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EMN FOCUSSED STUDY 2015
Changes in immigration status and purpose of stay:
an overview of EU Member States approaches
Top-line “Factsheet” (National Contribution)
Overview of the National Contribution – introducing the study and drawing out key facts and figures from across all
sections of the Focussed Study, with a particular emphasis on elements that will be of relevance to (national)
policymakers.
Section 1: Overview of national migration system in place regarding changes of status
This section aims to provide a general overview of the (Member) State national migration system in relation to
status changes for third-country nationals from within the territory of the Member State. It aims to provide a brief
overview of the debates (being) held in the (Member) States on necessities and possibilities of migration status
changes and what policy changes are considered. It also briefly aims to suggest the main drivers/reasons behind
changes of status being promoted that can take place from within the territory of the (Member) State (without the
third-country nationals being required to leave the (Member) State’s territory).
EMN NCPs are asked to fill in the following box.
In Croatia switching grounds for residing in the country is possible between all categories under Foreigners Act
(Official Gazette no. 130/2011, 74/2013). For instance, a person residing in the Republic of Croatia with a
residence permit issued for the purpose of family reunification, when applying for extending of temporary
residence, can before the rendering of the first instance decision, change their purpose of stay into any other
purpose (education, research, blue card, employee, self-employed, business owner, seasonal worker, ICT,
investor, victim of trafficking). The requirements for issuing a residence permit under “new, switched” grounds
are the same as when a first residence permit was applied for on the same grounds.
Also, a person granted residence permit under Foreigners Act, can lodge an application for international
protection.
However, applicants for international protection do not have the right to lodge an application for approval of stay
pursuant to the provisions of the Foreigners Act. Asylees and foreigners under subsidiary protection do not have
the right to lodge an application for approval of temporary or autonomous stay pursuant to the provisions of the
Foreigners Act.
Croatian Foreigners Act does not define the change of status however Croatian General Procedure Administrative
Procedure Act makes it feasible. An application for the extension of residence can be modified and submitted to
the Police Administration or Police Station.
i. General overview of national migration system in relation to status changes:
Croatian Foreigners Act does not define the “change of status” nor does prescribe the conditions for this change.
Croatian General Administrative Procedure Act prescribes that before the rendering of the first instance decision
in the administrative matter a party may amend his/her application or file another one, when such applications
are based on the same or essentially similar facts. Therefore, TCNs issued with a temporary residence or a
residence and work permit, when applying for the extension of the permit can, before the rendering of the first
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Section 2: Overview of admission criteria
This section aims to provide an overview of the initial admission criteria or the criteria for issuing a particular
authorisation to stay/residence permit applied by Member States in order admit all categories covered by the scope
of the study. It also investigates the rights attached to each status as well as the requirements incumbent on the
applicant.
This section will also include an overview of the current EU legal framework and the existing provisions relevant to
the scope of the Study. This part will be elaborated by the EMN Service Provider.
EMN NCPs are asked to answer the following questions, at times guided by a non-exhaustive list of prompts of pre-
defined tables.
Q1. How does the national legislation of your (Member) State define the categories of third-country nationals covered by this study? Please complete the table below by listing also the admission criteria for each category listed.
EMN NCPs are asked to use the pre-compiled box marked ‘example’ as reference.
Category National definition Admission criteria
Example
Provide the national definition.
EMN NCPs are asked to briefly provide the definition under their national legislation in order to clearly understand who is admitted under such category. No detailed information on legal basis are necessary.
List criteria required for the admission.
EMN NCPs are asked to provide a complete list of all criteria a third-country national has to meet in order to be admitted under this specific category.
Family
According to the provisions of the Foreigners Act, residence permits issued on the basis of family ties (family member of foreigner granted permanent/temporary residence or granted protection pursuant to provisions of International and Temporary Protection Act) can be issued to:
1. spouses,
2. common law partners,
3. minor children of married couples and common law partners, their minor adopted children and minor children of each of them, who have not formed families of their own,
4. parents or adopted parents of
Temporary residence for the purpose of family reunification may be granted to a foreigner who meets conditions referred to in Article 54 of Foreigners Act (general requirements for approval of temporary residence):
1. justifies the purpose of temporary residence,
2. holds a valid travel document,
3. has means of supporting himself;
4. has health insurance,
5. his entry and residence in the Republic of Croatia is not prohibited,
6. does 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 International and Temporary Protection Act shall not be obliged to meet the criteria concerning the means of supporting
and health insurance for the approval of temporary residence for the
instance decision in the administrative matter, amend his/her application or file another one, changing their
purpose of stay.
ii. Brief overview of national debate in the Member State
N/A
iii. Main drivers / reasons behind changes of status promoted by legislators
N/A
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Category National definition Admission criteria
minor children.
Exceptionally, any other relative may also be regarded as a member of the nuclear family of a foreigner granted temporary or permanent residence and a foreigner granted asylee status, if there are special personal reasons or serious humanitarian grounds for the family reunification in the Republic of Croatia.
Exceptionally, a member of the nuclear family of a foreigner residing in the Republic of Croatia on the basis of the valid residence and work permit issued for the period of one year in accordance with annual quota set for employment of foreigners, may be granted temporary residence for the purpose of family reunification, only if a foreigner with whom reunification is requested in the Republic of Croatia has already been granted temporary residence for at least 2 years.
Temporary residence for the purpose of family reunification shall not be granted to a family member of a foreigner who has been granted temporary residence and work
permit for the purpose of seasonal work.
In the event of a polygamous marriage, family reunification at the
territory of the Republic of Croatia shall be permitted to only one spouse.
Family reunification shall not be authorized if a spouse or a common law partner is married or is in a long-lasting relation with another person.
Within the meaning of Foreigners Act, the common law marriage means the union of life of an unmarried woman and unmarried man of at least three years in duration or shorter if a child was born into such a union.
purpose of family reunification.
