General framework

Legislation

What primary and secondary legislation governs immigration in your jurisdiction?

The main sources of immigration law in Slovenia are the Foreigners Act, the Employment, Self-employment and Work of Foreigners Act and the Residence Registration Act. The Employment, Self-employment and Work of Foreigners Act introduces a single permit for work and residence and the principle of a ‘one-stop shop’, to which a foreigner or his or her employer submits a single application for a single permit (for residence and work), without prior application for a working permit.

Further, immigration law is regulated by various other laws, rules and decrees, such as the Employment Relationship Act and the Labour Market Regulation Act.

Slovenia is also a member of the EU and is therefore bound by EU legislation.

International agreements

Has your jurisdiction concluded any international agreements affecting immigration (eg, free trade agreements or free movement accords)?

As a member of the EU, Slovenia is also a member of the European Economic Area (EEA). Citizens of EU member states, as well as citizens of Norway, Liechtenstein, Iceland and the Swiss Confederation, do not need work permits to work in Slovenia, which grants them free access to the labour market. Citizens of EU and EEA member states, and Switzerland, are equal to Slovenian workers when it comes to job seeking and employment. Special agreements have been concluded between Slovenia and Bosnia and Herzegovina and between Slovenia and Serbia.

Regulatory authorities

Which government authorities regulate immigration and what is the extent of their enforcement powers? Can the decisions of these authorities be appealed?

A single permit for residence and work is issued by the administrative unit offices, with the consent of the Employment Service of Slovenia. A foreigner is required to register his or her temporary or permanent residence at an administrative unit office. Supervision of the employment and work of foreigners is the responsibility of the Labour Inspectorate of the Republic of Slovenia, and visas are issued by embassies or overseas consulates of Slovenia.

An individual may file a complaint against the decision of the authorities at first instance or an individual may commence an administrative dispute in accordance with the Administrative Dispute Act.

Government policy

In broad terms what is your government’s policy towards business immigration?

The government has no specific standpoint regarding the employment of foreigners. Slovenian companies are keen to employ foreigners, especially in areas where there is lack of local workforce, and where there is a high demand for highly educated personnel.

The government monitors trends in the labour market and can either determine a quota of consent to be granted with regard to single permits and a quota of seasonal worker permits to be issued with a view to limiting the number of foreigners in the labour market. Additionally, an Order determining the occupations in which the employment of aliens is not tied to the labour market has been adopted and this currently includes 12 professions.

Short-term transfers

Visas

In what circumstances is a visa necessary for short-term travellers? How are short-term visas obtained?

As Slovenia is a member of the EU and the EEA, citizens of member states of the EEA, and Switzerland, can enter Slovenia with an identity card (EU citizens) or with a passport, and do not require an entry permit (visa), regardless of the purpose of entering and residing in Slovenia. A national of a third country should obtain a visa at a diplomatic mission or consular post of Slovenia prior to entering the country. The visa regime in Slovenia is in accordance with EU legislation. It separates visa countries, which require a permission (visa) to enter and non-visa countries, which do not require a visa to enter.

A uniform visa (type C) is a permission to enter the country and is issued to a third-country national for a short-term stay (up to 90 days). The applicant should submit the application in person at a diplomatic mission or consular post or through an external service provider. Third-country nationals residing in countries where Slovenia has a diplomatic mission or a consular post authorised to issue visas, or where Slovenia has concluded a representation agreement with another Schengen state, need to apply for a visa at those representations. In principle, a visa application should be lodged at least 15 calendar days before the intended visit and cannot be lodged earlier than three months before the start of the intended visit.

Restrictions

What are the main restrictions on a business visitor?

In accordance with the Employment, Self-employment and Work of Foreigners Act (ZZSDT), a business visitor is a foreigner who is not generating income in Slovenia and is not carrying out direct sales or providing services. A business visitor can only participate in business meetings and in the establishment of business contracts, including negotiations regarding the provision of services and similar activities and those services and activities that relate to a foreign employer’s preparation for establishing a market presence in Slovenia. These activities are limited to 90 days within the six-month period following the alien’s first entry into Slovenia.

Short-term training

Is work authorisation or immigration permission needed to give or receive short-term training?

