Documentation Database: Questionnaires: Family Reunification Directive 2003/86/EC
Slovenia
Subject Comparative study on the implementation of the Family Reunification Directive 2003/86/EC in (25) Member States
Data from other countries Go to Questionnaire (with links to the answers of all other countries)
This Form Data by Slovenia (26/04/2007)
Section Question Answer
A. General
A.1 top Q: Has the Directive been implemented in your country? If so, please add the references and the texts of relevant legislative and administrative measures and the dates they entered into force.
answer Slovenia A: The Directive has been implemented in Slovenia by the following acts:

  • the Act amending the Aliens Act,2005 (Ur.l. RS/Official Gazette, No.61/99,87/02,96/02, 93/05, 112/05 – officially consolidated text, 97/06,107/06 – officially consolidated text); The Act amending the Aliens Act from 29 Sept. 2005 entered into force on 16 Dec. 2005.
  • Asylum Act (Ur.l. RS/ Official Gazette, No. 61/99, 124/00, 67/01, 98/03, 17/06, 51/06 – officially consolidated text;
  • General Administrative Procedure Act (Ur.l.RS/Official Gazette, No. 80/1999, 70/00)
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AUS BEL CYP CZE DEN EST FIN FRA GFR GRE HUN IRE ITA LAT LIT LUX MAL NET POL POR SVK SVN SPA SWE GBR
A.2 top Q: Has there been a political or public debate on the implementation of the Directive? If so, please summarize the main issues of the debate.
answer Slovenia A: There was no special political debate. Changes of the Act were presented in the Parliament as a result of the Country’s obligation to implement the respective EC law.
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A.3 top Q: What have been the main changes in the national law or practice due to the Directive. Please indicate for each change whether it improved or deteriorated the legal status of third country nationals and their family members? Did it make the national rules more strict or more liberal?
answer Slovenia A: 2005 Act amending Aliens Act has partly changed the procedure of issuing the temporary residence permits for the purpose of family reunification. New regulation has been adopted according to which family reunification is possible only if a sponsor is holding a permanent residence permit or he/she is holding a temporary residence permit and has the last year resided in Slovenia . (In this regard Act has become more strict as under the previous regulation family reunification was allowed as soon as the temporary residence permit has been issued to sponsor. The definition of “family members” has also been changed: Non-married minor children of a spouse below the age of majority, adult unmarried children and parents of his/her spouse where they are dependent on a spouse have been included into category of family members. Adopted children are not expressly mentioned as according to the general principle they are equalized to children.
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A.4 top Q: Are there already judgments of national courts applying or interpreting the Directive? If so on which issues?
answer Slovenia A: No.
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A.5 top Q: Did the judgment of the Court of Justice of 27 June 2006 in the case Parliament v. Council (C-540/03) already have any effect on the implementation of the Directive, the national practice or case-law or the legal literature? If so, please specify the effects.
answer Slovenia A: The case is of no relevance for Slovenia as it did not take the advantage of the possible derogations provided for in last subparagraph of Art. 4(1) and Art. 4(6).
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B. Questions on specific provisions
B.1 top Q: Article 3(1):
How is the clause: who has reasonable prospects of obtaining the right of permanent residence
implemented in the national law?
answer Slovenia A: There is no experience in this regard. Some are of opinion that the above mentioned condition is of less relevance as the requirement of the residence of one year is provided for.
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B.2 top Q: Article 3(3):
Will a third country national also having the nationality of your country be able to rely on the Directive?
answer Slovenia A: No. If a sponsor is of the nationality of Slovenia he/she will not be able to rely to the Directive. He/she falls under the regime provided for the EU citizens.
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B.3 top Q: Article 3(3):
Are nationals of your country and their third country national family members entitled to the same treatment, to a more privileged treatment or to less favourable treatment as provided in the Directive? Please specify the differences.
answer Slovenia A: -
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B.4 top Q: Article 4(1):
Has the right to family reunification of spouses and minor children been codified in national law? If so, please mention the relevant provisions of national law.
answer Slovenia A: Yes. See Art. 36(3) of the Aliens Act.
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B.5 top Q: Article 4(1) and 4(6): (children over 12 or 15 years)
Does the national law of your country provide special rules concerning the admission of children aged over 12 or 15 years?
answer Slovenia A: No.
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B.6 top Q: If children over 15 are prevented from applying for family reunification under what conditions are they entitled to reside considering the obligation for Member States second sentence of Article 4(6)?
answer Slovenia A: -
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B.7 top Q: Is your country barred from using the exceptions in Article 4(1) last sentence and Article 4(6) by the standstill-clauses in those two provisions?
answer Slovenia A: No. According to Art. 36(3) immediate family members are deemed to be minor unmarried children of a sponsor, minor unmarried children of a spouse and adult unmarried children, dependent on a sponsor.
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B.8 top Q: Article 4(3) (unmarried partners)
Has the provision on the admission of unmarried partners been implemented in national law? If so, under what conditions do they have a right to family reunification?
answer Slovenia A: No.
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B.9 top Q: Article 4(5) (minimum age spouse)
Does the national law require a minimum age for the admission of spouses that is higher than 18 years? If so what is the minimum age?
answer Slovenia A: No.
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B.10 top Q: Article 5(2) (documents and fees)
What kind of documentary evidence has to be presented with a family reunification application?
answer Slovenia A: The applicant has to submit a valid passport or a verified copy of such document, and evidence and documents of fulfilment conditions related to health insurance and sufficient funds for subsistence (at least the level of minimum wage in Slovenia).
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B.11 top Q: Does the applicant have to pay any fees and, if so, what is the (total) amount of those fees?
answer Slovenia A: The payment of administrative fee and the coverage of the expences for the permit in the form of stamp is provided for.
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B.12 top Q: Article 5(3) (place of application)
May an application be submitted when the family members are already residing in the Member State?
answer Slovenia A: No, it must be submitted, when family members are still residing in another state.
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B.13 top Q: Article 5(4) (length of the procedure)
Is there any time limit for the decision on the application by the administration?
answer Slovenia A: According to the General Administrative Procedure Act (Art. 222) the decision should be made in 1 month time limit.
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B.14 top Q: Article 5(5) (interest of the child)
How is the provision that Member States 'shall have due regard to the best interests of minor children' implemented in national law?
answer Slovenia A: It has been implemented indirectly by not taking profit of the derogations provided for in Art. 4(1) and 4(6).
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B.15 top Q: Article 6 (public policy exception)
How has the public policy and public security exception been implemented and defined in the national law?
answer Slovenia A: According to Art. 43 of the Aliens Act the issue of the residence permit shall be refused if:

