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Aliens Act of the Republic of Slovenia (1999, as amended 2002) (English)

 

ALIENS ACT

 

 

officially revised text

(ZTUJ-1-UPB1)

(Official Gazette of RS No. 108/02);

 

 

 

CHAPTER I

GENERAL PROVISIONS

 

Article 1

(Content of the Act)

 

           This Act shall stipulate the conditions for and methods of the entry into, departure from and residence of aliens in the Republic of Slovenia.

 

Article 2

(Definition of Terms)

 

           The individual terms used in this Act shall have the following meaning:

           An alien shall be any person who does not have citizenship of the Republic of Slovenia.

           A stateless person shall be an alien who is not deemed to be a citizen of any country in compliance with its legal acts.

           Entry shall be arrival in, departure shall be departure from the national territory of the Republic of Slovenia.

           Transit shall be passage across the national territory of the Republic of Slovenia.

           Border control shall be control at the state border exercised by competent authorities in relation to an alien’s intended entry into, transit through and departure from the national territory of the Republic of Slovenia.

           A travel document shall be a passport or a travel document equivalent to a passport if so determined by international agreement.

           A valid travel document shall be a document issued by a competent international entity, if the document clearly shows the identity of the holder and the period of validity of the document.

           Daily migrant workers shall be aliens with permanent residence in a neighbouring country to which they return and who enter the Republic of Slovenia on a daily basis for work or due to employment or work.

           A carrier shall be a natural or legal person involved on a professional basis in the transportation of pas sengers by air, sea or land.

           A worker on secondment shall be a person employed by an alien employer during the implementation of contractual work in the territory of the Republic of Slovenia and for whom the employer is not obliged to pay social insurance contributions in the place where the services are implemented.

 

Article 3

(Scope of Application)

 

           (1) The provisions of this Act shall apply to all aliens, unless otherwise determined by law.

           (2) If more favourable, the provisions of the Convention on the Legal Status of Stateless Persons (Official Gazette of the Republic of Slovenia RS-MP, no. 9/92) shall apply to stateless persons.

           (3) In the event that the principle of reciprocity is required to be exercised by law with respect to aliens/citizens of other countries, stateless persons may be exempted from this principle if they have been residing in the Republic of Slovenia for at least three years.

           (4) This Act shall not apply to aliens who have applied for asylum (asylum seekers) and to aliens who have been granted refugee status in the Republic of Slovenia, unless otherwise determined by law.

           (5) This Act shall not apply to persons who have been granted temporary refuge in the Republic of Slovenia in accordance with the act governing temporary refuge, unless otherwise determined by law.

           (6) The provisions of this Act shall not apply to persons who enjoy privileges and immunity in compliance with international law.

           (7) Notwithstanding the provision of the preceding paragraph, the provisions of this Act may, exceptionally and subsequent to prior consent is obtained from the ministry responsible for foreign affairs, apply to persons who enjoy privileges and immunity under international law, if the application of this Act does not contravene adopted international obligations and the principle of reciprocity.

           (8) In the event of doubts as to the existence and extent of privileges, immunity and reciprocity, an explanation shall be given by the ministry responsible for foreign affairs. Other state administration authorities shall be obliged to comply with the explanation given by the ministry responsible for foreign affairs.

 

Article 4

(Rights and Obligations of Aliens)

 

           (1) Aliens against whom criminal proceedings or proceedings for any offence have been initiated and who are being kept under custody or detention shall, upon request, be allowed to contact the competent authorities of the country of which they are citizens by the authority who ordered the custody or detention.

           (2) While staying in the Republic of Slovenia, an alien must observe the Constitution, laws and other general legal acts of the Republic of Slovenia, and comply with measures passed by the competent state authorities.

 

Article 5

(Migration Policy)

 

           (1) At the proposal of the Government of the Republic of Slovenia, the National Assembly of the Republic of Slovenia shall adopt a resolution on migration policy in which it shall stipulate the economic, social and other measures and activities that the Republic of Slovenia will adopt in this area, as well as the co-operation with other countries and international organisations in this area.

           (2) In accordance with the resolution under the preceding paragraph of this Article, the Government of the Republic of Slovenia shall determine annually the number (quota) of residence permits in the Republic of Slovenia which may be issued to aliens in the current year. The quotas shall not include temporary residence permits issued for the purposes of family reunion, temporary residence permits issued to the next of kin of Slovene citizens, temporary residence permits issued to accredited journalists and temporary residence permits issued to artists.

 

 

CHAPTER II

ENTRY OF ALIENS INTO THE REPUBLIC OF SLOVENIA

 

Article 6

(Entry and Leaving the Country)

 

           (1) Entry into and departure from the country shall only be permitted at border crossings determined for this purpose.

           (2) By decree, the Government of the Republic of Slovenia shall determine exceptions regarding the crossin g of the state border for cross-border traffic and for special categories of naval traffic, tourist transport by sea and coastal fishing.

           (3) The stay of aliens in the transit area of airports, as well as their stay on ships anchored in harbours or ports, shall not be deemed to be entry into the country.

 

Article 7

(Obligation to Possess a Travel Document)

 

           (1) For the purpose of entering, leaving and staying in the Republic of Slovenia, an alien must be in possession of a valid travel document, unless otherwise stipulated by law or international agreement.

           (2) Aliens, who are additionally entered in a travel document may only enter the Republic of Slovenia and leave the Republic of Slovenia together with the person in whose travel document they are entered.

           (3) Aliens in possession of a group passport may only enter the Republic of Slovenia and leave the Republic of Slovenia together, where the persons included in the group passport must be in possession of a document with a photograph on the basis of which their identity can be proved. The group leader must be in possession of a personal travel document.

           (4) A member of a group may, exceptionally, be allowed to leave the country individually if this is urgent due to the individual’s personal reasons or if the competent authority so orders.

           (5) The Government of the Republic of Slovenia may determine that citizens of specific countries may enter and leave the country with a personal identity card or other suitable document which is prescribed by their country and with which they can prove their identity.

           (6) The Republic of Slovenia shall admit persons without a valid travel document who it is obliged to admit on the basis of an international agreement or pursuant to adopted international acts.

           (7) On the basis of an international agreement, entry may be permitted to persons without a valid travel document in the case of the transit of exiled aliens who are citizens of a country with which no such agreement has been concluded.

 

Article 8

(Permit to Enter the Republic of Slovenia)

 

           (1) In addition to the valid travel document specified in Article 7 hereof, in order to enter the Republic of Slovenia, aliens must be in possession of a visa or residence permit, unless otherwise determined by law or by an international agreement.

           (2) The Government of the Republic of Slovenia may pass a decision permitting citizens of specific countries to enter and leave the country without a visa.

 

Article 9

(Refusal of Entry into the Republic of Slovenia)

 

           (1) Irrespective of the fulfilment of the conditions stipulated in Articles 7 and 8 hereof, an alien shall be refused entry into the country if:

           there are reasonable grounds to suspect that he/she may pose a threat to public order and security or international relations of the Republic of Slovenia, or if there is a suspicion that his/her presence in the country is associated with the carrying-out of terrorist or other violent activities, illegal intelligence activities, drug possession and trafficking, or the carrying-out of other criminal activities;

           the period for which a refusal of entry was passed has not yet expired;

           he/she does not have sufficient funds for subsistence during the period of his/her stay in the Republic of Slovenia and funds for returning to the country from which he/she came, or for travelling to a third country;

           at the request of the competent authority, he/she cannot justify the purpose and circumstances of his/her intended arrival and stay in the country;

           there are serious grounds for suspicion that he/she will acquire employment or work in the territory of the Republic of Slovenia in violation of the regulations on employment and work;

           the arrival of the alien in the Republic of Slovenia is in conflict with the international commitments undertaken by the Republic of Slovenia.

           (2) The decision to refuse entry shall be taken by the border control authority on the basis of an instruction which, with respect to the existence of the reasons specified in Paragraph 1 of this Article, shall be issued by the minister responsible for internal affairs.

           (3) An alien who enters the Republic of Slovenia on the basis of a residence permit may only be refused entry into the country if residence is prohibited in the country or if the competent authority issued a decision refusing him/her entry into the country or if his/her residence permit is annulled.

           (4) The refusal of entry shall be entered in the alien’s travel document in the cases and in the manner determined by the instruction specified in Paragraph 2 of this Article, and shall be entered in the record of persons who have been refused entry.

 

Article 10

(Border Control)

 

           (1) Aliens must submit themselves to border control when they enter and leave the country.

           (2) In addition to personal, vehicle and item checks in accordance with the act governing control of the state border, the border control of aliens entering the country shall consist of an examination of whether there are reasons for refusing entry into the country pursuant to Article 9 hereof.

           (3) The border control of aliens leaving the country shall, in particular, comprise control required for domestic and international interests of the Republic of Slovenia, the public order and peace and for verifying whether there are reasons for not allowing the alien to leave the country.

 

Article 11

(Illegal Entry into the Republic of Slovenia)

 

           (1) Entry into the Republic of Slovenia shall be deemed to be illegal if an alien:

           enters the country although he/she has been refused entry pursuant to Article 9 hereof;

           evades border control;

           uses a forged, another person’s or otherwise modified travel or other document required for entry, or if he/she gives false information to border control authorities.

 

Article 12

(Leaving the Country)

 

           (1) Aliens shall leave the Republic of Slovenia freely in accordance with the law.

           (2) An alien shall not be allowed to leave the country if criminal proceedings, transgression proceedings or other proceedings have been instigated against them, for which their presence is necessary and if so requested by the authority conducting the proceedings.

 

Article 13

(Permitted Period of Stay of Aliens in the Republic of Slovenia)

 

           (1) An alien may stay in the country for such period as determined by the visa, residence permit, a decision of the Government of the Republic of Slovenia or as determined by law or international agreement.

           (2) An alien who, pursuant to the law or international agreement or a decision of the Government of the Republic of Slovenia is not required to be in possession of a visa to enter and stay in the country may enter and stay in the Republic of Slovenia for no longer than 90 days within a period of six months, starting from the day of the first entry, for the same purposes as are permitted aliens who must be in possession of a visa.

           (3) An alien must leave the Republic of Slovenia prior to expiry of the period determined in Paragraphs 1 and 2 of this Article if the competent authority so decides.