ZZSDT stipulates some exceptions in which the single permit for residence and work is not necessary; for example:

  • if a foreigner is carrying out work on the basis of relevant agreements with international organisations, agreements between competent institutions or within international projects relating to expert technical assistance, education, training or research; or
  • if an alien is engaged under a contract with the ministry responsible for defence, or the ministry responsible for internal affairs, to provide services required for the defence and security of the state and persons in professional training in these areas.

Otherwise, ZZSDT stipulates a special category of single permit, which is obtained based on the consent of the Employment Service of Slovenia for the purpose of the training or further training of foreigners. The Employment Service grants consent to the issuance of a single permit if the following conditions are met:

  • an employment contract concluded for the purpose of training or further training signed by the employer or a civil law contract exists;
  • a positive opinion on the training or further training programme given by an economic association, the competent chamber or the ministry responsible for the relevant area of activity is submitted;
  • the foreigner has hitherto not attended a training or further training programme with similar content; and
  • the employer filed withholding tax returns for income from the employment relationship, if the employer employed workers, over the six months prior to the month in which the application was submitted or during the period of operation, if shorter than six months, and had no outstanding tax liabilities.

A training or further training programme for foreigners shall not exceed one year, and may be extended for a maximum of six months.

Transit

Are transit visas required to travel through your country? How are these obtained? Are they only required for certain nationals?

Slovenian state authorities may issue an airport transit visa that allows the holder to transit through the international transit areas of airports in the member states of the EU, but not to enter into their territory. A special decree defines the countries whose nationals need an airport transit visa for transit through airports in Slovenia: Afghanistan, Bangladesh, Eritrea, Ethiopia, Ghana, Iraq, Iran, the Democratic Republic of the Congo, Nigeria, Pakistan, Somalia and Sri Lanka; however, there are some exceptions (eg, nationals of the above-stated countries do not need an airport transit visa if they have the permission for residence or work that ensures them unimpeded return to one of the following countries: EU member states, Andorra, Canada, Iceland, Japan, Liechtenstein, Monaco, Norway, San Marino, Switzerland or the United States). The applicants should submit the application in person at a diplomatic mission or consular post or through an external service provider. Third-country nationals residing in countries where Slovenia has a diplomatic mission or a consular post authorised to issue visas, or where Slovenia has concluded a representation agreement with another Schengen state, need to apply for a visa at those representations. Persons residing in countries without a diplomatic mission or a consular post of Slovenia or a mission of another Schengen state that represents Slovenia in visa operations, may apply for a visa at Slovenia’s mission in another country if their stay in that country is legal.

Visa waivers and fast-track entry

Are any visa waiver or fast-track entry programmes available?

In accordance with the Foreigners Act, a long-stay visa may be granted to certain groups of individuals; otherwise there are no special programmes.

Long-term transfers

Categories

What are the main work and business permit categories used by companies to transfer skilled staff?

The main category for transferring skilled staff is the EU Blue Card, which is a temporary residence permit for the purpose of highly qualified employment issued in accordance with the law governing the entry and residence of aliens that allows holders to enter, reside and take up employment in Slovenia.

Procedures

What are the procedures for obtaining these permissions? At what stage can work begin?

In the procedure for issuing an EU Blue Card, the Employment Service shall grant a consent at the request of the administrative unit, provided that the following conditions are met:

  • the foreigner concerned holds at least a higher education degree;
  • an employment contract of at least one year is signed by the employer ensuring a salary of at least one and a half times the average gross salary in Slovenia; and
  • if the following general conditions are met:
    • there are no suitable unemployed persons for that particular post in the register of unemployed persons;
    • the employer has been appropriately registered or entered in the Register of Agricultural Holdings or in the Business Register to pursue the activity in which the alien concerned is to carry out work;
    • the employer is not in a winding-up or bankruptcy procedure;
    • the employer filed monthly withholding tax returns for income from the employment relationship, if the employer employed workers, over the six months prior to the month in which the application was submitted or during the period of operation, if shorter than six months, and had no outstanding tax liabilities; and
    • the foreigner fulfils the conditions required by the employer.