Education
Temporary residence for the purpose of studies shall be granted to a foreigner meeting the conditions laid down by Foreigners Act and provided that he/she
1. is studying at a higher education institution of the Republic of Croatia,
2. is arriving under the exchange of students, i.e. mobility of young persons, or 3. is arriving for the purpose of internships through the authorized institution or following
Temporary residence for the purpose of studies may be granted to a foreigner who meets general conditions for approval of temporary residence:
1. justifies the purpose of temporary residence,
2. holds a valid travel document,
3. has means of supporting himself;
4. has health insurance,
5. his entry and residence in the Republic of Croatia is not prohibited,
6. does not pose a danger for public order, national security or public health, and provided that he/she is: 1. is studying at a higher education institution of the Republic of Croatia, 2. is arriving under the exchange
of students, i.e. mobility of young persons, or 3. is arriving for the purpose of internships through the authorized institution or following
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Category National definition Admission criteria
international or inter-university agreements.
international or inter-university agreements.
Research
Temporary residence for the purpose of scientific research shall be granted to a foreigner if he has concluded a visiting contract and meets the conditions referred to in Foreigners Act, excerpt for the condition referring to health insurance.
A foreigner who has concluded a visiting contract in the EEA Member State and based on which he was granted residence in the state concerned, may, in order to conduct his research, reside in the Republic of Croatia for a period of up to three months without a residence and work permit or a work registration certificate, provided that he has funds to support himself and does not represent a danger for public order, national security and public health.
A foreigner who has concluded a visiting contract in the other EEA Member State, based on which he was granted residence in the state concerned, and if he wants to work
in the Republic of Croatia for the period longer that three months for the purpose of conducting his research, shall be obliged to regulate temporary residence for the purpose of scientific research.
Temporary residence for the purpose of scientific research shall be granted to a foreigner if he has concluded a visiting contract and meets general conditions:
1. justifies the purpose of temporary residence,
2. holds a valid travel document,
3. has means of supporting himself;
4. his entry and residence in the Republic of Croatia is not prohibited,
5. does not pose a danger for public order, national security or public health.
Blue card
A residence and work permit shall be granted to a highly qualified third-country national who, along with meeting the general requirements referred to in Foreigners Act, encloses the following:
1. an employment contract or other relevant contract for the performance of highly qualified jobs, in the duration of one year at least,
2. proof of university education or completed undergraduate or graduate university studies or an integrated undergraduate and graduate university study or specialized graduate occupational study.
A residence and work permit shall be granted to a third-country national who, along with meeting the general requirements referred to in Foreigners Act:
1. justifies the purpose of temporary residence,
2. holds a valid travel document,
3. has means of supporting himself;
4. has health insurance,
5. his entry and residence in the Republic of Croatia is not prohibited,
6. does not pose a danger for public order, national security or public
health, encloses the following:
1. an employment contract or other relevant contract for the performance of highly qualified jobs, in the duration of one year at least,
2. proof of university education or completed undergraduate or graduate university studies or an integrated undergraduate and graduate university study or specialized graduate occupational study.
The enclosed employment contract or other relevant contract must indicate the gross annual salary which may not be less than 1.5 of the average gross annual salary paid in the branch in which a third-country national is to be employed, following the official data published by the competent statistical body.
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Category National definition Admission criteria
Highly qualified workers
No definition -
Employee
No definition in Foreigners Act, but there are several different types of residence and work permit that can be issued to a TCN for working in the Republic of Croatia (e.g. residence and work permit further to the annual quota for employment of foreigners, outside annual quota 1. daily migrant workers, under
reciprocity condition, 2. key personnel, service providers, workers and their family members, whose status is regulated by the Stabilization and Association Agreement between the European Communities and their Member States and the Republic of Croatia, 3. foreigners holding key positions in companies, branch offices and representative offices, 4. foreigners transferred as part of internal staff relocation inside companies and other necessary persons, as defined by the Protocol on the Accession of the Republic of Croatia to the Marrakesh Agreement Establishing the World Trade Organization, 5. a foreigner, self-employed in his own company or in a company in which he holds a share exceeding 51% or in their own craft (see self-employed) 6. a worker providing services on behalf or in the name of a foreign employer, who is not entitled to business settlement in the member state of the EEA, 7. teachers and lecturers at educational institutions in the language and script of a national minority, 8. professional athletes or sport workers working in the Republic of Croatia, 9. artists working in cultural institutions in the Republic of Croatia, 10. foreigners employed in foreign associations registered as foreign associations in the Republic of Croatia and in at least three other states, 11. foreigners who are members of
the trust bodies of the representative offices of foreign trusts and foundations registered in the Register of the Representative Offices of Foreign Trusts and Foundations in the Republic of Croatia,
The residence and work permit further to the annual quota shall be granted to a foreigner who meets the general criteria (referred to in Article 54 of Foreigners Act):
1. justifies the purpose of temporary residence,
2. holds a valid travel document,
3. has means of supporting himself;
4. has health insurance,
5. his entry and residence in the Republic of Croatia is not prohibited,
6. does not pose a danger for public order, national security or public health, and encloses the following, and who encloses the following:
1. an employment contract or a written certificate of the concluded employment contract or other relevant proof of employment, 2. proof of the educational qualification acquired and the skills of the foreigner, 3. proof of the registration of a company, branch office, representative office, craft, association or institution in the Republic of Croatia.
The residence and work permit outside the annual quota shall be granted to a foreigner who meets the general criteria (referred to in Article 54 of Foreigners Act):
1. justifies the purpose of temporary residence,
2. holds a valid travel document,
3. has means of supporting himself;
4. has health insurance,
5. his entry and residence in the Republic of Croatia is not prohibited,
6. does not pose a danger for public order, national security or public health, and encloses the following, and encloses the following:
1. an employment contract or a written certificate on the concluded employment contract or other relevant contract,
2. proof of the educational qualification acquired and the skills of the foreigner, 3. proof of the registration of a company, branch office, representative office, craft, association or institution in the Republic of Croatia, 4. an explanation why the employment of the foreigner is justified, including information on his professional knowledge, qualification and working experience and reasons why the position cannot be fulfilled from the Croatian national labour market. For some cases it is not necessary to enclose an explanation of the justifiability of employment of a foreigner, and in some cases it is not necessary to enclose proof of the educational qualification acquired and the skills of the foreigner (e.g. foreigners holding key positions in companies)
A residence and work permit may be issued to a foreigner holding key positions in companies, branch offices and representative offices, if he meets the criteria referred to above (criteria concerning residence and work permit outside annual quota) and meets additional criteria: 1. that value of share capital of the company, i.e. assets of the limited liability partnership or general partnership exceeds the amount of HRK 100.000,00, 2. at least three Croatian nationals are employed in the company, the branch office or representative office of a foreign company on jobs other than the procurator, member of the management board or supervisory board, and 3. his gross salary corresponds, at least, to the amount of an average gross salary paid in the Republic of Croatia in the previous year, following the official data of the competent statistical body.
