Slovenia’s Chapter in The Corporate Immigration Law Review; edition 13

I        INTRODUCTION TO THE IMMIGRATION FRAMEWORK

Generally, Slovenia allows migration of EU citizens as well as migration of citizens of third (non-EU) countries, with the latter being more burdensome for applicants in terms of conditions that have to be fulfilled to obtain a relevant permit. Slovenian immigration legislation also differentiates between short-term business visits, short-term provision of work in Slovenia and temporary or permanent relocations as a result of employment in Slovenia, with each having a different set of applicable rules. Generally speaking, rules on labour market tests and other eligibility criteria such as non-conviction for criminal offences are strictly observed for citizens of third countries. On the other hand, citizens of EU and European Economic Area (EEA) Member States and Switzerland have a free access to the Slovenian labour market, which makes their immigration process easier.

Slovenia is a signatory to EU treaties and acquis, a member of the EEA, signatory to the Schengen Agreement as well as a party to bilateral agreements with Bosnia and Herzegovina and Serbia on migrations for purposes of employment. Therefore, the Slovenian immigration landscape is vibrant and takes into consideration many different statuses. Therefore, applicants should be very diligent in reviewing what permit may be applicable for them and if all conditions to obtain such a permit are met.

For corporate immigration from third countries, the key type of permit is the ‘single permit’. The single permit, which is a joint residency and work permit, has many different subtypes. The question of which subtype is applicable and which holds the most benefits for a particular applicant depends on the specifics of each individual case.

At a glance, the following permits and authorisations are available for corporate immigrations (certain types of permits and authorisations are excluded as they are not applicable to corporate immigration):

• single permit for employment;
• single permit for self-employment;
• single permit for seconded workers;
• EU Blue card (subtype of the single permit);
• EU ICT permit (subtype of the single permit);
• single permit for daily migrant workers;
• work permit under the bilateral agreement with Bosnia and Herzegovina (a separate residency permit is required);
• work permit under the bilateral agreement with Serbia (a separate residency permit is required);
• posted worker notification from another EU Member State;
• short-term provision of work notification (visa may be required for entry);
• short-term legal representative work notification (visa may be required for entry);
• business visit (no permit or notification is required if conditions are fulfilled; however, a visa may be required for entry);
• different types of visas; and
• residency permits for family reunification.

i         Legislation and policy

The key piece of legislation in regard to corporate immigration to Slovenia is the Foreigners Act.^[1] The Foreigners Act sets out the basic rules regarding the entry, exit, residency and work of third-country nationals. More specifically, the Foreigners Act among others sets outs the rules on how foreigners can enter Slovenia and in which cases entry may be denied, on grounds for the entry, on types of visas, on types of residency and work permits, on family reunification and on the procedure and authorities responsible for certain procedural steps within the immigration process.

Certain conditions regarding the work of third-country nationals, as well as measures aimed at the protection of the Slovenian labour market, are set out in the Employment, Self-Employment and Work of Foreigners Act.^[2] The Employment, Self-Employment and Work of Foreigners Act is a supplementary act to the Foreigners Act, focusing mostly on the area of employment of foreigners. Among others, it sets the rules on free access to the labour market,^[3] on the labour market test,^[4] on the involvement of the Employment Service of Slovenia,^[5] on the consent to the work of a foreigner under different types of work permits, on short-term work of foreigners (third countries) and on quotas for work permits (currently no quotas are set).

Rules on temporary provision of natural and legal persons from another EU Member State are set out in the Transnational Provision of Services Act.^[6] This act serves as the key legislation implementing the EU rules on migration within the EU. It sets the rules under which Slovenian natural and legal persons may perform work in another EU Member State as well as the rules under which natural and legal persons from other EU Member States may perform work in Slovenia.

ii       The immigration authorities

Competences of immigration authorities are distributed between the administrative units, the Employment Service of Slovenia and to a limited extent to Slovenian embassies and consulates in foreign countries. The administrative units are the main point of contact, they handle the cases, gather required documents, communicate with the applicants or their representatives and in the end make the official decision if the relevant permit may be issued or not.

