Wednesday, 1 September 2021

Resident Brits in Croatia: Wrongly Stamped Passport Won't Affect Rights

September the 1st, 2021 - We have been receiving many reports of resident Brits in Croatia having their UK passports stamped at the border when entering and/or exiting Croatia. While this shouldn't be happening, these stamps are just a meaningless little souvenir and will not have any effects on your rights under the Withdrawal Agreement (WA).

Brexit has been done and dusted, and while there are still growing pains, the ongoing global coronavirus pandemic has overshadowed most of the infighting and arguing between the bloc and the Northern European island nation. With the economic part of the new relationship between the bloc, of which the UK was a powerful member for 40 years, and the UK still finding its feet, the situation with citizens' rights which plagued those affected for years has all but been cleared up.

There are, just like with everything else, certain issues still. One issue is resident Brits in Croatia having their British passports stamped upon entry and exit. It is important to state that this isn't happening all the time, but it is still happening where it shouldn't be. Here's how you can try to avoid it, and if it does happen, don't sweat it.

If you are a resident Brit in Croatia covered by the Withdrawal Agreement, you'll already (hopefully anyway) have your new ID/residence card which documents that right under Paragraph 4, Article 18 of the Agreement. This protects you and your acquired rights as you had exercised them under the freedom of movement laws which once applied to you as an EU citizen.

When crossing the Croatian border (either entering or exiting), you should always show your Croatian ID/residence card along with your British passport to the border guard in order to avoid any questioning as to your reason for entry/your reason for having been in the country and to showcase your rights.

We've been receiving reports, as stated previously, from Brits who are covered by the WA, some of which had permanent residence before Brexit even happened, who are now having their passports stamped by Croatian border guards. Naturally, this makes them worry for their rights and wonder why they, as legal tax paying residents, are being lumped in with visiting British tourists.

We have investigated why this is happening and have been assured that although it shouldn't be, it isn't anything to be concerned about and it doesn't affect your rights in any way whatsoever. The stamps can be looked upon as a little souvenir which carry no weight. As long as you can evidence that you are a legal resident of Croatia, any stamps you might have collected on your trips in and out of Croatia are meaningless.

Hopefully, as the consequences of Brexit settle and the UK and the EU's new relationship becomes the norm, such situations will stop happening. In any case, there is no need to worry about Croatian passport stamps in the UK passports of resident Brits in Croatia.

If you're a serial stamp collector despite having shown the border guard your ID/residence card and this article fails in easing your concerns, you can contact the British Embassy in Zagreb and voice your worries by clicking here.

For more, make sure to follow our politics section.

Saturday, 5 June 2021

Brits Living in Croatia Have Until June 30 to Register for New Status

June the 5th, 2021 - 2021 has so far flown by in the blink of an eye and summer is knocking at Croatia's door. Brits living in Croatia must make sure to register for their new status via the declaratory system MUP has set up before the 30th of June this year in order to have a carefree summer.

The UK's Withdrawal Agreement with the European Union guarantees the rights of EU citizens living in the UK and of UK citizens living elsewhere in the EU. The UK opted for something called Pre-settled and Settled status.

Different EU countries opted for different approaches to enshrining the rights of their resident British nationals following the UK's withdrawal from the bloc, and Croatia chose a declaratory system by which legally resident Brits simply register for a new residence card/document which evidences their acquired rights.

Instead of writing in full what needs to be done again for those who missed the last article, I'll simply link it here.

Brits living in Croatia need to follow the instructions provided in the above link for their specific situation. If you're a temporary resident and haven't yet gained permanent residence in Croatia, the procedure will be slightly different for you as in some cases you might (or you might not) be asked to provide more documents in order to determine your basis for continuing to live in Croatia.

In any case, be ready to have more documents on hand in case you're asked for them.

If you're a permanent resident already and became one before the UK's transition period ended on December the 31st, 2020, you are no longer subject to any requirements and the system of declaration will be very simple.

More information about what might be asked of you and what you'll need to provide, as well as the corresponding forms you need to fill in when submitting your documents depending on your current status (temporary or permanent resident) are provided in the link above. The email addresses of each administrative police station are also provided, as your registration must go to the police station responsible for your area of registered residence.

A quick jargon buster:

This is a declaration system to evidence your acquired rights, this isn't a new application for a new status.

You need to have been legally registered as living in Croatia in order to fall into the scope of protection offered by the Withdrawal Agreement.

The registration procedure is free, you only need to pay for new photos (if you don't already have some on hand) and just under 80 kuna as an admin fee for the new card to be made.

If Brits living in Croatia fail to submit their documents for registration for their new residence cards, they will not lose their rights, but may face an administrative fine and potential complications which aren't worth the hassle. Make sure to register for your new cards and before the end of this month. Don't risk your rights.

For more, make sure to follow our lifestyle section.

Friday, 15 January 2021

Brexit Brits in Croatia: How to Register Residence Under Article 75

January the 15th, 2021 - The United Kingdom has officially left the European Union (no, really this time) and its transition period which ran until December the 31st, 2020, has now ended. The UK is now a third country and that carries implications for its citizens. How are Brexit Brits in Croatia affected and how can they secure their legal residence status? 