If there are several foreigners performing key activities for the same employer, a residence and work permit may be issued provided that:
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Category National definition Admission criteria
12. foreigners working under youth mobility programmes, carried out by the Republic of Croatia in cooperation with other states, 13. scientists and foreigners employed in scientific legal entities to perform scientific work, teaching or other research positions, 14.university professors-native speakers of foreign languages, foreign language instructors and other lecturers at the Croatian universities or registered schools for foreign languages, 15. foreigners working pursuant to an international treaty, other than the treaty referred to in Article 79, Paragraph 1, Point 2 of this Act.
Foreigner holding key activities in a company, branch office or representative office of a foreign company shall be considered:
1. a person having a higher rank in a company, branch office or representative office, person managing business activities, person under the general supervision or management of the management board or shareholders or members of the company and a person carrying out some identical activity, including:
- managing work of the company's divisions or subdivisions;
- monitoring and supervision of the work of other employees, i.e. carrying out of supervisory or managerial tasks,
- authorization to employ and dismiss workers and to give recommendations related to employment, dismissal or other personnel related tasks,
2. a person working in a company, branch office or representative office who possesses special professional knowledge and/or powers indispensable for providing services, using research equipment, applying technology or carrying out the business operations of a company, branch office or representative office.
Also, a residence and work permit outside annual quota can be issued to the next category of foreigners: 1. scientists on scientific and professional specialization, scientists-representatives of international organizations and
1. for each foreigner employed, there are at least five Croatian nationals employed on jobs other than procurator, member of the management board or member of the supervisory board, 2. value of share capital of the company, i.e. assets of the limited liability partnership or general partnership exceeds the amount of HRK 100.000,00, and 3. their gross salaries correspond, at least, to the amount of an average gross salary paid in the Republic of Croatia in the previous year, following the official data of the competent statistical body.
A residence and work permit may be issued to the foreigner-worker providing services on behalf or in the name of a foreign employer, who is not entitled to business settlement in the member state of EEA, provided that he meets the conditions referred to above (criteria concerning residence and work permit outside annual quota), and provided that the service provider is employed with a foreign employer and has adequate qualifications, and that the foreign employer concluded a contract with a company or craft in the Republic of Croatia. The services concerned should involve specific high technology services and provision of such services should be of
particular interest for the Republic of Croatia.
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Category National definition Admission criteria
scientists who are to participate in the implementation of scientific projects important for the Republic of Croatia,
2. administrative staff, experts,
teachers and lecturers of foreign cultural, educational and scientific institutions performing a job in the Republic of Croatia as part of a cultural and educational cooperation program, and administrative staff, experts, teachers and lecturers of foreign cultural, educational and scientific institutions having their branch offices in the Republic of Croatia, provided that they originate from the home institution,
3. civilian and military officials of the governments of other states arriving to the Republic of Croatia to work further to a cooperation agreement with the Government of the Republic
of Croatia,
4. foreign correspondents, accredited in the Republic of Croatia or foreign media reporters,
5. representatives and the staff of religious communities performing jobs exclusively related to religious or charitable service,
6. foreigners arriving, through Croatian associations or institutions, as volunteers to working camps or to work on similar working and education programs, or students arriving to perform internship in Diplomatic Missions and Consular Offices accredited in the Republic of Croatia,
7. volunteers working without pay in non-profit associations and institutions in the Republic of Croatia in accordance with special regulations or based on international exchange and volunteer cooperation programs,
8. foreigners arriving to the Republic of Croatia to as interns of companies, branch offices or representative offices owned by foreign companies, provided that the foreigners arrive from the registered office of such a company or from its representative office or branch office in some other state,
9. foreigners performing supervision and inspection of overhaul and shipbuilding and foreigners performing supervision or inspection of the production and installation of
For this category of foreigners, a residence and work permit can be issued if the intend to reside and work in the Republic of Croatia for longer than 90 days, fulfill the next conditions:
1. justifies the purpose of temporary residence,
2. holds a valid travel document,
3. has means of supporting himself;
4. has health insurance,
5. his entry and residence in the Republic of Croatia is not prohibited,
6. does not pose a danger for public order, national security or public health, and encloses the following, and enclose proof on performing business and duration of such a business in the Republic of Croatia.
Exceptionally, foreigner referred in point 11, shall not be obliged to submit proof of health insurance, except when the program rules regulate differently.
Also, foreigners referred to in point 7, have to be between 18 and 65 years and have to conclude a contract on volunteering in conformity with special regulations on volunteerism. An organization at which a foreigner shall work as a volunteer must assume full responsibility for a foreigner during his volunteering, including living expenses, accommodation, food, health insurance and return.
Also, foreigners referred to in point 13, have to enclose proof on internship to be conducted with legal entity or physical person, institution or association, recognized by a competent body for activity of internship.
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Category National definition Admission criteria
equipment, machinery and other facilities under an export or order contract of a foreign client,
10. foreigners working on foreign vessels and are registered as crew members,
11. foreigners carrying out professional practice, training or volunteer work within the Community Programs, Lifelong Learning, Youth in Action, other international programs and other programs and initiatives carried out by the body competent for education and science and the body competent for volunteerism,
12. experts in the area of cultural heritage protection, library and
archives science,
13. foreigners carrying out professional training or education of workers employed by the legal entities and physical persons in the Republic of Croatia.
Self-employed
. A residence and work permit outside the annual quota may be issued to a foreigner, self-employed in his own company or in a company in which he holds a share exceeding 51% or in their own craft.