Foreigners can start performing work after the single permit is issued, but no later than 10 days from the issue of the single permit or the EU Blue Card. A foreigner served with a single permit or an EU Blue Card outside Slovenia shall commence work not later than 15 days from the issue of the single permit or the EU Blue Card.

Period of stay

What are the general maximum (and minimum) periods of stay granted under the main categories for company transfers?

In accordance with the Foreigners Act, the first single permit for residence and work is issued for the duration of the employment contract or the contract concluded for the performance of the work, but not longer than one year. The single permit can be extended.

The EU Blue Card is issued for two years. If the employment contract is to be concluded within a shorter period than this, the EU Blue Card is issued for a period of three months longer than the contract period, up to a maximum of two years. The EU Blue Card can be extended for an additional three years.

The first single permit for posted workers is issued for a maximum period of one year. In the case of the applicant performing services that have special importance for Slovenia, the single permit can be issued for a longer period.

The first single permit for persons who are transferred within companies is issued for the period of transfer, but no longer than one year. In certain cases stipulated in the Foreigners Act, the single permit can be extended. There are no minimum periods stipulated in the legislation.

Processing time

How long does it typically take to process the main categories?

In general, a single permit should be issued within 30 days; however, the duration of the process depends on which administrative office is competent for issuing the single permit (some administrative unit offices are preoccupied; therefore it can take much longer for them to issue the permit).

Staff benefits

Is it necessary to obtain any benefits or facilities for staff to secure a work permit?

Upon the establishment of the employment relationship (which must be in accordance with the Slovenian law governing labour relationships and potential collective agreements binding on the employer), an employer is obliged to register foreigners in social insurance schemes (health insurance, pension and disability insurance, parental protection and unemployment insurance). The employer is not obliged to provide accommodation to foreigners; however, if the employer provides accommodation, it must comply with the minimum housing and hygiene standards that are specified in an implementing regulation issued jointly by the minister responsible for labour, the minister responsible for spatial planning and the minister responsible for health.

Assessment criteria

Do the immigration authorities follow objective criteria, or do they exercise discretion according to subjective criteria?

There are specified conditions stipulated in ZZSDT and in the Foreigners Act, which have to be met in order to issue a certain type of single permit. There are different objective conditions stipulated for granting a consent of the Employment Service to different types of single permit, which have to be met. Since the conditions are defined very clearly, there is not much space for flexibility of competent authorities.

High net worth individuals and investors

Is there a special route for high net worth individuals or investors?

Yes. In accordance with ZZSDT, there are some simplifications stipulated for companies that are in accordance with the Investment Promotion Act, and registered in the register of high-value companies or in the register of innovative start-up companies. With such companies, the Employment Service shall not verify some conditions in the process of issuing or renewing a single permit and written approval issued for the purpose of employment if the company is registered in one of the above-mentioned registers and the employee is guaranteed a monthly salary at least equal to the average monthly gross salary in Slovenia.

Is there a special route (including fast track) for high net worth individuals for a residence permission route into your jurisdiction?

In accordance with the Foreigners Act, a long-stay visa may be issued to a foreigner if there is an economic interest for Slovenia, which the foreigner proves by submitting an opinion issued by the ministry responsible for the economy. In accordance with the Rules on criteria for establishing the economic interest of Slovenia in issuing long-stay visas to foreigners, the economic interest is proven in the following cases:

  • if the foreigner has specialised knowledge and special experience that are useful for the Slovenian economy;
  • if the foreigner can enable the increase of the Slovenian economy’s business connections with foreign countries; or
  • if the foreigner can enable the introduction and use of new technologies, business models or knowledge or the investment of capital in Slovenia, or the expansion and opening of new markets for Slovenian products.
Highly skilled individuals

Is there a special route for highly skilled individuals?

There is a special category of single permit stipulated in ZZSDT, that is the EU Blue Card. The ‘EU Blue Card’ shall mean a temporary residence permit for the purpose of highly qualified employment issued in accordance with the law governing the entry and residence of foreigners, which allows holders to enter, reside and take up employment in Slovenia. See question 11 for conditions for granting consent to the EU Blue Card.

Ancestry and descent

Is there a special route for foreign nationals based on ancestry or descent?

No.

Minimum salary

Is there a minimum salary requirement for the main categories for company transfers?

