Slovenia: Foreigners Act 1991
| Publisher | National Legislative Bodies / National Authorities |
| Publication Date | 25 June 1991 |
| Cite as | Slovenia: Foreigners Act 1991 [Slovenia], 25 June 1991, available at: https://www.refworld.org/docid/3ae6b50818.html [accessed 30 May 2023] |
| Comments | This is an unofficial translation. This Act was published in the Official Journal of the Republic of Slovenia, year I, No. 1-9/91, 25 June 1991. |
| Disclaimer | This is not a UNHCR publication. UNHCR is not responsible for, nor does it necessarily endorse, its content. Any views expressed are solely those of the author or publisher and do not necessarily reflect those of UNHCR, the United Nations or its Member States. |
I. GENERAL PROVISIONS
Article 1
Any person without citizenship of the Republic of Slovenia is considered as a foreigner.During their stay in the Republic of Slovenia foreigners are obliged to observe the provisions of the Act concerned as well as the regulations and decrees issued by the state organs, based on the Constitution of the Republic of Slovenia, the laws of the Republic of Slovenia and its obligations ensuing from international agreements.
Article 2
Diplomatic and consular personnel of foreign representations, as well as that of other foreign missions with diplomatic status in the Republic of Slovenia, are exempt from the provisions of the Act concerned.II. STATE ENTRY
Article 3
Any foreign possessing a valid passport of his/her own country, or travel document issued by the communal administrative organ in authority (short: organ in authority - or organ of the Republic of Slovenia with consular authority, based abroad) may enter the state and stay there by using any of the officially designated border crossings.There has to be a visa in the passport if the Act concerned and/or international agreement reached do not specify otherwise.Any foreigner coming on a tourist or business visit, not possessing a passport, may, after presenting a valid identity card or other foreign ID certificate, receive an entry permit (tourist pass) issued by the border control organ in authority.
The Executive Council of the Assembly of the Republic of Slovenia may, in case of reciprocal inter-state agreement, allow citizens of foreign states concerned to come in with identity cards (or other valid ID certificates) only.
Article 4
Transit landings of planes at airports of the Republic of Slovenia, with passengers staying inside airport transit zones, are not considered as state entries.Foreigners staying on board ships anchored at harbours or ports in the Republic of Slovenia are not considered to have entered the state either.
Article 5
Foreigners may be denied entry into the territory of the Republic of Slovenia for reasons specified by the Act or reasons ensuing from international relations ("reciprocity").III. VISAS
Article 6
Foreigners need arrival/departure visas to enter/leave the Republic of Slovenia and transit visas allowing them to travel across its territory.Labour or business visas are also issued.
Visas are valid for up to one year if the law does not specify otherwise.
Foreigners possessing valid passports may be granted visas (entered in their passports).
Article 7
Labour visas (permits) are issued on request of individuals, firms or private employers, by the state organ of the Republic of Slovenia in authority or a representative organ of the Republic of Slovenia abroad in charge of consular affairs.When applying for a labour visa, the foreigner should submit a document as proof of his/her employment (contract) of work to be carried out under the state law.
The visa is then issued for the period of employment - or work - contracted, and will in no case exceed the passport expiry date.
The visa is to be considered as a temporary residence permit, including an unlimited number of journeys.
Article 8
Business visas are issued on request of individuals, firms or private employers by a representative organ of the Republic of Slovenia abroad in charge of consular affairs, or the state organ of the Republic of Slovenia in authority.When applying for a business visa, the foreigner should submit a document as proof of his/her intended activity on the territory of the Republic of Slovenia, to be carried out under the state law concerning foreign investment and foreign-trade ventures, or work of experts based on long-term business and technical cooperation contracts, including technology transfer.
The visa is then issued for the duration of the foreigner's activity, as explained in the preceding paragraph, and will in no case exceed the passport expiry date.
The visa is to be considered as a temporary residence permit, including an unlimited number of journeys.
Article 9
Arrival/departure and transit visas are issued on request of foreigners by a representative organ of the Republic of Slovenia abroad, in charge of consular affairs, or the state organ of the Republic of Slovenia in authority, if there is no international agreement specifying otherwise.Arrival/departure visas are issued for one, several or an unlimited number of journeys, while transit visas are issued for one single journey lasting up to seven days and beginning on the day of state entry.
Arrival/departure and transit visas may also be issued by a state-border control organ in authority.
