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Presentation EMN Conference Sweden 2017: Nera Komaric International Organization for Migration IOM Croatia – EMN NCP Croatia National EMN – Conference Sweden “Family reunification in Sweden and Europe – state of play and lessons for the future” Stockholm, 12 May 2017 Presenter: Nera Komaric EMN NCP coordinator Croatia Pulling it all together… The first wave of Croats emigration 1st period - from the 15th to the 18th century (the old diaspora) Burgenland Croats Moleški Croats Croats in Romania Croats in Slovakia Bunjevci and Šokci Following waves Croats of emigration Period 2 - from 1880 to the First World War USA, Latin American countries, South Africa, Australia, New Zealand Period 3 - between the two world wars Germany, France, Belgium Period 4 - from 1940 to 1948 Argentina and other Latin American countries, North America Period 5 - from 1965 to 1990 Western Europe, Australia, New Zealand and Canada Period 6 - from 1991 to present Germany, Switzerland, Austria, Sweden, Ireland, Canada, USA, Australia and New Zealand Croatian National minorities in the neighbourhood • Austria about 90,000 • Czech Republic about 800 • Italy about 3,000 • Kosovo about 350 • Hungary about 50,000 • Macedonia is about 4,000 • Romania about 7,500 • Slovakia about 4,000 • Slovenia from 35,000 to 54,000 • Serbia from 150,000 to 200,000 • Montenegro about 7,000 to 10,000 Croatian emigrants and their descendants abroad • Argentina about 250,000 • Australia about 250,000 • Austria about 90,000 • Brazil about 20,000 • Chile about 200,000 • France about 40,000 • Italy about 60,000 • JAR about 8,000 • Canada about 250,000 • New Zealand about 40,000 • Germany about 350,000 • USA about 1.200,000 • Sweden about 35,000 • Switzerland about 80,000 Burgenland Croats (Austria) • The Ottomans pentrate the emigration of Croats (Lika, Krbava, Banovina, Slavonia, Bosnia, Posavina, Pounje) • In the 16th century, they inhabited Western Hungary, the East Austria, Western Slovakia and Southern Moravia • Agriculture, livestock breeding, "furmen" Burgenland Croats (Austria) • Since 1868 obligatory classes in Croatian language have been introduced • 1878 Declaration on the unique Croatian spelling and literary language of Burgenland Croats • 1910, “Our newspapers”, the first newspaper in Croatian language • Austro-Hungarian breakup and referendum 1921; separation Croats of Western Hungary; About 80 villages joined Austria • Today - Burgenland Croats live in the Federal Republic of Burgenland Moliški Croats (Italy) •The Italian province of Molise, the "gang zone" • Croats embarked at the end of the 15th and early 16th centuries • From the area of Dalmatia (space between Cetina and Neretva); • Moleški language or "ours" does not have any Turkish words; • Was preserved with oral submission • Today there are about 4 500 inhabitants Croats in Sweden Croats in Sweden • According to the estimates of the Embassy of the Republic of Croatia, Croatian societies and Catholic missions in Sweden have altogether 35,000 to 40,000 members. • The largest concentration of Croatian emigrants is in the southern cities of Gothenburg and Malmö. • A large number of the Croatian people came to Sweden in 1990s from Bosnia and Herzegovina settled in the area of central Sweden. Croats in Sweden testimonies: "Working in Sweden is different, and hence a general mood in the workplace. At work there is a much more relaxed atmosphere than in our country, people are less afraid of unemployment, which in turn stimulates motivation“. “As far as the Swedes are concerned, they are more distant than Croatians, said Kristina, but they are very honest and are keeping in with the rules.” Croatian language • Croatian language teaching in Sweden is integrated in the local schools and funded by the local school authorities. • There are no Croatian schools in Sweden but there are teachers of a Croatian origin who work as external consultants in Swedish schools. Their work is paid by the Swedish state. • The Republic of Croatia organises regular trainings and seminars for teachers of a Croatian language. • At the University of Uppsala, there is a faculty for the Croatian language (Finnish Professor Jussi Nuorluoto - Chair of the Faculty). Family Reunification in Croatia Family reunification Humanitarian intake 2016 Total: 97 2016 Total: 1673 F 1051 M 622 Temporary visas students, temporary workers 15 2016 Total: 3190, F 489, M 2671 Top ten nationalities of family reunification in 2016 The third country nationals with the valid temporary residence granted for the purpose of family reunification Bosnia and Herzegovina 518 Serbia 90 China 144 Ukraine 64 Russia 139 Kosovo 179 Macedonia 94 USA 46 Turkey 32 R. Korea 30 Croatian legislation • In the Republic of Croatia, family reunification accounts for a significant share of a legal migration. • Before the accession to the EU, Croatian national law already had