Možnosti samozaposlitve tujcev v Sloveniji How to enter the Republic of Slovenia brosura-kakovstopiti-ANG.p65 1 19.2.2010, 9:40 2 How to enter the Republic of Slovenia How to enter the Republic of Slovenia Entry into the country for citizens of EU Member States All you need to enter the Republic of Slovenia is a valid identity document (passport or identity card). For the first three months after entry, citizens of EU Member States may reside on Slovene territory without registering their residence but must register with the competent police station within 3 days after entry. If the residence exceeds three months, they must register their residence (i.e. submit an application for the issue of a residence registration certificate) at the administrative unit where they reside. They can also apply for a residence registration certificate immediately upon entry into Slovenia. This certificate can be issued to citizens of EU Member States planning to come to Slovenia or already residing in Slovenia for reasons of employment and work, self-employment, the performance of services, study or family reunion as well as to EU citizens who do not meet any of the listed requirements but wish to reside in the territory of Slovenia. More information can be found at http:// www.mzz.gov.si/si/vizne_informacije/ dokumenti_za_vstop/ The entry of foreigners on the basis of a visa or passport Entry to Slovenia is permitted at international border crossings and, in individual cases, also at local border crossings. Citizens of non-EU Member States wishing to enter into and reside in the Republic of Slovenia for reasons of tourism, business, personal or other type of visit, must acquire a visa issued by the diplomatic and consular missions of the Republic of Slovenia based abroad. For the same reasons, any foreigner who does not need a visa to enter the country, may enter the country and stay in the Republic of brosura-kakovstopiti-ANG.p65 2 Slovenia for no more than 90 days within a period of six months, counting from the day of the first entry on the basis of a passport. A list of countries for which no visa is required is available at the following link: http://www.mzz.gov.si/fileadmin/ pageuploads/konzulara/Tujci_vstop_v_ Slovenijo_brez_vizumov_slo.pdf. Foreigners who wish to enter the Republic of Slovenia for reasons other than those possible on the basis of a visa (e.g. study or family reunions) must have a residence permit. 19.2.2010, 9:40 How to enter the Republic of Slovenia Entry into the country on the basis of a visa or residence permit issued by a contracting party to the Schengen Agreement The Schengen Acquis – the Convention implementing the Schengen Agreement applying to Slovenia in full as of 21 December 2007 – determines the conditions of movement on the territory of the contracting parties to the Schengen Agreement for foreigners, who are not citizens of EU members states and who were issued a visa or a residence permit by one of the contracting parties to the Schengen Agreement. Foreigners who hold valid residence permits issued by one of the contracting parties may, on the basis of that permit and a valid travel document, enter Slovenia and reside in the country for up to three months, provided that they fulfil the mentioned entry conditions and are not on Slovenia’s national list of alerts for people or foreigners who the Republic of Slovenia does not allow to enter its territory. Holders of a uniform visa, issued by another contracting party to the Schengen Agreement, may enter the Republic of Slovenia during the validity of this visa and reside in the country if they meet the entry requirements. They: • need to have sufficient means of subsistence, • need to produce documents justifying the purpose of their intended stay, • must not pose a threat to public policy, national security or the international relations of any of the contracting parties to the Schengen Agreement. brosura-kakovstopiti-ANG.p65 3 19.2.2010, 9:40 3 4 How to enter the Republic of Slovenia The entry of an foreigner who has long-term resident status in another EU Member State and of his family members If an foreigner has long-term resident status in another EU Member State and his/her immediate family members have a residence permit in another EU Member State, such an foreigner may, regardless of the purpose of their stay in the Republic of Slovenia, enter the country with a passport and the stated permit and reside in the country for three months counting from the day of entry or for the duration provided by the permit if its validity period is less than three months. Thir d countr er and Third countryy nationals who ent enter reside on the tter er rit or epublic errit ritor oryy of the R Republic of Slo or dif ent rreasons easons than Slovvenia ffor difffer erent those aavvailable on the basis of a visa, mus esidence per mit issued permit mustt hold a rresidence in the R epublic of Slo Republic Slovvenia, which needs tto o be acq uir ed prior tto o entr acquir uired entryy. An foreigner can acquire long-term resident status if he/she is not a citizen of an EU Member State and holds a