IV. DENIAL OF STATE ENTRY - DENIAL OF VISA
Article 10
Foreigners may be denied state entry - denied visas - for the following reasons:if he/she has been expelled from the state, or has been denied permission to reside there for a given period of time as decreed;
if he/she is an internationally registered law offender (criminal);
if the organ in authority finds his/her residence would result in a financial burden for the Republic of Slovenia;
if if he/she has no entry visa of his/her destination state, when requested;
if his/her arrival is likely to be related with terrorist activities or other acts of violence in the territory of the Republic of Slovenia, drug trafficking or other law-offending acts;
if he/she is not in possession of valid documents of identity;
if he/she is coming from an infected area (danger of spreading infectious diseases) and can present no vaccination certificate.
Article 11
In case the organ in authority should reveal the existence of any of the above-mentioned circumstances after issuing the visa/permit, the organ may cancel the visa concerned.The organ in authority may also cancel any labour or business visa in cases when the reasons for which it has been issued are found not or no longer to exist.
Any foreigner coming under penal proceedings may, through the organ in authority, be denied his/her departure visa.
Article 12
For any of the reasons stated above (Article 10), the border-control organ in authority may orally refuse to issue a visa, may deny state entry to a foreigner even when he/she possesses a valid visa.The above resolution is entered into the passport and is final.
V. RESIDENCE OF FOREIGNERS
Article 13
Any foreigner arriving with a valid passport may stay in the Republic of Slovenia up to three months or for the period as designated in his/her visa (if there is no contrary specification ensuing from international agreement); those arriving with documents as described in Article 3, second and third paragraphs, may stay in the Republic of Slovenia for 30 days.When a foreigner wishes to stay in the Republic of Slovenia for a period of time longer than that specified in the previous paragraph, for reasons of schooling, specialization, employment, medical treatment or professional activity, or for reasons of marriage with a citizen of the Republic of Slovenia, possession of real estate (immovables) in the State, enjoying labour-based right to reside, or for some other justifiable reasons, he should, before the agreed date expires, apply to the organ in authority for a temporary residential permit.
Thereupon, the foreigner concerned receives a certificate authorizing his further stay in the State until an official decree is issued.
Article 14
Residential permits are issued as:temporary (limited) residential permits;
permanent residential permits.
Article 15
Temporary permits are issued for periods of up to one year, or for shorter periods in case when passports expire at an earlier date.Temporary permits may also be prolonged.
Foreigners should apply for prolongations before the date of expiry of the permit.
Article 16
Permanent permits are granted to those foreigners having legally resided on the territory of the Republic of Slovenia for at least three years, without interruption, and complying with conditions ensuing from the second paragraph of Article 13 of this Act, justifying permanent residence.Foreigners of Slovene descent, or foreigners whose residence in Slovenia is in the interest of the Republic of Slovenia, may be granted permanent permits before having completed the above-designated period of temporary residence.
For permanent permits foreigners should apply to the organ in authority.
Article 17
Irrespective of the provisions contained in Articles 13 and 16 of this Act, temporary or permanent residential permits may be issued to children up to 18, or persons married to foreigners in possession of a permanent or temporary permit to reside in the Republic of Slovenia.Article 18
Temporary residence may also be granted for humanitarian reasons."Humanitarian" permits are issued when there is no reason for issuing either a temporary or a permanent residential permit; when immediate leaving of the territory of the Republic of Slovenia would, given objective circumstances, jeopardize the personal safety of the foreigner concerned.
Any foreigner applying for a "humanitarian" permit is requested to submit evidence concerning his means of subsistence covering the period for which the permit is issued, subsistence on his own or provided by a third person, legal subject or organization.
Article 19
A temporary permit is issued by the organ in authority in the foreigner's residential area. A permanent and a temporary permit for humanitarian reasons are issued by the Republic organ in authority (Ministry of the Interior).When applying for a temporary/permanent permit, the foreigner concerned may be asked, by the organ in authority, to enclose evidence as to the justification for his application and the existing means of his subsistence.
Applicants may be refused for one of the following reasons:
when there are no reasons why he should need to reside in the state (second paragraph of Art. 13 or Art. 16);
when not possessing any means for his subsistence (or subsistence not provided otherwise);
when having entered the state contrary to the provisions of Art. 13;
in conformity with Art. 10 of this Act (para. 1, 2, 6 or 7).
Article 20
Foreigners' permanent or temporary permits are no longer valid when:the temporary permit having expired, the foreigner does not apply for renewal;
when the foreigner concerned, in possession of a permanent permit, changes address or remains abroad for more than one year without notifying the authorities;
when having acquired Slovenian citizenship.
Article 21
In case the applicant succeeds in all of his requests the temporary permit issued is entered in the passport and the permanent permit is marked in the passport.In case the application for a temporary permit is refused or in case the organ in authority finds reasons for not prolonging such a permit, it issues an appropriate decree.