 

 

CHAPTER III

VISAS

 

Article 14

(Visas and Types of Visas)

 

           (1) A visa shall be a permit issued by the competent authority of the Republic of Slovenia to an alien which serves as the basis, if there are no reasons for refusal, for an alien to enter the country and stay for as long as determined by the visa, or which ensures transit through the national territory, if the alien fulfils the conditions applying to transit.

           (2) A visa may only be issued to an alien who is in possession of a valid travel document, where the validity of the travel document must exceed the validity of the visa by at least three months.

           (3) The minister responsible for internal affairs shall issue instructions specifying the exceptional cases under which a visa may be issued to an alien in possession of a travel document whose validity is shorter than three months.

           (4) A visa shall not provide an alien with the right to employment or work.

           (5) The types of visa shall be:

           an airport transit visa (Visa A)

           a transit visa (Visa B)

           an entry visa (Visa C and Visa D).

 

Article 15

(Airport Transit Visas – Visa A)

 

           (1) Aliens who during a continuous journey do not leave the airport transit area or the aircraft at an airport in the Republic of Slovenia shall not be required to possess a visa.

           (2) In cases where it is believed that this is in the interest of the country, for the purposes of suppressing organised crime, or for the purpose of maintaining good relations with other countries, the Government of the Republic of Slovenia may exceptionally issue a regulation determining that citizens of specific countries or passengers on specific routes shall be required to be in possession of an airport transit visa for their transit.

           (3) At his/her request, an alien may be issued an airport transit visa for a specific number of transit journeys through the international area of an airport for the period of duration of the transit.

 

Article 16

(Transit Visa – Visa B)

 

           (1) A transit visa shall be issued to an alien for one or two or, exceptionally, multiple journeys through the national territory of the Republic of Slovenia from a specific foreign country to a specific third country, whereby he/she may, on each occasion, remain in the Republic of Slovenia for no more than five days, provided the validity of the visa does not exceed six months.

           (2) A transit visa may only be issued if the alien provides evidence that he/she has been admitted into the country which he/she will enter from the Republic of Slovenia.

 

Article 17

(Entry Visa – Visa C and Visa D)

 

           (1) A visa shall be issued for a single or for multiple entries into the country where neither a single uninterrupted stay nor the collective duration of successive stays in the Republic of Slovenia must exceed 90 days within a period of six months, starting from the day of first entry.

           (2) A multiple-entry visa may be issued for a period not exceeding one year.

           (3) A multiple-entry visa my exceptionally be issued for more than one year if this is in the interest of the Republic of Slovenia, which shall be determined by the ministry responsible for foreign affairs, at the proposal of an individual ministry.

           (4) A single- or multi-entry visa shall be issued for tourist, business, personal or other types of visits, or for entry into the Republic of Slovenia whose purpose is similar to those listed above.

           (5) The purpose for which a visa has been issued shall be clearly specified in the visa.

           (6) The Government of the Republic of Slovenia may determine cases in which the visa specified in Paragraph 1 of this Article may exceptionally be issued for a longer stay, however, in no case may this period exceed six month in one year (VISA D).

 

Article 18

(Group Passport Visa)

 

           (1) A group passport visa shall be issued as an airport transit visa (Visa A), as a transit visa (Visa B) or as an entry visa (Visa C) for a group of aliens consisting of no fewer than five and no more than 50 persons.

           (2) An entry visa in a group passport may be issued for a stay which may last no longer than 30 days.

 

Article 19

(Issuing of Visas)

 

           (1) A visa shall be issued at the request of an alien if he/she is in possession of a valid travel document and if this Act does not stipulate any reasons for refusing his/her entry into the country.

           (2) An alien must acquire a visa prior to entering the country.

           (3) Visas shall be issued by diplomatic/consular representatives of the Republic of Slovenia abroad.

           (4) Under the conditions prescribed by the minister responsible for internal affairs, a border control authority may exceptionally issue a single-entry or transit visa.

           (5) Under the conditions prescribed by the minister for foreign affairs, the ministry responsible for foreign affairs may exceptionally issue a visa.

           (6) In the request stipulated in Paragraph 1 of this Article, an alien must specify the purpose of his/her arrival in the country, and enclose a valid travel document into which the visa can be attached and, if necessary, documentation to prove the purpose and conditions of his/her visit.

           (7) At the request of the competent authority specified in Paragraph 3 of this Article, an alien shall be obliged to report to the competent authority in person.

 

Article 20

(Refusal to Issue a Visa)

 

           (1) An alien shall not be issued with a visa if:

           there are reasons for refusing entry in accordance with Article 9 hereof;

           he/she fails to enclose a valid travel of other suitable document in the request, or if he/she fails to produce any other necessary documentation at the request of the competent authority;

           if he/she fails to report in person to the competent authority at the request of the competent authority.

           (2) An alien may be issued with a transit visa irrespective of the existence of reasons for refusal if his/her transit does not contravene the interests of the Republic of Slovenia and if the conditions under Article 16, Paragraph 2 are fulfilled.

           (3) Irrespective of the existence of reasons for refusing the issue of a visa, a visa may be issued for humanitarian reasons, or if this is in the interest of the Republic of Slovenia or on the basis of adopted international obligations. The conditions and manner of issuing a visa for humanitarian reasons shall be prescribed by the minister responsible for internal affairs.

           (4) If a visa is issued pursuant to Paragraph 2 or 3 of this Article, the competent authority may decide that the alien may only enter the country at a specifically determined border crossing.

 

Article 21

(Content and Form of Visas)

 

           (1) A visa must contain data on:

           the type of visa,

           the period of validity,

           the duration of stay in the country,

           the number of entries,

           the purpose of the visit,

           personal data on the person to whom the visa is issued,

           a photograph attached to the application for issuing a visa, showing the true image of the person to whom the visa is issued.

           (2) A visa shall be issued in the form of a sticker which shall be attached to the travel document.

           (3) The minister responsible for internal affairs shall issue instructions on the content and form of visas in agreement with the minister responsible for foreign affairs.

           (4) It shall not be possible to modify data entered in a visa which has already been issued.

 

Article 22

(Annulment of Visas)

 

           (1) A visa shall be annulled if:

           it is determined subsequently that at the time the visa was issued, the alien did not fulfil the conditions determined by this Act;

           it is established that the alien no longer fulfils the conditions for the issuing of a visa;

           the alien intentionally gave incorrect data on his/her identity or any other inaccurate data, or if he/she intentionally concealed circumstances which have a bearing on the issuing of a visa;

           the alien is no longer in possession of a valid travel or other suitable document;

           expulsion or deportation from the country has been ordered against the alien.

           (2) A visa shall be annulled by the ministry responsible for internal affairs or by a border control authority. In the event that the alien has not yet entered the Republic of Slovenia, the visa may also be annulled by the diplomatic/consular representative. The visa may also be annulled by the ministry responsible for foreign affairs.

           (3) The annulment of the visa shall be clearly marked in the travel document of the alien, into which it has been entered. The manner of marking shall be prescribed by the minister responsible for internal affairs.

           (4) An alien whose visa has been annulled and who is located in the Republic of Slovenia must immediately leave the country.

 

Article 23

(deleted)

 

Article 24

(Obligations of Carriers)

 

           (1) A carrier may only bring an alien into the national territory of the Republic of Slovenia by land, air o r waterway if this alien is in possession of the suitable travel document and entry permit which he/she needs as a citizen of specific countries.

           (2) At the request of the border control authority, the carrier under Paragraph 1 of this Article shall be ob liged to provide immediately upon arrival and free of charge, information on travel documents and entry permits of the passengers, carriers and members of the crew.

           (3) If an alien is refused entry into the Republic of Slovenia, the carrier which brought him/her by air, land or waterway to the border in contravention to Paragraph 1 of this Article, must immediately take him/her in care and take him/her out of the country at its own expense.

 

 

CHAPTER IV

RESIDENCE OF ALIENS

 

Article 25

(Residence Permits)

 

           (1) An alien who wishes to stay in the Republic of Slovenia for a longer period of time than possible on the basis of a visa, or who wishes to enter and stay in the Republic of Slovenia for reasons other than those possible on the basis of a visa must have a residence permit.

           (2) A residence permit shall mean a permit to enter the Republic of Slovenia and to reside for a definite period of time and for a specific purpose, or to reside for an indefinite period of time.

           (3) A permit for residence in the Republic of Slovenia shall not be required for those aliens and in those cases provided for by law or international agreements.

 

Article 26

(Type of Residence Permits)

 

           (1) A residence permit shall be issued as:

           a) a permit for temporary residence, or

           b) a permit for permanent residence.

           (2) A permit for temporary residence shall be issued for a specific purpose and for a specific period of time.

           (3) A permit for temporary residence without reference to a specific purpose may be issued to certain aliens as an unrelated permit for temporary residence under the conditions determined by this Act.

           (4) A permit for permanent residence shall be issued without any restrictions regarding the duration and purpose of stay in the Republic of Slovenia.

 

Article 27

(Conditions for Issuing Residence Permits)

 

           (1) A residence permit shall be issued upon the application of an alien who wishes to reside in the Republic of Slovenia. The application for a residence permit of an alien in the Republic of Slovenia may also be submitted, under the cases specified by this Act, by another natural or legal person.

           (2) The application for issuing a residence permit must state the purpose of residence in the Republic of Slovenia. The applicant may not change the stated purpose of residence during the procedure.

           (3) An alien who wishes to reside in the Republic of Slovenia must be in possession of a valid travel document whose period of validity exceeds the intended period of stay in the Republic of Slovenia by at least three months, must be in possession of an appropriate health insurance and sufficient funds for subsistence during his/her stay in the country, or his/her subsistence must be guaranteed otherwise.

           (4) An alien who wishes to reside in the Republic of Slovenia must, in addition to the conditions specified in the preceding paragraph, also fulfil the conditions stipulated by this Act for the issue of a specific type of a residence permit.

           (5) The applicant must submit, together with the application for a residence permit, a valid travel document pursuant to Paragraph 3 of this Article or a verified copy of such a document and other evidence and documents indicating the fulfilment of the conditions under Paragraphs 3 and 4 of this Article. The applicant shall be obliged to appear in person upon invitation by the competent authority.

           (6) The residence permit shall be clearly entered in the travel document or shall be issued in the form of a decision. Except for the permit for the first stay, the residence permit may be issued in the form of a decision if an alien, whose identity is not disputable, does not have and cannot acquire a travel document from his/her home country. In these cases, the alien shall be issued with a personal identity card for aliensex officio.