permit for temporary or long-term residence in a EU Member State, which has been issued with a validity of no less than five years on the prescribed EU uniform format for residence permits for third-country nationals, where longterm resident must be entered under the heading “type of permit”. brosura-kakovstopiti-ANG.p65 4 19.2.2010, 9:40 How to enter the Republic of Slovenia How to acquire the appropriate visa to enter Slovenia Visa types: Citizens of countries with which Slovenia does not have a visa-free regime must have a valid travel document as well as a visa or an appropriate residence permit to enter Slovenia. A visa is a certificate issued by a competent diplomatic mission or consular post of the Republic of Slovenia based abroad to an foreigner and, on the basis of which and provided that there are no reasons to refuse him or her entry, he or she may enter the country and stay for the period specified in the visa. A visa may also be issued for transit through the territory of the Republic of Slovenia if the foreigner fulfils the conditions for transit and if he or she is allowed to enter the next destination country. The legal basis for the visa procedure is eigner ct (of defined in the For oreigner eignerss A Act (offficial consolidat ed tte ext), Of ett e of consolidated Offficial Gaz Gaze tte the R epublic of Slo 12/2005 Republic Slovvenia 1 11 2/2005. A visa can be issued to foreigners in possession of a valid travel document, whose period of validity must exceed the period of time for which the visa is issued by at least three months. A visa alone does no or nott enable an ffor or-o ent er the countr cumenter countryy. If the cir circumeigner tto stances under which a visa w as issued was ha der authorities ma havve changed, bor border mayy refuse entr entryy and annul the visa. A visa ma uently mayy also be annulled if it is subseq subsequently es a submitt ed esttablished that the dat data submitted during the visa pr ocedur ew er e incor procedur ocedure wer ere incorrrect or if impor acts w er e concealed. importtant ffacts wer ere A visa does not grant an foreigner the right to employment or work, self-employment or any other type of vocational activity. brosura-kakovstopiti-ANG.p65 5 • visa for single entry or multiple entries • transit visa • airport transit visa • group visas Visa for single entry or multiple entries • The collective duration of residence may not exceed 90 days within a period of six months • validity: 1 year • it is issued for tourism, business, personal or any other visits Transit visa • A transit visa may be issued for single or double transit and, exceptionally, multiple transits through the national territory. • In each transit, the foreigner may stay in the Republic of Slovenia no more than 5 days. • A transit visa may only be issued if the foreigner can prove that he or she is permitted to enter the next country of destination. Airport transit visa • An foreigner awaiting his or her connecting flight does not require a visa if he or she does not leave the airport transit area. Group visas • Group visas are issued as visas for single entry or as transit visas to a group of foreigners (no less than 5 and no more than 50 people). • Group visas are issued for a residence duration of no more than 30 days or as a transit visa. A visa is issued at the request of an foreigner if he/she is in possession of a valid travel document. The foreigner must acquire a visa prior to his/her entry into the country. Visas are issued by diplomatic and consular missions of the Republic of Slovenia based abroad. 19.2.2010, 9:40 5 6 How to enter the Republic of Slovenia How to acquire the appropriate residence permit in Slovenia If an foreigner wishes to work in Slovenia legally, he/she must not only acquire a work permit but also a residence permit. A residence permit is especially important, as it constitutes a residence permit and a permit to enter the Republic of Slovenia. A work permit and a residence permit for work purposes are two different permits issued by two different but interconnected bodies: the Employment Service (http:// www.ess.gov.si/) and the administrative units (http://www.upravneenote.gov.si/). A work permit enables employment or work in the Republic of Slovenia and is usually issued by the Employment Service, while a residence permit enables entry and residence in the country. It is issued by the administrative unit in whose territory the foreigner intends to reside, or in whose territory the foreigner already resides. If an foreigner wishes to legally work and reside in Slovenia, he/she requires both permits. A work permit is usually the basis for acquiring the residence permit, which is usually issued for the same duration as the work permit. If the work permit expires early, this is also a reason for seizing the residence permit. Types of rresidence esidence per mits permits • temporary residence permit • permanent residence permit brosura-kakovstopiti-ANG.p65 6 Prior to a residence permit being issued, evidence of meeting various requirements must be submitted. Conditions ffor or acq uiring residence acquiring