Foreigners may lodge complaints against decrees of first instance within 3 days.
Article 22
The Executive Council of the Assembly of the Republic of Slovenia is authorized to prohibit or limit the circulation of foreigners in certain areas or to prohibit their either permanent or temporary residence in certain places for reasons of public order.VI. CANCELLATION OF RESIDENCE
Article 23
Residence may be cancelled to any foreigner residing in the territory of the Republic of Slovenia on the basis of a foreign passport, a valid visa/entry permit, or conforming with international agreements (first para. of Art. 13 of this Act); or possessing a valid temporary residential permit (first para. of Art. 14 of this Act) for one of the following reasons:public order, safety or state defence;
foreigners ignoring the decisions of the authorities;
foreigners' serious and recurrent violations of public law and order, border security and the Act concerned;
foreigners having been condemned by a foreign court or court of this state for a penal act and sentenced to three months' imprisonment or more;
not possessing any means for his subsistence or subsistence not provided otherwise;
securing people's health.
Article 24
Residence may be cancelled to any foreigner possessing a valid permanent residential permit, for one of the following reasons:foreigners having been condemned for a penal act and sentenced to three years' imprisonment or more;
foreigners having been sentenced to more than five years of imprisonment in all.
Article 25
The decree of cancellation of residence is issued by the organ in authority in the foreigner's residential area or, in case the person's residence has been cancelled, by the Republican organ in authority (Ministry of the Interior).When deciding on a cancellation, the organ has to take into consideration the foreigner's completed term of residence in the state, his personal, economic and other ties with the Republic of Slovenia, as well as the consequences to be borne by the foreigner and his family.
Any decree of cancellation of residence should not be for shorter than six months and no longer than five years.
When deciding on the term of state-entry denial to a foreigner, the court issuing the decree in question takes into consideration the seriousness of the violation or penal act, as well as other circumstances for which a foreigner's residence is unwanted.
The foreigner concerned may lodge a complaint against the decree within 3 days.
The complaint of a foreigner having resided in the territory of the Republic of Slovenia as explained under the first para. of Art 13 of this Act, or foreigner with a temporary permit having resided in the state for less than three years, cannot withhold the execution of the decree.
Article 26
The above-mentioned decree of cancellation also specifies the term inside which the foreigner concerned should leave the territory of the Republic of Slovenia as well as for how long he/she is not allowed to return.When specifying the term (delay) inside which the foreigner should leave the territory of the Republic of Slovenia, the organ issuing the decree of cancellation of residence should take into consideration the time needed for departure.
The decree of cancellation of residence is entered (marked) in the passport.
Article 27
The decree of expulsion, or removal, for reasons of security, issued by the Republican organ in authority (Ministry of the Interior) also states the delay inside which the foreigner concerned is to leave the state.No complaint against the above-mentioned decree will withhold its execution.
When specifying the term (delay) inside which the foreigner should leave the territory of the Republic of Slovenia, the organ issuing the decree of cancellation of residence should take into consideration the time needed for departure.
The decree thus issued may also be entered in the passport.
VII. FORCIBLE REMOVAL OF THE FOREIGNER
Article 28
Any foreigner refusing to leave the territory of the Republic of Slovenia within the time specified by the organ in authority (Ministry of the Interior) or foreigner residing in the Republic of Slovenia longer than he is authorized to, under Art. 13, first para. of this Act, or whose temporary residential permit has expired may be conducted by the authorities to the state border or to the diplomatic (consular) representation of his state, to be directed across the border or handed over to the representatives of his state respectively.Any foreigner not leaving the territory of the Republic of Slovenia under the previous paragraph and whose immediate removal, for any reason, is not possible and who is suspected to try to evade the measures as decreed, may be ordered to stay in a transit place (foreigners'home - refugee camp) for up to 30 days.
Any foreigner found not to be able - for objective reasons - to leave the territory of the Republic of Slovenia immediately and possessing his/her own means of subsistence may be allowed by the authorities (Ministry of the Interior) to reside in another place.
Article 29
When seizing a minor foreign citizen having entered the territory of the Republic of Slovenia without a valid passport, without knowledge or permission of his lawful guardians, or who has lost his/her guardianship, protection and means of subsistence, or has acted against the regulations of the Republic of Slovenia, the authorities (Ministry of the Interior) immediately notify the representative diplomatic (consular) organ of the minor's state or the organs in authority of the neighbouring state concerned, and hand the minor over to the organ of social security of the commune where he/she has been seized.Article 30
In case a minor, under the previous Article, is not for any reason handed over to the organ of the state whose citizen he/she is, he/she is placed in a transient foreigners' home - juvenile department.Article 31
Any expenses incurred as a result of a foreigner's forcible removal are to be supported by the foreigner himself/herself.In case he/she has no means, the above expenses are financed from the budget of the Republic of Slovenia.
