Intra-corporate transferee (ICT) in Croatia

The application is submitted to a jurisdictional police administration/station, depending on the place of residence/intended residence of a third-country national or seat of a company.

An application for a stay and work permit may be submitted either by a third-country national or an employer.

If the application for the stay and work permit is submitted for the first time by a third-country national who is obliged to possess a visa to enter the Republic of Croatia, the third-country national has to submit the relevant application to the diplomatic mission/consular office of the Republic of Croatia.

The administrative fee for issuing a decision on a residence and work permit is EUR 74,32. Moreover, the cost for issuing a biometric residence permit (in the form of a card) is EUR 31,85 for the normal procedure or EUR 59,73 for the accelerated procedure. An additional fee of EUR 9,29 should be added when issuing a biometric residence card, both for the normal and accelerated procedure.

The indicative processing time: 30-60 days.

The process after a permit has been granted, including how the decision is notified as well as when and how to collect the permit in question (including if a visa must be applied for)

The decision on issuing a stay and work permit is decided by the competent department of the police station/police administration according to the place of residence or intended residence of the third-country national. The decision on a stay and work permit is delivered to the third-country national and the employer.

If a third-country national requires a visa to enter the Republic of Croatia, he/she needs to apply for a long-term visa (visa D) in a diplomatic mission/consular office of the Republic of Croatia, or it may be issued by a diplomatic mission, namely the Consulate office of another State with which the Republic of Croatia has concluded a visa representation agreement.

3 days after the entry into the territory, third-country nationals need to register a short-term stay and provide their address in a police station/police administration.

Third-country nationals will be invited to give biometric data in a police station/police administration once on the territory of Croatia in order to be issued with a biometric residence permit (within 30 days after the issuance of a D-visa).

Along with the application form, the following documents should be submitted:

• a copy of the third-country national’s valid travel document,
• a colour photograph (30x35 mm),
• evidence of adequate means of supporting himself/herself,
• evidence of heath insurance,
• a document proving that he/she has not been convicted of criminal offences by a final ruling, which has been issued by his/her home country or a country in which he/she has resided for more than a year immediately prior to arriving in the Republic of Croatia,
• an excerpt from a court register or other evidence that an entity established in the Republic of Croatia and an entity established in a third country belong to the same company or group of companies has to be attached,
• a contract of employment concluded with a company established in a third country,
• the transfer certificate,
• the confirmation from the company that the manager or expert has the necessary qualifications and experience to work in the Republic of Croatia,
• a diploma of a higher education institution (only for trainees).

The enclosed contract of employment and transfer certificate must show the following:

• the details of the duration of transfer and the location of one or more host entities,
• proof that they will assume the position of a manager, expert or trainee in one or more host entities,
• the salary, as well as other terms of employment provided for during the intra-corporate transfer, and
• proof that their transfer back to the company, branch office or representative office established in a third country will be possible upon the completion of the intra-corporate transfer.

The enclosed contract of employment and the transfer certificate must also clearly indicate that the following working conditions will be guaranteed:

• the prescribed maximum work periods and minimum rest periods,
• minimum paid annual leave,
• increased salary for overtime work,
• the prescribed protection of health and safety at work,
• the prescribed prohibition of discrimination,
• the prescribed protection measures for the work of pregnant women, women who have recently given birth and who are breastfeeding, and minor workers, whereby the said working conditions are guaranteed at the level of rights laid down by the legislation of the Republic of Croatia or collective agreements.

The biometric residence permit (card) is issued only on the teritory of the Republic of Croatia, in a competent police station/police administration.

If a third-country national requires a visa to enter the Republic of Croatia after the stay and work permit was granted, he/she needs to apply for a long-term visa (visa D) in a diplomatic mission/consular office of the Republic of Croatia, or it may be issued by a diplomatic mission, namely the Consulate office of another State with which the Republic of Croatia has concluded a visa representation agreement.

3 days after the entry into the territory, third-country nationals need to register a short-term stay and provide their address in a police station/police administration.