provisions regulating family reunification, therefore no new changes to national law were necessary in order to comply with Council Directive 2003/86/EC. • The main provisions relevant for the family reunification are regulated by the Foreigners Act (Official Gazette, No 130/11 and 74/13) • The Act defines the categories of sponsor, family members, prescribed the questions concerning marriages of convenience and right to autonomous stay. Current Amendments in discussion • Amendments to the Foreigners Act are ongoing and the main changes regarding family reunification will include redefinition of the category of family members having in mind Same Sex Life-Partnership Act passed on the 15th July 2014 (Official gazette, No 92/14), • Changes were introduced concerning temporary and permanent residence of family members of Croatian nationals, who themselves are third-country nationals. • Redefinition of categories of sponsors (excluding certain categories of TCNs), • Regulating conditions of entry and residence of third- country nationals in the framework of an intra-corporate transfer (ICTs) and their family members. Definition of a sponsor In accordance with the provisions of the Foreigners Act (Official Gazette, No 130/11 and 74/13), temporary residence for the purpose of family reunification may be granted to a foreigner who meets general conditions under this Act, and who is a member of the nuclear family of the: • foreigner who was granted permanent residence, • foreigner who was granted temporary residence, • foreigner who was granted protection pursuant to provisions of the Act of International and Temporary Protection (Official Gazette, No 70/2015). Restrictions to family reunification include situations: • if a sponsor has been granted temporary residence and work permit for the purpose of seasonal work, or • if a sponsor is 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, a member of nuclear family of a TCN may be granted temporary residence for the purpose of family reunification only if a sponsor has already been granted temporary residence for at least 2 years. Beneficiaries of international protection • According to the provisions of the Act on International and Temporary Protection (Official Gazette, No 70/2015), entered into force on the 2nd July 2015, asylees and foreigners under subsidiary protection have the right to family reunification. • TCNs who are family members of a beneficiaries of subsidiary protection, can submit an application for the temporary residence for the purpose of family reunification. • Family reunification shall not be authorized if a spouse or a common law partner is in a long-lasting relation with another person. • Within the meaning of the Foreigners Act, the common law marriage means the union of life of a unmarried woman and unmarried man of at least three years or shorter if a child was born into such union. Family members Within the meaning of the Foreigners Act (Official Gazette, No 130/11 and 74/13), the following persons are considered as members of the nuclear family: • spouse, • common law partners, • 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, • parents or adopted parents of a minor children. In the event of a polygamous marriage, family reunification at the territory of the Republic of Croatia shall be permitted to only one spouse. Exceptionally, if this person is any other relative, he/she 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 21 the family reunification in the Republic of Croatia, and this is examined on a case-by-case base, having in mind relevant documentation on family ties and the existence of special personal reasons or serious humanitarian grounds for family reunification. Marriage of convenience It should be said that temporary residence for the purpose of family reunification shall not be granted if the marriage is concluded as a marriage of convenience. Circumstances which may indicate that the marriage is the marriage of convenience are as follows: • the spouses do not maintain their marital union, • the spouses do not perform their marital obligations, • the spouses have never met before the conclusion of the marriage, • the spouses fail to provide consistent personal data, • the spouses do not speak a language that they both understand, • money was exchanged for the conclusion of marriage, unless the money is given as a dowry, and the spouses come from countries where presentation of a dowry is a custom, • there is a proof of previous marriages of convenience on the part of any of the spouses, either in the Republic of Croatia or abroad. View of the current Immigration System by the migrants What ideas do We have about how to make family reunification more effective? Thank you for your attention! Nera Komaric European Migration Network National Contact Point International Organization for Migration (IOM) [email protected] .
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