All care and security needed by foreign minors are financed from the budget of the Republic of Slovenia.
Article 32
Any carrier having brought in, by land, air or sea, a foreigner not allowed to enter the state, will be obliged to take him/her back at his own cost, (i.e. the carrier) at the time specified by the organ in authority (Ministry of the Interior).Article 33
Forcible removal (handing over) of foreigners to any country will not be carried out in cases when their life there would be in danger for reasons of racial, religious, national or political identity and conviction, or in cases when they would come under the threat of torture or inhuman treatment or any kind of humiliation.VIII. REFUGEES
Article 34
Any foreign citizen having left his/her state, or the state in which he/she has resided on a permanent basis to avoid persecution because of his political conviction, cultural or scientific action, or national/racial/religious identity, may be granted the status of refugee in the Republic of Slovenia.Article 35
Any foreigner who, as officially confirmed, has committed a penal act against humanity and international law, or has acted in violation of the goals and principles of the United Nations, will be refused refugee status.If reasons are found to exist under the previous paragraph only after the status has been granted, the status of refugee is cancelled.
Article 36
The children of foreigners in possession of refugee status are entitled to the same rights as their parents, i.e. recognized refugees.Once they have reached the age of 18, persons mentioned in the previous paragraph are treated in the same manner as other foreigners temporarily residents, of the Republic of Slovenia.
Article 37
The organ of the Republic in authority which decides on the status of refugee, its granting or cancelling, is that of the Ministry of the Interior.The foreigner concerned has to apply personally for refugee status within 3 days after his arrival at a police station or department.
Complaints against decrees by which they have been refused/taken away the above status, may be lodged by foreigners with the Executive Council of the Assembly of the Republic of Slovenia within three days.
Article 38
The status of refugee of any foreigner may be cancelled when he/she:has asked for protection of the state whose citizen he/she is (or has permanently settled in another state);
may safely return to the state from where he had escaped at its citizen, or as a person without citizenship of the state where he had previously resided on a permanent basis;
returns of his/her own free will to the state from which he/she had escaped;
acquires citizenship of the Republic of Slovenia or some other state.
Article 39
Essential conditions of life, lodging, means of subsistence and medical protection will be secured for any foreigner having acquired the status of refugee for as long as he leaves for another state or for as long as he/she is uncapable of earning his/her own living; but, in any case, for no more than two years counting from the date of official granting of refugee status.The above time limit will not be applied to any foreigner enjoying the status but found uncapable of earning his/her own subsistence.
Means of subsistence in the above case are provided from the Republic of Slovenia.
Article 40
Means of subsistence, to pay for lodging and medical protection of foreigners having acquired the status of refugee, will be provided in the amount and under the conditions as defined by the Executive Council of the Assembly of the Republic of Slovenia.IX. TRANSIENT FOREIGNERS' HOME
Article 41
Foreigners whose status of refugee is being examined are accommodated in the (so-called) transient foreigners' home.Such a home is established and taken care of by the Republican organ in authority (Ministry of the Interior).
The above-mentioned organ also provides means of subsistence, including medical protection for foreigners concerned, for as long as they reside in the home.
Lodging and means of subsistence of those foreigners not accommodated in the foreigners' home (first para. of this Article) are secured by the Republican organ in authority (Ministry of the Interior) in cooperation with medical and social welfare authorities.
Article 42
The foreigners' home is used to accommodate those foreigners whose identity is being examined, as well as those foreigners whose removal from the state, for any reasons, is not immediately possible.Article 43
Foreigners mentioned under first para. of Article 41 of this Act may, during the time of their residence in the foreigners' home, be granted temporary residential certificates authorizing them to circulate outside the transient-home area.X. PASSPORTS AND OTHER FOREIGNERS' DOCUMENTS
Article 44
Any foreigner having been granted refugee status in the Republic of Slovenia will, for reasons of travelling abroad, receive a refugee passport as defined by international agreements.Any foreigner in possession of a permanent or temporary residential permit in the Republic of Slovenia, and not in possession of a valid foreign passport may, for reasons of travelling abroad or arrival to the state, receive a foreigner passport.
A foreigner passport may also be granted to another foreigner, not in possesion of a valid foreign passport, under the circumstances defined by the law.