A foreigner employed in Slovenia has equal rights to those of Slovenian citizens. That means that the foreigner is at least entitled to the minimum wage. In 2019, the minimum monthly wage is €886.63. The foreigner is entitled to a higher amount if so stipulated in the collective agreement, which is binding the employer.

If a company wishes to obtain the single permit in a simplified process (see question 16), the employee is entitled to a monthly salary at least equal to the average monthly gross salary in Slovenia.

In the case of the EU Blue Card, the employee is entitled to a wage of at least one and a half times the average gross salary in Slovenia.

Resident labour market test

Is there a quota system or resident labour market test?

Given the situation and the projected labour market developments, the government may determine a quota of consent to be granted with regard to single permits and a quota of seasonal worker permits to be issued with a view to limiting the number of foreigners in the labour market. In addition to determining the quota, the government may also limit or prohibit the employment, self-employment or work of foreigners in terms of regions, industries, undertakings and occupations and can also limit or prohibit new foreigners from entering for the purpose of employment or work in full or in part or with regard to particular regions when justified on grounds of public policy, public security or public health, general economic interest or the situation and projected developments in the labour market.

One of the conditions for granting a consent for employment, consent for seasonal work or consent for an EU Blue Card is that there are no suitable unemployed persons in the register of unemployed persons that could take that particular position. The Employment Service shall check if there are any suitable unemployed persons in the register of unemployed persons when the application for issuing a single permit is submitted; however, a prior labour market test is also possible. In accordance with ZZSDT, the employer may obtain a depersonalised notice from the Employment Service indicating whether there are any suitable unemployed persons registered, prior to submitting an application for a single permit, an EU Blue Card, a written authorisation or a seasonal worker permit.

The obligation of the employer who recruits new employees to publicly advertise vacancies or types of work is stipulated in the Employment Relationship Act.

Since it is possible to acquire the information on suitable unemployed persons prior to submitting the application for a single permit, it is reasonable to do so. The Employment Service will then, in accordance with work conditions set by the employer, check if there are any unemployed persons who meet all the criteria.

Shortage occupations

Is there a special route for shortage occupations?

For certain occupations the labour market test is not required. Those occupations (currently 12 professions) are determined with a special order determining the occupations in which the employment of foreigners is not tied to the labour market.

Other eligibility requirements

Are there any other main eligibility requirements to qualify for work permission in your jurisdiction?

There are special conditions stipulated for different types of single permits. For example, one of the conditions for granting a consent to employment, self-employment or work is that the foreigner was employed or self-employed in Slovenia for at least 20 months during the 24 months preceding the submission of the application, and was registered in the compulsory social insurance scheme on such basis.

A consent to posted workers may only be granted for those workers already employed for at least nine consecutive months or, in certain cases, for at least six consecutive months, by the foreign employer or by a company established in a third country and linked by capital ties.

Third-party contractors

What is the process for third-party contractors to obtain work permission?

Generally, the application for a single permit is submitted by the worker him or herself, by the employer with whom the worker will be employed or by an authorised person. Also, a single permit that is issued or extended on the basis of a consent to employment and a written authorisation granted on the basis of a consent to employment shall be connected to the employment needs of an employer. If the foreigner wants to change the employer, he or she will have to receive a written authorisation issued by a competent authority.

In some cases, it is possible that the employee will not perform work directly by the employer. Such situation is possible with employers involved in the supply of temporary agency work in accordance with the Labour Market Regulation Act. However, such employers may, within the scope of this activity, only conclude employment contracts with foreigners residing in Slovenia on the basis of an EU Blue Card, with foreigners for whom a consent to employment, self-employment or work was granted in the procedure for issuing or extending a single permit or a written authorisation, or with foreigners with free access to the labour market in accordance with ZZSDT.

Recognition of foreign qualifications

Is an equivalency assessment or recognition of skills and qualifications required to obtain immigration permission?

A foreigner seeking employment in Slovenia will have to meet all the criteria that are demanded by the employer. When the foreigner submits the application, he or she will have to enclose proof of adequate education or professional qualification and proof of the fulfilment of other conditions required by the employer. If professional or academic qualifications, membership of professional associations or guilds, or tests on medical knowledge, etc, are required by the employer, or if certain professions can only be performed if a person has such skills and qualifications, the foreigner will have to prove that he or she meets all the criteria.

