Entry of minor aliens into the Republic of Croatia

By the entry into force of the Act on the Amendments to the State Border Surveillance Act and the Rulebook on the Methods of Conducting State Border Surveillance, and with a view to protecting minors (under the Croatian legislation minors are individuals under the age of 18), procedure has been prescribed to be used by border police officers in relation to minors. Thus, the previously existing provisions of the Aliens Act which regulated this subject matter have been abolished.
 
 

Act on the Amendments to the State Border Surveillance Act (Croatian Official Gazette 146/08)

In the course of border checks special attention shall be paid to minors, regardless of whether they travel unaccompanied or accompanied by their legal guardian.

 

Rulebook on the Methods of Conducting State Border Surveillance (Croatian Official Gazette 38/09)

Article 19

In the course of entry into and exit out of the Republic of Croatia, border checks of minors shall be conducted in the same way as border checks of adults, pursuant to the provisions of the Act and this Rulebook.

When conducting border checks of minors accompanied by only one parent or a person who is not a minor’s legal guardian, and there are grounds to believe that a minor might be taken away illegally, a police officer shall conduct thorough checks related to the travelling of the said minor.

In case of an unaccompanied minor, a police officer shall check whether the said minor is travelling against the will of his/her legal guardian, as well as other relevant circumstances.

 

The said procedure has been prescribed with a view to protecting minors’ rights and interests, and introducing a single, transparent and efficient procedure related to the said category of individuals.

In order to further explain the procedure related to the crossing of the state border of the Republic of Croatia by minor aliens, it should be noted that border checks also include checking of whether minor aliens meet general requirements for the entry into the Republic of Croatia, pursuant to the following provisions of Article 31 of the Aliens Act:

Article 31

Aliens may be granted entry into the Republic of Croatia if:

  • They hold a valid travel document or other document used for state border crossing
  • They hold a valid visa or a valid residence permit, where appropriate
  • They justify the purpose and conditions of their entry and stay and if they possess enough financial means to support themselves during their stay in the Republic of Croatia and to return to the country they arrived from or for travelling to a third country
  • They have not been prohibited entry and stay in the Republic of Croatia
  • They do not pose a threat for public order, national security or public health


Furthermore, if minor aliens travel accompanied by one parent or a person who is not their legal guardian, in addition to general requirements for the entry into the Republic of Croatia, checks are conducted to see whether there is any danger that a minor might be illegally taken away, and additional checks are also conducted related to the travelling of the said minor (guardianship of a minor, information related to travelling etc.).

In case of unaccompanied minors, in addition to the validity of travel documents, other documents are also thoroughly checked, as well as travelling circumstances on the basis of which it could be established that a minor might travel against the will of his/her legal guardian.

Namely, Croatian border police officers have to take all the necessary measures to protect the minors’ interests, in particular when border checks prove that there is reason to believe that a minor might be illegally taken away or that the minor’s interests might be threatened in some other way.

If, in the course of border checks, police officers suspect that a minor might be illegally taken away, they shall conduct additional checks. In this case, a person accompanying the said minor needs to provide relevant explanation proving that the said minor is not being taken away illegally.

Apart from a valid travel document, Croatian legislation does not prescribe any other documents that might be used for state border crossing, such as, for example, a birth certificate, a decision issued by the competent guardianship authority, a marriage certificate, parents’ consent – does not have to be certified, and other. However, it is advisable to obtain these prior to the journey, should the need arise.


The following may be submitted to further clarify the travelling circumstances:

  • a handling advice for minors issues by the aircraft operator in accordance with IATA standards and recommended practices
  • a list of school trip participants or a list of participants travelling to a sports or cultural manifestation, where the said minor is listed, etc.