Article 45
Refugee passports are issued by the organ in authority in the foreigner's residential area.Foreigner passports are issued on request on foreigners in the Republic of Slovenia by the state organ in authority and on request of foreigners abroad by a representative organ of the Republic of Slovenia abroad in charge of consular affairs.
Refugee and foreigner passports are issued for periods up to one year.
Refugee and foreigner passports may also be extended though not for periods longer than five years in all.
Article 46
Any foreigner being 18 years of age may, on request, receive a refugee/foreigner passport. Persons under 18 may receive such a passport when requested by his/her lawful guardian.Minors (under 18 years old) may receive their own passports or may be entered (registered) in their guardian's passport.
Article 47
Foreigners may be denied a refugee/foreigner passport for one of the following reasons:on request of the competent court, if he/she is under penal proceedings;
if he/she has been sentenced to imprisonment, and not paroled, for as long as he/she has to serve the sentence;
on request of the competent court/social security organ, if he/she has not paid his/her alimony due to claimants' permanently residing in the Republic of Slovenia.
Article 48
In case the organ in authority should reveal the existence of any of the above-mentioned circumstances after issuing the passport, the organ may take away the passport concerned.The decree of cancellation of passport is issued by the organ in authority.
The foreigner concerned may lodge a complaint against the decree but cannot withhold the execution of the decree.
Article 49
Any foreigner aged 18, in possession of a permanent residential permit in the Republic of Slovenia may receive a foreigner identity card.He/she has to apply for it within 30 days after he/she has been granted his/her permit.Foreigners in possession of temporary residential permits may, at their own request, also receive identity cards.
Foreigners aged 15, in possession of permanent or temporary residential permits may, at their own request, also receive identity cards.
Identity cards may also be issued to foreigners aged under 15, upon request of their lawful guardians.
Article 50
Identity cards are issued for periods of five years to foreigners in possession of permanent residential permits and under 18 years of age; for periods of 10 years to foreigners aged between 18 and 50; and permanently valid cards for those over 50 years old.Foreigners in possession of a temporary permit receive cards valid for as long as their permits, but in no case for more than one year.
Foreigner cards (previous para.) may also be renewed, but no longer than 10 years in all.
Article 51
Foreigners are requested to carry their valid identity cards with them.Article 52
Any foreigner in possession of a damaged or worn out card, or no longer valid, or who has changed his/her personal name, should have the card replaced.He/she should have it replaced immediately but in no case later than 30 days after one of the above circumstances has occurred.
Article 53
Every foreigner is obliged to return his/her identity card to the organ in authority when:he has acquired the citizenship of the Republic of Slovenia;
he has moved out of the territory of the Republic of Slovenia;
he has received the decree of expulsion, or removal for security reasons, from the territory of the Republic of Slovenia;
he has been denied further residence on the territory of the Republic of Slovenia;
whose permanent/temporary residential permit has expired.
XI. FOREIGNERS' POLITICAL ACTIVITIES, SOCIETIES, CARRYING OF WEAPONS
Article 54
Foreigners are not allowed to found any political organizations.Foreigners residing in the Republic of Slovenia on a permanent basis, or having temporarily resided there for more than one year, may found a foreigners' society of their own but in conformity with the regulations valid for societies as founded by citizens of the Republic of Slovenia.
Foreign societies are registered by the Republic organ in authority (Ministry of the Interior).
Article 55
During his/her residence in the Republic of Slovenia any foreigher may buy, carry and possess weapons and ammunitions according to law.XII. PERSONAL NAME
Article 56
During his/her stay in the Republic of Slovenia a foreigner is obliged to use his/her personal name, the name lawfully acquired in his/her own state, if the law and/or international agreements do not specify otherwise.If the name written in a person's birth certificate is not identical to that mentioned in his/her passport, it is the last one which has to be entered into the official register of the Republic of Slovenia.
XIII. REGISTRATION OF RESIDENCE - PERMANENT AND TEMPORARY NOTICE OF DEPARTURE
Article 57
Foreigners have to give their permanent or temporary residence to the organ in authority.Any foreigner is to report his temporary residence within 3 days after arriving at the place of residence or after changing address of residence; he/she is to give notice of departure before leaving the place of his/her residence. When the foreigner concerned cannot report in person within the given term (e.g. office closed), he/she is to report in person to the police station or department.
Permanent residence or change of address has to be reported to the organ in authority within a maximum of 8 days after settling down, while notice of departure has to be given before moving.
Article 58
Companies as well as other organizations, or individuals, offering lodging to foreigners against payment should register them with the authorities (police station or department) within 12 hours after taking him/her in.Other persons having accommodated a foreigner should report him/her to the authorities within 3 days after his/her arrival, if he/she is staying more than 3 days.