  • there are reasonable grounds to suspect that the alien may pose a threat to public order and security, or to 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,
  • in the procedure of issuing the residence permit for the first residence in the country it is ascertained that the alien is coming from the territory with infectious or epidemic diseases and is without a proof of being vaccinated or is infected with the infectious or epidemic disease provided for in the WHO’s documents.
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B.16 top Q: What are the similarities and differences compared to the definitions of the same notions in the context of free movement of EU citizens?
answer Slovenia A: The only difference between the two notions is that in the context of free movement of EU citizens it is said: "if his/her residence may pose a threat to public order...". In the case of family reunification the following wording is used: "if there are reasonable grounds to suspect that the alien may pose..."
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B.17 top Q: Article 7(1)(a) and (c)(income and housing)
How is the income requirement specified in the national law?
answer Slovenia A: According to Art. 36(5)of the Aliens Act the sponsor who submits the application the residence permit for the purpose of the family reunification has to provide evidence of sufficient resources to maintain those immediate family members who intend to reside in the country.
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B.18 top Q: What is the level of net monthly income required (in euros)?
answer Slovenia A: There is no precise level of income required by the law.
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B.19 top Q: Is there a housing requirement in force, and if so, what is the minimum surface of the accommodation (in square meters)?
answer Slovenia A: No.
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B.20 top Q: Article 7(2) (integration measures)
Are family members required to comply with integration measures? If so, do they have to comply before or after admission and what are they actually required to do (follow a course, pass a test, etc.)
answer Slovenia A: No.
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B.21 top Q: Are there any positive or negative sanctions (privileges, subsidies, fines, residence rights or other) attached to the integration measures?
answer Slovenia A: No.
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B.22 top Q: Does the national law distinguish between the concepts 'integration conditions' and 'integration measures' (compare Article 4(1) last indent and 7(2))?
answer Slovenia A: -
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B.23 top Q: Article 8 (waiting period)
Is there any waiting period before the family reunification application can be filed?
answer Slovenia A: Sponsor is required to have stayed in the country for a period of one year.
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B.24 top Q: Article 9(2) (privileges for refugees)
Which privileges granted by the Articles 10-12 are in the national law limited to family relationship that predate the entry of the refugees?
answer Slovenia A: According to the Asylum Act is the right to asylum acknowledge to the following refugee’s immediate family members : a spouse (if the marriage predates his/her entry), minor unmarried children and parents of minor refugees. Family members have the same legal position in the procedure of the application as the person who applied for the refugee status. (Art. 3)
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B.25 top Q: Do other protected persons than Convention refugees benefit from the provisions of Chapter V of this Directive?
answer Slovenia A: See B.24
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B.26 top Q: Article 10(3) (family members of unaccompanied minors)
Are the parents, legal guardians or other family members of a refugee who is an unaccompanied minor, entitled to a residence permit under national law?
answer Slovenia A: Yes.
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B.27 top Q: Article 11 (lack of documents)
Which rules on alternatives to official documents in case of lack of official documents proving the family relationship are provided for in the national law?
answer Slovenia A: According to general rules of administrative procedure the existence of family relationship may be assessed on the basis of refugee’s statement, testimony etc.
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B.28 top Q: Article 12 (exemption from requirements)
From which requirements for family reunification, mentioned in Article 7 or Article 8, are refugees or their family members explicitly exempted by national law?
answer Slovenia A: Asylum Act does not require the refugee to provide evidence that he/she fulfils the requirements provided in Art. 7 of the Directive. In the case family members enter the country together with the person who applies for the status of a refugee and is granted such a status they are granted the status of a refugee, too.
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B.29 top Q: Article 13(1) (visa facilitation)
How has the obligation to grant third country family members 'every facility for obtaining the required visas' been implemented in national law?
