The Settling of the Status of Citizens of Other SFRY Successor States in The Republic of Slovenia Act

Article 1

A permanent residence permit may be issued to a citizen of another SFRY successor state (hereinafter: alien) who had permanent residence registered in the territory of the Republic of Slovenia on 23 December 1990 and who has continued to live in the Republic of Slovenia since that date, or to an alien who was residing in the Republic of Slovenia on 25 June 1991 and has continued to do so without interruption since that date, regardless of the provisions of the Aliens Act, if they fulfil the conditions prescribed in this Act.

Article 2

An application for a permanent residence permit shall be filed with the administrative unit in whose territory the applicant is residing within three months of the entry into force of this Act.

An alien who has filed an application for citizenship of the Republic of Slovenia according to Article 40 of the Citizenship of the Republic of Slovenia Act (Ur. l. RS, 1/91-1, 30/91, 38/92, Constitutional Court decree, 61/92, 13/94) and has received a negative response may file the application referred to in the previous paragraph within three months of the entry into force of this Act, or of the decision becoming final, if it becomes final after this Act enters into force.

The applications referred to in the previous paragraphs of this Article shall be decided upon by the ministry responsible for the interior (hereinafter: ministry).

An application for a permanent residence permit shall be filed using the form prescribed by the minister responsible for the interior.

Article 3

A permanent residence permit shall not be issued to a person who:

•     has, since 25 June 1991, been convicted of a misdemeanour against public order and peace with elements of violence more than once;

•     has, since 25 June 1991, been sentenced to a prison term of at least one year for a criminal offence;

•     has, since 25 June 1991, been sentenced to prison terms exceeding a total of three years;

•     has, since 25 June 1991, been convicted of a criminal offence specified in Chapters 15 or 16 of the Criminal Law Act of the SFRY (Ur. l. SFRY, 44/76, 34/84, 74/87, 57/89, 3/90, 39/90) committed against the Republic of Slovenia or against other values protected by criminal legislation in the Republic of Slovenia, regardless of where the offence was committed, according to the provisions of the first paragraph of Article 4 of the Constitutional Act on the Implementation of the Basic Constitutional Charter on the Independence and Sovereignty of the Republic of Slovenia;

•     has been convicted of a criminal offence defined in Chapters 33, 34 or 35 of the Penal Code of the Republic of Slovenia (Ur. l. RS, 63/94, 70/94).

Article 4

On the basis of the facts and circumstances established in the procedure, the ministry may issue a decision without questioning the applicant beforehand, if the ministry assesses that questioning would not change the state of affairs.

Article 5

If the procedure cannot be completed without the applicant's cooperation and if he does not carry out the actions necessary for the continuation or completion of the procedure, despite warnings given to him by the ministry, his silence shall be interpreted as a withdrawal of the application.

Article 6

The ministry shall issue a permanent residence permit to an alien by applying this act, even if he has already applied for the permit under the Aliens Act, if his request has not yet been decided upon and if this is more convenient for him.

Article 7

In order to provide information on aliens and on issued decisions and resolutions, the ministry shall keep records on:

•     received applications;

•     issued permanent residence permits, decrees and resolutions.

The records on received applications shall also be kept by administrative units.

The records shall include the following personal and other data:

name and surname;

standardised personal registration number;

maiden name;

sex;

date of birth (day, month, year);

place of birth (country, town);

nationality;

occupation;

town, street and house number of the permanent or temporary residence or place of residence in the Republic of Slovenia on 23 December 1990 or 25 June 1991;

town, street and house number of the current residence or place of residence;

date of arrival in the territory of the Republic of Slovenia;

evidence of uninterrupted stay;

type and number of proof of identity, date of issue, validity and issuing body;

date of the filing of the application and of the issuing of the confirmation;

date and number of the issuing of the decree or resolution, and the date it was served.

The records specified in this Article shall be linked to the records specified in the Aliens Act.

For other issues regarding the protection, use, forwarding and storage of personal data, the provisions of the Aliens Act shall be reasonably applied.

Article 8

This Act shall enter into force on the sixtieth day after its publication in the Uradni list Republike Slovenije.