Any foreigner not having taken lodgings as described in previous paragraphs, should report to the nearest police station/department within 3 days after border-crossing.
Article 59
Companies as well as other organizations, or invididuals offering lodging to foreigners against payment, should keep up to date the "book of foreigners" containing data as mentioned under 2nd, 5th, 7th and 14th items of first para. of Article 64 of this Act.The above-mentioned book (records) may be computer- or book-kept, as prescribed by the organ in authority.
Companies and organizations, as well as individuals mentioned under first para. of this Act are obliged to keep records of foreigners (first para. of this Article) for a period of two years after entering them in the respective books.
Companies and organizations, as well as individuals, mentioned in first para. of this Act, are obliged - if requested - to submit the book(s) for official inspection.
XIV. IDENTIFICATION OF FOREIGNERS
Article 60
Foreigners prove their identity with foreign passports, foreigner/refugee passports, entry permits and personal cards, on the basis of which the permit concerned has been issued, or by some other public document, with photography, on the basis of which it is possible to recognize the person's identity.If requested by an official person, the foreigner concerned has to show a document proving his/her identity.
No foreigner should ever lend such a document to another person or use another person's document in place of his/her own.
No one is authorized to withhold/retain a foreigner passport to protect his/her interests or rights.
Article 61
An authorized official person of the organ of the Ministry of the Interior may decide temporarily to retain a foreigner's passport or other document he/she has used to cross the state border in case he/she is under penal proceedings as a suspect or has committed a violation, or is officially prosecuted.In any of the above cases of retention of personal documents, the authorities will issue a corresponding certificate and will send the passport, along with the notice of violation/penal act, to the organ in authority.
Article 62
The foreigner concerned should report any discovered loss, theft or dispossession of his/her passport or other document of identity to the police station/department immediately or within 24 hours.Thereupon, the foreigner concerned is to receive a certificate of reported dispossession.
A foreigner having lost his/her passport abroad, issued by the organ in authority, should report it to the nearest representative organ of the Republic of Slovenia abroad in charge of consular affairs.
XV. RECORDS
Article 63
The organs in authority gather and keep data on foreigners, their status and their whereabouts, as well as documents issued to them.The data include:foreigner-permanent residents;
temporary (transient residents;
visas issued;
passports issued to foreigners;
passports issued to refugees;
identity cards issued to foreigners;
measures of safety passed on them and denials (cancellations) of residence permits;
foreigners with refugee status.
The organ in authority keeps records covering the third, fifth, sixth, seventh and eighth items of the above paragraph and relates the data referring to the document/measure/status concerned with the corresponding data stated under items 1, 2, 4, 5, 6, 7 and 10 of the first paragraph of this Act.
The organ in authority conveys data from Articles 64, 65, 66 and 67 of this Act to the Republican administrative organ, Ministry of the Interior.
Records mentioned in the first line of the first paragraph of this Article are also kept by the organ in charge of state-border control.
Article 64
When applying for a temporary/permanent residential permit, reporting his/her permanent/temporary residence, or giving notice of departure or changing address, the foreigner should inform the organ in authority (the organ of the Republic of Slovenia abroad in charge of consular affairs) of the following:1. immatriculation (registration) number ("EMST") if it exists;
2. name and surname;
3. maiden name;
4. sex;
5. date of birth (day, month, year);
6. birthplace (state, place);
7. citizenship;
8. profession;
9. last permanent/temporary residence abroad or in the Republic of Slovenia (state, place, street and no.);
10. current residence (temporary or permanent in the Republic of Slovenia);
11. date of arrival in the territory of the Residence of Slovenia;
12. reason for residence (employment, study, marriage, etc.);
13. source of means of subsistence;
14. type of passport, number, issued (date, place), valid until;
15. date of application.
The organ in authority keeps records as mentioned in the previous paragraph in the register of foreigners, permanently or temporarily residents.
In the register of foreigners temporarily residents, the organ in authority also keeps records of the time of validity of temporary permits issued.
Article 65
When applying to the organ in authority (the organ of the Republic of Slovenia abroad, in charge of consular affairs) for a visa, the foreigner concerned should state the data mentioned under items 1, 2, 4, 5, 6, 7, 8, 10 and 14 of the first paragraph of Article 64 of this Act, as well as data concerning the type of visa needed, the validity period and the reason(s) for applying.In the register of visas issued, the organ in authority also keeps records of the type of visa, validity and date of issue.