           (7) A residence permit shall be handed in person to the alien to whom the permit is granted or to his/her legal representative.

           (8) The law or an international act may stipulate that specific aliens shall have the right to reside in the Republic of Slovenia under the conditions determined by the law or by an international act.

 

Article 28

(Issuing of Permits for First Residence)

 

           (1) A permit for first residence in the Republic of Slovenia may only be issued as a permit of temporary residence.

           (2) Aliens must acquire a permit for first residence in the Republic of Slovenia prior to their entry into the country, if not otherwise determined by law.

           (3) The application for the permit under Paragraph 1 of this Article shall be filed with a diplomatic/consular representative of the Republic of Slovenia abroad or with the competent authority in the Republic of Slovenia, if so stipulated by this Act.

           (4) The permit for first residence must not be issued for a period exceeding one year, unless otherwise determined by this Act.

 

Article 29

(deleted)

 

Article 30

(Issuing of Permits for Temporary Residence)

 

           (1) Aliens shall be issued with a permit for temporary residence if they intend to reside in the Republic of Slovenia for the purpose of:

           employment or work;

           reuniting of a family;

           study, education, specialisation or advanced professional training, practical training, cooperation or participation in international volunteer exchange programmes and other programmes which are not deemed to be part of the formal education system;

           other legitimate reasons justified by law, international acts or international principles and practice.

           (2) The permit for temporary residence in the Republic of Slovenia shall also be issued to:

           aliens – next of kin of Slovene citizens;

           aliens of Slovene origin up to the third generation in a straight line;

           aliens’ children born in the Republic of Slovenia.

           (3) A permit for temporary residence in the Republic of Slovenia shall be issued for the period of time required to achieve the purpose of residence, however not exceeding one year, unless the law stipulates otherwise. A permit for temporary residence may be issued to aliens in possession of a valid travel document, whose validity must exceed the period of time for which the permit is issued by at least three months.

           (4) Aliens who are in possession of a permit for temporary residence may reside in the Republic of Slovenia until the expiry of the validity of the issued permit.

           (5) Aliens who are issued with a permit for temporary residence for a specific purpose may only reside in t he Republic of Slovenia in accordance with the purpose for which the permit was issued.

 

Article 31

(Extension of Residence Permits and the Issuing of Further Permits)

 

           (1) A permit for temporary residence may be extended under the same conditions under which it was issued. Aliens must file an application for an extension of the permit with the competent authority in the Republic of Slovenia prior to the expiry of the validity of the permit.

           (2) Aliens who are in possession of a temporary residence permit in the Republic of Slovenia may prior to the expiry of the period for which the permit was issued, file an application with the competent authority in the Republic of Slovenia for the issuing of a further permit for residence for a different purpose.

           (3) If the competent authority rejects the application for extension or refuses to issue a further permit, or stops the procedure, the alien must leave the country within 15 days of receiving the final decision or ruling.

           (4) Aliens shall have the right to appeal against the decision or ruling specified in Paragraph 3 of this Article within 15 days of receiving the decision or ruling.

 

Article 32

(Residence Permit for Employment or Work Purposes)

 

           (1) A permit for temporary residence may be issued to aliens who wish to reside in the Republic of Slovenia for the purposes of employment or work, if they are in possession of a work permit or any other permit required in accordance with the law governing the employment and work of aliens, or if they fulfil the conditions which are prescribed by laws and other regulations of the Republic of Slovenia for the performance of specific activities.

           (2) Aliens shall be issued with a permit for first residence in the Republic of Slovenia specified in the preceding paragraph of this Article for the same period for which the work permit or any other appropriate permit is valid, however for no longer than one year.

           (3) Subsequent to its expiry, the permit specified in the preceding paragraph of this Article may be extended if the conditions under Paragraph 1 are fulfilled, however for no longer than two years.

           (4) An alien who, on the basis of a permit specified in Paragraph 1 of this Article, has been residing in the Republic of Slovenia uninterruptedly for three years may be issued with a permit for a period exceeding two years by the competent authority pursuant to the conditions under Paragraph 1 of this Article.

           (5) The Government of the Republic of Slovenia shall issue a regulation setting out cases in which the quota specified in Article 5, Paragraph 2 hereof need not be observed in the process of issuing the permit specified in Paragraph 1 of this Article.

           (6) The Government of the Republic of Slovenia shall issue a regulation specifying the cases in which an alien does not require a residence permit for the purpose of employment or work.

 

Article 33

(Permits for Temporary Residence for Study Purposes)

 

           (1) Aliens accepted as students for study, education, specialisation or advanced professional training in suitable educational institutions in the Republic of Slovenia shall have the right to reside in the Republic of Slovenia for the duration of their study, education, specialisation, advanced professional or practical training.

           (2) The alien specified in the preceding paragraph of this Article shall be issued with a permit for temporary residence for the duration of his/her study, education, specialisation or advanced professional training, however for no longer than one year. In the event that the study, education, specialisation, advanced professional training lasts longer than one year, the permit shall be extended annually.

           (3) The conditions for issuing a permit specified in the preceding paragraph of this Article shall be evidence of acceptance to study, education, specialisation, advanced professional training issued by the educational institution which accepted the alien as a student, or confirmation of the competent state authority which is responsible for the implementation of international or bilateral agreements or which is the grant-awarding body, or confirmation issued by the state-authorised organisation responsible for the implementation of a specific course.

 

Article 34

(Permit for Temporary Residence for Seasonal Work and for Cross-Border Provision of Services Involving Workers on Secondment)

 

           (1) Aliens shall be issued with a permit for temporary residence for seasonal work for no more than six months, or exceptionally for nine months in areas which require this amount of time.

           (2) Aliens shall be issued with a permit specified under the preceding paragraph of this Article if the conditions specified under Article 5, Paragraph 2 hereof are fulfilled.

           (3) The permit specified in Paragraph 1 of this Article may be issued on the basis of an application filed by an alien or an employer. The employer may file the application for the issue of a permit for first residence with the diplomatic/consular representative of the Republic of Slovenia abroad or with the competent authority in the Republic of Slovenia.

           (4) Aliens cannot be issued with a further permit for temporary residence on the basis of the permit for temporary residence for seasonal work.

           (5) In cases where the act governing employment and work of aliens requires a work permit for the provision of foreign services, aliens may be issued with a permit for temporary residence for the duration of the contractual work which, however, must not exceed one year, unless otherwise determined by inter-state agreement.

           (6) If there are justified reasons why the contract cannot be completed in the prescribed period of time, the permit of the alien shall be extended until the completion of the work, on the basis of the prior acquisition of the extension of validity of the work permit.

           (7) The application for the issuing of a permit specified in Paragraph 5 of this Article may be filed by an alien or by the legal representative of both contracting parties. The application must include the following enclosures:

           a work permit;

           a confirmed list of workers on secondment, including all data on a prescribed form, which shall be issued and confirmed by the Employment Service;

           evidence that an alien sent by an alien employer to the Republic of Slovenia on a contractual basis is in possession of social and health insurance in the country from which he/she has been seconded.

 

Article 35

(Daily Migrant Workers)

 

           (1) A daily migrant worker may be issued with a temporary residence permit for daily migrant workers.

           (2) The persons referred to in the preceding paragraph shall be issued with a temporary residence permit for migrant workers for a period of two years, if they fulfil the conditions for the issue of a permit for temporary residence for the purposes of employment or work and if they submit evidence that they are daily migrant workers.

           (3) If a person specified in Paragraph 1 of this Article still fulfils the conditions under Paragraph 2 of this Article after the two years have expired, the authority issuing the temporary residence permit for daily migrant workers shall renew the permit for the same period of validity.

 

Article 36

(Reuniting of Families and the Right to Family Integrity)

 

           (1) With the exception of aliens who are in possession of a temporary residence permit for the purposes of seasonal work, aliens who are in possession of a permit for permanent residence or of a permit for temporary residence in the Republic of Slovenia shall, under the conditions and in accordance with this Act, be recognised the right to reunion, preservation and re-acquisition of family integrity with their immediate family members who are aliens.

           (2) The application for the issue of a residence permit shall be filed with the diplomatic/consular representative of the Republic of Slovenia abroad or with the competent authority in the Republic of Slovenia.

           (3) In accordance with this Act, immediate family members shall be deemed to be spouses, juvenile unmarried children (minors) and parents of minors. The responsible authority may, exceptionally and at its own discretion, deem other close relatives of the alien to be immediate family members if there are special circumstances in favour of the reuniting of the family in the Republic of Slovenia.

           (4) A residence permit for the reuniting of a family shall be issued at the request of an alien specified in Paragraph 1 of this Article, who must submit evidence of sufficient funds to support those immediate family members who intend to reside in the country.

           (5) A residence permit for the reuniting of a family or the preservation of family integrity shall be issued to a member of the alien ’s family for a period of time equal to the residence permit granted to the alien who is exercising the right to family integrity, and may be extended together with his/her permit. The permit for residence for the reuniting of a family may be extended for a period of validity of two years for an immediate family member of an alien in possession of a permit for permanent residence in the Republic of Slovenia; if he/she has been residing in the Republic of Slovenia for three years uninterruptedly on the basis of a permit for temporary residence, the permit specified in Paragraph 1 of this Article may also be issued for a longer period.

           (6) The alien’s spouse and children shall, on condition that they fulfil the conditions stipulated by law, be issued with a residence permit as an unrelated permit.

           (7) The competent authority may extend the residence permit of an immediate family member of an alien specified in Paragraph 1 of this Article even in the event of the death of the alien concerned or of the end of the marriage, however the duration of the marriage in the Republic of Slovenia was at least three years. Such a permit may only be extended once for a period of validity not exceeding one year.

 

Article 37

(Alien Immediate Family Members of Slovene Citizens and Aliens of Slovene Origin)

 

           (1) Alien immediate family members of Slovene citizens shall have the right to reside in the Republic of Slovenia under the conditions of and in accordance with this Act.

           (2) Slovene citizens who have registered residence in the Republic of Slovenia may file an application for the issuing of a residence permit for their immediate family members.

           (3) A residence permit shall be issued to alien family members of Slovene citizens as an unrelated permit for a period of three years and may be extended under the conditions determined by this Act. The application referred to in the preceding paragraph shall be filed with the diplomatic/consular representative of the Republic of Slovenia abroad or with the competent authority in the Republic of Slovenia.