The role of the Employment Service of Slovenia is limited only to cases that involve any type of work or employment. In such cases, the Employment Service of Slovenia reviews if employment-related conditions are completed (for example, if appropriate contracts are concluded, if minimum employment standards are fulfilled, etc.), performs the employment market test, if applicable, and if all conditions are fulfilled, the Employment Service of Slovenia issues its consent to obtain a relevant permit. Even in cases when the involvement of the Employment Service of Slovenia is required, in most cases the applications are handled by the administrative units and the role of the Employment Service of Slovenia is a supporting one. The Employment Service of Slovenia has a special role in cases of EU posted worker notifications, short-term work notifications and special procedures for Bosnian and Serbian citizens, as in these types of procedures the Employment Service of Slovenia is the case handler and primary point of contract.

Slovenian embassies and consulates in foreign countries play an assisting role and are in certain cases authorised to accept on file the applications for permits, to assist with certain tasks in some immigration procedures (for example, with fingerprint collection) and to assist with the service of the permits once they are issued.

As Slovenia is a member of the Schengen Area, border control is limited to its border with Croatia and to international airports. Border authorities are responsible for reviewing whether conditions for entry into the country are fulfilled and to allow entry into Slovenia.

iii      Exemptions and favoured industries

As a result of Slovenia being a part of the EU, EU citizens have a favoured status when entering, residing and working in Slovenia.

Citizens of EU Member States (this also applies to citizens of EEA states and citizens of Switzerland) do not need a visa or a residency permit to enter Slovenia. They may enter for any reason and do not require any authorisations for residing up to three months. For a stay exceeding three months, citizens of EU Member States need to obtain a residence registration; however, the procedure is not too burdensome. Citizens of EU Member States also do not need any kind of work authorisation to assume work in Slovenia. Swiss citizens should obtain a residency permit in the case of a stay exceeding three months.

Beneficial status is also given to employees of third countries who are employed by EU-based companies. Such companies may also post their employees with regulated status in another EU Member State to Slovenia without having to obtain a work authorisation, if conditions for such posting are fulfilled; however, such employees are still required to arrange for residence grounds.

Under certain conditions, business visits of third country nationals may be exempted from obtaining work authorisations.^[7] Also, beneficial status may be obtained for certain cases of short-term provision of specific work of third-country nationals (applicable only in cases of supply of machinery and equipment, maintenance services or elimination of defects in supplied machinery or equipment) or in cases when third country nationals act as legal representatives of Slovenian companies for a limited period of time. In all such cases, provision of services should be registered in advance; however, obtaining a work permit is not necessary.

Lastly, beneficial status is granted under certain conditions to citizens of Bosnia and Herzegovina and Serbia under bilateral agreements concluded with Slovenia.

II       INTERNATIONAL TREATY OBLIGATIONS

As already mentioned, Slovenia is a member of the EU, the EEA, as well as the Schengen Agreement. Therefore, beneficial status is given to citizens of the EU and EEA. Under the Schengen Agreement, border checks with Austria, Italy and Hungary are abolished (certain border checks were reinstated to a limited extent in 2020 and 2021 as a result of the covid-19 pandemic and related entry requirements).