Article 66
When applying to the organ in authority (the organ of the Republic of Slovenia abroad, in charge of consular affairs) for a refugee passport, the foreigner concerned should state the data mentioned under items 1, 2, 4, 5, 6, 7, 8, 9, 10 and 14 of the first paragraph of Article 64 of this Act, as well as data concerning the type of passport needed: refugee or foreigner.The applicant should enclose two authentic personal photographs as prescribed.In the register of passports issued, the organ in authority keeps records of the type of passport, its registration or serial number, validity and date of issue.The register also includes data on passports stolen or missing.Article 67
When applying to the organ in authority (the organ of the Republic of Slovenia abroad, in charge of consular affairs) for a foreigner identity card, the foreigner concerned should state the data mentioned under items 1, 2, 4, 5, 6, 7, 10 and 14 of the first paragraph of Article 64 of this Act.The applicant should enclose two authentic personal photographs as prescribed.In the register of cards issued, the organ in authority keeps records of their registration and serial numbers, validity, date of issue and renewal.
Article 68
The register of measures of safety passed on foreigners/refugees and denials (cancellations) of residence permits, also contains data mentioned under items 1, 2, 4, 5, 6, 7, 10 and 14 of the first paragraph of Article 64 of this Act, and data concerning the duration of the measures and the organ through which such measures were approved.Article 69
The register of foreigners in possession of refugee status contains data mentioned under items 1, 2, 4, 5, 6, 7, 10 and 14 of the first paragraph of Article 64 of this Act, along with the date of refugee status issue.Article 70
When reporting his temporary residence, the foreigner concerned should inform the organization or individual as mentioned under Article 58 of this Act, or the organ in authority/police station or department, of the data mentioned under items 1, 2, 4, 5, 6, 7, 10, 11 and 14 of the first paragraph of Article 64 of this Act.In case he/she has no passport, he/she should state the number of entry permit and the number of identity card.Article 71
Records of foreigners temporary residents are kept for two years after receiving notice of departure or expiry date of visa and then are destroyed.Records of foreigners permanent residents and data mentioned under the second paragraph of Article 63 of this Act concerning permanent residences - are kept for 50 years after termination of residence, and then are put in archives.
Data concerning measures passed on foreigners, or cancellation of residence permits, are kept for five years after the date on which a measure/cancellation decree was passed.
Article 72
Personal data taken from records as mentioned under the first paragraph of Article 63 of this Act may be used by official persons of the Ministry of Interior for their legally prescribed tasks.Upon request of companies, other organizations, communities, state and other organs or citizens, the organs in authority are to submit data making part of the records as mentioned under the first paragraph of Article 63, when the former are entitled to their use under the law or with written consent of the individual to whom the above data refer.
Users of personal data mentioned in the previous paragraph may not transfer these data to any other users and may only use them for previously defined purposes.
Article 73
The organ in authority (Ministry of the Interior) may, on a reciprocity basis, transfer data concerning foreigners contained in the respective records, to other states when the following conditions are fulfilled:(1)if the above-mentioned data transfer involves foreign state organs in charge of diplomatic/consular affairs;
(2)if the potential user binds himself to use the data thus obtained only to prevent and suppress serious crimes, or in cases when such data transfer is to the undoubted advantage of the individual concerned.
(3)if the organ to which data are transferred, depending on the state where it is situated, is in a position to provide complete personal data security even when foreigners are concerned.
XVI. AUTHORITY AND CONTROL
Article 74
The head of the Republican organ in charge (Ministry of the Interior) issues detailed prescriptions concerning the following:procedure to follow when examining the recognition of the status of refugee;
practices of issuing temporary and permanent residence permits, of issuing passports and other documents including visas for foreigners, reports of residence and notices of departure;
forms of passport, entry permits, identity cards, temporary and permanent residence permits, visas ans transient-home lodging certificates;
residence report and notice of departure forms as well as forms to be filled in by organizations and individuals offering lodging to foreigners;
bookkeeping and reporting;
price of forms charged to foreigners by the organs in authority issuing the documents concerned;
house order and management of foreigners (transient) home.
The head of the organ in authority, as stated in the previous paragraph, authorizes the company/organization chosen to produce passport and identity card forms for foreigners.
Article 75
The head of the Republican organ in authority in charge of international cooperation, in accordance with the head of the Republican organ in authority in charge of the Interior, prescribes the following:practice of issuing passports and visas for foreigners by the organ of the Republic of Slovenia abroad, in charge of consular affairs;
practice of keeping records of and reporting on passports/visas issued for foreigners by organs of the Republic of Slovenia abroad, in charge of consular affairs.
