Regulation on the Criteria for Establishing Whether a Person Fulfils the Determined Conditions for the Acquisition of Citizenship of the Republic of Slovenia by Naturalisation

On the basis of Article 28 of the Citizenship Act of the Republic of Slovenia (Official Gazette of the Republic of Slovenia, nos. 1/91-I, 30/91-I, 38/92 and 13/94) and Article 25 of the Law on the Government of the Republic of Slovenia (Official Gazette of the Republic of Slovenia, no. 4/93) the Government of the Republic of Slovenia has passed the Regulation on the criteria for establishing whether a person fulfils the determined conditions for the acquisition of citizenship of the Republic of Slovenia by naturalisation

Article 1

This regulation determines the criteria for establishing whether a person fulfils the conditions under items 3, 4 and 8 of the first paragraph of Article 10 of the Citizenship Act of the Republic of Slovenia (hereinafter referred as: Act) (Official Gazette of the Republic of Slovenia, nos. 1/91-1, 30/91-I, 38/92 and 13/94).

Article 2

While establishing the condition of actual living under item 3 of the first paragraph of Article 10 of the Act the following is regarded as interruption:

a longer absence from Slovenia which cannot be considered a tourist trip (i.e. longer than 3 months);

several shorter absences from the Republic of Slovenia if it is evident that the person keeps returning to Slovenia to take advantage of the regulations of the Republic of Slovenia.

What does not count as an interruption of actual living in Slovenia is if a person was sent abroad to work or study or get medical treatment by a Slovene organisation, or if the person works on a ship whose port of registry is in the Republic of Slovenia

Article 3

A person has a guaranteed residence under Item 4 of the first paragraph of Article 10 of the Act, if:

the person or his/her spouse is the owner of an apartment or a house;

the person is a tenant of an apartment or a house whereby the lease contract must be in accordance with the housing law. The lease must be subject to redemption and registered with the competent housing agency;

the owner of the apartment or house, with a court-authenticated written statement, irredeemably lets the apartment or the house. This mode is only possible for the owner's adult children or their spouses.

Residence under the first paragraph is a space whose minimum area must for one person amount to at least 6 m², for two persons 10 m² , and additional 2 m² for every additional member of the household. Beside this basic area at least shared kitchen and bathroom must be available.

Article 4

The following is not considered as evidence on guaranteed residence under item 4 of the first paragraph of Article 10:

sublease contract;

lease of rooms in a hostel or other premises which are not considered residence according to the Housing Law;

decision on the allocation of a council apartment if the making of a lease contract is hindered by the reservations under Article 148 of the Housing Law.

Article 5

It is considered that a person has assured permanent material and social welfare under item 4 of the first paragraph of Article 10 if the person can prove that:

he/she is regularly employed and his income corresponds to the amount stated by the regulation of the Government of the Republic of Slovenia on the determination of the minimum pay;

he/she receives a pension, regardless of its amount, if it was determined in the Republic of Slovenia;

he/she has another regular and permanent source of income in the amount stated in item 1;

another person is obliged to maintain him/her according to the Law on Marital Links and Family Relationships.

If the petitioner is, by law, obliged to maintain another person, his/her income must be sufficient, in the sense of the above items, also for the person who he/she is obliged to maintain.

Article 6

A threat to public order under item 8 of the first paragraph of Article 10 of the Act is posed if:

the person has been sentenced to imprisonment or got suspended sentence twice or more;

the person was in the last year punished for two or more violations of public order and other misdemeanours which point to maladjustment of the person to the environment (e.g. of the Law on Protection from Noise);

if the person with his activities disregarded the authorities of the Republic of Slovenia or did not discharge the decisions of courts and other agencies of the Republic of Slovenia in a way which indicates that the person also after the admission into Slovene citizenship will not subject to the legal order of the Republic of Slovenia.

Article 7

A threat to the security of the state under item 8 of the first paragraph of Article 10 of the Act is posed if the person was involved, in the Republic of Slovenia or abroad, in activities which threaten its security and existence or harm the security, defence, political, economic and other vital interests of the State. A threat to the State is posed also if there is a reasonable suspicion that:

the person belongs to, takes part in, supports or in any other way helps organisations or groups preparing or executing violent acts;

the person is an active or former member or collaborator of foreign security agencies or intelligence services and other institutions or organisations the activities of which threaten the security, defence, political, economic and other vital interests of the Republic of Slovenia;

if the person is an active or former professional member of foreign armed forces or member of paramilitary organisations;

the person is an active or former member or sympathiser of political parties or organisations which are banned in another country because they strive for a violent change of constitutional regulation, and their activities pose an objective threat to the basic human rights ensured by the Constitution;

the person advocates or advocated in the past, ideas stirring up national, religious or racial hatred, or their realisation would represent the committing of criminal offences against humanity and international law.

Article 8

A threat to defence of the State under item 8 of the first paragraph of Article 10 of the Act is posed if the person:

took an active part in the aggression against the Republic of Slovenia, either in the commanding or in direct fighting role;

took part in unlawful activities of the Yugoslav People's Army after July 18, 1991, especially in the destruction of movable and immovable property and unlawful appropriation;

served actively in armed forces of other countries;

is suspected, or there is an indication, of the person's intelligence activities to the benefit of foreign military or other intelligence services or states.

Article 9

This regulation enters into force on the day following its publication in the Official Gazette of the Republic of Slovenia.