           (4) The residence permit of an alien spouse of a Slovene citizen shall cease to be valid if the marriage breaks up within two years of the issuing of the permit.

           (5) Aliens of Slovene origin, in accordance with this Act, have the right to reside in the Republic of Slovenia if they provide evidence that they fulfil the conditions stipulated in Article 27, Paragraph 3 hereof.

 

Article 38

(Aliens’ Children Born in the Republic of Slovenia)

 

           (1) Aliens’ children born in the Republic of Slovenia who do not acquire Slovene citizenship shall not be required to have a residence permit in their first three months of live.

           (2) After the three months have expired, the competent state authority shall issue a residence permit for the children referred to under the preceding paragraph of this Articleex officio, which shall be valid or shall be extended for as long as the children’s mother or father, or the guardian in charge of bringing up the child, until the child completes the eighteenths year of age, has a permit of residence or extends this permit.

           (3) The competent authority shall issueex officioa permanent residence permit to a child referred to in Paragraph 1 of this Article, on condition that at least one of the parents is in possession of a permanent residence permit in the Republic of Slovenia or that the child’s guardian is a Slovene citizen or is an alien in possession of a permanent residence permit in the Republic of Slovenia.

 

Article 39

(deleted)

 

Article 40

(Permits for Residence for Other Well-Founded Reasons)

 

           Aliens who, in accordance with the law, with international acts or international principles or practice, demonstrate well-founded reasons which justify their stay in the Republic of Slovenia may be issued with a permit for temporary residence by the competent authority for the period of time for which their presence in the country is indispensable, however for no longer than one year.

 

Article 41

(Permits for Permanent Residence)

 

           (1) A permit for permanent residence may be issued to an alien who has resided in the Republic of Slovenia uninterruptedly for eight years on the basis of a permit for temporary residence if there are no reasons for his/her refusal pursuant to Article 43 hereof and if he/she fulfils all other legally prescribed conditions.

           (2) Aliens of Slovene origin or aliens whose stay in the Republic of Slovenia is in the interest of the Republic of Slovenia, and immediate family members of Slovene citizens, or aliens who have a permit for permanent residence or have refugee status in the Republic of Slovenia may be issued with a permit for permanent residence even prior to the expiry of the period specified in the preceding paragraph.

           (3) A permit for permanent residence shall not be issued to aliens who have been given a prison sentence of a total duration exceeding one year in the last three years. The time that the alien spends in prison shall not be included in the period of time required for an alien to be issued with a permit for permanent residence.

           (4) Aliens who apply for a permit for permanent residence must, at the request of the competent authority, enclose with the application evidence of the funds required to support themselves, evidence demonstrating their entitlement to contributions from pension or other suitable insurance, and other evidence or documentation which demonstrates well-founded reasons for their application for the issuing of the permit.

 

Article 42

(Jurisdiction of Authorities Responsible for Issuing Permits)

 

           (1) A permit for temporary residence in the Republic of Slovenia shall be issued and extended by the administrative unit in whose territory the alien intends to reside, or by the administrative unit in whose territory the alien is residing. The temporary residence permit for the purpose of performing seasonal work and the temporary residence permit for the performance of cross-border services with seconded workers may be issued and extended by the administrative unit in which the employer is seated or where the activity is performed.

           (2) Permits for permanent residence shall be issued by the administrative unit in whose territory the alien resides.

 

Article 43

(Refusal to Issue a Residence Permit)

 

           (1) A permit for residence in the Republic of Slovenia shall not be issued to an alien if:

           the conditions specified in Article 27, Paragraphs 3 and 4 hereof are not fulfilled,

           the alien is prohibited entry into the country,

           there are reasons for believing that the alien will not voluntarily leave the Republic of Slovenia after the expiry of the validity of his/her permit,

           there are reasonable grounds to suspect that the alien may pose a threat to public order and security, or to the international relations of the Republic of Slovenia, or if it is suspected that his/her residence in the country will be linked to the execution of terrorist or other violent activities, illegal intelligence activities, drug trafficking or the performance of other criminal activity,

           there are reasons to believe that the alien will not comply with the legal system of the Republic of Slovenia,

           it is obvious that a marriage was undertaken solely or mainly for the purpose of acquiring a residence permit,

           it is established that the alien has actually already been residing in the Republic of Slovenia.

           (2) In the case under the fourth indent of the preceding paragraph, the competent authority shall not be obliged to explain the reasons for the refusal.

 

Article 44

(Annulment of Residence Permits)

 

           (1) A residence permit shall be annulled by the authority which issued such permit if:

           it is subsequently determined that there were reasons for refusing to issue a permit;

           reasons subsequently arise for refusing to issue a permit;

           the alien intentionally submitted incorrect data on his/her identity or other inaccurate data, or if he/she intentionally concealed circumstances which have a bearing on the issuing of a permit.

           (2) The competent authority shall issue a decision on the annulment of a residence permit against which the alien may file an appeal with the ministry responsible for internal affairs within eight days after the receipt of the decision.

 

Article 45

(Expiry of Residence Permits)

 

           (1) A permit for temporary residence shall expire if:

           the validity of the permit expires or if the permit is annulled;

           the alien’s residence is revoked;

           a sentence of expulsion from the country or the security measure of deportation from the country has been passed on the alien;

           the alien relinquishes the permit, from the day the statement on the relinquishment of the permit for temporary residence is submitted;

           the alien acquired citizenship of the Republic of Slovenia.

(2) A permit for permanent residence shall cease to be valid if:

           the permit is annulled;

           the alien’s residence is revoked;

           an additional sentence of expulsion from the country or the security measure of deportation from the country has been passed on the alien;

           the alien relinquishes the permit, from the day the statement on the relinquishment of the permit for permanent residence is submitted;

           the alien acquires citizenship of the Republic of Slovenia;

           the alien moves abroad or remains abroad uninterruptedly for one year and does not notify the authority which issued the permit.

 

Article 46

(Manner of Issuing, Content, Annulment and Form of Residence Permits)

 

           (1) The competent authority which issues a residence permit to an alien shall clearly enter the permit in the alien’s travel document in the form of a sticker or issue the permit as a decision.

           (2) A residence permit must contain the photograph of the person to whom the permit was issued and data on:

           the type of permit,

           the purpose for which it was issued,

           the permits and documents required for the permit to be issued and

           personal data of the person to whom the permit was issued.

           (3) The competent authority shall clearly mark the annulment or expiry of the residence permit in the travel document.

           (4) The minister responsible for internal affairs shall prescribe the content, form and manner of issuing of a residence permit and the manner and marking of the annulment or expiry of a residence permit.

 

 

CHAPTER V

DEPARTURE FROM THE COUNTRY AND ANNULMENT OF RESIDENCE

 

Article 47

(Illegal Residence)

 

           (1) Aliens who reside in the Republic of Slovenia illegally must leave the country immediately or within a stipulated period of time.

           (2) It shall be deemed that an alien is residing in the Republic of Slovenia illegally if:

           he/she entered without permission;

           his/her visa was annulled or if the period for which it was issued has expired, or he/she resides in the Republic of Slovenia in contravention of the entry entitlement or if the time of the period he could reside in the Republic of Slovenia on the basis of the law or an international agreement has expired;

           he/she is not in possession of a residence permit, or if the permit has expired.

           (3) An alien who has filed an application for an extension of his/her residence permit or for a further permit in due time shall be permitted to remain until his/her application has been decided upon, and shall be issued with a special confirmation, which shall serve as a permit for temporary residence until the application has been decided upon.

           (4) In determining the term in which an alien must leave the country, the authority which issues the decision must take into account the time in which the alien is able to leave the country, whereby the term must not exceed three months.

 

Article 48

(Annulment of Residence)

 

           (1) Residence may be annulled to an alien who is in possession of a permit for permanent residence in the Republic of Slovenia if:

           he/she was convicted by final judgement of a criminal offence and given an unconditional prison sentence of more than three years;

           there are well-founded reasons for believing that he/she may pose a threat to national security, public security or peace.

           (2) Apart from the reasons specified under the preceding paragraph of this Article, residence of an alien who is legally residing in the Republic of Slovenia may be annulled if:

           he/she is residing in contravention of the purpose for which the permit was issued;

           he/she poses a threat to public order and peace;

           he/she refuses to comply with decisions of the state authorities;

           he/she has been convicted of a criminal offence and given an unconditional prison sentence of more than three months;

           he/she runs out of funds to support himself/herself and does not secure any other means of support for the duration of his/her stay in the Republic of Slovenia.

 

Article 49

(Decisions on the Annulment of Residence)

 

           (1) The decision on the annulment of residence stipulated in Article 48 hereof shall be issued by the administrative unit in whose territory the alien is residing.

           (2) The decision on the annulment of residence specified under the preceding paragraph of this Article shall specify a deadline by which the alien must leave the Republic of Slovenia, and the period of time during which the alien shall not be permitted to re-enter the country, whereby this period of time must not be less than one year and not more than five years.

           (3) In reaching a decision on the annulment of residence, the authority under Paragraph 1 shall take into account the length of stay of the alien in the country, his/her personal, family, economic and other ties linking him/her to the Republic of Slovenia, and the effect the annulment of residence would have on the alien or his/her family.

           (4) An alien may file an appeal against the decision specified in Paragraph 1 within three days.

           (5) In judging how long an alien shall be prohibited from re-entering the country, the authority which issues the decision on the annulment of residence shall take into account the type and gravity of the circumstances by reason of which the alien’s stay in the Republic of Slovenia is undesirable.

           (6) The decision on the annulment of residence shall be clearly marked in the travel document of the alien. The minister responsible for internal affairs shall prescribe the manner of marking.

 

 

CHAPTER VI

DEPORTATION OF ALIENS

 

Article 50

(Deportation of Aliens)

 

           (1) An alien who fails to leave the territory of the Republic of Slovenia pursuant to Article 47, Paragraph 1 hereof shall be deported from the country.

           (2) An alien against whom the additional sentence of expulsion from the country or the security measure of deportation from the country has been passed shall be deported from the country.

           (3) An alien may only be deported from the country if the decision on the basis of which the alien is obliged to leave the country is executable.

           (4) An alien who, in compliance with the law, has to be deported from the country shall be brought to the state border by the police and directed across the border and handed over to the authorities of that country.

           (5) The police shall also bring to and direct across the state border and hand over to the authorities of that country an alien who is being deported on the basis of an international agreement.