A residence and work permit may be issued to a foreigner self-employed in his own company or in a company in which he holds a share exceeding 51% or in their own craft, if he meets the next conditions: :
1. justifies the purpose of temporary residence,
2. holds a valid travel document,
3. has means of supporting himself;
4. has health insurance,
5. his entry and residence in the Republic of Croatia is not prohibited,
6. does not pose a danger for public order, national security or public health, and encloses the following, and who encloses the following, and who encloses the following:
1. an employment contract or a written certificate on the concluded employment contract or other relevant contract (not for craft-owner), 2. proof of the registration of a company, branch office, representative office, craft, association or institution in the Republic of Croatia, and provided that: 1. he invested at least HRK 200.000,00 in the establishment of a company or craft,
2. at least three Croatian nationals have been employed,
3. his gross salary corresponds, at least to the amount of an average gross salary paid in the Republic of Croatia in the previous year, following the official data of the competent statistical body, if it concerns a foreigner, self-employed in his own company or in a company where he holds an ownership of share exceeding 51 %, while a foreigner, self-employed in his own craft business shall be obliged to prove the same amount of income, realized through such an employment,
4. the company or craft runs a business without losses,
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Category National definition Admission criteria
5. he encloses proof of the settled tax obligations and contributions in the Republic of Croatia.
Exceptionally foreigner applying for first residence and work permit in a newly established craft, have to provide the following: proof that the business has been registered in the Register of Crafts and Trades, and the proof of having met the requirements of investment in tangible and intangible assets in the amount of HRK 200,000. Once the first stay and work permit outside the annual quota has been issued, an alien has to submit to the competent police administration or a police station, no later than 6 months, a sole trader licence or a decision on registering the first day of work of his/her business and copies of contracts of employment and health and pension insurance registration for at least 3 Croatian nationals.
Business owner See the definition above for self-employed foreigner
Seasonal worker
Residence and work permit can be issued further to the annual quota for employment of foreigners, if a quota for seasonal employment is determined.
If the annual quota for seasonal employment is determined, the residence and work permit further to the annual quota can be granted to a foreigner who meets the following criteria:
1. justifies the purpose of temporary residence,
2. holds a valid travel document,
3. has means of supporting himself;
4. has health insurance,
5. his entry and residence in the Republic of Croatia is not prohibited,
6. does not pose a danger for public order, national security or public
health, and encloses the following, and who encloses the following, and who encloses the following: 1. an employment contract or a written certificate of the concluded employment contract or other relevant proof of employment, 2. proof of the educational qualification acquired and the skills of the foreigner, 3. proof of the registration of a company, branch office, representative office, craft, association or institution in the Republic of Croatia.
A foreigner to whom a residence and work permit was issued for the performance of seasonal work may reside in the Republic of Croatia for at most six months in the course of one year, and he must reside outside the Republic of Croatia for at least six months before re-entering and residing in the Republic of Croatia for the purpose of work is made possible to him.
ICT
Residence and work permit outside the annual quota may be issued to foreigners transferred as part of internal staff relocation inside companies and other necessary persons, as defined by the Protocol on the Accession of the Republic of Croatia to the Marrakesh Agreement Establishing the World Trade Organization.
Residence and work permit can be granted to a foreigner who meets the following criteria:
1. justifies the purpose of temporary residence,
2. holds a valid travel document,
3. has means of supporting himself;
4. has health insurance,
5. his entry and residence in the Republic of Croatia is not prohibited,
6. does not pose a danger for public order, national security or public health, and encloses the following, and who encloses the following: 1. an employment contract or a written certificate on the concluded employment contract or other relevant contract, 2. proof of the registration of a company, branch office, representative office, craft, association or institution in the Republic of Croatia. Residence and work permit shall be issued with the term of validity of up to two years, provided that the shorter time period for issuance of a residence and work permit was not requested.
Investor A residence and work permit outside the annual quota may be granted to
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Category National definition Admission criteria
the foreigner who meets the general criteria (referred to in Article 54 of above said Act), and who: 1. performs key activities in a company, or who holds an ownership of share in such a company of at least 51%, and a company is: - a holder of incentive measures in accordance with a regulation on investment promotion, or, - carries out strategic investment projects in conformity with regulation on strategic investment projects of the Republic of Croatia. For definition of key activities see the definition in the employee
section.
A Residence and work permit outside the annual quota may be granted to the foreigner who meets the criteria referred to in Article 54 of this Act: 1. justifies the purpose of temporary residence,
2. holds a valid travel document,
3. has means of supporting himself;
4. has health insurance,
5. his entry and residence in the Republic of Croatia is not prohibited,
6. does not pose a danger for public order, national security or public health, and who: 1. performs key activities in a company, or who holds an ownership of share in such a company of at least 51%, and a company is: - a holder of incentive measures in accordance with a regulation on investment promotion, or, - carries out strategic investment projects in conformity with regulation on strategic investment projects of the Republic of Croatia,
The Police Administration or Police Station shall be obliged to decide on a request for the issuance of residence and work permit to the foreigner referred to in this Article within 30 days of submission of the application.
D-type visa holder
No
Asylum seeker
Third-country nationals or stateless persons who express the intention
to apply for international protection up until the final decision on the application. Exceptionally, an applicant may also be a national of a European Union member state when this is prescribed by the provisions of Protocol 24 to the Treaty of Lisbon.
Third-country nationals or stateless persons must express the intention to apply for international protection.
Victim of trafficking
Temporary residence under humanitarian grounds shall be granted to a foreigner if he, being a victim of trafficking in persons has accepted a program of assistance and protection.
Identification of the victim shall be made by the Ministry of Interior in cooperation with civil society organizations and, in the event of the victim who is under age, the Ministry of Interior shall cooperate with the Ministry competent for social welfare. The Operative team of the National Committee for the Suppression of Trafficking in Persons shall notify the Ministry that the victim accepted to participate in the assistance and protection program.
Temporary residence under humanitarian grounds shall be granted if foreigner: 1. justifies the purpose of temporary residence,
2. holds a valid travel document,
3. his entry and residence in the Republic of Croatia is not prohibited,
4. does not pose a danger for public order, national security or public health.
Other (please specify)
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Section 3: National legal framework on change of status whilst remaining on the
territory of the (Member) State
Section 3.1 aims to understand the changes of status permitted by the national legislation from one immigration
category to another in cases where the migrant is not compelled to return to their country of origin. It will focus on
the conditions to apply for such changes, while providing information on how the “switch” works in practice (i.e.
responsible bodies to process applications/take decisions, where to lodge applications, information available, etc.).