permits for first residence: • a valid travel document with a period of validity exceeding the period of time planned to reside in the Republic of Slovenia by at least three months; • appropriate health insurance coverage; • sufficient means of subsistence (equal to at least the basic amount of minimum income in the Republic of Slovenia per month); • one well-founded reason or purpose why an foreigner intends to reside in the Republic of Slovenia. Reasons or pur poses ffor or rresiding esiding in purposes Slo Slovvenia for which a residence permit may be issued: • employment or work, research work, seasonal employment, cross-border provision of services by seconded workers, daily work migrants; • reuniting families; • study, education, specialisation or advanced professional training, practical training, cooperation or participation in international volunteer exchange programmes or other programmes not part of the formal education system; 19.2.2010, 9:40 How to enter the Republic of Slovenia • other legitimate reasons justified by law, international acts or international principles and practices (such as receiving a Slovenian pension, real estate ownership, hospital treatment, custody, receiving cash benefits); • Slovene descendants up to threetimes removed. The sspecif pecif ics of issuing rresidence esidence pecifics per mits: permits: yment or w or k (employment or • emplo employment wor ork work, research work, seasonal employment, the cross-border provision of services by seconded workers or daily work migrants): foreigners who wish to stay in the Republic of Slovenia for the purposes of employment or work may be issued a residence permit if they are in possession of a work permit. The work permit is issued by the Employment Service of the Republic of Slovenia. Applications for a residence permit for reasons of employment or work can be completed by the foreigner or by his/her employer. The foreigner must file the application for a residence permit for first residence with the diplomatic and consular mission of the Republic of Slovenia based abroad and the employer may file the application with the diplomatic and consular mission of the Republic of Slovenia based abroad or with the competent body in the Republic of Slovenia. • reuniting ffamilies: amilies: foreigners residing in the Republic of Slovenia on the basis of a permanent residence permit, as well as foreigners who, for the past year, have resided in the Republic of Slovenia brosura-kakovstopiti-ANG.p65 7 on the basis of a temporary residence permit and are in possession of a temporary residence permit valid for no less than one year, are granted the right to the reunion, preservation and regaining of family integrity with immediate family members (spouses, unmarried children (minors) of the foreigner; unmarried children (minors) of the spouse; parents of minors; adult unmarried children or parents of the foreigner or spouse for whom the foreigner or spouse is liable to provide support in accordance with the law of the country of his/her nationality). An application for a permit can be filed with a diplomatic and consular mission of the Republic of Slovenia based abroad or with the competent body in the Republic of Slovenia. • the cr cross-bor oss-border pro oss-bor der pr ovision of ser vices b or ker s: a services byy seconded w wor ork ers: permit for temporary residence for reasons of the cross-border provision of services by seconded workers may be issued at the request of the foreigner or the legal representative of one of the contracting parties. The application must be filed with the diplomatic and consular mission of the Republic of Slovenia based abroad, while the legal representative of the contracting party can file the application for a permit for first residence with the diplomatic and consular mission of the Republic of Slovenia based abroad or with the administrative unit. • resear esearch wor ork: ch w or k: the permit for temporary residence for reasons of research work may be issued at the request of the foreigner or the research organisa- 19.2.2010, 9:40 7 8 How to enter the Republic of Slovenia tion from the Republic of Slovenia that the foreigner has concluded a hosting agreement with. The application for a temporary permit for first residence must be filed with the diplomatic and consular mission of the Republic of Slovenia based abroad, while the research organisation can file the application with the diplomatic and consular mission of the Republic of Slovenia based abroad or with the administrative unit. • other w well-f ell-founded justif tified ell-f ounded rreasons easons jus tif ied by la w, int er national acts or int er nalaw inter ernational inter ernational principles and pr actices (the practices ownership of a real estate in Slovenia, receiving a Slovenian pension, custody, foster care, hospital treatment, etc.) brosura-kakovstopiti-ANG.p65 8 In addition to providing proof of meeting the required conditions, the foreigner must support his/her application for a residence permit with data from the criminal records of the country of origin that is no older than