Extensions and variations

Short-term to long-term status

Can a short-term visa be converted in-country into longer-term authorisations? If so, what is the process?

Changing types of visa or residence permit is only possible when a foreigner complies with the conditions for a certain type of visa or permit. A foreigner must have a valid temporary residence permit throughout. The foreigner must lodge an adequate application in order to receive the visa or permit.

Long-term extension

Can long-term immigration permission be extended?

This depends on the type of permission - whether the foreigner enters Slovenia to reside in Slovenia or whether he or she comes to Slovenia to work.

A foreigner may enter and reside in Slovenia for the period of time specified in his or her visa or residence permit, or agreed through a decision of the government of Slovenia, law or international agreement.

A temporary residence permit shall be issued for a specific purpose and for a specific period of time (the first temporary residence permit shall generally be valid for a period of one year). A foreigner who possesses a temporary residence permit may reside in Slovenia until the expiry of the validity of the issued permit. A temporary residence permit may be extended under the same conditions it was issued. A foreigner must lodge an application for the extension of a permit with the competent authority in Slovenia prior to the expiry of the validity of the permit. The competent authority shall issue a certificate attesting to the prompt filing of the application, which shall serve as a temporary residence permit until a final decision is taken regarding the application.

A permanent residence permit shall be issued without any limitations as to the duration and purpose of stay in Slovenia. A foreigner must meet all the conditions in accordance with valid legislation to obtain a permanent residence permit.

A foreigner who wishes to reside in Slovenia for employment or other work purposes may be granted a single permit for residence and work, which enables the foreigner to enter, reside and work in Slovenia. The first single permit is valid for a maximum of one year, and can be extended in cases stipulated by valid legislation, but for a maximum of two years.

There are special provisions that determine how long other special types of single permits are valid for (eg, for seasonal work or the EU Blue Card).

Exit and re-entry

What are the rules on and implications of exit and re-entry for work permits?

During the validity period of his or her single permit, a foreigner may exit and enter the country in accordance with the Foreigners Act. A foreigner who has lodged an application for an extension of his or her residence permit in due time shall be permitted to remain in the country until his or her application has been decided upon and shall be issued with a special certificate that shall serve as a temporary residence permit until the application has been determined. This certificate allows the foreigner to leave, but not re-enter the country, until he or she has been issued with a new permit or unless he or she applied for an extension of a single permit or daily migrant worker permit.

Permanent residency and citizenship

How can immigrants qualify for permanent residency or citizenship?

Permanent residence

The conditions for obtaining a permanent residence permit are:

  • five years of continuous legal stay in Slovenia on the basis of a temporary residence permit; or
  • a certificate attesting to the submission of an application for an extension or the issue of a renewed temporary residence permit and that the conditions that apply for the first residence permit have been fulfilled.

The application for a permanent residence permit must be submitted by a foreigner or his or her legal representative or assignee at the administrative unit in the area of his or her residence. While the application is being processed, a foreigner is required to reside in Slovenia on the basis of a temporary residence permit.

The condition of five years of continuous legal stay is also fulfilled if, during this period, a foreigner was not in Slovenia and was not issued with a temporary residence permit or a certificate attesting to the submission of an application for the extension or renewal of a temporary residence permit, if his or her absences were shorter than six consecutive months and, if combined, they do not exceed 10 months in a five-year period.

The duration of a foreigner’s stay on the basis of a long-stay visa is considered part of the period of the issue of a permanent residence permit if he or she applied for a temporary residence permit before the expiry of his or her visa and was issued a residence permit as a holder of a long-stay visa.

Only half of the duration of an alien’s stay on the basis of a temporary residence permit for education and vocational training purposes is considered part of the period of the issue of a permanent residence permit.

Time spent in Slovenia on the basis of a temporary residence permit for the purposes of seasonal work, as a posted worker or a daily commuter, or as a person under temporary protection is, however, not considered part of the period that counts towards the issue of a permanent residence permit.

