient in the Croatian language and Latin script, and is familiar with Croatian culture and social arrangement;
  5. by respecting the legal order of the Republic of Croatia, by paying public contributions, and that there are no security obstacles for them to receive Croatian citizenship.

Dual citizenship

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Croatia does not require its citizens to renounce Croatian citizenship when acquiring a new citizenship.

The same cannot be said though, for the reverse. Under Article 8 of the Law on Croatian Citizenship, naturalisation into Croatian citizenship requires renunciation of the previous country's citizenship, where allowed by the other country. However, this does not apply in a number of situations, including descendants of Croatian emigrants, national interest of Croatia, and former Croatians who renounced Croatian citizenship to practice a profession in another country.[1]

Citizenship of the European Union

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Because Croatia forms part of theEuropean Union, Croatian citizens are alsocitizens of the European Union underEuropean Union law and thus enjoyrights of free movement andhave the right to vote inelections for theEuropean Parliament.[5] When in a non-EU country where there is no Croatian embassy, Croatian citizens have the right to get consular protection from the embassy of any other EU country present in that country.[6][7] Croatian citizens can live and work in any country within the EU as a result of the right of free movement and residence granted inArticle 21 of the EU Treaty.[8]

Travel freedom of Croatian citizens

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Main article:Visa requirements for Croatian citizens
Visa requirements for Croatian citizens

Visa requirements for Croatian citizens are administrative entry restrictions by the authorities of other states placed on citizens ofCroatia. In 2018, Croatian citizens had visa-free or visa on arrival access to 156 countries and territories, ranking the Croatian passport 20th in terms of travel freedom according to theHenley visa restrictions index.[9]

In 2017, the Croatian nationality is ranked twenty-eighth in theNationality Index (QNI). This index differs from theVisa Restrictions Index, which focuses on external factors including travel freedom. The QNI considers, in addition to travel freedom, on internal factors such as peace & stability, economic strength, and human development as well.[10]

References

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  1. ^abcdePublic Domain This article incorporates text from this source, which is in thepublic domain:"Law on Croatian Citizenship (unofficial translation) (originally enacted June 26, 1991, and as amended May 8, 1992 and October 28, 2011)"(PDF). EUDO. July 19, 2019. Archived fromthe original(PDF) on July 10, 2019. RetrievedJuly 20, 2019.
  2. ^ab"Acquiring Croatian citizenship". Croatian Ministry of Foreign and European Affairs. RetrievedJuly 19, 2019.
  3. ^abPublic Domain This article incorporates text from this source, which is in thepublic domain:"Croatian Citizenship Act (unofficial translation) (originally enacted June 26, 1991, and as amended May 8, 1992 and October 28, 2011, and January 1, 2020)"(PDF). ZAKON. October 13, 2020.
  4. ^"Croatia: Citizenship Act".Refworld.
  5. ^"Croatia". European Union. RetrievedMay 4, 2015.
  6. ^Article 20(2)(c) of theTreaty on the Functioning of the European Union.
  7. ^Rights abroad: Right to consular protection: a right to protection by the diplomatic or consular authorities of other Member States when in a non-EU Member State, if there are no diplomatic or consular authorities from the citizen's own state (Article 23): this is due to the fact that not all member states maintain embassies in every country in the world (14 countries have only one embassy from an EU state).Antigua and Barbuda (UK),Barbados (UK),Belize (UK),Central African Republic (France),Comoros (France),Gambia (UK),Guyana (UK),Liberia (Germany),Saint Vincent and the Grenadines (UK),San Marino (Italy),São Tomé and Príncipe (Portugal),Solomon Islands (UK),Timor-Leste (Portugal),Vanuatu (France)
  8. ^"Treaty on the Function of the European Union (consolidated version)"(PDF). Eur-lex.europa.eu. Retrieved2015-07-10.
  9. ^"Global Ranking - Visa Restriction Index 2017"(PDF). Henley & Partners. Archived fromthe original(PDF) on November 13, 2017. RetrievedMarch 14, 2017.
  10. ^"The 41 nationalities with the best quality of life".www.businessinsider.de. 2016-02-06. Archived fromthe original on 2018-12-09. Retrieved2018-09-10.

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