three months (provided that his/her country of origin issues such data). In accordance with the provisions of the Foreigners Act (http://zakonodaja.gov.si/rpsi/r09/ predpis_ZAKO1479.html), the application for a residence permit may be refused if there are reasons to assume that the foreigner may pose a threat to the public order, security or international relations of the Republic of Slovenia or if there is a suspicion that the foreigner’s residence in the country will be associated with the committing of terrorist or other violent acts, illegal intelligence activities, drug trafficking or other criminal acts. If all the conditions for issuing temporary permits for first residence are met, the administrative unit issues the permit and sends it to the diplomatic and consular mission of the Republic of Slovenia based abroad, where it is handed to the foreigner. 19.2.2010, 9:40 How to enter the Republic of Slovenia Temporary residence permit A permit for first residence in the Republic of Slovenia may only be issued as a permit for temporary residence. The application for a permit for first residence must be filed with a diplomatic and consular mission of the Republic of Slovenia based abroad, which submits the application to the competent administrative unit in the country. Third country citizens who reside in the Republic of Slovenia on the basis of a temporary residence permit and EEA citizens who reside in the Republic of Slovenia on the basis of a certificate of registration of temporary residence must register their temporary residence with the administrative unit within three days of their accommodation change or from being served the temporary residence permit. Should the foreigners accommodate in accommodation facilities, the landlords of such facilities are obliged to submit the registration of foreigners. A permit for temporary residence is valid for no more than one year. However, the foreigner or the landlord is obliged to renew the application for a temporary residence permit within eight days of the expiry of the application. The competent administrative body shall renew the registration of temporary residence during the procedure for examining the application for all timely submitted applications for the renewal of the permit for temporary residence or for issuing a further permit for temporary residence or a certificate of registration of temporary residence. After being served the permit for temporary residence or the certificate of registration of temporary residence, the foreigner or the landlord with whom they are staying must renew the registration of residence. The extension of the temporary residence permit Foreigners who are in possession of a permit for temporary residence in the Republic of Slovenia for reasons of employment or work and who wish to continue to reside in Slovenia for the same reasons after the expiry of such a permit may file an application for an extension of the validity of the permit. permit with a competent body in the Republic of Slovenia prior to the expiry of the validity of the permit. As with the first permit for temporary residence, another person acting on behalf of the foreigner may file for the extension (employer, research organisation or a representative of one of the contracting parties). A permit for temporary residence may be extended under the same conditions under which it was issued and the completed application must include evidence of meeting the requirements in the same manner as for the acquisition of the first residence permit. Foreigners shall file an application for the extension of a In addition to meeting the defined requirements for the extension of the residence permit, the administrative unit must again verify the existence of reasons that might prevent the permit from being issued (e.g. a threat to public order, security or international relations, failure to obey the legal order of the Republic of Slovenia, etc.). brosura-kakovstopiti-ANG.p65 9 19.2.2010, 9:40 9 10 How to enter the Republic of Slovenia Further permits for temporary residence Foreigners who are in possession of a permit for temporary residence in the Republic of Slovenia and who wish to continue to reside in Slovenia for a different purpose may file an application for issuing a further residence permit for a different purpose (e.g. foreigners residing in Slovenia on the basis of a permit for temporary residence for study purposes, who wish to remain residing in Slovenia after the expiry of such a permit for reasons of employment or work). Such an application must again be filed with the administrative unit prior to the expiry of the validity of the permit. The conditions, procedures and methods of issuing are the same as for the extension of the permit for temporary residence. Permanent residence permit A permanent residence permit may be granted to an foreigner who resides in the Republic of Slovenia uninterruptedly for a period of five years on the basis of a temporary residence permit and who also fulfils other conditions for being issued a residence permit. Provided other legally determined conditions are met, a