Third-country nationals will be invited to give biometric data in a police station/police administration once on the territory of Croatia in order to be issued with a biometric residence permit (within 30 days after the issuance of a D-visa).

The longest duration of transfer can be three years for managers and experts, and one year for trainees, upon which they shall leave the Republic of Croatia, unless they regulate their stay on other grounds.

After this period, the transferee will need to be absent for 6 months before being able to apply for a new ICT permit.

No appeal shall be admissible against the decision of the Ministry.However, an administrative judicial dispute may be instituted against all decisions (first application, family reunification, non renewal or revocation) in line with the Act on Administrative Disputes, Official Gazette, 20/10, 143/12, 152/14, 94/16, 29/17 and 110/21.

All written negative decisions shall include instructions on the legal remedy that shall inform:

• of the possibility to lodge an administrative judicial dispute against the decision,
• before which body,
• in what time limit and
• in which manner.

Which are the competent courts?

Administrative courts (Administrative court in Zagreb, Administrative Court in Split, Administrative court in Rijeka, Administrative court in Osijek).

In line with the Act on Administrative Disputes, Official Gazette, 20/10, 143/12, 152/14, 94/16, 29/17 and 110/21, the administrative dispute shall be submitted to the court within 30 days after the delivery of the written individual decision (first application, non renewal or revocation), if not otherwise prescribed.

An application for the extension of a temporary stay permit must be submitted no later than 60 days before the expiry of the period of validity of the valid temporary stay permit, at a police administration or a police station according to the location of the temporary residence of the third-country national.

A third-country national who has applied for the extension of a temporary stay permit before the expiry of the valid temporary stay permit may remain in the Republic of Croatia until the decision on his/her application becomes enforceable.

Family member may apply for a temporary residence for the purpose of family reunification. An application for temporary stay is submitted to the diplomatic mission or consular post of the Republic of Croatia.

Third-country nationals who are not required to have a visa to enter the Republic of Croatia may also apply for a temporary stay at a police administration/police station according to their intended place of stay, their employer’s head office or their place of work.

The competent police administration or police station processes the residence permit application for the intra-corporate transferee's family members at the same time as the application for the intra-corporate transferee’s permit, in cases where the residence permit application for the intra-corporate transferee's family members is submitted at the same time.

Along with the application, the documents provided must include the following:

• a copy of the third-country national’s valid travel document,
• a colour photograph (30x35 mm),
• proof of the purpose of temporary stay (eg. marriage/birth certificate),
• proof of sufficient means of supporting himself/herself,
• proof of health insurance,
• proof that they have not been convicted by a final ruling of any criminal offences in their home country or a country where they resided for more than one year immediately prior to arriving in the Republic of Croatia (for first permit, dully legalised*).

Family members can work without a residence and work permit.

* If the document is issued outside the Republic of Croatia, it should be subject to an additional procedure so that it can be accepted as authenthic by the national authorities. Applicants shall verify if there is a bilateral or multilateral agreement between the Republic of Croatia and the third country waiving the need of further legalisation, or if the Hague Convention of 5 October 1961 Abolishing the Requirement of Legalisation for Foreign Public Documents simplified the legalisation procedure applies. Additional information can be accessed in this link.

Intra-corporate transferees have the same rights as Croatian citizens in relation to the following:

• the right to participate in strikes and industrial actions, freedom to organise in trade unions and membership of trade unions or any other vocational organisation as well as the rights and benefits provided by such organisations, including the right to collective negotiation and conclusion of collective agreements, which does not bring into question the provisions on public order and public security,
• recognition of degrees, certificates, and other professional qualifications,
• access to supplies and services and the offer of supplies and services which are available to the public, other than procedures for the realisation of accommodation as envisaged in special legislation, without prejudice to the freedom of contract of the Union law and national legislation, and services provided by public employment offices.

An intra-corporate transferee shall exercise his/her rights in accordance with the legislation of the Republic of Croatia and the collective agreement that binds the employer, if any, governing the areas.