Because Slovenia is a member of the EU and the EEA, beneficial status is given to the citizens of EU and EEA Member States. To a certain extent this also applies to citizens of Switzerland. Benefits include entry to Slovenia without restrictions, without visa requirements and without having to state a specific reason for entry. Residing in Slovenia for a period of up to three months is without restrictions and without the requirement to obtain a permit. Also, those citizens have free access to the Slovenian labour market.^[8]

Slovenia has concluded bilateral agreements with Serbia^[9] and Bosnia and Herzegovina,^[10] which both facilitate easier access to work authorisations for citizens of Serbia and Bosnia and Herzegovina. Under both agreements, Slovenian employers may employ citizens of Serbia and Bosnia and Herzegovina. The most important condition is that there be a labour shortage for such work in Slovenia (no suitable candidates may be registered as unemployed with the Employment Service of Slovenia for such positions). Benefits under both agreements include longer initial work authorisation (authorisation for an initial period of three years), while employees employed under the mentioned agreements also receive free access to the Slovenian labour market after the first year and until the expiry of the permit and may thus change employers in this period. Employees who receive a work permit under bilateral agreements with Serbia and Bosnia and Herzegovina should also obtain a separate residency permit.

III     THE YEAR IN REVIEW

In 2021, Slovenian immigration legislation underwent a significant reform. In March 2022, the National Assembly of the Republic of Slovenia adopted an amendment to the Foreigners Act (ZTuj-2F)^[11] as well as an amendment to the Employment, Self-Employment and Labour of Foreigners Act (ZZSDT-C).^[12] Both amendments entered into force on 27 April 2021 and became applicable on 26 May 2021, save in the part of a new Slovenian language requirement for residence (as further described below), which is to come into effect on 27 April 2023.

The main changes relevant to corporate migration were implemented in the following fields:

• the right of entry and residence of third-country foreigners for the purpose of research, study, internship, volunteer work, study exchange;
• requirement of knowledge of the Slovenian language for residence;
• obtaining first permit for temporary residence in Slovenia;
• conditions for family reunification;
• evidence of sufficient means of subsistence; and
• residence rights and residence permits for citizens of the United Kingdom and their family members who legally resided in Slovenia on 31 December 2020 and continue to reside in Slovenia after this date, as well as issuance of a certificate on the rights of frontier workers.

i         Students and researchers

The amendments transposed the Directive 2016/801/EU (Students and Researchers Directive)^[13] into national law. New regulation was introduced on the conditions for entry and residence of third-country nationals for the purposes of research and higher education, study, study exchange, educational projects, internship and volunteer work, with the aim of simplifying the immigration formalities for such individuals, following the recast of regulation at EU level.^[14]

The implementation of the Directive 2016/801/EU, for example, introduced short and long-term transfers of researchers and their family members as well as accommodation of student mobility within the EU, following the example of regulation of intra-corporate transfers.^[15] The amendments also introduced new types of single permits and temporary residence permits:

a temporary residence permit for seeking employment and self-employment for researchers having completed research work in Slovenia and for students having completed studies at a higher education institution in Slovenia;^[16]

a temporary residence permit for carrying out voluntary work;^[17] and

a single permit for internships.^[18]

ii       Slovene language requirement

The amendments to the immigration legislation newly introduced an entry-level condition of Slovenian language proficiency for the extension of a temporary residence permit in case of family reunification (at A1 level according to the Common European Framework of Reference for Languages) and a basic-level condition of Slovenian language proficiency for the issuance of a permanent residence permit on the basis of five years of continuous lawful residence of a foreign national in Slovenia (at A2 level according to the Common European Framework of Reference for Languages). Fulfilment of this condition may be evidenced by a certificate of successful completion of the examination in the Slovenian language. The required test of Slovenian language proficiency is conducted before an expert commission appointed by the government of the Republic of Slovenia. The foreign national shall be deemed to have fulfilled the knowledge requirement of the Slovene language if they are admitted to officially recognised educational or study programmes in Slovenia conducted in the Slovene language or they have completed education at any level in Slovenia.^[19]

The provisions relating to the Slovene language requirement are not yet in force; they shall apply as of 27 April 2023.