 

Article 51

(Prohibition of Deportation of an Alien)

 

           (1) The deportation or expulsion of an alien to a country in which his/her life or freedom would be endangered on the basis of race, religion, nationality, membership of a special social group or political conviction, or to a country in which the alien would be exposed to torture or to inhumane and humiliating treatment or punishment, shall not be permitted.

 

Article 52

(Permission to Remain)

 

           (1) In accordance with this Act, remaining in the country shall mean a permission granted to an alien who has been given a deadline by which to leave the country, or to an alien who must be deported, to remain temporarily in the Republic of Slovenia.

           (2) Permission to remain in the Republic of Slovenia shall be granted if:

           deportation would contravene Article 51 hereof;

           deportation is not possible due to other reasons.

           (3) The permission to remain shall be issued by the competent authority at the request of the alien, or ex officio, for a period of six months; the permission may be extended for as long as the conditions specified in the preceding paragraph of this Article exist.

           (4) In the decision with which it permits an alien to remain in the Republic of Slovenia, the competent authority shall determine the alien’s place of residence at a specific address.

           (5) Permission to remain shall not cancel or in any way change the alien’s obligation to leave the country.

 

Article 53

(Cessation of Permission to Remain)

 

           Permission to remain in the Republic of Slovenia shall cease to be valid immediately after the reasons preventing deportation cease to exist or if an alien acquires the permit to reside in the Republic of Slovenia on the basis of a law or an international agreement.

 

Article 54

(deleted)

 

Article 55

(Rights of Aliens who have been Permitted to Remain Temporarily)

 

           An alien who has been permitted to remain temporarily in the Republic of Slovenia shall have the right to basic healthcare in accordance with the act governing healthcare and health insurance, a right to basic care, while alien school-age children shall have the right to primary education.

 

Article 56

(Restrictions of Movement of Aliens who are Obliged to Leave the Country)

 

           (1) Until the time they are deported but for no longer than six months, aliens who do not leave the country by the specified deadline and whom it is not possible to deport immediately for whatever reason, shall be ordered by the police to move to the Centre for Aliens (hereinafter referred to as the “Centre”) or outside the Centre, until their removal from the country.

           (2) The provision of the preceding paragraph of this Article shall also be applied in cases where the identity of the alien is not known.

           (3) An alien specified in the first paragraph of this Article whom it is not possible to accommodate at the Centre due to special reasons or needs may, in agreement with the social security office and with the costs borne by the Centre, be accommodated at a social security facility or provided with other appropriate institutional care.

 

Article 57

(Stricter Police Supervision)

 

           (1) Stricter police supervision in the Centre may be ordered against an alien specified in Article 56 hereof.

           (2) Accommodation under stricter police supervision may be ordered by a police decision if:

           it is suspected that the alien will attempt to avoid deportation or if the alien has already avoided such a measure,

           it is necessary due to reasons of public order, national security or international relations.

           Residence under stricter police supervision shall be ordered for the period required for the removal of the alien, however, not exceeding six months.

           (3) Stricter police supervision shall mean the restriction of the freedom of movement to the premises of the Centre and in accordance with the house regulations of the Centre.

 

Article 58

(Procedure Regarding Restriction of Movement)

 

           (1) An alien’s accommodation at the Centre or outside the Centre and accommodation under stricter police supervision shall be ordered by the police with a decision, against which the alien may file an appeal with the minister responsible for internal affairs within a period of eight days of the receipt of a written issue of the decision.

           (2) An appeal shall not withhold the execution of the decision.

           (3) An appeal shall be decided upon by the minister within eight days. An administrative dispute may be initiated against the decision on the appeal.

           (4) If for objective reasons it is not possible to deport an alien even after six months have passed, the police may:

           extend accommodation at the Centre or accommodation under stricter police supervision for a further six months if it is realistic to expect that it will be possible to deport the alien within this time and, in particular, if the procedure for determining identity or the acquisition of documents for the deportation of the alien are still in progress, or if the extension is necessary for security reasons;

           determine another place of accommodation for the alien outside the Centre until his/her deportation, where he/she must observe the rules on accommodation outside the Centre; the alien may otherwise be re-accommodated at the Centre.

           (5) The police may adopt measures in accordance with the second indent of the preceding paragraph of this Article even before six months have passed if, for objective reasons, it is not realistic to expect that the alien will be deported from the country within that time.

 

Article 59

(More Lenient Measures)

 

           (1) The police may, at any point in time, replace the measure of the obligatory accommodation of an alien at the Centre with more lenient measures if they believe that it is possible to thereby accomplish their purpose.

           (2) On the basis of the preceding paragraph of this Article, the police may allow an alien to reside outside the Centre, whereby the police may determine the place of residence.

           (3) In the event of the measure referred to in the preceding paragraph of this Article, the police may restrict the movement of an alien to his/her place of residence, and impose on him/her the obligation to report regularly to the nearest police station.

           (4) The conditions and procedures for the measures specified in Paragraph 1 of this Article shall be set out by the Director General of the Police.

 

Article 60

(Measures Relating to Minors)

 

           (1) An alien minor who has entered the Republic of Slovenia illegally and who was not accompanied by his/her parents or other legal representatives, or who remained without the persons who accompanied him/her after he/she arrived in Slovenia shall be temporarily accommodated by the police at the special department responsible for minors at the Centre, and the social work centre be notified hereof, which shall, in accordance with the law, immediately designate a temporary representative for the minor, if the authority which apprehended him/her cannot return him/her immediately to the country from which he/she came or deliver him/her to representatives of the country of which he/she is a citizen.

           (2) A minor specified in the preceding paragraph of this Article must not return to his/her country of origin or to a third country which is willing to accept him/her until suitable reception is provided; in no case may unaccompanied minors be returned in violation of the European Convention on Human Rights and Basic Freedoms, adopted with Protocols 3, 5 and 8 and supplemented with Protocol 2 and its protocols 1, 4, 6, 7, 9, 10 and 11 (Official Gazette of the Republic of Slovenia RS-MP, no. 7/94), the European Convention Against Torture and Other Cruel, Inhuman and Degrading Treatment or Punishment (Official Gazette of the Republic of Slovenia RS-MP, no. 1/94), or the Convention on the Rights of the Child (Official Gazette of the Republic of Slovenia RS-MP, no. 9/92).

           (3) An alien minor shall, as a rule, be provided with accommodation at the Centre together with his/her parents or legal representatives, unless it is assessed that other solutions may be better for him/her.

           (4) In the case of minors under 16 years of age, stricter police supervision may be only ordered exceptionally, whereby they must be accompanied by both or at least one of their parents.

 

Article 61

(Cessation of Accommodation at the Centre)

 

           (1) The accommodation of an alien at the Centre shall cease when all reasons for it cease to exist or when its purpose has been achieved.

           (2) The competent authority may, with the decision by which it permits an alien to remain in the Republic of Slovenia, determine a specific address as the place of accommodation instead of accommodation at the Centre.

           (3) Accommodation at the Centre may also be cancelled at the request of an alien if the police determine that the conditions are given for more lenient measures in accordance with this Act.

 

Article 62

(Costs of Deportation)

 

           (1) The aliens referred to in Article 56, Paragraph 1 hereof who have their own funds shall be obliged to cover the costs of their subsistence and accommodation and the costs incurred in relation to their deportation to the amount of their own funds.

           (2) If an alien has no funds, the costs referred to in the preceding paragraph of this Article shall be covered from the budget of the Republic of Slovenia.

           (3) The costs referred to in Paragraph 1 of this Article shall also be covered, in solidarity, by the person who illegally transported the alien across the national border or who offered the alien illegal employment or work or enabled him/her illegal residence in the Republic of Slovenia.

 

 

CHAPTER VII

PROCEDURES AND AUTHORITIES

 

Article 63

(Application of the Act Governing the General Administrative Procedure)

 

           Provisions of the act governing the general administrative procedure shall be applied in procedures carried out in accordance with this Act, unless otherwise determined by this Act.

 

Article 64

(Authorities)

 

           (1) Diplomatic and consular representatives of the Republic of Slovenia abroad and the ministry responsible for foreign affairs shall be competent for the issuing and annulment of visas.

           (2) Measures, decisions and procedures relating to the residence of an alien in the Republic of Slovenia shall, in the first instance, be the responsibility of the administrative unit in whose territory the alien is residing or intends to reside, unless otherwise determined by this Act.

           (3) The police shall be responsible for exercising border control, refusing entry to aliens at the border, issuing visas at the border, annulling visas, deporting aliens, permitting to remain, and for other measures and decisions determined by the law in relation to aliens at the border or inside the country.

           (4) The ministry responsible for internal affairs shall perform administrative and professional matters in relation to migration policy, to the entering, leaving and residence of aliens in the country, and shall decide on appeals against the decisions issued at the first instance and shall adopt measures in relation to aliens, if so determined by law.

           (5) The ministry responsible for internal affairs shall, in the performance of the duties specified in the preceding paragraph, cooperate with other ministries, authorities and services by guiding and coordinating their work. In order to ensure linkages and the coordinated performance of the duties referred to in the preceding paragraph which are of common importance for several ministries and in order to ensure a uniform and organised cooperation and coordination, a joint working body shall be created at the ministry responsible for internal affairs.

 

Article 65

(Appeals and Proceedings in the Second Instance)

 

           (1) Appeals against decisions and measures issued in the first instance by the authorities specified in Article 64, Paragraphs 2 and 3 hereof shall be decided upon by the ministry responsible for internal affairs.

           (2) An appeal against the refusal to issue, or the annulment of a visa and the refusal of entry into the country shall not be permitted. The competent authority shall not be obliged to give an explanation for the refusal to issue a visa.

           (3) An appeal against the refusal to issue a permit for first residence in the Republic of Slovenia shall only be permitted in cases where an alien exercises his/her right to be issued with a permit pursuant to Articles 33, 36 and 37 hereof. In cases where an appeal against the refusal to issue a permit for first residence is not permitted, the competent authority shall not be obliged to give an explanation for the rejection.

 

Article 65a

(Procedure at the Diplomatic and Consular Representatives of the Republic of Slovenia Abroad)

 

           (1) The application for a visa shall be filed by the alien personally on a form prescribed by the ministry responsible for internal affairs, in agreement with the ministry responsible for foreign affairs.

