Stricter Immigration Rules and Adoption of Students and Researchers Directive Forthcoming
May 18, 2021
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At a Glance
The Slovenian parliament approved updated legislation to address several pending immigration process-related issues. The legislation takes effect May 26, and includes the following key changes:
- A requirement for foreign nationals seeking to sponsor family members to reside in Slovenia for two years;
- Proof of funds required for renewal, change of status or permanent residence permit applications;
- Language requirements for renewal applicants and family members; and
- Creation of new permit types for students, researchers and trainees.
The situation
The Slovenian parliament approved updated legislation to address several pending issues, including late implementation of the EU Students and Researchers Directive.
A closer look
Effective May 26, 2021, the following immigration law changes will take effect in Slovenia:
| CHANGE | DETAILS | IMPACT |
Stricter residence requirement to sponsor family under general permit |
|
This will make Slovenia a less attractive destination for foreign talent next to other European countries that do not have a residency requirement for sponsorship of family members. |
Stricter renewal requirements |
Foreign nationals applying for a permit renewal, change of status or a permanent residence permit will be required to demonstrate access to sufficient funds (based on the national minimum wage, indexed annually and depending on family size) as indicated in their initial permit application. |
Applicants will be required to monitor their financial records more closely. |
Stricter language requirements |
Foreign nationals applying for renewal of a family member permit will be required to demonstrate Slovenian language skills at A1 level under the Common European Framework of Reference for Languages, permanent residence permit applicants at A2 level. No such language requirement currently applies. |
Affected applicants will be required to complete language courses in time for renewal. |
Students and Researchers Directive implemented |
The Slovenian government will apply the principles of the EU Students and Researchers Directive, including new temporary residence permits for research and higher education, studies and volunteering, and a new single permit for traineeships. Eligibility requirements and permit characteristics (including mobility within the European Union) are in line with the Directive. |
Eligible students, researchers and trainees will benefit from tailored permit types where none currently exist. |
In-country permit pick-up |
Under the new rules, applicants who submitted fingerprints at a consular post and then legally travelled to Slovenia, e.g., for house-hunting or a business trip, will be able to collect their permit in country. Currently, these individuals must leave Slovenia to collect their permit at a consular post. |
In-country permit pickups will streamline the final stages of the application process for affected applicants. |
Background
The above measures highlight a policy of ensuring successful integration of foreign nationals and their accompanying family.
Segments of this new legislation have been on hold since early 2020. Most of the above changes align Slovenia more closely with neighboring countries, with the exemption of the delayed family sponsorship, which is rare in Europe.
Looking ahead
The new legislation does not yet implement the revised Posted Worker Directive, which is anticipated to be implemented via a separate law likely within the next few months.
This alert is for informational purposes only. If you have any questions, please contact the global immigration professional with whom you work at Fragomen or send an email to [email protected].