I have been covering residence rights, citizenship and all things Brexit for a while now, and with a number of in depth articles easily accessible and regularly updated, I thought it would be best to do a quick and simple one on how Brexit Brits in Croatia can make sure their residence and other related rights go unaffected now the UK's transition period has drawn to a close.

I recently wrote an article explaining the ins and outs of the Withdrawal Agreement, you can read that here. Now let's get down to business by outlining some basic points which can be read about in more detail in the aforementioned link.

1) If you were resident in Croatia (legally) before the end of the UK's transition period - you are protected by the Withdrawal Agreement and can stay, enjoying broadly the same rights as you did before.

2) You do not need to apply for a new residence status, you are merely registering the fact that you are covered by the Withdrawal Agreement and as such as obtaining a new ID card which no longer has the letters EGP (Europski gospodarski prostor/European Economic Area) on it, but Article 75 (the law you are now protected by). The system is one of declaration pursuant to Article 18, paragraph 4 of the Agreement.

3) Once you have permanent residence as a British citizen covered by the Withdrawal Agreement, you are free to be absent from Croatia for five consecutive years without losing any of your rights.

4) Family members (such as current spouses and registered partners, parents, grandparents, children) may join their family member in the future.

5) Children born after the transition period will also be protected by the Withdrawal Agreement, wherever they are born.

Now that is out of the way, let's look at just what you need to do. As explained by MUP, you are protected and covered by the Withdrawal Agreement but you still need to take a few administrative steps which should be painless (I know, I can hear the laughter). Let's look at what you need to do.

The residence status of British nationals and their family members will be regulated pursuant to Article 18, paragraph 4 of the Agreement (which is a declaratory scheme). Accordingly, British nationals and their family members who are subject to the Withdrawal Agreement will not be obligated to apply for a new residence status as a requirement for their legal residence in Croatia. Rather, a declaratory system will be applied on the basis of which British nationals and their family members will have a residence status on the basis of the very fact that they meet the conditions laid down in the Agreement and will continue to have the said status for as long as they meet these conditions. This means that their residence status is not subject to the constitutive decision of the competent authority.

The conditions of residence are, and will remain, the same as those under current European Union law on free movement. In essence, British nationals meet these conditions if they are any of the following:

1) Workers or are self-employed.

2) Are enrolled at a private or public establishment, for the principal purpose of following a course of study, including vocational training; and have health  insurance and sufficient resources for themselves and their family members.

3) Have sufficient resources and health insurance.

4) Are family members of another person who meets these conditions.

5) Have already acquired the right of permanent residence and are therefore no longer subject to any conditions.

So how do Brexit Brits go about registering for their new ID cards under this declaratory scheme? 

If you already hold permanent residence in Croatia:

If you're already a permanent resident (you have lived in Croatia lawfully for five years or more), you are no longer subject to any conditions and you will need to send a copy of your valid passport or travel document (this can be an ID card but if you're British you'll know this isn't really a thing in the UK) and fill in Form 9B. You will need to send these documents in PDF form via email to the administrative police station responsible for your area/for the area in which your permanent residence is registered.

If you have acquired the right to permanent residence but have never registered and as such don't have a residence card, you will need to demonstrate sufficient evidence that you have lived in Croatia for five years or more and still do.

A list of administrative police stations and their email addresses and contact numbers can be found at the bottom of this page.

If you hold temporary residence in Croatia:

If you're a temporary resident (you have lived in Croatia lawfully for less than five years), you will need to fill in Form 7B and send a copy of your valid passport/travel document, you will need to send these documents in PDF form via email to the administrative police station responsible for your area/for the area in which your temporary residence is registered.

If you have never registered and as such don't have a temporary residence card, you will need to demonstrate sufficient evidence that you have lived in Croatia in line with the EU's freedom of movement laws and still do.

A list of administrative police stations and their email addresses and contact numbers can be found at the bottom of this page.

If you're the family member of a British national covered by the Withdrawal Agreement:

If you're the family member of a British national (you obtained the right to live in Croatia as the family member of an EEA citizen) you will need to fill in Form 8B and send a copy of your valid passport/travel document, you will need to send these documents in PDF form via email to the administrative police station responsible for your area/for the area in which your residence as the family member of an EEA/British national is registered.

If you have never registered and as such don't have a temporary residence card, you will need to demonstrate sufficient evidence that you have lived in Croatia in line with the EU's freedom of movement laws as the family member of an EEA/British and still do.

A list of administrative police stations and their email addresses and contact numbers can be found at the bottom of this page.

I don't have a residence card/resident status, what documents should I present?

A work contract, certificate of employment issued by the employer (clearly stating employment period, OIB, seat of the company), proof of self-employment.

Proof of enrollment at an establishment for following a study, including vocational training.

Rental agreement or property sale contract, or title deed.

Utility bills, bank statement covering certain period.

Proof of covering health insurance costs/using health insurance.

Documents proving family ties.

Narodne Novine also explains what documents are needed if you want to read it in Croatian.

British citizens living in Croatia have until the 30th of June 2021 to register. They will not lose any rights if they fail to do so, but they may face an administrative fine if they fail to meet the deadline.

Search