Upon the fulfilment of certain conditions, you can, on the basis of an ICT permit issued in one EU country, work in other EU countries if the entity where you will work belongs to the same company. If the duration of your mobility is shorter than 90 days during a 180-day period, you are subject to short-term mobility rules. If the duration of the mobility is longer than 90 days, you are instead subject to long-term mobility rules.

The following procedures apply if you have an ICT permit in an EU Member State and intend to move and work in the Republic of Croatia:

Conditions/requirements for an ICT who is working in another EU country but would like to work as an ICT in the Republic of Croatia for a period shorter than 90 days.

A third-country national who has a valid permit issued for the purpose of an intra-corporate transfer issued by another EEA Member State, may work in an entity established in the Republic of Croatia belonging to the same company or group of companies for a period of up to 90 days in any period of 180 days, without the obligation to grant a stay and work permit or a certificate of work registration.

Applicable procedure

No procedure, but third-country nationals are obliged to register a short-term stay.

A third-country national who has a valid permit issued for the purpose of an intra-corporate transfer issued by another EEA Member State and who intends to work for more than 90 days in an entity established in the Republic of Croatia belonging to the same company or group of companies, the competent police administration or police station may authorise the work and stay permit for long-term mobility.

Applicable procedure

A third-country national who has a valid permit issued for the purpose of an intra-corporate transfer issued by another EEA Member State and who intends to work for more than 90 days in an entity established in the Republic of Croatia belonging to the same company or group of companies has to apply for a stay and work permit for long-term mobility.

A third-country national submits a request for approval of the work and stay permit for long-term mobility in the police administration or police station or to the diplomatic mission/consular office of the Republic of Croatia.

Required documents

Along with application the following documents should be submitted:

• a copy of the third-country national’s valid travel document,
• a colour photograph (30x35 mm),
• evidence of adequate means of supporting himself/herself,
• evidence of health insurance,
• an excerpt from a court register or other evidence that an entity established in the Republic of Croatia and an entity established in a third country belong to the same company or group of companies,
• a contract of employment concluded with a company established in a third country,
• the transfer certificate,
• a confirmation from the company that the manager or expert has the necessary qualifications and experience to work in the Republic of Croatia,
• a diploma of a higher education institution (only for trainees),
• an ICT residence permit issued in another EEA Member State.

A third-country national may work in the Republic of Croatia until his/her application for the approval of the stay and work permit is processed where the application was submitted before the expiration of the short-term stay and where he/she holds a valid permit issued for the purpose of an intra-corporate transfer issued by another EEA Member State.

Third-country nationals must not be subject to an entry and stay ban in the Republic of Croatia and must have no alert been issued in SIS for the purpose of banning their entry. Third-country nationals must not be considered a threat to public policy, national security or public health.

Family members

Family members may apply for a temporary residence for the purpose of family reunification. An application for a temporary stay is submitted to the diplomatic mission or consular post of the Republic of Croatia. Third-country nationals who are not required to have a visa to enter the Republic of Croatia may also apply for a temporary stay at a police administration/police station according to their intended place of stay.

Along with the application, the documents provided include the following:

• a copy of the third-country national’s valid travel document,
• a colour photograph (30x35 mm),
• proof of the purpose of temporary stay (eg. marriage/birth certificate),
• proof of sufficient means of supporting himself/herself,
• proof of health insurance,
• evidence that they have not been convicted by a final ruling of any criminal offences in their home country or a country where they resided for more than one year immediately prior to arriving in the Republic of Croatia (for first permit, dully legalised*).

* If the document is issued outside the Republic of Croatia, it should be subject to an additional procedure so that it can be accepted as uthenthic by the national authorities. Applicants shall verify if there is a bilateral or multilateral agreement between the Republic of Croatia and the third country waiving the need of further legalization, or if the Hague Convention of 5 October 1961 Abolishing the Requirement of Legalisation for Foreign Public Documents simplified the legalization procedure applies. Additional information can be accessed in this link.