iii      Obtaining first permit for temporary residence in Slovenia

Generally, foreign nationals are required to pick up the first permit they requested for their stay in Slovenia at the Slovenian consulate in their home country prior to entering Slovenia. However, an exception to this rule was available in certain circumstances. The legislation reform also redefined the option for foreign nationals to pick up their first permit in Slovenia from competent Slovenian authorities if they lawfully entered and stay in the country on lawful grounds. Prior to the reform, this option was limited to unexpected circumstances that had to be evidenced to Slovenian authorities, whereas the condition of unexpected circumstances has now been dismissed. Foreign nationals may now pick up the first permit in Slovenia only under the condition that they entered the country lawfully and stay in the country on lawful grounds, such as visa-free short-term stay or short-term visa, and provided they had already submitted their permit application along with their fingerprints at the Slovenian consulate in their home country prior to entering Slovenia.^[20]

iv       Family reunification

The reform tightened the general conditions for family reunification available to foreign nationals residing in Slovenia on the basis of a permit for temporary residence (single permit or other, with the exception of cross-border migrants and seasonal workers). Prior to the reform, foreign nationals with valid temporary residence permits were able to apply for a residence permit for their immediate family members after one year of lawful residence in Slovenia. With reform, this condition was set at two years, except in the case of holders of EU Blue Cards, intra-corporate transferees and foreigners on temporary residence permit for the purpose of research and higher education, for which the right to family reunification remains available immediately.^[21]

v        Sufficient means of subsistence

The reform further introduced changes to proving sufficient means of subsistence required for stay in Slovenia. Since the reform, any income a foreign national is entitled to under national law regulating family benefits or the exercise of rights to public funds cannot be used to prove sufficient means even in the case of permit renewal, obtaining a further temporary residence permit or obtaining a permanent residence permit, as was earlier the case only in the event of first residence permit. Additionally, work-related expenses, including lunch, travel to work and business trip expenses, have been excluded from counting towards sufficient means of subsistence in any kind of permit application.^[22]

vi       Residence rights for citizens of the United Kingdom

The reform also implemented the provisions of the Agreement on the withdrawal of the United Kingdom from the European Union^[23] in the part governing residence rights and residence permits for citizens of the United Kingdom and their family members who legally resided in Slovenia on 31 December 2020 and continue to reside in Slovenia after this date, as well as issuance of a certificate on the rights of frontier workers.

Pursuant to the Foreigners Act,^[24] in Slovenia, the UK nationals or their family members had to submit the application for residence permit with the competent Slovenian authority within one year from the end of the transitional period (i.e., 31 December 2021) or before the expiry of the validity of their residence registration certificate for the EU national, which had previously served as their legal basis for long-term stay in Slovenia. This means that, in principle, the deadline for submitting the application for a residence permit for UK nationals under Article 50 of the TEU^[25] and Article 18 of the Withdrawal Agreement (‘residence permit’) had expired on 31 December 2021. However, pursuant to provisions of the Withdrawal Agreement, the competent Slovenian authorities are not allowed to automatically reject an application for a residence permit submitted after the expiry of the deadline (‘late application’) and are required to assess all the circumstances and reasons for not respecting the deadline and to process also late applications if reasonable grounds for not respecting the deadline exist. There is currently no guidance on what is considered reasonable grounds available from the competent Slovenian authorities and there seems to be no established practice on the subject as of yet.

On the other hand, if the application for a residence permit was not submitted within the deadline and if there are no reasonable grounds for considering a late application, the provisions of the Foreigners Act applicable to third-country nationals and their family members apply to entry, residence and departure for UK nationals and their family members.

IV     EMPLOYER SPONSORSHIP

When assessing each specific case of a foreign worker coming to work in Slovenia, the first relevant aspect is, whether the sending entity is based in another EU Member State or in a third (i.e., non-EU or EEA) country. As already explained above, as a result of Slovenia’s membership in the EU, EU citizens can enter Slovenia without restrictions and without the requirement to obtain a permit,^[26] if the time of secondment does not exceed 12 (or in some cases 18) months.^[27] On the other hand, citizens of non-EU countries, as well as citizens of Serbia and Bosnia and Herzegovina, albeit under a less burdensome regime, have to obtain a permit to legally work and reside in Slovenia.