answer Slovenia A: For the purpose of family reunification only residence permits are being issued. The issue of visas to family members is provided for in the case e.g. of visits.
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B.30 top Q: Article 14 (equal treatment)
How has the right of admitted family members to 'access to employment and self-employment in the same way as the sponsor' been implemented in national law?
answer Slovenia A: Art. 14 of the Directive has not been implemented yet. The Employment and Work of Aliens Act (Ur.l.RS, No 4/06 – officially consolidated text) is in the procedure of being amended and article 14 is intended to be implemented by the amendments. As regards employed and self-employed activity the proposal is to give the priority in authorising family members to exercise an employed or self-employed activity before other aliens. The amended Act shall also provide conditions to be fulfilled in the case of self-employment and the conditions under which so called personal work permits for the period of three years shall be issued.
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B.31 top Q: Did your country make use of the exception to that equal treatment allowed under Article 14(2) of the Directive?
answer Slovenia A: See B.30
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B.32 top Q: Article 15 (autonomous residence permit)
After how many years are spouses, unmarried partners and children entitled to an autonomous residence permit under national law? What other conditions are they required to fulfil in order to obtain such a permit?
answer Slovenia A: After five years of residence in Slovenia on the basis of temporary residence permit.
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B.33 top Q: Under what conditions can an autonomous residence permit be obtained before the period of time normally required under national law?
answer Slovenia A: -
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B.34 top Q: Article 16(1)(a) (resources)
Is the income of family members taken into account for the calculation of the sufficient resources at the time of the renewal of the permit?
answer Slovenia A: -
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B.35 top Q: Article 16(1)(b) (real family relationship)
Does the national law allow for refusal or withdrawal of a residence permit on the ground that the family member does no longer live in a real marital or family relationship? If so, which criteria have to be fulfilled under national law? Is the ground applicable to the relationship between parents and minor children?
answer Slovenia A: Family member’s residence permit may be refused or withdrawn if it is obvious that marriage was contracted for the sole purpose of obtaining the residence permit, or if during the process of renewing the permit it is stated that an immediate family member no longer lives in a real marital relationship with the sponsor, who has the right to family reunification. Parents and minor children are not expressly mentioned in this relation.
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B.36 top Q: Article 16(4) (marriage of convenience)
Does the national law contain provisions on fraud or on marriages or partnerships of conveniences? Is so are the definitions, checks and practices in conformity with Article 16(4)?
answer Slovenia A: Yes.
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B.37 top Q: Article 17 (relevant considerations)
How has this clause, requiring that certain specific elements are to be taken into consideration in the decision making on residence permits and removal orders, been implemented in the national law?
answer Slovenia A: The text of art.17 of the Directive has been overtaken into the Aliens Act (Art. 43/2)
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B.38 top Q: Article 18 (judicial review)
Are the sponsor and his family members entitled to have a negative decision reviewed by a court or independent tribunal? If so, please specify the relevant provisions in the national law and the scope of the judicial review (full review, review on legality or marginal control only)?
answer Slovenia A: In such cases family members have the right to appeal. The appeal shall be decided upon by the Ministry responsible for internal affairs. General Administrative Procedure Acts provides for the appeal against the decision of the administrative body before the Administrative Court.(Art.215)
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B.39 top Q: Article 18 (judicial review)
Is (publicly funded) legal aid available for an appeal against a decision to refuse family reunification or to withdraw the residence permit of a family member?
answer Slovenia A: See B.38
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C. Final questions
C.1 top Q: What are in your view the main strengths and weaknesses of the Directive?
answer Slovenia A: -
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C.2 top Q: Please add any other interesting information on the Directive or its implementation in your country that might be relevant for our study.
answer Slovenia A: Temporary residence permits in accordance with article 36 of the Aliens Act:

Yearissuedrefuseddismissed applicationsstopped proceedings
2002405893489
2003382145983
20043900341387
2005431726053
2006 (until 11-12-2006)3991599103

Number of aliens having valid temporary residence permit:

  • on 31.12.2002: 4267
  • on 31.12.2003: 4020
  • on 31.12.2004: 3571
  • on 31.12.2005: 3735
  • on 31.12.2006: 3470
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C.3 top Q: Please send us copies of the relevant laws and regulations, of any legal or other publications on the Directive or of judgments of national courts applying or interpreting the Directive, if possible in electronic form.
answer Slovenia A: Aliens Act in force is not available in English translation.
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D. Table
D.1 top Q: This table refers only to mandatory provisions of the Directive.
Please choose for each article one of the four alternative labels:
  • correct transposition
  • no transposition
  • violation of the Directive
  • unclear
If you choose the label 'violation' or 'unclear', please add a footnote with a short explanation.

answer Slovenia
Articles of the
Directive		Opinion about TranspositionExplanation
5(5)unclear As regards Article 5(5) it was assessed by the legislator to be unclear. It is stated (official in the Ministry of Interiors) that the whole Aliens Act has due regard to the best interests of minor children.
10(3)(a)correct transposition
11correct transposition
13(1)correct transposition As regards Article 13(1) one has to take into consideration that no visas are issued in such a case.
14(1)no transposition
15correct transposition
16(1)(b)correct transposition
17correct transposition
18correct transposition

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