This section will also aim to understand whether and what facilitations are in place to ease changes of status (in
comparison with first time applicants) by i.e. lifting restrictions, reducing fees and time for application, document
requirements/certifications, etc. This part will also examine how a change of status impacts on the rights of a third-
country nationals and how (Member) States address the change in / loss of rights.
Finally, Section 3.2 will highlight whether such measures are driven by specific policy goals (i.e. addressing labour
shortages, retaining talents, tackling bottleneck occupations, etc.) and understand to what extent they have been
based on needs assessment, have been evaluated and the results are achieved
EMN NCPs are asked to answer the following questions, at times guided by a non-exhaustive list of prompts of pre-
defined tables.
Section 3.1: Legal possibilities to changes status from within the (Member) State
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Q2a. Does your (Member) State allow third-country nationals holding any of the immigration status within the scope of this study to change
into any of the other ones whilst remaining on the territory of the (Member) State? EMN NCPs are asked to fill in the table by using one of
the options provided in each cell (Yes/No). NB: if all changes are possible, please indicate using the following option: Yes to all
Into
From
Family Education Research Blue
cards
Highly
qualified
worker
Employee Self-
employed
Business
owner
Seasonal
worker
ICT Investor D-type
visa
holder
Asylum Victim of
trafficking
Other
(please
specify)
Family Yes Yes Yes Select: Yes Yes Yes Yes Yes Yes Select: Yes Yes Select:
Education Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Select: Yes Yes Select:
Research Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Select: Yes Yes Select:
Blue card Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Select: Yes Yes Select:
Highly
qualified
worker
Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Select: Yes Yes Select:
Employee Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Select: Yes Yes Select:
Self-
employed
Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Select: Yes Yes Select:
Business
owner
Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Select: Yes Yes Select:
Seasonal
worker
Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Select: Yes Yes Select:
ICT Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Select: Yes Yes Select:
Investor Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Select: Yes Yes Select:
D-type visa
holder
Select: Select: Select: Select: Select: Select: Select: Select: Select: Select: Select: Select: Select: Select:
Asylum No No No No No No No No No No No No No No
Victim of
trafficking
Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Select: Yes Select:
Other
(please
specify)
Select: Select: Select: Select: Select: Select: Select: Select: Select: Select: Select: Select: Select: Choose:
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Q2b. If changes of status without leaving the territory of the (Member) State are allowed (Q2a), EMN NCPs are asked to fill in the table below by adding the requested information for each possible switch (and add as many rows as possible switches.).
EMN NCPs are asked to use the pre-compiled box marked ‘example’ as reference and add as many rows as necessary.
From Into Legal basis Policy / practice if no legal basis
Do criteria to switch differ from first time applicant?
Criteria for switch (if different from first time applicant)
Quota limitations
Example
List of category(ies) into which a TCN switches
Law, Decree, etc. Policy document. Yes / No List of criteria required for the switch(es) only if they differ from those listed in Section 1
Yes / No. If Yes, please report the threshold
All categories under Foreigners Act (family reunification, education, research, blue card, employee, self-employed, business owner, seasonal worker, ICT, investor, victim of trafficking)
All categories under Foreigners Act (family reunification, education, research, blue card, employee, self-employed, business owner, seasonal worker, ICT, investor, victim of trafficking)
General Administrative Procedure Act
No No
All categories under Foreigners Act (family reunification, education, research, blue card, employee, self-employed, business owner, seasonal worker, ICT, investor, victim of trafficking) can lodge an application for international protection.
No
Applicants for international protection do not have the right to lodge an application for approval of stay pursuant to the provisions of the Foreigners Act.
International and Temporary Protection Act
Page 14 of 34
Q2c. If any of the change of status provided in the tables above alters the level of rights of the third-country national concerned (enhanced or reduced),
please fill in the table below, providing a short overview / analysis of the specific situation in your (Member) State. If rights enjoyed are not subject to
changes, EMN NCPs are simply asked to enter “no change”.
General information about the rights of persons residing in the Republic of Croatia on different grounds pursuant to the Foreigner Act:
EMN NCPs are asked to use the pre-compiled box marked ’example’ as reference and add as many rows as possible switches.
From Into Employment Social security
Education Duration of stay
Legal assistance
Mobility Family reunification
Political rights
Other
Example1 Example Please choose
one as follows:
No change
Enhanced rights:
specify
Reduced rights:
specify
Please choose
one as follows:
No change
Enhanced
rights: specify
Reduced rights:
specify
Please choose
one as follows:
No change
Enhanced
rights: specify
Reduced rights:
specify
Please choose
one as follows:
No change
Enhanced
rights: specify
Reduced rights:
specify
Please choose
one as follows:
No change
Enhanced
rights: specify
Reduced rights:
specify
Please choose
one as follows:
No change
Enhanced
rights: specify
Reduced rights:
specify
Please choose
one as
follows:
No change
Enhanced
rights: specify
Reduced
rights: specify
Please choose
one as follows:
No change
Enhanced
rights: specify
Reduced
rights: specify
Please choose
one as follows:
No change
Enhanced
rights: specify
Reduced rights:
specify.
Select
Croatian Foreigners Act does not define the change of status however Croatian General Procedure Administrative Procedure Act makes it possible.
An application for the extension of residence can be modified and submitted to the Police Administration or Police Station.
Asylees and foreigners under subsidiary protection do not have the right to lodge an application for approval of temporary or autonomous stay
pursuant to the provisions of the Foreigners Act. Also, a person granted residence permit under Foreigners Act, can lodge an application for
international protection.
Furthermore,
Family Reunification visa: The foreigner granted temporary residence for the purpose of family reunification shall exercise their rights to education,
professional development, work and self-employment in accordance with the provisions of Foreigners Act.
Foreigners granted temporary residence for the purpose of family reunification with an asylee and a foreigner who was granted subsidiary or temporary
protection, or with a foreigner granted permanent stay may work in the Republic of Croatia without a residence and work permit or a work registration
certificate.
Page 15 of 34
Q3. If the criteria to change status from within the territory of the (Member) State allowed by your national system differ from those of first time applicants,
please list the procedural facilitations in place (in comparison with criteria for first time applicants listed in Section 1) by filling in the table below. EMN NCPs
are asked to use the pre-compiled box marked ‘example’ as reference (and add as many rows as possible switches).