XVII. PENAL PROVISIONS
Article 76
Any one will be fined at least an amount of 10.000 din who has been found guilty of:(1)not having rejected the foreigner who was not allowed to enter the state or not having rejected him/her within the delay prescribed by the organ in authority of the Interior (Art. 32);
(2)not having registered with the authorities within the prescribed time a foreigner lodged for the night (first para. of Art. 58);
(3)not keeping foreigners' records (book), not keeping them in order or not holding them for two years (first and third paragraphs of Art. 59);
(4)refusing, on request, to submit the book(s) to official inspection (fourth para. of Art. 59);
(5)withholding a foreigner's passport to protect his/her (i.e. legal subject's) interests or rights (fourth para. of Art. 60).
Will also be fined at least an amount of 10.000 din any responsible person of the legal subject committing any of the above-mentioned violations.
Article 77
Will be fined at least an amount of 10.000 din any one engaged in providing lodging to foreigners as a private person who:(1)does not register with the authorities, within prescribed time, any foreigner lodged for the night (first para. of Art. 58);
(2 does not keep foreigners' records (book), does not keep them in order or does not hold them for two years (first and third paras. of Art. 59);
(3)refuses, on request, to submit the book(s) to official inspection (fourth para. of Art. 59);
(4)withholds a foreigner's passport to protect his (i.e. legal subject's) interests or rights (fourth para. of Art. 60).
Will be also fined any one, as specified in the first para. of this Act, independent (private) carrier who does not reject the foreigner who was not allowed to enter the state; or any one who does not follow these rules within the delay prescribed by the Republican organ in authority of the Interior (Art. 32).
Article 78
Any one will be fined at least an amount of 1.000 din committing one of the following violations:(1)who leads or helps a foreigner across the state border away from designated points or helps a foreigner across the border without proper documents (Art.3);
(2)who does not register the foreigner concerned whom he/she had lodged for more than three days (second para. of Art. 58).
Article 79
Will also be fined an amount of at least 1,000 din any foreigner:(1)who crosses or attempts to cross the state border other than designated points, or without proper documents (Art. 3.);
(2)who does not leave the territory of the Republic of Slovenia within the time prescribed by the authorities (first para, of Art. 26);
(3)who enters the state during the period he/she has been expelled/removed from the state for security reasons or decreed by the authorities not to reside in the state any longer (Art. 10 in connection with Art. 27).
Article 80
Any foreigner will be fined an amount of at least 500 din who:(1)stays in the state longer than permitted on the basis of his/her passport, visa, entry permit, international agreement or decree of permanent residence not valid or renewed (Art. 13);
(2)does not ask for his/her identity card to be issued after a delay of 30 days (first para. of Art. 69);
(3)does not have his/her identity card on him/her (Art. 51);
(4)has not replaced his/her identity card (Art. 52);
(5)acts in violation with the first para. of Art. 54 of this Act;
(6)does not register his/her temporary residence or change of address with the authorities (second para. of Art. 57);
(7)does not register with the authorities his/her permanent residence address or does not give notice of it (third para. of Art. 57);
(8)does not register conforming with the third para. of Art. 58 of this Act;
(9)refuses, when requested by an official person, to identify himself/herself (second para. Art. 60);
(10)has lend his/her identity document to another person or himself/herself has used another person's identity document (third para. Art. 60);
(11)does not report his/her passport or another document of personal identity which is missing, lost, stolen or taken away (first and third para. of Art. 62);
(12)gives false information in his/her application mentioned under Art. 64, 65, 66, 67 and 70.
XVIII. TEMPORARY AND FINAL PROVISIONS
Article 81
The provisions of this Act do not, until they become final, apply to citizens of SFRY-citizens of another republic who, within six months of delay after the introduction of the Act on Citizenship of the Republic of Slovenia, apply for recognition of citizenship of the Republic of Slovenia under Art. 40 of the Act concerned.Citizens of SFRY-citizens of another republic not applying for citizenship of the Republic of Slovenia within the time defined in the previous paragraph or for whom "negative" decrees are issued, will fall under the provisions of the above-mentioned Act within two months after the term as specified, within which time they could have applied for citizenship of the Republic of Slovenia (or within two months after receiving the final decrees).
Article 82
Refugee passports, foreigner passports and foreigner identity cards issued on the basis of the Act on Circulation and Residence of Foreigners (Official Journal of SFRY No. 56/80, 53/85, 30/89 and 26/90) remain in force two years after the introduction of this Act.The old (previously used) forms may, after the introduction of this Act, still be used for another year for refugee passports, foreigner passports and foreigner identity cards.
Permanent residential permits issued under the Act on Circulation and Residence of Foreigners (Official Journal of SFRY, No. 56/80, 53/85, 30/89 and 26/90) of all foreigners having acquired permanent residence before the Act was passed, remain valid.
