COUNTRY FACTSHEET: CROATIA 2013

Transcription

1 COUNTRY FACTSHEET: CROATIA 213 EUROPEAN MIGRATION NETWORK 1. Introduction This EMN Country Factsheet provides a factual overview of the main policy developments in migration and international protection in Croatia during 213, including latest statistics. 2. Legal Migration and Mobility 2.1. PROMOTING LEGAL MIGRATION CHANNELS The official website of the Croatian Ministry of the Interior (MoI) provides information on entry, movement, residence and work of third-country nationals. The website also provides information related to working conditions and rights of workers assigned to work in the Republic of Croatia ECONOMIC MIGRATION On 21 st December 212, the Decision on establishing annual quota of permits for the employment of foreigners for calendar year 213 was published 1. The specific sectors that were affected were: construction industry, shipbuilding industry, tourism, culture, transportation, health care, science and education, manufacturing, informatics industry and agriculture. Regarding social dumping 2, the Foreigners Act provides that a third-country national may work in Croatia only on the jobs for which the residence and work permit or a work registration certificate have been issued, and only with the employer with whom they have contracted employment. The Act has also introduced fines for the employers that do not follow such provisions. Overall, an employer may employ a foreigner only for such jobs for which the employee was issued a residence and work permit or a work registration certificate. 1 Official Gazette, No. 144/12 2 Social dumping refers to the practice where workers from third countries are exploited as cheap labour in order to increase profit margins of companies. See: tionary/definitions/socialdumping.htm The Foreigners Act also provides that highly qualified third-country national workers are able to submit an application for a residence and work permit to the Diplomatic Mission or Consular Office of the Republic of Croatia or the Police Administration or Police Station based on the place of residence. A residence and work permit (the EU Blue Card ) for highly qualified third-country nationals can be considered as an approval for temporary residence and work at the territory of the Republic of Croatia FAMILY REUNIFICATION On July 1 st 213, the provisions of the Foreigners Act 3 regulating the entry, residence and work permits for nationals of the European Economic Area (EEA) and their family members entered into force. As a result, nationals of the EEA Member States and members of their family, regardless whether they are nationals of the EEA Member State or not, and who are entitled to residence in the Republic of Croatia, have equal rights as nationals of the Republic of Croatia in accordance with the Treaty on the Functioning of the European Union. The residence card for a family member of an EEA Member state, but who is not a national of a EEA Member State, can be issued with the term of validity of five years or a shorter term of validity if a national of the EEA Member State intends to reside in the Republic of Croatia for a period of less than five years. Temporary residence can also be granted to a member of the nuclear family of the thirdcountry national whom has been granted with a permanent or temporary resident permit or asylum if the following conditions are met: if the purpose of temporary residence is justified, if the person holds a valid travel document, has own supporting means, has health insurance, if their entry and residence in the Republic of Croatia is not prohibited and do 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 3 Official Gazette No. 13/11and 74/13