From Into Procedural facilitations when compares with first time applicants from the country of origin
Example Example
Possibility to apply online Shortened processing time Shortened decision time Reduced fees Reduced documentary requirements Reduced prove of means to support Extended duration of residence permit Possibility to stay beyond the expiration of the previous residence permit (“tolerated status” for those who have applied before the permit expires)
Family Education
Select Select
Other (please specify)
Other (please specify)
Please add as many rows as necessary!
In the Republic of Croatia, the requirements for issuing a residence permit under “new, switched” grounds are the same as when a first residence permit was applied for on the
same grounds. Foreigner who submits an application for the extension of temporary residence before expiration of the valid temporary residence may remain in the Republic of
Croatia until the decision on his application becomes enforceable. This is general rule that also applies to situations in which a foreigner, when applying for the extension of the
temporary residence, in this procedure switches the purpose of stay before rendering of the first instance decision. In this case, foreigner can also remain in the Republic of
Croatia until the decision on his application becomes enforceable.
When applying for the (first) residence permit in accordance with Foreigners Act, a foreigner is obliged to submit an application for temporary residence to the competent
Diplomatic Mission or Consular Office of the Republic of Croatia, and only a defined category of foreigners can stay in the Republic of Croatia until the decision concerning their
application becomes enforceable.
Q4. What is/are the main actor(s) and institution(s) involved in the development of such measures? If multiple authorities are involved, how are they
coordinated?
Such measures and institutions are not defined yet.
Page 16 of 34
Q5. Do specific institutional communication channels (i.e. Migration Agencies’ websites) offer information on the possibility to change status?
Section 3.2: Aims of national policies to permit changes of status without leaving the territory of the (Member) State
Q6a. Have the measures in place in your Member State been driven by any specific policy goals (i.e. addressing labour shortages, reducing unemployment,
retaining talents, harnessing entrepreneurial skills of third-country nationals, tackling bottleneck occupations, general economic performance targets, etc.)?
Yes / no
Q6b. If yes, please explain the rationale behind their design/implementation, whether such decision were based on a needs assessment and if specific
indicators/target were identified.
In case a report/publication exists, please summarise the main findings here and include a reference to the assessment in an annex to your national report.
If no, please provide also any other evidence/indicator that may be available in your Member State in this regard (media reporting, media debates,
assessment by experts/academics, etc.).
Q7a. Have any evaluations or
studies in your Member State
considered the effectiveness of
national measures allowing third-country nationals to change status from within the territory of the (Member) State? Did the evaluations or studies
investigate how (Member) States have addressed the change in / loss of rights?
Yes / no
Q7b. If yes, please summarise the main findings here and include a reference to the evaluation or study in an annex to your national report. If no, please
provide also any other evidence/indicator that may be available in your (Member) State in this regard (media reporting, media debates, assessment by
experts/academics, etc.).
Q8a. Have any evaluations or
studies in your (Member) State
considered the impact of such
national measures to national economy?
Yes / no
Q8b. If yes, please summarise the main findings here and include a reference to the evaluation or study in an annex to your national report. If no, please
provide also any other evidence/indicator that may be available in your (Member) State in this regard (media reporting, media debates, assessment by
experts/academics etc.).
There are no established communication channels.
No.
N/A
Page 17 of 34
Q9. How are such changes of status
perceived in your (Member) State?
Please support your argument based
on existing evidence (policy
documents, political discourses, media coverage, NGO campaigns, case law examples etc.).
Q10a. Is there any evidence or are
there any indications that such
changes of status contribute to the
prevention of irregular stays or to reduce irregularity in your (Member) State?
Yes / no
Q10b. If yes, please summarise the main findings here and include a reference to the evaluation or study in an annex to your national report. If no, please
provide also any other evidence/indicator that may be available in your (Member) State in this regard (media reporting, media debates, assessment by
experts/academics etc.).
Section 4: Challenges,
good practices and
lessons learned
Section 4.1 examines the existing challenges and obstacles for the design and implementation of specific policies allowing third-country nationals to change status whilst remaining on the territory of the Member State as experienced by the legislator / policy maker / practitioner. EMN NCPs may also report on
any challenges /barriers reported by third-country national applicants if available through available studies / evaluations (primary research is not expected).
This section should (to the extent possible) understand the obstacles to status change (or the current mainstream legal requirements that prevent status change from within the territory of the (Member) State. EMN NCPs are asked to address any obstacle related to the eligibility criteria or to other macro-level areas such as labour market needs, employment, integration, etc. EMN NCPs are asked to present the findings and analysis of any existing studies or evidence collected in any other way and to provide any available statistics in the corresponding tables Annex 1.
Section 4.2 aims to highlight any good practices of the (Member) States that have successfully implemented and managed measures allowing third-country
nationals to switch status without leaving the territory of the (Member) State. This section can include also lessons learned from the practical implementation
of specific policies, programmes or schemes for the targeted categories of third-country nationals: lessons learned may address also assessments of the
expected and/or unintended (positive and negative) consequences of specific measures.
Section 4.1: Challenges and obstacles to measures to enable third-country nationals to change status whilst remaining
on the territory of the (Member) State
Q11. What are the main challenges/obstacles related to the change of status for third-country nationals whilst remaining on the territory of your (Member)
State?
EMN NCPs are not required to engage with immigrant communities, but reference to existing evidence-based research/literature/studies will be necessary
to duly complete the table.
N/A
No.
N/A
Page 18 of 34
Please use the space below for information applicable to all changes and/ or the table below for change-specific information if required.
N/A
From Into Challenges for national authorities in the
design and implementation of measures
allowing third-country nationals to
change status.
If possible studies should be included
(sourced as appropriate)
Challenges for applicant to change
status at both application stage (e.g.
requirements, waiting times, fees, etc.)
If possible, the views of the immigrant
community and studies should be included
(sourced as appropriate)
Select Select
Select Select
Other (please
specify)
Other (please
specify)
Please add as many rows as necessary!
Section 4.2: Good practices and lessons learned
If there are specific examples of good practices worth highlighting, EMN NCPs are kindly asked to fill in the box below:
Not monitored.