Citizenship

The conditions for obtaining citizenship are stipulated in the Citizenship of the Republic of Slovenia Act. By naturalisation, the foreigner can obtain citizenship if he or she fulfils the conditions and submits an application. The conditions are that the applicant must:

  • be at least 18 years of age;
  • terminate previous citizenship;
  • have been living in Slovenia for 10 years, and living continuously in Slovenia for the five years prior to the submission of the application;
  • have the lawful status of a foreigner;
  • have guaranteed means of subsistence in the amount of the basic minimum income;
  • have mastered the Slovenian language for the needs of everyday communication;
  • not have been sentenced to an unconditional prison sentence for more than three months, or sentenced to a conditional prison sentence with a period of probation of more than one year;
  • not have been banned from living in Slovenia;
  • have settled tax obligations; and
  • have taken an oath of respect for the free democratic constitutional order.

Additionally, the person’s acquisition of citizenship must pose no threat to public order, security or defence of the country. In special cases, Slovenian citizenship may be obtained extraordinarily if this is beneficial for the state for scientific, economic, cultural, national or similar reasons, provided that the foreigner actually lives in Slovenia continuously for at least one year before submitting the application, he or she has the lawful status of a foreigner and he or she must also fulfil additional conditions. In exceptional cases, a foreigner may acquire Slovenian citizenship even if he or she does not fulfil the condition of one-year continuous residence in Slovenia and the condition of the lawful status of a foreigner, taking into account his or her exceptional contribution to development and increasing the international reputation or recognition of Slovenia.

End of employment

Must immigration permission be cancelled at the end of employment in your jurisdiction?

If the foreigner wishes to change jobs within the same employer, to change employers, to take up employment with two or more employers or to conclude a new civil law contract for work during the period of validity of a single permit or an EU Blue Card, he or she has to submit an application for written authorisation. Only after such authorisation has been issued can the foreigner change job or employer, take up employment with two or more employers or conclude a new civil law contract for work during the period of validity of a single permit or an EU Blue Card.

The single permit is valid for a certain period of time. After that, the permit ceases to be valid without cancellation.

Employee restrictions

Are there any specific restrictions on a holder of employment permission?

In certain cases, the foreigner has to obtain a written authorisation (if he or she wishes to change job or employer, take up employment with two or more employers or to conclude a new civil law contract for work during the period of validity of a single permit or an EU Blue Card). A foreigner can study in Slovenia; however, only as an employed person, not as a regular student. No other restrictions apply.

Dependants

Eligibility

Who qualifies as a dependant?

The Personal Income Tax Act stipulates that dependants are a spouse who is not employed, does not have a business, does not have his or her own income for subsistence or whose income is less than the amount stipulated in the Personal Income Tax Act; and a divorced spouse, if a judgment or an agreement made in accordance with the law governing marriage and family relations grants him or her the right to maintenance paid by the taxpayer. A spouse, under the Personal Income Tax Act, shall be considered to be a person who lives with a taxpayer or the taxpayer’s common-law partner, as defined in the Marriage and Family Relations Act. A family member is also considered a partner with whom the taxpayer lives in a registered same-sex partner community, according to the Civil Union Act.

A child under the age of 18 shall also be considered a dependent family member of the taxpayer. In certain cases, a child under the age of 26 is also considered a dependent family member, if he or she:

  • is continuously in education or, with a suspension of up to one year, continuing education;
  • is not employed or has a business; and
  • does not have his or her own income or whose income is less than the amount of special allowance for a dependent family member, determined in the Personal Income Tax Act.

A dependent family member is also a child who meets the above-stated conditions and is over the age of 26 if he or she enrols for studies up to the age of 26, for a maximum of six years from the day of enrolment in undergraduate studies and for a maximum period of four years from the date of enrolment in postgraduate studies.

Conditions and restrictions

Are dependants automatically allowed to work or attend school?

Slovenia allows free access to its labour market for citizens of EEA member states and Switzerland, and for their family members, regardless of their citizenship, which means that these persons can work, on an employed or self-employed basis, without a work permit. Also, foreigners residing in Slovenia on the basis of a permit for temporary residence for family reunification with a Slovenian citizen have the right to free access to the Slovenian labour market. Otherwise, the foreigners need to follow the same process for obtaining a single permit.

Children who are foreign nationals or are without citizenship and reside in Slovenia, have the right to compulsory primary education under the same conditions as the citizens of Slovenia.