permanent residence permit may be issued prior to the expiry of the fiveyear term: • if the foreigner is of Slovenian descent; • if the residence of the foreigner in the Republic of Slovenia is in the interest of the Republic of Slovenia; • if the foreigner already had a permanent residence permit in the Republic of Slovenia which was terminated due to his/her moving out of the country or absence from the Republic of Slovenia or the area of the European Union; brosura-kakovstopiti-ANG.p65 10 • if the foreigner already had a permanent residence permit in the Republic of Slovenia which was terminated due to the foreigner acquiring long-term resident status in another EU Member State. The condition of a five-year uninterrupted residence is fulfilled even if an foreigner was absent from Slovenia and did not have a temporary residence permit if the absences were shorter than six consecutive months and, during these five years, did not exceed ten months in total. 19.2.2010, 9:40 How to enter the Republic of Slovenia The duration of an foreigner’s residence in Slovenia on the basis of a temporary residence permit for the purpose of seasonal work, as a seconded worker or daily work migrant and the duration of an foreigner’s residence in Slovenia as a person with temporary protection is not included in the period needed for issuing a permanent residence permit. Fifty percent of the duration of an foreigner’s residence in Slovenia on the basis of a temporary residence permit for study and vocational training purposes is included in the period needed for issuing a permanent residence permit. The permanent residence permit is not issued to foreigners who have been residing in Slovenia uninterruptedly for five years on the basis of a temporary residence permit for study or vocational training purposes, or to foreigners who, when their applications for permanent residence permit are being decided, are residing in Slovenia on the basis of a temporary residence permit for study, vocational training or seasonal work purposes, as seconded workers or daily work migrants. A permanent residence brosura-kakovstopiti-ANG.p65 11 permit may be issued to immediate family members of the foreigner prior to the expiry of the five-year period provided that the foreigner has a permanent residence permit in Slovenia or had been awarded the status of a refugee. A permanent residence permit may be issued on the basis of a temporary residence permit to such persons who have resided in the Republic of Slovenia uninterruptedly for two years. The application for a permanent residence permit is submitted by the foreigner or by his/her legal representative or authorised person to the administrative unit in the foreigner’s area of residence. Foreigners must register their permanent residence or change of address with the administrative unit within eight days of being issued the permanent residence permit. Additional information on the residence of foreigners in the Republic of Slovenia is available on the State Portal of the Republic of Slovenia. http://e-uprava.gov.si/e-uprava/ dogodkiPrebivalci.euprava?zdid=498 19.2.2010, 9:40 11 12 How to enter the Republic of Slovenia The registration of permanent or temporary residence On the registration of temporary or permanent residence, the foreigner must submit a valid identity document equipped with a photograph and proof that the foreigner is entitled to reside at the address that he/she is registering. Such proof shall be a proof of ownership, a lease or sublease agreement or a written consent from the owner or owners of the flat or manager of the accommodation facility, though the owner’s consent is not required to be certified. More information on the registration and possibilities for electronic registration of residence is available from the administrative units or on the State Portal of the Republic of Slovenia: http://e-uprava.gov.si/e-uprava. If the real estate where the foreigner wishes to register his/her residence is entered into the land register, he/she is not required to prove ownership of this real estate, as the authorised body will obtain this data itself. The foreigner is however required to submit the number of the land register entry, the name of the cadastral municipality or plot number and the address of the competent court. Information for foreigners Info Point for foreigners Slovenska cesta 55, 1000 Ljubljana 00386 41 659 228 [email protected] www.info-tujci.si Promoting employability, education and social integration of migrant workers and their families, is partly financed by EU resources through the European Social Fund. Operation is implementing within Operational program Human Resources Development for the period 2007 – 2013, development priority: 4. Equal opportunities and encouraging social integration, priority orientation: 4.1. Equal oportunities on labour market and empowering social integration based on contract 2611-09-038502 between Ministry of Labour, Family and Social Affairs and Employment Service of Slovenia. brosura-kakovstopiti-ANG.p65 12 19.2.2010, 9:40
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