The Act on Croatian Citizenship represents the fundamental legal framework for the acquisition and termination of Croatian citizenship. Although the legal provisions may appear clearly defined at first glance, their application in practice often raises a number of questions, especially for persons seeking to acquire citizenship by descent or on the basis of belonging to the Croatian people. In the following, we analyze the key provisions of the Act and their practical interpretation, with a focus on the most common challenges in proceedings before the competent authorities.

Acquisition of Croatian citizenship by descent – Article 5, paragraph 2

This provision is today effectively no longer valid, but it serves as a good example of a legal provision that until recently could easily be misinterpreted.

According to Article 5, paragraph 2 of the Act on Croatian Citizenship, Croatian citizenship may also be acquired by a person older than 21 years of age, born abroad, whose one parent was a Croatian citizen at the time of their birth. The key requirement is that such a person submits an application for entry into the register of Croatian citizens within the legally prescribed time limit.

In practice, this provision applies to persons who are:

• older than 21 years of age,
• but were born before 8 October 1991.

It is important to emphasize that the three-year time limit for submitting the application began to run from 1 January 2020 (regardless of the fact that the current version of the law states that it has been in force since 01.01.2022), which means that the legislator provided an additional opportunity to persons who had not previously exercised this right.

Today, this time limit has in any case expired, and this paragraph of the law is now without practical effect, and it is expected that it will be deleted in the next amendments to the Act on Croatian Citizenship.

Unfortunately, due to a literal grammatical interpretation of this paragraph, it still gave many potential applicants false hope up until about a year ago that they had the right to apply for Croatian citizenship on this basis.

In proceedings, the issue of the timeliness of the application is often raised, as well as proving the fact that one parent was a Croatian citizen at the time of the applicant’s birth. For this reason, it is recommended to collect the relevant documentation in a timely manner (birth certificates, parents’ citizenship certificates, etc.).

 

The concept of an emigrant – Article 11, paragraph 3

One of the key issues in acquiring citizenship on the basis of emigration relates to the interpretation of the term “emigrant.” In accordance with Article 11, paragraph 3 of the Act, an emigrant is considered to be a person who emigrated from the territory of the Republic of Croatia before 8 October 1991 with the intention of permanently living abroad.

In practice, the concept of the “intention of permanent residence abroad” has a specific meaning. The competent authorities interpret it in such a way that a person must have an actual and formal residence abroad, i.e. be registered in a foreign country, and not in the Republic of Croatia.

In other words, mere physical absence from Croatia is not sufficient – it is necessary to prove:

• permanent relocation abroad,
• the existence of an administrative registration of residence outside Croatia.

This provision often represents an obstacle in proceedings, as many applicants have not formally deregistered their residence in Croatia or do not have adequate evidence of permanent residence abroad.

 

Acquisition of Croatian citizenship for a child – Article 13 of the Act on Croatian Citizenship

Article 13 of the Act on Croatian Citizenship is also of particular practical importance, as it enables the subsequent acquisition of Croatian citizenship for a child. In practice, this provision is often applied in situations where one of the parents has previously acquired Croatian citizenship based on Article 11 or 16 of the Act, i.e. on the basis of belonging to the Croatian people or as an emigrant.

It is important to emphasize that a child cannot acquire Croatian citizenship by descent if, at the time of the child’s birth, the parent was not yet a Croatian citizen. In other words, the fact that a parent subsequently acquired Croatian citizenship does not automatically produce an effect for the child on the basis of descent; rather, in such cases, the mechanism provided in Article 13 of the Act must be used.

In such circumstances, the child may subsequently acquire Croatian citizenship, and it is important to observe the procedural rules. The application is submitted in person, which means that the applicant (or the legal representative for the child) must appear directly before the competent authority. However, after submitting the application, it is possible to additionally submit a power of attorney by way of a written submission indicating the case reference number, thereby allowing further communication, including the delivery of decisions and other notifications, to be conducted through an authorized representative.

One of the key formal requirements is also the consent of the other parent, who gives their consent by signing the prescribed Form 3, which is submitted together with the application. The absence of this consent may lead to delays or rejection of the application, so it is important to ensure complete documentation in a timely manner in order to carry out the procedure without unnecessary complications.

 

Determination of belonging to the Croatian people – Article 16, paragraph 2

Article 16, paragraph 2 of the Act regulates the issue of determining belonging to the Croatian people, which is one of the grounds for acquiring Croatian citizenship. According to the Act, such belonging is proven by prior declarations in legal transactions, as well as by stating this affiliation in public documents.

In practice, this criterion requires extensive documentation, for example:

• old personal documents,
• civil registry records,
• school, church or other official records,
• statements given in previous proceedings.

It is important to emphasize that the competent authorities have broad discretionary power in assessing whether the applicant meets this requirement. For this reason, there is no single standard of proof, and each case is assessed individually.

Proceedings based on this provision generally take longer, most often between one and two years, depending on the complexity of the case and the availability of evidence. The discretionary nature of decision-making makes these proceedings legally demanding and often requires professional legal assistance.

 

Moment of acquiring Croatian citizenship after the procedure has been completed?

When acquiring Croatian citizenship on the basis of an issued administrative decision, it is crucial in practice to correctly understand the moment when citizenship arises. Namely, Croatian citizenship is not acquired on the day the decision is issued by the competent authority, but only at the moment when that decision is served on the party. This distinction has significant legal consequences, particularly with regard to the exercise of rights arising from citizenship, since only the proper service of the decision marks the beginning of its legal effects.

 

Final remarks

The application of the Act on Croatian Citizenship in practice shows that, at first glance, the formal fulfilment of legal requirements is not always sufficient for a successful outcome of the procedure. A key role is played by the proper interpretation of legal provisions, timely submission of applications, and high-quality and complete documentation.

Given the complexity of procedures, especially in cases of acquiring citizenship by descent, on the basis of emigration, or belonging to the Croatian people, it is recommended to seek timely advice from legal professionals in order to increase the likelihood of a positive decision and avoid procedural errors.

 

Zagreb, attorney Zoran Bišćan, 22.04.2026.