Furthermore, an important question that typically arises is to what extent can a foreigner be considered a business visitor, and therefore does not require a work authorisation? In this context, a business visitor should not execute any activities outside the scope of activities that constitute a business visit listed by law,^[28] to avoid penalties for not obtaining the necessary work permit.

In the following section, general requirements of a non-exhaustive list of work permits available in Slovenia are discussed in more detail.

i         Work permits

Single permit for employment

The single permit for employment^[29] enables a foreigner to work and temporary reside in Slovenia. It is issued for the duration of the employment agreement, but not longer than one year, with the possibility of a renewal for two years. This permit is used for foreigners who wish to reside in Slovenia for the purpose of employment at a Slovenian company.

There are several requirements that apply to the employer as well as requirements that apply to a foreigner seeking to obtain the permit. The applicant must provide a valid travel document, which is valid for at least three months beyond the intended stay in Slovenia, proof of adequate health insurance and sufficient means of subsistence or other guarantees that the means of subsistence will be provided on a monthly basis in an amount corresponding to at least the basic minimum income in Slovenia.^[30]

EU Blue Card

EU Blue Card^[31] is a temporary residence permit for the purpose of highly qualified employment. It is issued for a period of two years, unless the work contract covers a shorter period, in which case it is issued for its duration plus three months, but not more than two years. The EU Blue Card can be renewed for three years. Consequently, an EU Blue Card holder is in a far better position for acquiring a permanent residence permit, as such permit requires five years of continuous lawful residence in Slovenia.

The foreigner must hold at least a higher education degree and needs to present the authorities with an employment contract with a validity of at least one year, signed by the employer and that ensures a salary of at least 1.5 times the average annual gross wage in Slovenia.^[32]

EU ICT permit

The EU ICT permit^[33] is a temporary residence permit, which allows the foreign national to reside and work in Slovenia on a home employment contract. The permit is issued for the duration of one year and may be extended for up to three years for employees in managerial and leading positions and for up to one year for employees in training.

Only managers, experts with specialised knowledge for the host entity or persons in training may qualify for an ICT permit. They must have been employed by their employer for at least nine consecutive months prior to posting, or if they hold a higher degree, for at least six consecutive months by the home employer or by the company holding capital ties with the home company. In addition to evidence of compliance with other requirements, the applicant must submit evidence of affiliation between host and home entity.

Single permit for seconded workers

The single permit for seconded workers^[34] is intended for foreigners who have been seconded by their foreign (non-EU) employers to Slovenia for a limited period of time to provide cross-border services or to receive training from a company in Slovenia. The foreigner therefore remains employed by the foreign employer (sending entity).

Consent for the issuance of this permit is limited. The duration of providing the service must not exceed 90 days in a calendar year.

Procedure for all work permits

General steps of the procedure for the issuance of a permit are similar for all types of work permits; therefore, they are briefly described below.^[35]

The application for a permit may be submitted at a competent administrative unit or at the Slovenian embassy. For certain work permits, the administrative unit must obtain a consent from the Employment Services of Slovenia. After the filing of the application, the foreigner must submit their fingerprints at the competent embassy or administrative unit.

Once the Employment Services of Slovenia issues the consent^[36] and the submission of fingerprints is concluded, the administrative unit processes the application and grants the permit if all the conditions are fulfilled. The permit must be served to the foreigner in person, either at the competent embassy or at the administrative unit, the latter only if the foreigner is already legally residing in Slovenia and the application was submitted prior to entry in Slovenia.

Experiences have shown that the process of obtaining any type of permit may be lengthy. The gathering of documentation should begin several months before the filing of the application and the start of foreigner’s work. The processing of the application alone can take from 30 to 60 days. Appeals against decisions and measures issued in the first instance by administrative units are decided by the Ministry of the Interior, whereas appeals against decisions and measures issued in the first instance by diplomatic missions and consulates of Slovenia abroad are decided by the Ministry of Foreign Affairs. Generally, appeals do not suspend the execution of the decisions issued by the first instance authorities.