           (2) Aliens shall be obliged to enclose in the application for a permit for first residence all the documentation required by the diplomatic/consular representative of the Republic of Slovenia abroad. In the event of the said documentation not being enclosed, the diplomatic/consular representative of the Republic of Slovenia abroad shall not accept the application. The deadlines stipulated by the law governing the administrative procedure shall commence after the diplomatic/consular representative of the Republic of Slovenia abroad has received the complete application and after forwarding it to the competent administrative unit.

           (3) In the event of an administrative unit requesting the completion of an application for the permit for first residence, the diplomatic/consular representative of the Republic of Slovenia abroad shall send a written invitation to the alien or may, alternatively, call up the alien by telephone or verbally if the alien makes a call at the diplomatic/consular representative of the Republic of Slovenia abroad.

           (4) At the diplomatic/consular representative of the Republic of Slovenia abroad, the decision on a visa shall be made by the officer authorised by the minister responsible for foreign affairs. The officer shall determine whether the application is adequately documented and whether the alien’s statements are satisfactorily justified. In making a decision, the officer shall be bound by the regulations issued by the ministry responsible for internal affairs. The visa shall be handed out, as a rule, to the alien in person.

           (5) The diplomatic/consular representative of the Republic of Slovenia abroad shall hand out the permit for first residence, decision or ruling, to the alien in person. The invitation shall be extended to the alien in the manner stipulated in Paragraph 3 of this Article. The alien shall sign the handover slip which the diplomatic/consular representative of the Republic of Slovenia shall forward to the administrative unit.

 

Article 66

(Co-Operation between Authorities)

 

           (1) The authorities specified in Article 64 hereof shall be obliged, in the performance of the duties within their competences, to exercise mutual cooperation, supply legal assistance and provide the required data and information.

           (2) With respect to issues and questions regarding the entry, residence, departure of aliens, and other issues and questions regarding aliens, national and local community authorities in the Republic of Slovenia must cooperate with authorities responsible for aliens in accordance with this Act.

           (3) Aliens against whom criminal or misdemeanours proceedings have been initiated may only be deported from the country in agreement with the authority which initiated the proceedings against the alien concerned.

 

Article 67

(Obligations of Aliens in Proceedings)

 

           (1) Aliens must cooperate with the competent authorities throughout proceedings and must comply with their measures. Aliens must enable access by the competent authority to all available evidence and submit all documents and confirmations, which they possess and which may be relevant to proceedings, and respond to invitations by the competent authorities. The competent authority may set a suitable deadline by which aliens must submit all documents, confirmations and other evidence required, otherwise it shall not be obliged to take this evidence into account.

           (2) If proceedings in accordance with this Act were initiated at the demand or request of an alien and cannot be completed without his/her cooperation, his/her failure to respond shall be deemed to be a withdrawal of the request if, despite warnings by the competent authority, he/she fails to carry out any action for the continuation or completion of proceedings by the deadline set, or if it is possible to infer from the failure to act that the alien concerned is no longer interested in continuing proceedings.

 

Article 68

(Execution of Decisions)

 

           An appeal against a decision on accommodation at the Centre or outside the Centre and against a decision on stricter police supervision shall not withhold the execution of the decision.

 

Article 69

(Adoption of Decisions)

 

           The authority responsible for the proceedings shall decide on the basis of the facts and circumstances known in the Republic of Slovenia and, if so required in individual cases, on the basis of facts and data from authorities of the Republic of Slovenia abroad.

 

Article 70

(Obligation to Provide Information)

 

           (1) National and other authorities and organisations must, without delay, inform the competent authority of any aliens residing in the Republic of Slovenia illegally, or those for whom reasons for annulment of residence exist.

           (2) The state authority which initiated criminal or misdemeanours proceedings against an alien, or the authority which proposed such proceedings, must inform the authority responsible for aliens without delay.

 

 

CHAPTER VIII

PROCESSING AND PROTECTION OF PERSONAL DATA AND THE ESTABLISHMENT OF THE IDENTITY OF AN ALIEN

 

Article 71

(Processing of Personal Data)

 

           (1) Authorities responsible for the implementation of this Act may, for the purpose of implementing this Act and other laws, and the regulations issued on the basis of this Act in relation to aliens, process personal data on an alien concerned.

 

           (2) The authorities referred to in the preceding paragraph of this Article may process personal data on an alien, obtained without the cooperation of the alien concerned, from other authorities and organisations, and from other authorities:

           if this is in the interest of the alien concerned and if he/she gave his/her consent;

           if this is permitted by law;

           if this is required for the purpose of verifying the data of the alien concerned.

           (3) National and other authorities and organisations which hold data referring to the aliens specified in the first paragraph of this Article shall be obliged to forward this data to competent authorities at their request.

           (4) The processing of the personal data specified in Paragraphs 1, 2 and 3 of this Article must be in accordance with the act governing personal data protection.

 

Article 72

(Rights of Aliens in Relation to Personal Data)

 

           In addition to the rights which they have in relation to the protection of personal data on the basis of the law and other regulations, aliens shall also have the right to check personal data entered in a residence permit or a visa, as well as the right to request their modification or deletion if required.

 

Article 73

(Determination of the Identity of Aliens)

 

           The police may determine the identity of an alien, even against his/her will, if:

           he/she is based at the Centre;

           his/her residence in the Republic of Slovenia has been annulled or he/she has been refused entry into the country;

           there is a suspicion that the measure of prohibition of entry into the Republic of Slovenia is still in force for the alien concerned under a different name;

           a passport or other document for aliens is to be issued to an alien;

           he/she cannot demonstrate or prove his/her identity;

           this is necessary in order to determine nationality;

           he/she attempted to enter or has entered the country with a forged travel document or that of another person, and

           if there are other reasons determined by law.

 

Article 74

(Personal Name)

 

           (1) Aliens must, during their stay in the territory of the Republic of Slovenia, use the personal name which they were given in accordance with the regulations of their country, unless otherwise determined by law or an international agreement.

           (2) If the personal name entered in the copy from the birth certificate register is not identical to the personal name entered in the alien’s travel document, the name which shall be entered in the official records kept in the Republic of Slovenia shall be the personal name entered in the alien’s travel document.

 

Article 75

(Proof of Identity of Aliens)

 

           (1) Aliens shall prove their identity by means of a foreign travel document, personal identity card or other suitable document which is prescribed in the alien’s country and which proves the identity of the alien, a personal identity card for aliens, a cross-border identity card, or another public document issued by a state authority which includes a photograph and on the basis of which it is possible to ascertain the identity of the alien.

           (2) At the request of a police officer, aliens must prove their identity in the manner determined in the preceding paragraph of this Article.

           (3) At the request of a police officer, aliens must also produce a permit demonstrating that they have entered and are residing in the Republic of Slovenia legally.

           (4) Aliens must not lend a document specified in the first paragraph of this Article to other persons nor use another person’s document as their own.

           (5) Aliens must report missing, lost, stolen or otherwise misappropriated travel and other documents specified in Paragraph 1 of this Article to the police immediately, or at the latest within 24 hours of discovering it. Aliens shall be issued with a receipt by the police.

           (6) Aliens who lose their travel or other documents issued by a competent authority of the Republic of Slovenia while abroad must report this immediately to the nearest authority of the Republic of Slovenia abroad responsible for diplomatic/consular affairs.

 

 

CHAPTER IX

TRAVEL AND OTHER DOCUMENTS AND PERMITS

 

Article 76

(Issuing of Travel and Other Documents)

 

           (1) An alien who is in possession of a permit for residence in the Republic of Slovenia may be issued with a passport for aliens if:

           the person concerned is stateless;

           the person does not have and cannot acquire a valid travel document from his/her country of origin.

           (2) A passport for aliens may also be issued to other aliens who do not have a valid travel document, if well-founded reasons exist for this.

           (3) An application for a passport for aliens shall be filed by an alien in person with the administrative unit. The application may be filed by an alien who has reached the age of 18 and by an alien who has not yet reached the age of 18, but who has entered into marriage.

 

Article 77

(Travel Documents for Minors)

 

           A travel document for an alien under 18 years of age or for an alien who does not have the capacity to conduct business shall be applied for by his/her lawful representative.

 

Article 78

(Validity of Travel Documents for Aliens)

 

           (1) A passport for aliens may be issued with a validity of two years, unless:

           the alien applies for a travel document with a shorter period of validity;

           a shorter period of validity is sufficient for achieving the purpose for which the travel document is being issued.

           (2) Passports for aliens who are in the country shall be issued by the administrative unit, passports for aliens who are abroad shall be issued by the authorised diplomatic/consular representative of the Republic of Slovenia abroad.

           (3) Passports for aliens shall be valid for all countries, except for the country of which the alien is a citizen. Passports for aliens may also be issued with validity in only certain countries.

 

Article 79

(Refusal to Issue Passports for Aliens and their Seizure)

 

           (1) A passport for aliens shall not be issued to an alien:

           against whom criminal proceedings are in progress, if so requested by the competent court;

           who has been given an unconditional prison sentence, until the sentence has been served;

           if he/she has not settled his/her maintenance liabilities arising from marriage or from relations between parents and children to entitled persons who have permanent residence in the Republic of Slovenia, if so requested by the competent authority;

           if he/she has not settled his/her tax liabilities, if so requested by the competent authority.

           (2) A passport for aliens shall be seized if:

           the reasons specified in the preceding paragraph of this Article are determined subsequently, or if such reasons subsequently emerge;

           the passport does not contain a photograph or if it is no longer possible to determine the identity of the alien;

           the passport is forged, incomplete or damaged in some other way.

           (3) A passport for aliens shall be seized with a decision against which the alien may file an appeal within three days. An appeal shall not withhold the execution of the decision.

           (4) An alien must return his/her passport for aliens if he/she acquires citizenship of the Republic of Slovenia, or if he/she acquires a passport from the country of which he/she is a citizen or of which he/she becomes a citizen, or if his/her residence permit expires or is annulled.

 

Article 80

(Personal Identity Cards for Aliens)

 

           (1) Personal identity cards for aliens shall be issued by the administrative unit to an alien who has a permit for permanent residence in the Republic of Slovenia and who has reached the age of 18 years. Aliens must apply for a personal identity card within 30 days of their acquisition of a permit for permanent residence.

           (2) A personal identity card may also be issued to an alien who has a permit for temporary residence, if this is requested by the alien or is in accordance with Article 27, Paragraph 6 hereof.