2 Asylum Act is not obliged to meet the criteria concerning supporting means and health insurance INTEGRATION The Foreigners Act has also introduced provisions regarding the integration of third-country nationals. For example the following categories of third-country nationals are allowed to work in Croatia: TCNs granted with permanent residence, asylum, subsidiary or temporary protection, temporary residence for the purpose of family reunification with a Croatian national and temporary residence for the purpose of scientific research and students (under certain criteria). In addition, third-country nationals holding permanent residence are also entitled to: education, social welfare, pensions, health insurance and occupational training amongst other rights. Permanent residence shall be granted to any thirdcountry national who, along with other conditions, knows the Croatian language and the Latin script and has knowledge of the Croatian culture and the social system. The language and knowledge tests might be conducted by higher education institutions, secondary schools or adult education institutions MANAGING MIGRATION AND MOBILITY 4 A new version of the National Border Management Information System (NBMIS) was introduced. The new version performs automated checks of persons, vehicles and documents at border control points. 3. International Protection and Asylum Croatia has harmonised the legal solutions and practices regarding the asylum procedure with the EU acquis and its good practices. On 22 nd November 213, the Croatian Parliament adopted the Act on the amendments to the Asylum Act, which entered into force on 1 th December 213. The Act transposed several EU Directives, including: The Family Reunification Directive (23/86/EC), Qualification Directive (211/95/EU), Minimum Standards for refugee status Directive (25/85/EC), Reception Conditions Directive (23/9/EC) and Temporary Protection Directive (21/55/EC). The Act also regulates the implementation of Council Regulation (EC) 2725/2, Council Regulation (EC) 343/23, Commission Regulation (EC) 156/23 and Regulation (EU) 64/213 of the European Parliament and of the Council. Overall, the quality of the Croatian asylum system has been improved by the amendments to the Asylum Act. For example, it has increased the number of officers assigned to asylum tasks and their 4 Managing migration and mobility refers to the following themes: visa policy, Schengen governance and border monitoring. permanent education through seminars, conferences and international meetings. On the day of its accession to the EU, 1 st July 213, Croatia started implementing the Dublin Regulation. Following this date and until the 31 st December 213, a total number of 386 Dublin cases were registered concerning applications for exit and entry from other Member States, as well as asylum seekers inquiries. According to the Eurodac System, most requests were submitted to Hungary, Bulgaria, Austria and Switzerland, while Greece was excluded. Also, two reception centres for asylum seekers have been established in Croatia. The overall capacity of the centres is 7 persons: 6 people in the centre located in Zagreb and around 1 people in the centre located in Kutina. The latter has been under renovation during 213 and it is intended primarily for the accommodation of vulnerable groups of asylum seekers. A total of 1,89 asylum applications were lodged in Croatia by the end of 213. Croatia has also proactively continued its cooperation and collaboration with European Asylum Support Office (EASO). 4. Unaccompanied Minors and other Vulnerable Groups During 213, the provisions of Return Directive (28/115/EC) with regard to protection of vulnerable groups, minors and unaccompanied minors respectively were also transposed into Croatia s national legislation (Foreigners Act, Law on up-bringing and education in elementary and high school and Law on obliged health insurance and health care of foreigners in the Republic of Croatia). According to the Foreigners Act, a sub-law regarding return of minors would be adopted by end of 214. Following the Migration Policy of the Republic of Croatia for the period , in 213 the Croatian Government adopted a Protocol on the treatment of third-country national children separated from their parents. Croatia reported that in 213 there were 138 asylum applications submitted by minors, 55 of which were unaccompanied minors. 5. Actions against Trafficking in Human Beings The provisions of the trafficking in human beings Directive (211/36/EU) have been also transposed into the national legislation. In addition, the National Plan for Combating Trafficking in Human Beings has been introduced. The plan pays special attention to further strengthening cooperation in criminal proceedings, between the 5 Chapter 6, measure

3 Public Prosecution Service and the MoI, in cases of trafficking in human beings (THB), and to improve methods for victims identification as well as to ensure the protection of the best interests of human trafficking victims. During 213, a Protocol for the identification, assistance and protection of victims of trafficking was also adopted. Also, since 1 st of January 213, the Criminal Code amendments entered into force and dedicated two separate provisions, one related to trafficking in human beings and one related to slavery. 6. External Dimension of EU Migration Policy No further policy developments were undertaken in this area during Irregular Migration In 213, the Croatian government adopted the Migration Policy of the Republic of Croatia for the period The policy includes a dedicated chapter to Irregular migration 6. In addition, readmission agreements with countries of origin and transit of irregular migrants have been foreseen. Croatia has so far signed six readmission agreements and protocols with countries including: Albania, Bosnia and Herzegovina, Montenegro, Kosovo, Macedonia, and Serbia. Regarding Return policy, amendments to the Foreigners Act were included in order to expand the validity of entry ban issued by Croatian authority to third-country nationals, from Croatia s territory to all EU Member States. Although Croatia has not shared practices with other EU Member States, by the end of 212, it has started sharing practices on return through the European Migration Network (EMN) and participating in Contact Committee Return Directive. In addition, one of the measures of the abovementioned Migration Policy (measure 6.3), encourages and foresees the implementation of voluntary return of irregular migrants. Currently, voluntary return is practiced only by issuing return decisions to irregular migrants by the MoI. Overall, Croatia has been a transit country, thus during 213 only very low number of overstays were reported, mostly third-country nationals from neighbouring and regional countries with free visa regimes (Serbia, Bosnia & Herzegovina and Macedonia). In case of overstays Croatia has launched the return procedure and third-country nationals have been returned through readmission procedures. human beings, fundamental human rights, affairs of maritime police forces, visas etc. Furthermore, following the pressure at the Croatian borders during 213, Croatia also participated in three Frontex Joint Operations. Given that Croatia is situated on the Balkan route (Western Balkan), the fight against facilitation of irregular/illegal immigration constitutes a significant threat to the Member State and to the European Union. Such phenomena is expected to further increase in scale as irregular migrants increasingly use Organised Crime Groups' (OCGs ) support and guidance. In order to tackle this issue, Croatia foresees the establishment of Joint Investigation Teams with EU Member States and with third countries for a better information exchange. Also, cooperation agreements for border surveillance have been signed with Bosnia and Herzegovina and Serbia, and an agreement was under preparation with Montenegro. On EU legislation, the Employer Sanctions Directive (29/52/EC) has also been transposed into the Foreigners Act. Also, the EU Directive on liability of carriers to deliver passengers data (24/82/EC) has been transposed by the Law on state border protection (OG 83/13). According to the Law, carriers in air traffic are obliged to deliver certain set of data on passengers to border police at airports. 8. Provision and Exchange of Information to support Policy Development Croatia continues to participate and exchange information with EU agencies such as EASO and Frontex and also through the European Migration Network. In addition, Croatia has been participating in Western Balkan Risk Analysis Network (WB RAN) since 29. The network exchanges statistical data and information related to illegal migration. STATISTICAL ANNEX The Statistical Annex provides an overview of the latest available statistics for Croatia on aspects of migration and asylum ( ), including residence, asylum, unaccompanied minors, irregular migration, return and visas. Where statistics are not yet available, this is indicated in the Annex as N/A. During 213, Croatia also continued to implement the Frontex Joint Programme for basic training of border police. The programme covers all areas of border-police affairs including: EU law, trafficking in 6 Chapter 6- measure 6.4 3