Access to social benefits

What social benefits are dependants entitled to?

Family members of workers coming from other member states of the EEA and Switzerland have the same rights to education and social security as nationals of the host country.

In accordance with the Social Assistance Act and the Social Assistance Benefits Act, foreigners who have a permanent residence permit in Slovenia are entitled to social benefits (social assistance benefit, child benefit, reduced childcare payment, etc) in accordance with the above-stated acts if, at the same time, they do not have enough resources to survive, do not have the assets or savings that would allow them to survive and are actively solving their social problems.

Other requirements, restrictions and penalties

Criminal convictions

Are prior criminal convictions a barrier to obtaining immigration permission?

When applying for a single permit, an alien will have to provide the authorities with a police clearance certificate, no older than three months, issued by his or her country (if the country in question issues it), translated into Slovenian and verified. A residence permit may also be terminated or permanent residence revoked if a foreigner was convicted of a criminal offence in Slovenia and given an unconditional prison sentence of more than three years (in the case of permanent residence) or three months (in other cases when the foreigner is residing in Slovenia in compliance with the laws).

Penalties for non-compliance

What are the penalties for companies and individuals for non-compliance with immigration law? How are these applied in practice?

Penal provisions for non-compliance with immigration law are stipulated in ZZSDT. Fines can be imposed on the employer or hirer and also on the responsible person of an employer or hirer for committing an offence referred to in ZZSDT. Prohibitions of the employment, self-employment and work of foreigners are also stipulated in ZZSDT. In certain cases, the employer or hirer is not allowed to employ foreigners for a certain period of time (if a fine was imposed on them or if they are convicted of the criminal offence of exploitation through prostitution, enslavement, human trafficking, a violation of the fundamental rights of employees or a violation of rights relating to social insurance). A foreigner convicted of submitting falsified evidence shall be prohibited from employment, self-employment and work for five years after the judgment becomes final.

Supervision over the implementation of ZZSDT is exercised by the Labour Inspectorate of the Republic of Slovenia. Supervision is also exercised by the police within supervision over the legality of residence under the Foreigners Act.

Language requirements

Are there any minimum language requirements for migrants?

There are no language requirements in applying for the single permit; however, language proficiency can be required by an employer. Foreigners who are third-country nationals are entitled to Slovenian language courses, facilitating integration into the cultural, economic and social life of Slovenia. In any case, knowledge of the Slovene language might benefit a foreigner while working and living in Slovenia.

Mastering the Slovenian language for the needs of everyday communication is needed if a foreigner wishes to obtain citizenship of Slovenia. The evidence is a certificate of successful completion of the exam in the knowledge of Slovene at the basic level.

Medical screening

Is medical screening required to obtain immigration permission?

No, medical screening is not required to obtain a single permit or residence permit; however, one of the terms and conditions for issuing a temporary residence permit is adequate health insurance.

In order to establish a candidate’s health condition for carrying out work, an employer has to refer the applicant for a preliminary medical examination in accordance with the regulations on safety and health at work.

Secondment

Is there a specific procedure for employees on secondment to a client site in your jurisdiction?

A single permit can be issued on the basis of a consent to posted workers. Foreign employers may post workers to Slovenia in accordance with the regulations of Slovenia and international treaties binding on Slovenia. Foreign employers may post workers in order to:

  • provide transnational services on their own behalf and for their own account under a contract concluded with a client from a member state of the EEA or Switzerland, or under a contract concluded with a service provider that has a contract concluded with a client from a member state of the EEA or Switzerland;
  • carry out particular tasks in an organisational unit in Slovenia linked to it by capital ties; or
  • undertake training in a company established in Slovenia and linked to it in one of the ways defined in ZZSDT.

Update and trends

Key developments of the past year

Are there any emerging trends or hot topics in corporate immigration regulation in your jurisdiction?

Key developments of the past year40 Are there any emerging trends or hot topics in corporate immigration regulation in your jurisdiction?

Currently there are no emerging trends or hot topics in corporate immigration. Given the fact that increasing numbers of foreigners are coming to Slovenia, the government’s efforts will primarily focus on ensuring that foreigners’ work and residential status are in accordance with valid legislation.