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Croatian National Visa - Croatia and their EU rights

The Croatian National Visa allows nationals to apply for a registration certificate to be allowed to work in the UK. The type of registration certificate required will depend on the various factors and whether applicants will be working, self-employed, studying and able to support themselves in the UK.

The Republic of Croatia is expected to join the European Union on 1 July 2013. The Government is committed to applying transitional restrictions on labour market access to nationals of any future Member States of the European Union as a matter of course and such restrictions will therefore be applied to nationals of Croatia when it accedes.

If you are a Croatian national, and would like to get some legal advice on the impact the entry to EU will have on your entry or leave to remain, please e-mail us your details on info@icslegal.com or call us on 0207 237 3388. If you would like to get your circumstances assessed, please complete the form online, by clicking here.

Croatian National Visa Basic Requirements

Depending on the registration certification, applicants may need to satisfy the following:

  • For applicants seeking employment in the UK, applicants will require a licensed UK employer sponsor as well as show passport or identity documentation and may need to apply for a purple and blue registration certificate;

  • For applicants who have a degree from a UK institution, they might need to be sponsored or have a purple registration certificate;

  • For applicants with an endorsement from an approved organization, they may still need to apply for a blue registration certificate;

  • For student applicants or applicants seeking self-employment, applicants may need to apply for a yellow registration certificate.

The transitional restrictions which the Government intends to apply to Croatian nationals after 1 July 2013 will have the effect of continuing to apply the employment restrictions to which Croatian nationals are subject under the existing Immigration Rules for third country workers. Croatian nationals will be able, as they are now, to obtain permission to work in skilled occupations but, unless they are exempt from the restrictions or their employment is incidental to the exercise of another Treaty right (for example, they are studying here), they will not be given permission to take low skilled work.

Croatian nationals are currently subject to immigration control under the Immigration Act 1971 and, where they are seeking to enter or remain in the United Kingdom for the purpose of employment, they will normally need to obtain leave to enter or remain under the relevant provisions of the Points Based System (PBS). Croatian nationals seeking to enter or remain in the United Kingdom for the purpose of skilled work will normally need to qualify under Tier 2 of the PBS and applications for leave to enter under these arrangements are subject to annual limits. There are separate arrangements under Tier 1 of the PBS for high value economic migrants (entrepreneurs, investors and the exceptionally talented) and under Tier 5 for temporary workers

After 1 July 2013, Croatian nationals will no longer be subject to immigration control and will have an unrestricted right to enter and reside (but not to work) in the UK for up to 3 months. They will therefore no longer require leave to enter or remain in the UK, whether or not they intend to take employment.

Under the transitional restrictions which the Government intends to introduce, Croatian nationals will instead be subject to a requirement to obtain work authorisation if they intend to undertake employment in the UK. Where they are required to obtain such work authorisation, a Croatian worker will be able to work legally and will have a right to reside beyond 3 months as a worker only where such authorisation has been granted by the UK Border Agency, and will not have a right to reside as a work seeker. It will be necessary to obtain such authorisation before the worker commences employment in the UK. As explained below, authorisation will only be granted to those Croatians who meet the requirements for skilled economic migrants, as obtained for Tiers 2 and 5 of the Points-Based System at December 2011.

How to meet the requirements of EU legislation

  1. You must be working, self-employed, studying, or able to support yourself to stay in the UK longer than 3 months.

  2. Working for someone else (an employee). You might need to apply for a purple registration certificate to be able to work. A licensed UK employer must sponsor you first. You can apply for a purple registration certificate before you come to the UK. 

  3. You can apply for a blue registration certificate if you don’t need a purple certificate or any other documents to work in the UK. 

  4. The blue certificate isn’t essential, but it’s useful because employers will know you don’t need to show them any additional documents to prove that you can work in the UK.

  5. You might still need to show employers your passport or identity card to prove that you’re Croatian.

  6. If you have a degree from a UK institution. You don’t need to be sponsored or have a purple registration certificate - but you still need to apply for a blue registration certificate to prove your right to work in the UK. You need to be in the UK to apply.

  7. If you have a Tier 1 (Exceptional Talent) endorsement. You don’t need to be sponsored or apply for a purple registration certificate if you have a Tier 1 (Exceptional Talent) endorsement. You still need to apply for a blue registration certificate to prove your right to work in the UK. 

  8. Working for yourself (self employed). You don’t need permission to work for yourself. 

  9. You can choose to apply for a yellow registration certificate to prove your right to work for yourself. You need to be in the UK to apply.

  10. Studying. You need to apply for a yellow registration certificate if you want to work while you study. You need to be in the UK to apply. 

  11. Your family members. Your family members can also work in the UK if they’re eligible.

The above are only general information, and does not substitute legal advice. Call us today on 0207 237 3388 or complete our contact form to request a call back, by clicking here

 

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