4 Statistical Annex: Immigration and Asylum in Croatia ( ) Figure 1: Temporary residence permits, by reason ( ) 25, 2, 15, 1, 5, Total Family reasons Education reasons Remunerated activities Other reasons : 213 Provisional data from the 213 APR National Statistical Contributions to the EMN. Table 1: Temporary residence permits: Top five third-country nationalities ( ) 1. Bosnia and Herzegovina 8, Bosnia and Herzegovina 5, Bosnia and Herzegovina 5, Serbia 1,81 2. Serbia 1, Serbia 1, Kosovo 1, Kosovo 1,33 3. Kosovo 1,31 4. Germany 1,15 4. Germany Macedonia Slovenia 1,92 5. Slovenia Russian Federation 588 Table 2: Permanent residence permits: Top five third-country nationalities ( ) 1. Bosnia and Herzegovina 4, Bosnia and Herzegovina 5, Bosnia and Herzegovina 6, Serbia 1, Serbia 1,79 2. Serbia 1,71 3. Germany 1, Germany 1, Macedonia Slovenia 1, Slovenia 1, Kosovo Macedonia Macedonia 9 5. China Figure 2: Resident population of third-country nationals ( ) 4, 3, 35,49 31,955 2, 19,192 1, ( ) and Eurostat migration statistics (migr_pop1ctz), extracted 4 June 214 4

5 Figure 3: Asylum applications ( ) 1,4 1,2 1, ,195 1,89 87 Table 3: Asylum applications: Top 5 nationalities ( ) Afghanistan Afghanistan Syria Serbia Somalia Afghanistan Pakistan Algeria Algeria Iran Syrian Arab Republic 86 4.Somalia Palestine Pakistan Tunisia 69 Table 4: Asylum applications ( ) Total decisions Positive decisions Refugee status Of which: Subsidiary protection Humanitarian reasons Negative decisions N/A , N/A , N/A 179 Figures 4-6: Asylum applications positive decisions ( ) % % 3% 9% 213 Granted refugee status 5% 8% Granted subsidiary protection Negative decisions 84% 81% 88% 5

6 Table 5: Unaccompanied minors ( ) Unaccompanied minors (total) N/A N/A N/A Unaccompanied minors not applying for asylum Unaccompanied minor asylum applicants N/A N/A * 7 55 Source: EMN, A Descriptive Analysis of the Impacts of the Stockholm Programme ; *NCP contribution Table 6: Number of third-country nationals refused entry at external borders (213) Third-country nationals refused entry at external borders N/A N/A 1,15 Source: Eurostat migration statistics (migr_eirfs), extracted 4 June 214 Figure 7: Number of third-country nationals found to be illegally present (213) 5, 4, 4,15 3, 2, 1, 213 Source: Eurostat migration statistics (migr_eipre), extracted 4 June 214 Table 7: Third-country nationals returned (213) Third-country Returned as part of Returned Returned through an Assisted nationals ordered to forced return measures voluntarily Voluntary Return Programme leave 211 N/A N/A N/A N/A 212 N/A N/A N/A N/A 213 4, N/A Source: Eurostat migration statistics (migr_eiord), extracted 4 June 214 and Commission Staff Working Document - Accompanying the 5th Annual Report on Immigration and Asylum 213 Table 8: Number of visas issued by type (213) Total visas N/A N/A N/A Schengen visa (short-stay visas) N/A N/A N/A National visa N/A N/A 14,864 Source: EMN, A Descriptive Analysis of the Impacts of the Stockholm Programme