In the past two years, the covid-19 pandemic has only prolonged the procedures as a result of the heavy workload of the relevant authorities and difficulties for foreigners to obtain the supporting documentation needed for filing the application.

ii       Labour market regulation

As already mentioned above, in Slovenia there are currently no quotas on foreign workers in place. Nevertheless, the Slovenian government has the power to, given the projected labour market developments, determine a quota of consents to be granted with a view to limit the number of foreigners in the labour market.^[37]

At this time, the resident labour market is protected via a mechanism of labour market tests, i.e., prior labour market tests.^[38] The labour market tests are executed to determine if there are any other suitable candidates for employment registered as unemployed at the Employment Service of Slovenia, and are a prerequisite for issuing some of the work permits or consents by authorities.^[39] After the labour market test is initiated, the Employment Service of Slovenia issues a notice of whether there are any suitable unemployed persons registered. ^[40]

The employer should conduct a labour market test before the filing of an application for a permit. If suitable candidates are available, a foreigner in some cases^[41] cannot be employed, and the employer must look for candidates on the Slovenian labour market.

Supervision over the lawful exercise of employment of foreigners is exercised by the Labour Inspectorate of the Republic of Slovenia. It is important to emphasise that unlawful employment of foreigners can generate serious penalties for the employer, the responsible person of the employer as well as the foreigner. Therefore, both the employer and the employee have a common interest in avoiding non-compliance.

iii      Rights and duties of sponsored employees

During the validity of the granted permit, the foreigners have the right to work and reside in Slovenia. Foreign employees have the same rights and duties as Slovene employees under the Employment Relationships Act.^[42]

A permanent residence permit may be issued to a foreigner who has been lawfully residing in the Republic of Slovenia for five continuous years on the basis of either:

• a temporary residence permit;
• a certificate of an application for the extension or issue of a renewal of temporary residence permit; or
• a certificate of an application for the issue of a first temporary residence permit.

Among other conditions provided by the Foreigners Act, it should be emphasised that from 27 April 2023 onwards, one of the requirements to obtain a permanent residence permit is also to provide proof of fulfilment of the requirement of A2 level knowledge of the Slovenian language.

The five-year continuous lawful residence condition has to be fulfilled at the time of submission of the application for the permit. There are no eligibility requirements for an employer sponsoring a foreign national for permanent residence as the permanent residence is a personal status.

The condition of five years of continuous residence in Slovenia is also fulfilled if the foreigner has been absent from Slovenia during that period, provided that the absences have been shorter than six consecutive months and do not exceed 10 months in total. During the decision time on the application, however, the foreigner must still legally reside in Slovenia – either on the basis of a valid work or residence permit, or a certificate of application for the renewal or first issuance of work or residence permit in Slovenia.

V       INVESTORS, SKILLED MIGRANTS AND ENTREPRENEURS

In Slovenia, foreign nationals can establish a business entity on the same terms as Slovenian citizens, upon obtaining a Slovenian tax number, required for both shareholders and legal representatives (directors). A limited liability company can be established with a minimum €7,500 share capital. However, establishment of a company does not automatically accord a legal right to reside and work in Slovenia and there is no special residence permit available for investors establishing a company. Regular residence options have to be pursued to secure grounds for lawful stay in Slovenia. Foreign nationals can, for example, engage with the newly established company as their legal representative and obtain a subcategory of single work and residence permit available for directors, or onboard through regular employment with the entity and apply for a regular single permit. A newly established entity can act as a sponsoring entity under, inter alia,^[43] the condition that it is actively engaged in business, which means:

at least one person has been employed by the entity for at least six months prior to the date of the application and has been covered by compulsory social security schemes on a full-time basis;

the employer is registered as an individual (sole entrepreneur) and has been covered by compulsory social security schemes for at least six months prior to the date of application; or

in each of the last six months preceding the submission of the application, the employer has had an inflow of at least €10,000 from the business activity into a transaction account opened in the Republic of Slovenia.