           (3) A personal identity card may further be issued to an alien who has a residence permit and who has reach ed the age of 15 years, if so requested by the alien. Aliens below the age of 18 years may be issued with a personal identity card with a validity of no more than five years.

           (4) Personal identity cards for aliens who have a permit for permanent residence shall be issued with a validity of ten years, for aliens who have a permit for temporary residence, personal identity cards shall be issued with the same validity as that of their permit for temporary residence, but for no more than one year.

           (5) A personal identity card for aliens shall be seized:

           in the event of the early expiry of a permit for residence in the Republic of Slovenia;

           if the alien’s residence in the Republic of Slovenia is annulled;

           if an additional sentence of expulsion from the country or the security measure of deportation from the country has been passed;

           if the personal identity card does not include a photograph, or if it is no longer possible to determine the identity of the alien;

           if the personal identity card is forged, incomplete, damaged or has become unusable for other reasons.

           (6) Aliens must return their personal identity card for aliens to the competent authority:

           if they acquire citizenship of the Republic of Slovenia, or

           if they relocate from the territory of the Republic of Slovenia.

 

Article 81

(Identity Cards Indicating Permission to Remain in the Republic of Slovenia)

 

           The police may issue an identity card indicating permission to remain in the Republic of Slovenia to a person who has been permitted to remain temporarily in the Republic of Slovenia. The form and content of the identity card and the procedure for its issue shall be determined in a byelaw.

 

Article 81a

 

           The personal data referred to in Articles 89 and 90 hereof may be used by an authorised company or body for the production of passports for aliens or identity cards for aliens, for the purposes of entering data on the form of the passport for aliens and identity cards for aliens, and shall be obliged to destroy the data within 30 days of using it.

 

 

CHAPTER X

INTEGRATION OF ALIENS

 

Article 82

(Assistance in the Integration of Aliens)

 

           (1) The Republic of Slovenia shall ensure conditions for the inclusion of aliens who have a permit for residence in the Republic of Slovenia in the cultural, economic and social life of the Republic of Slovenia. In relation to this, it shall, in particular:

           organise courses in the Slovene language for aliens;

           organise courses and other forms of further education and professional training for aliens;

           provide information necessary for the inclusion of aliens in Slovene society, particularly with regard to their rights and obligations, opportunities for personal and social development;

           acquaint aliens with Slovene history, culture and constitutional order;

           organise joint events with Slovene citizens for the purpose of promoting mutual recognition and understanding.

           (2) National and other authorities, organisations and associations shall co-operate in particular with:

           competent authorities for the purpose of promoting the more rapid inclusion of aliens in the cultural, economic and social life of the Republic of Slovenia;

           international organisations for the purpose of addressing issues relating to the migration and integration of aliens.

           (3) Within their overall operations, national and other authorities, organisations and associations shall ensure protection against any type of discrimination against aliens based on racial, religious, national, ethnic or other types of difference.

           (4) The Government of the Republic of Slovenia shall issue a regulation determining the methods for guaranteeing and implementing the conditions for the integration of aliens.

 

CHAPTER XI

REGISTRATION AND DE-REGISTRATION OF RESIDENCE

 

Article 83

(Registration and De-Registration of Residence of Aliens)

 

           Aliens who have a permit for residence in the Republic of Slovenia must register their permanent or temporary residence with the competent authority.

 

Article 84

(Registration and De-Registration of Aliens)

 

           Healthcare institutions that receive aliens for treatment must notify the competent authority within 24 hours of receipt.

 

 

CHAPTER XII

RECORDS

 

Article 85

(Types of Records)

 

           (1) For the purpose of ensuring data on the situation and movement of aliens and on documents issued to them, records shall be kept on:

           permits for temporary residence,

           permits for permanent residence,

           aliens with registered temporary residence,

           aliens with registered permanent residence,

           visas,

           passports for aliens,

           personal identity cards for aliens, and identity cards indicating permission to remain in the Republic of Slovenia,

           aliens staying at the Centre,

           the expulsion of an alien from the country,

           security measures of deportation of an alien from the country,

           measures relating to the annulment of the residence of an alien,

           reservations regarding the issuing of a passport to an alien,

           aliens for whom stricter police supervision has been ordered,

           aliens who have been given accommodation outside the Centre,

           aliens who have been refused entry into the country, and

           records kept in accordance with Article 84 hereof.

           (2) The ministry responsible for internal affairs shall keep the records specified in Paragraph 1, Indents 8, 9, 10, 13, 14 and 16 of this Article and the record specified in Paragraph 1, Indent 11 of this Article when the permanent residence of an alien has been annulled; for the needs of its work, it may also use other records specified in Paragraph 1 of this Article.

           (3) The competent authority shall keep the records specified in Paragraph 1, Indents 1, 2, 3, 4, 5, 6, 7 and 12 of this Article and the record specified in Paragraph 1, Indent 11 of this Article, when the residence of an alien has been annulled in accordance with Article 48 of this Act; for the needs of its work, it may also use other records specified in Paragraph 1 of this Article.

           (4) The authority responsible for control of the state border crossings shall keep the records specified in Paragraph 1, Indents 5 and 15 of this Article; for the needs of its work, it may also use other records specified in Paragraph 1 of this Article.

           (5) The ministry responsible for foreign affairs or the authority of the Republic of Slovenia abroad authorised to conduct consular affairs shall keep the records specified in Paragraph 1, Indents 5 and 6 of this Article; for the needs of their work, they may also use other records specified in Paragraph 1 of this Article.

           (6) The authorities under the third, fourth and fifth paragraphs of this Article must forward the data referred to in Articles 90, 91, 92, 93, 94 and 95 hereof to the ministry responsible for keeping the central record. Authorities whose computer equipment is linked to the ministry’s computer must carry out their forwarding tasks in such a way as to keep the records on the ministry’s computer.

           (7) As part of the records referred to in Paragraph 1, Indent 5 of this Article hereof, the competent authority shall keep, in addition to the data specified in Article 88, Paragraphs 1 and 2 hereof, the data referred to in the last indent of Paragraph 1 of Article 21 hereof.

           (8) As part of the records referred to in the sixth indent of the first paragraph of this Article hereof, the competent authority shall keep the data specified in the first and second paragraphs of Article 89 hereof.

           (9) As part of the records referred to in Paragraph 1, Indent 7 of this Article hereof, the competent authority shall keep the data specified in the first and second paragraphs of Article 90 hereof.

 

Article 86

(Data Required for the Issuing of Residence Permits)

 

           (1) Aliens shall be obliged to give the following data to the competent authority in their application for a permit for temporary or permanent residence:

           1. the standardised personal registration number of an alien, if one has been allocated to them;

           2. first name and family name;

           3. maiden name;

           4. sex;

           5. date of birth (day/month/year);

           6. place of birth (country, town);

           7. nationality;

           8. marital status;

           9. profession;

           10. last permanent or temporary residence abroad or in the Republic of Slovenia (country, town, street and house number);

           11. current temporary or permanent residence in the Republic of Slovenia (living quarter, street and house number);

           12. date of entry into the territory of the Republic of Slovenia;

           13 reasons for and purpose of stay in the Republic of Slovenia;

           14. method of ensuring (sources of) funds to support themselves;

           15. type and number of the passport or other document on the basis of which they crossed the state border, the date and place of issue, and the period of validity;

           16. date of submission of the application.

           (2) Aliens shall be obliged to submit, together with the application for a permit for temporary or permanent residence, a photograph, of the prescribed size, which shows the true image of the alien.

           (3) The competent authority shall keep the data referred to in Paragraphs 1 and 2 in the record specified in Indents 1 and 2 of the first paragraph of Article 85 hereof. The competent authority shall, in the record on residence permits, also keep data on the number and date of issue, on the finality of a decision, and on the validity of the permit for temporary residence, as well as data on the expiry of a residence permit.

 

Article 87

(deleted)

 

Article 88

(Data for the Issuing of Visas)

 

           (1) In order to be issued with a visa, aliens shall be obliged to give the competent authority the data under points 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11 and 16 of Paragraph 1 of Article 86 hereof, and data on the type of visa for which they are applying, the period for which the visa should be valid, and the reason why they are applying for the visa.

           (2) The authority shall, in the record of visas, keep data on the type of visa, the number and date of issue of a decision, the period of validity, and the date of issue and annulment of the visa.

 

Article 89

(Data for the Issuing of Passports for Aliens)

 

           (1) In applying for a passport for aliens (the record under Indent 6 of the first paragraph of Article 85 hereof), an alien must give the competent authority or the authority of the Republic of Slovenia abroad which is authorised to conduct consular affairs the data under points 1, 2, 3, 4, 5, 6, 7, 8, 9, 10 and 11 of Paragraph 1 of Article 86 hereof, and attach two photographs of the prescribed size showing a true image of the alien concerned.

           (2) The authority shall, in the record of passports for aliens, keep data on the number and date of issue of a decision, the type of travel document, the registration and serial numbers of the passport, the period of validity and date of issue of the passport, and data on stolen and missing passports.

 

Article 90

(Data for the Issuing of Personal Identity Cards for Aliens)

 

           (1) In applying for a personal identity card for aliens (the record under Indent 7 of the first paragraph of Article 85 hereof), an alien must give the competent authority the data under points 1, 2, 3, 4, 5, 6, 7, 8, 11 and 16 of Paragraph 1 of Article 86 hereof, and attach two photographs of the prescribed size showing a faithful image of the alien concerned.

           (2) The authority shall, in the record of personal identity cards for aliens, keep data on the number and date of issue of a decision, the registration and serial numbers of a personal identity card, the period of validity, date of issue and date of extension of a personal identity card for aliens, and data on stolen and missing personal identity cards.

 

Article 91

(Data in Records)

 

           (1) The records on passed sentences of expulsion of an alien from the country (the record under Article 85, Paragraph 1, Indent 9 hereof), on security measures of deportation of an alien from the country (the record under Article 85, Paragraph 1, Indent 10 hereof) and on measures of the annulment of an alien's residence (the record under Article 85, Paragraph 1, Indent 11 hereof) shall contain the data under points 1, 2, 3, 4, 5, 6, 7, 8, 10, 11 and 16 of Paragraph 1 of Article 86 hereof, the duration of the pronounced measure, the authority which pronounced the measure, and the number and date of issue and of the entry into force and finality of the decision in the event of an annulment of residence.