Page 19 of 34
Section 5: Conclusions
The Synthesis Report will outline
the key findings, main observations of the Study, present conclusions relevant for policymakers at national and EU level and identify policy pointers for
future actions. Specific conclusions drawn by (Member) State should be included in the Top Line Factsheet to prevent duplication of efforts.
Page 20 of 34
ANNEX 1: Statistics
This annex provides statistics on the topic of change of status. Data for Tables A1-A3; and A5-A6 will be compiled centrally from sources indicated.
However, if no data are available centrally, (Member) States are welcomed to provide their national data.
The national data should be provided for Table A4 and Tables A7-A11.
Table A1: Applicants for international protection (2010-2014)
2010 2011 2012 2013 2014
Austria
Belgium
Bulgaria
Croatia 290 808 1195 1089 454
Source: Eurostat (migr_asyappctza), data extracted XXX
Page 21 of 34
Table A2: All valid residence permits by reason on 31 December (2010-2014)
Year Reason AT BE BG CY CZ DE EE EL ES FI F
R
HR H
U
IE IT LT LU LV MT NL PL PT RO SE SI SK UK NO
2010 Total
Family
reasons
Education
reasons
Remunera
ted
activities
reasons
2011 Total 1281
0
Family
reasons
8258
Education
reasons
4502
Remunera
ted
4102
2 This number is total number of foreigners with valid temporary residence on 31st December 2011 for purpose of education (including students, secondary education, and other education). We can not extract temporary residence only for purpose of studies.
Page 22 of 34
Year Reason AT BE BG CY CZ DE EE EL ES FI F
R
HR H
U
IE IT LT LU LV MT NL PL PT RO SE SI SK UK NO
activities
reasons
2012 Total 8864
Family
reasons
4435
Education
reasons
3853
Remunera
ted
activities
reasons
40444
2013 Total
Family
reasons
Education
reasons
Remunera
ted
3 This number is total number of foreigners with valid temporary residence on 31st December 2012 for purpose of education (including students, secondary education, and other education). We can not extract temporary residence only for purpose of studies
4 This number represents the total number of residence and work permits issued to TCNs in 2012.
Page 23 of 34
Year Reason AT BE BG CY CZ DE EE EL ES FI F
R
HR H
U
IE IT LT LU LV MT NL PL PT RO SE SI SK UK NO
activities
reasons
2014 Total
Family
reasons
Education
reasons
Remunera
ted
activities
reasons
Source: Eurostat (migr_resvalid), data extracted XXX
Page 24 of 34
Table A3: Number of “EU Blue Cards” granted (2010-2014)
(Member) State 2010 2011 2012 2013 2014
Austria
Belgium
Bulgaria
xxx
Source: Eurostat (migr_resbc1), data extracted XXX
Table A4: Issued skilled or highly skilled national labour permits (2010-2014)
(Member) State 2010 2011 2012 2013 2014
Source: National data
25 25
Page 25 of 34
Table A5: Total number of victims of trafficking (identified and presumed)
by assistance and protection: residence permit based on Directive
2004/81 as well as other granted residence permits (2010-2012)
(Member) State 2010 2011 2012
Austria
Belgium
Bulgaria
xxx
Source: Eurostat (2015) Trafficking in Human Beings, Table A12: Number of
victims (identified and presumed) by assistance and protection: residence permit
based on Directive 2004/81 as well as other granted residence permits
Page 26 of 34
Table A6: Change of immigration status permits by reason (2010-2014)
Year
Change from: Change to:
AT BE BG CY CZ DE EE EL ES FI FR HR HU IE IT LT LU LV MT NL PL PT RO SE SI SK UK NO
2010
Family status Education
Remunerated activities
Education Family
Remunerated activities
Remunerated
activities
Family
Education
2011
Family status Education
Remunerated activities
Education Family
Remunerated activities
Remunerated
activities
Family
Education
2012
Family status Education
Remunerated activities
Education Family
Remunerated activities
Remunerated
activities
Family
Education
2013
Family status Education 5
Remunerated activities 12
Education Family 24
Remunerated activities 8
Remunerated
activities
Family 58
Education 16
2014
Family status Education 5
Remunerated activities 12
Education Family 16
Remunerated activities 7
Remunerated
activities
Family 42
Education 0
Source: Eurostat (migr_reschange), data extracted XXXXXX
Page 27 of 34
Table A7: Change of immigration status permits by reason (2010-2014)
Change from: Change to: 2010 2011 2012 2013 2014 Data includes only
main applicants
Data includes main
applicants and
dependants
Source / further
information
Family status
Research
Blue card
Highly qualified workers
Employee
Self-employed
Business owner
Seasonal worker
ICT
Investor
D-type visa holder
Asylum
Victim of trafficking
Other (please specify)
Education
Research
Blue card
Highly qualified workers
Employee
Self-employed
Business owner
Seasonal worker
ICT
Investor
D-type visa holder
Asylum
Victim of trafficking
Other (please specify)
Research
Family
Education
Blue card
Highly qualified workers
Employee
Self-employed
Business owner
Seasonal worker
ICT
Page 28 of 34
Change from: Change to: 2010 2011 2012 2013 2014 Data includes only
main applicants
Data includes main
applicants and
dependants
Source / further
information
Investor
D-type visa holder
Asylum
Victim of trafficking
Other (please specify)
Remunerated
activities: Blue
card
Family
Education
Research
Highly qualified workers
Employee
Self-employed
Business owner
Seasonal worker
ICT
Investor
D-type visa holder
Asylum
Victim of trafficking
Other (please specify)
Remunerated activities: highly qualified worker
Family
Education
Research
Blue card
Employee
Self-employed
Business owner
Seasonal worker
ICT
Investor
D-type visa holder
Asylum
Victim of trafficking
Other (please specify)
Remunerated activities:
Employee
Family
Education
Research
Blue card
Page 29 of 34
Change from: Change to: 2010 2011 2012 2013 2014 Data includes only
main applicants
Data includes main
applicants and
dependants
Source / further
information
Highly qualified workers
Self-employed
Business owner
Seasonal worker
ICT
Investor
D-type visa holder
Asylum
Victim of trafficking
Other (please specify)
Remunerated activities: Self-
employed
Family
Education
Research
Blue card
Highly qualified workers
Employee
Business owner
Seasonal worker
ICT
Investor
D-type visa holder
Asylum
Victim of trafficking
Other (please specify)
Business owner
Family
Education
Research
Blue card
Highly qualified workers
Employee