In the case of companies that have been registered for less than six months, the above-mentioned condition shall also be deemed to have been fulfilled if the employer has invested at least €50,000 in the business activity in question prior to submitting the application.^[44] There is no limitation with regard to the type of business activity pursued.

Alternatively, investors and entrepreneurs can also apply for a single permit for self-employment, presuming they meet the prescribed conditions. The type of activity is not limited, but foreign nationals can only become self-employed after one year of continuous legal residence in Slovenia. The residence condition does not apply to those who are entered in the business register as a person who will be carrying out a professional (not business) activity as self-employed; for example, in the case of attorneys, notaries, private dentists, independent journalists, independent cultural workers and other regulated professional activities.

Notwithstanding the aforementioned, a practice has also developed with the competent Slovenian authorities whereby a sub-category of a temporary residence permit available for residence as a result of ‘other justified reasons’ is used to grant temporary residence permits to individuals who buy immovable property in Slovenia.^[45] Namely, competent authorities have been considering evidence of investment and title to immovable property in Slovenia as justifiable reasons for residence in Slovenia that warrant issuance of this particular type of residence permit. In such case, however, only the right to residence (without a corresponding right to work) can be obtained.

VI    OUTLOOK AND CONCLUSIONS

Considering the recent legislative developments, which brought about some important structural changes to the Slovenian immigration framework, it is expected that the focus in the forthcoming year will be placed on its implementation in practice across competent authorities. Additionally and as was expected, following the 2022 general elections the new government already started working on amendments to the latest legislative reform and it appears that we will be witnessing further regulatory changes limiting the constraints to migration introduced with the reform. Amendments to both the Foreigners Act as well as the Employment, Self-Employment and Work of Foreigners are currently being considered at the government level before being introduced to the legislative procedure where they are expected to be adopted under the urgent procedure.

Ultimately, lengthy processing times will continue to present the main challenge for an efficient and friendly immigration framework for corporate migration. These have become even longer since the start of the covid-19 pandemic, ranging from two to six or even seven months. It will therefore be essential that adequate technical, personnel and even regulatory support is accorded to the authorities if Slovenia is to stay an attractive destination for corporate migration. The expected amendments to the legislative framework currently underway also place central focus on this issue and are intended to facilitate removing of unnecessary administrative obstacles in the administrative proceedings, which will hopefully contribute to shortening of processing times in the future.

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^[1]         Foreigners Act (Official Gazette of the Republic of Slovenia, No. 91/21 as amended, ZTuj-2).

^[2]         Employment, Self-Employment and Work of Foreigners Act (Official Gazette of the Republic of Slovenia, No. 91/21 as amended, ZZSDT).

^[3]         ZZSDT, Article 6.

^[4]         ZZSDT, Article 9.

^[5]         ZZSDT, Article 12 and following.

^[6]         Transnational Provision of Services Act (Official Gazette of the Republic of Slovenia, Nos. 10/17 and 119/21 as amended, ZČmIS).

^[7]         ZZSDT, Article 5, Paragraph 2, Subparagraph 9.

^[8]         ZZSDT, Article 6, Paragraph 2.

^[9]        Act ratifying the Agreement between the Government of the Republic of Slovenia and the Government of the Republic of Serbia on the Employment of Citizens of the Republic of Serbia in the Republic of Slovenia and the Protocol on the Implementation of the Agreement between the Government of the Republic of Slovenia and the Republic of Serbia on the Employment of Citizens of the Republic of Serbia (Official Gazette of the Republic of Slovenia – International Treaties, No. 9/19).