           (2) The record shall further contain data on the deadline by which the alien must leave the country.

           (3) The record on deported aliens shall contain the data under points 1, 2, 3, 4, 5, 6, 7, 8, 10, 11 and 16 of Paragraph 1 of Article 86 hereof, and the reason, date and country to which the alien is being deported.

           (4) The record on reservations regarding the issuing of a passport for aliens (the record under Article 85, Paragraph 1, Indent 12 hereof) shall contain the data under points 1, 2, 3, 4, 5, 6, 7, 8, 11 and 16 of Paragraph 1 of Article 86 hereof, and on the type of reservation, the authority which expressed the reservation, and the duration of and legal basis for the reservation.

           (5) The record under Article 85, Indent 15 hereof shall contain the data under points 1, 2, 4, 5, 6, 7 and 16 of the first paragraph of Article 86, the reasons for, date and hour of the refusal of entry, and the border control authority which refused entry to the alien.

 

Article 92

(Basic Data from the Records)

 

           (1) Data from the records on issued permits for temporary residence and on issued visas shall be stored for two years after the expiry of the validity of a permit or visa, and shall then be archived. Data from the records on aliens with registered temporary residence shall be stored for two years after the renunciation or expiry of temporary residence, and shall then be archived.

           (2) Data from the records on issued permits for permanent residence and data which, in accordance with the second paragraph of Article 86 hereof, is related to permits for permanent residence shall be stored for 50 years starting from the expiry of the permit for permanent residence, and shall then be archived. Data from the records on aliens with registered permanent residence shall be stored for 50 years after the renunciation or expiry of permanent residence, and shall then be archived.

           (3) Data from the records on passed sentences of expulsion from the country, security measures of deportation from the country, annulment of residence and deported aliens shall be stored for five years after the expiry of the period for which sentences or measures were pronounced, or for five years after the deportation of an alien from the Republic of Slovenia.

 

Article 93

(Use of Data from the Records)

 

           (1) Personal data from the records specified in Article 85 hereof may only be used for the execution of legally-prescribed tasks.

           (2) At the request of individuals, state authorities, legal persons, businesspersons, other authorities and organisations, and groups, the authorities responsible for keeping the records must give them the data from the records under Article 85 hereof if they are entitled to use this data on the basis of the law or of the written consent of the individual to whom the data refers.

           (3) Users of the personal data referred to in the preceding paragraph of this Article must not forward this personal data to other users and must only use it for the purposes for which they received it.

 

 

CHAPTER XIII

PENAL PROVISIONS

 

Article 94

(Penal Provisions)

 

           Legal persons shall be liable to a fine of between SIT 200,000 and 1,000,000 for the following offences:

           (1) failing to report aliens whom they accept for medical treatment to the competent authority by the prescribed deadline;

           (2) transporting an alien into the territory of the Republic of Slovenia by land, air or waterway without proper documents and an entry visa required by the alien as a citizen of a particular country.

           The responsible person of a legal person shall be liable to a fine of between SIT 20,000 and 100,000 for committing an offence specified in the preceding paragraph.

 

Article 95

 

           Individuals shall be liable to a fine of between SIT 20,000 and 50,000 for accepting aliens for accommodation against payment if they fail to register the alien with the competent authority by the prescribed deadline.

 

Article 96

 

           Aliens shall be liable to a fine of between SIT 10,000 and 50,000 for the following offences:

           (1) not possessing a valid travel document (Article 7);

           (2) not having a permit to enter the Republic of Slovenia (Article 8);

           (3) remaining in the Republic of Slovenia for longer than they are permitted to remain (Article 12);

           (4) not leaving the country once their residence permit has expired (Article 13);

           (5) using a personal name in violation of the law (Article 74);

           (6) failing to report the loss, theft or other misappropriation of travel or other documents (Article 75, Paragraph 7);

           (7) lending their travel or other document to other persons, or using another person’s documents as their own (Article 75, Paragraph 4).

 

Article 97

 

           Aliens shall be liable to an on-the-spot fine of SIT 20,000 for the following offences:

           (1) entering or leaving the country in violation of Article 16 of this Act / of the law;

           (2) failing to leave the country immediately after their visa has been annulled (Article 22, Paragraph 4);

           (3) failing to produce, at the request of a police officer, a document which proves that they are legally entitled to enter and stay in the country (Article 75, Paragraph 3);

           (4) failing to produce, at the request of a police officer, proof of their identity (Article 75, Paragraph 2).

 

Article 98

 

           Aliens shall be liable to a fine of between SIT 20,000 and 100,000 for the following offences:

           (1) entering the Republic of Slovenia illegally (Article 11);

           (2) residing in the Republic of Slovenia in contravention of the purpose for which their residence permit was issued (Article 30, Paragraph 5);

           (3) residing in the Republic of Slovenia illegally (Article 47).

 

Article 99

 

           Persons who allow or assist aliens to enter or reside in the Republic of Slovenia illegally, or to reside in the Republic of Slovenia in violation of the purpose for which the aliens were issued with a residence permit, shall be liable to a fine of between SIT 50,000 and 150,000 for an offence.

 

 

           The Aliens Act – ZTuj-1 (Official Gazette of the Republic of Slovenia, no. 61/99) shall contain the following transitional and final provisions:

 

CHAPTER XIV

TRANSITIONAL AND FINAL PROVISIONS

 

I

 

Article 100–amendments pursuant to ZTuj-1A have been taken into account

(Special Provisions Applying to Citizens of EU Member States)

 

           (1) On the day the Republic of Slovenia enters the European Union as a full member, the provisions of this Ac t shall cease to apply to citizens of EU member states, unless they are more favourable for them.

           (2) On the same day the Republic of Slovenia shall commence the enforcement of all EU regulations governing the free movement, entry and residence of citizens of EU member states in the Republic of Slovenia.

           (3) In accordance with the preceding paragraph, citizens of EU member states shall be guaranteed the right to free entry and residence in the Republic of Slovenia.

           (4) The citizens referred to in the preceding paragraph who do not have sufficient funds to support themselves or to pay for health insurance covering all risks shall have the right to residence if they can provide the competent authority with the following:

           a statement from their employer relating to their employment or a confirmation on employment relationship, or

           proof that they are performing an independent gainful activity, or

           proof that in the six-month period after entering the country they have good prospects of commencing the performance of an independent gainful activity, or

           proof that, as an immediate family member of a citizen of an EU member state, they will be provided with sufficient funds to support themselves.

           (5) Residence in the Republic of Slovenia may only be refused to citizens of EU member states if:

           they pose an actual threat to public order and peace, or to national security, or

           if they represent a financial burden on the state.

           (6) The Government of the Republic of Slovenia shall determine in greater detail the method and conditions applying to the issuing of the residence permits under Paragraph 4 of this Article.

 

 

II

Other Provisions

 

Article 101

 

           Within one year of the day this Act enters into force, the Government of the Republic of Slovenia shall adopt the regulations referred to in the second paragraph of Article 6, the fourth paragraph of Article 7, the third paragraph of Article 14, the sixth paragraph of Article 15, the second paragraph of Article 17, the fifth paragraph of Article 32, and the sixth paragraph of Article 100 hereof.

 

Article 102

 

           Within one year of the day this Act enters into force, the minister responsible for internal affairs shall issue the regulations for its implementation referred to in the second and third paragraphs of Article 9, the fourth paragraph of Article 19, the third paragraph of Article 20, the third paragraph of Article 21, the third paragraph of Article 22, the third paragraph of Article 29, the fourth paragraph of Article 46, the sixth paragraph of Article 49 and the fourth paragraph of Article 59 hereof.

           With regard to issues which fall under the area of work of the ministry responsible for labour, family and social affairs or of the ministry responsible for foreign affairs, the minister shall issue regulations, in agreement with the ministry responsible for labour, family and social affairs and the ministry responsible for foreign affairs.

           Within six months of the day this Act enters into force, the minister responsible for internal affairs shall prescribe:

           the application forms for documents issued in accordance with this Act;

           the procedure for and manner of issuing individual documents;

           the prices for individual application forms.

 

Article 103

 

           On the day this Act enters into force, the Aliens Act (Official Gazette of the Republic of Slovenia, no. 1/91-1, 44/97, 50/98 – Constitutional Court Decision and 14/99 – Constitutional Court Decision) shall cease to apply.

 

Article 104

 

           Procedures initiated on the basis of the provisions of the Aliens Act referred to in the preceding Article shall be continued in accordance with this Act if this is more favourable for the persons concerned.

 

Article 105

 

           Visas and residence permits issued on the basis of the previous Act shall remain in force.

 

Article 106

 

           Until the issuing of regulations on the basis of this Act, regulations issued on the basis of the previous Aliens Act shall continue to be applied, unless they contravene this Act.

 

Article 107

 

           On the day this Act enters into force, the Transit Centre for Aliens shall cease operation. Its tasks relating to the implementation of this Act shall be assumed by the Centre, tasks relating to the implementation of the act governing asylum shall be assumed by the Asylum Centre.

 

Article 108

 

           On the day this Act enters into force, other laws and the regulations issued on the basis thereof and governing the same issues must be coordinated with this Act.

 

Article 109

 

           This Act shall enter into force on the fifteenth day after its publication in the Official Gazette of the Republic of Slovenia.

 

 

           The law on changes and amendments to the Aliens Act – ZTuj-1A (Official Gazette of the Republic of Slovenia, no. 87/2002) shall contain the following transitional and final provisions:

 

Article 72

 

           The procedures, which have been started before the entering into force of this Act, shall continue to be conducted in accordance with the current provisions of the Aliens Act.

 

Article 73

 

           (1) Administrative units shall commence issuing permits for permanent residence six months after the entering into force of this Act.

           (2) Until the date specified in the first paragraph of this Article, the current regulations shall apply for the issue of permits for permanent residence.

           (3) The provisions of articles relating to the issue of visas and residence permits, which must include a photograph, shall start to apply five years after the entering into force of this Act. During this period, the minister responsible for internal affairs shall ensure the harmonisation of the regulation stipulated in the third paragraph of Article 21 which specifies the contents and format of the visa and the regulation stipulated in the fourth paragraph of Article 46, which determines the contents, form and method of issuing a residence permit and the method and manner of indication of an annulment or cessation of a residence permit.

 

Article 74

 

This Act shall enter into force on the thirtieth day after its publication in the Official Gazette of the Republic of Slovenia.