Self-employed
Seasonal worker
ICT
Investor
D-type visa holder
Asylum
Victim of trafficking
Page 30 of 34
Change from: Change to: 2010 2011 2012 2013 2014 Data includes only
main applicants
Data includes main
applicants and
dependants
Source / further
information
Other (please specify)
Remunerated activities:
Seasonal worker
Family
Education
Research
Blue card
Highly qualified workers
Employee
Self-employed
Business owner
ICT
Investor
D-type visa holder
Asylum
Victim of trafficking
Other (please specify)
Remunerated activities: ICT
Family
Education
Research
Blue card
Highly qualified workers
Employee
Self-employed
Business owner
Seasonal worker
Investor
D-type visa holder
Asylum
Victim of trafficking
Other (please specify)
Investor
Family
Education
Research
Blue card
Highly qualified workers
Employee
Self-employed
Business owner
Page 31 of 34
Change from: Change to: 2010 2011 2012 2013 2014 Data includes only
main applicants
Data includes main
applicants and
dependants
Source / further
information
Seasonal worker
ICT
D-type visa holder
Asylum
Victim of trafficking
Other (please specify)
D-type visa
holder
Family
Education
Research
Blue card
Highly qualified workers
Employee
Self-employed
Business owner
Seasonal worker
ICT
Investor
Asylum
Victim of trafficking
Other (please specify)
Asylum
Family
Education
Research
Blue card
Highly qualified workers
Employee
Self-employed
Business owner
Seasonal worker
ICT
Investor
D-type visa holder
Victim of trafficking
Other (please specify)
Victim of
trafficking
Family
Education
Research
Page 32 of 34
Change from: Change to: 2010 2011 2012 2013 2014 Data includes only
main applicants
Data includes main
applicants and
dependants
Source / further
information
Blue card
Highly qualified workers
Employee
Self-employed
Business owner
Seasonal worker
ICT
Investor
D-type visa holder
Asylum
Other (please specify)
Other (Please
specify)
Family
Education
Research
Blue card
Highly qualified workers
Employee
Self-employed
Business owner
Seasonal worker
ICT
Investor
D-type visa holder
Asylum
Victim of trafficking
Other (please specify)
Note: Please do not leave empty cells, but use the following acronyms where required: NI (no information available), NA (not
applicable).
Eurostat data will be used for switches between three statuses: Family, Education and Remunerated activities.
Please use this space to leave any notes if necessary
Page 33 of 34
Table A8: Number of persons who have changed immigration status 2 times by type of switch (2010-2014)
Change from: Change to: 2010 2011 2012 2013 2014 Data includes only
main applicants
Data includes main
applicants and
dependants
Source / further
information
Note: In order to fill in columns ‘change from’ and ‘change to’ please see examples of changes in tables A6 and A7
Table A9: Number of persons who have changed immigration status 3 times by type of switch (2010-2014)
Change from: Change to: 2010 2011 2012 2013 2014 Data includes only
main applicants
Data includes main
applicants and
dependants
Source / further
information
Note: In order to fill in columns ‘change from’ and ‘change to’ please see examples of changes in tables A6 and A7
Table A10: Number of persons who have changed immigration status more than 3 times by type of switch (2010-2014)
Change from: Change to: 2010 2011 2012 2013 2014 Data includes only
main applicants
Data includes main
applicants and
dependants
Source / further
information
Note: In order to fill in columns ‘change from’ and ‘change to’ please see examples of changes in tables A6 and A7
Box A1: Is the processing time set in the national legislation? If yes, does it differ for different groups of migrants – in
legislation and/ or in practice?
If the answer is yes, please fill in the Table A11, specifying in the narrative whether it differs in legislation and/ or practice:
Page 34 of 34
Table A11: The average processing time to change the status (the time span between the application for change of status and
the granting of the change of status), by purpose of stay in 2014
Into
From
Family Education Research Blue
cards
Highly
qualified
worker
Employee Self-
employed
Business
owner
Seasonal
worker
ICT Investor D-type
visa
holder
Asylum Victim of
trafficking
Other
(please
specify)
Family Select: Select: Select: Select: Select: Select: Select: Select: Select: Select: Select: Select: Select: Select:
Education Select: Select: Select: Select: Select: Select: Select: Select: Select: Select: Select: Select: Select: Select:
Research Select: Select: Select: Select: Select: Select: Select: Select: Select: Select: Select: Select: Select: Select:
Blue card Select: Select: Select: Select: Select: Select: Select: Select: Select: Select: Select: Select: Select: Select:
Highly
qualified
worker
Select: Select: Select: Select: Select: Select: Select: Select: Select: Select: Select: Select: Select: Select:
Employee Select: Select: Select: Select: Select: Select: Select: Select: Select: Select: Select: Select: Select: Select:
Self-employed Select: Select: Select: Select: Select: Select: Select: Select: Select: Select: Select: Select: Select: Select:
Business
owner
Select: Select: Select: Select: Select: Select: Select: Select: Select: Select: Select: Select: Select: Select:
Seasonal
worker
Select: Select: Select: Select: Select: Select: Select: Select: Select: Select: Select: Select: Select: Select:
ICT Select: Select: Select: Select: Select: Select: Select: Select: Select: Select: Select: Select: Select: Select:
Investor Select: Select: Select: Select: Select: Select: Select: Select: Select: Select: Select: Select: Select: Select:
D-type visa
holder
Select: Select: Select: Select: Select: Select: Select: Select: Select: Select: Select: Select: Select: Select:
Asylum Select: Select: Select: Select: Select: Select: Select: Select: Select: Select: Select: Select: Select: Select:
Victim of
trafficking
Select: Select: Select: Select: Select: Select: Select: Select: Select: Select: Select: Select: Select: Select:
Other (please
specify)
Select: Select: Select: Select: Select: Select: Select: Select: Select: Select: Select: Select: Select: Select:
Note: Please fill in the table using one of the options provided (by clicking on the cell):
A few days
From a few days to a week
Up to two weeks
Up to a month
More than a month
NI – no information available
NA – not applicable