^[10]        Act ratifying the Agreement amending the Agreement between the Government of the Republic of Slovenia and the Council of Ministers of Bosnia and Herzegovina on the Employment of Citizens of Bosnia and Herzegovina in the Republic of Slovenia and the Protocol amending the Protocol on the Implementation of the Agreement between the Government of the Republic of Slovenia and the Council of Ministers of Bosnia and Herzegovina on the Employment of Citizens of Bosnia and Herzegovina (Official Gazette of the Republic of Slovenia – International Treaties, No. 6/17).

^[11]        Act Amending the Foreigners Act (Official Gazette of the Republic of Slovenia, Nr. 57/21, ZTuj-2F).

^[12]        Act Amending the Employment, Self-Employment and Work of Foreigners Act (Official Gazette of the Republic of Slovenia, Nr. 57/21, ZZSDT-C).

^[13]        Directive (EU) 2016/801 of the European Parliament and of the Council of 11 May 2016 on the conditions of entry and residence of third-country nationals for the purposes of research, studies, training, voluntary service, pupil exchange schemes or educational projects and au pairing.

^[14]        Proposal of Act amending the Foreigners Act dated 3 December 2020; Proposal of Act amending the Employment, Self-Employment and Work of Foreigners Act dated 3 December 2020.

^[15]        ibid.

^[16]        ZTuj-2F, Articles 21 and 25.

^[17]        ZTuj-2F, Article 25.

^[18]        ZTuj-2F, Article 25.

^[19]        ZTuj-2F, Articles 29 and 35.

^[20]        ZTuj-2F, Article 16.

^[21]        ZTuj-2F, Article 29.

^[22]        ZTuj-2F, Article 15.

^[23]        Agreement on the withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union and the European Atomic Energy Community, Official Journal of the European Union L 29/7, 31 January 2020.

^[24]        ZTuj-2, Article 141.b (temporary residence permit) and Article 141.c (permanent residence permit).

^[25]        Consolidated versions of the Treaty on European Union (TEU) and the Treaty on the Functioning of the European Union (TFEU) 2012/C 326/01, Official Journal C 326, 26/10/2012 P. 0001 – 0390.

^[26]        ZTuj-2, Article 14, Paragraph 2.

^[27]        ZZSDT, Article 6 in connection with ZČmIS, Article 14.

^[28]        ZZSDT, Article 5, Paragraph 2, Subparagraph 9.

^[29]        ZTuj-2, Article 37.

^[30]        Basic gross minimum income in Slovenia in 2022 is €1,074.43. Government of the Republic of Slovenia, available at: https://www.gov.si/teme/minimalna-placa/ (accessed 16 March 2022).

^[31]        ZTuj-2, Article 39.

^[32]        In 2021, the average monthly gross wage was €1,969.59. Statistical Office of Republic of Slovenia, available at: https://www.stat.si/StatWeb/en/Field/Index/15/74 (accessed on 16 March 2022).

^[33]        ZTuj-2, Article 45.b.

^[34]        ZTuj-2, Article 45.

^[35]        ZTuj-2, Articles 33, 34, 35 and 37.a.

^[36]        ZZSDT, Article 12 and following.

^[37]        ZZSDT, Article 41.

^[38]        ZZSDT, Article 9.

^[39]        Employment Service of the Republic of Slovenia, available at: https://www.ess.gov.si/delodajalci/zaposlovanje_in_delo_tujcev/kontrola-trga-dela (accessed on 16 March 2022).

^[40]        ZZSDT, Article 9.

^[41]        Such cases are provided in ZZSDT, Article 9, Paragraph 1.

^[42]        Employment Relationships Act (Zakon o delovnih razmerjih, Official Gazette of the Republic of Slovenia, No. 21/13 as amended, hereinafter: ZDR-1).

^[43]        NB: further conditions apply pursuant to the Employment, Self-Employment and Work of Foreigners Act.

^[44]        ZZSDT, Articles 17 and 27.

^[45]        ZTuj-2, Article 51.