Author
Eligible family members
Family members with whom the beneficiary of refugee status or subsidiary protection can be reunited are:[1]
- The spouse, registered partner or partner with whom the applicant for family reunification has been living in a long-term relationship;
- Minor unmarried children of the beneficiary:
- minor unmarried children of the spouse, registered partner or partner with whom the applicant has been living in a long-term relationship;
- Adult children and parents of the applicant or the spouse, registered partner or partner with whom the applicant has been living in a long-term relationship, if the applicant or the spouse, registered partner or partner with whom the applicant has been living in a long-term relationship is obliged to support them under the law of their country; and
- Parents of an unaccompanied child.[2]
In exceptional cases, the Migration directorate can also consider other relatives if special circumstances speak in favour of family reunification in the Republic of Slovenia. Such circumstances exist when there is a family community established between other relatives, which is essentially similar to and has the same function as a primary family, especially in terms of genuine family ties, physical care, security, protection, emotional support and financial dependence.[3] This provision was included in the law on the following a Constitutional Court decision from January 2015.[4] The provision is applied in practice and applicants are able to reunite with their parents, siblings and other family members if their claim is eligible. In one case, the applicant was able to reunite with their spouse, children and the applicant’s mother. In another case, a child was able to reunite with underage siblings.[5]
Conditions and procedure
Generally, there is no waiting period for a beneficiary of international protection to apply for family reunification after being granted international protection status. The only exception is made in the law for beneficiaries who have been granted subsidiary protection for one year – they obtain the right to family reunification after their status is extended. The new amendments to the Foreigners Act state that beneficiaries of international protection can start the family reunification process after the decision on their status becomes final.[6] In practice, this means that if an individual appeals the decision granting them subsidiary protection, they cannot start the family reunification procedure until the appeal procedure is finished and the decision on their own status has become final.
Individuals who are granted refugee status and subsidiary protection for a period longer than one year can apply for family reunification immediately after the decision granting them status becomes final.
There are no other differences regarding the criteria and conditions for family reunification between persons with refugee status and subsidiary protection.
Those enjoying either refugee status or subsidiary protection have to apply for family reunification within 90 days from the moment the decision on their status becomes final (or on the extension of subsidiary protection if it was granted for one year) in order to enjoy the more favourable conditions available to beneficiaries of international protection. In case the beneficiary does not apply within 90 days, the family member must meet the general conditions for family reunification that apply to all foreigners in Slovenia: possession of a valid passport, health insurance and sufficient financial means.[7]
In 2023, 99 applications for family reunification were submitted. 85 were submitted by persons with refugee status and 14 were submitted by a person with subsidiary protection. Beneficiaries with refugee status submitted 36 applications for nationals of Burundi, 29 for nationals of Syria, 9 for nationals of Afghanistan, 7 for nationals of Cuba, 2 for nationals of Türkiye, 1 for national of Ethiopia and 1 for national of Venezuela. Beneficiaries with subsidiary protection submitted 11 applications for nationals of Afghanistan, 1 for a national of Burundi, 1 for a national of Russia and 1 for a national of Syria.[8]
The Migration directorate made decisions on 65 applications for family reunification. 29 applications were granted, 22 applications were rejected, 1 was dismissed and 13 procedures were stopped.[9]
The authorities impose strict criteria regarding the required documents to establish identity and links with family members, which can be problematic for citizens of countries where the acquisition of such official documents is difficult or impossible. Applicants for family reunification notably have had difficulties obtaining original or notarised documents of family members in order to prove family ties. They also have had problems obtaining identification documents for family members, especially where the family members reside outside their country of origin.
Only official documents with a picture issued by the country of origin are accepted as proof of identity and family links. In case the applicant cannot submit an original identification document from the family member’s country of origin or original proof of links, the Migration directorate also accepts documents issued by international organisations (UNHCR, IOM, Red Cross) under the condition that the document has a picture. To prove family links, original birth certificates, marriage certificates issued by the state or, in some cases, the church, will suffice. If identity or family links cannot be established through original documents, the Migration directorate can ask an international organisation working in the field of migration (UNHCR, IOM, Red Cross) to establish the family members’ identity or family links.[10]
Before issuing the decision the Migration directorate can also conduct a personal interview with the beneficiary in order to gather additional information on family members, the submitted documents, reasons for the inability to provide original documents, family links, etc. Submitted documents regarding identity and family links are sent to the National Forensic Laboratory for verification of their authenticity. Before issuing the positive decision, a security check of family members is also performed by the Police.[11]
After a family reunification is approved, the Migration directorate issues a residence permit. If the family member is located in a country in which a Slovenian embassy is present they have to give fingerprints or other biometrical data in order to receive the residence permit. If there is no Slovenian embassy in the country the family member does not have to give fingerprints or other biometrical data in order for the residence permit to be issued. When the family members arrive in Slovenia, they have to give their biometrical data within 30 days, following which the Migration directorate issues new residence permits with the same validity as the permit of the beneficiary.[12] With the residence permit and a valid passport the family members can travel to and enter Slovenia.
In case the family member who has been granted family reunification with a beneficiary of international protection does not possess a valid passport, the Ministry of the Interior issues them a passport with a validity of 90 days, for the purpose of entry into the Republic of Slovenia. Again, if the family member is located in a country without a Slovenian embassy the passport can be issued without prior obtaining of biometrical data.[13] If family members are unable to travel to Slovenia within 90 days, the Migration directorate can issue new documents. The beneficiary has to pay for all documents issued by the Migration directorate. Therefore, applicants normally request the documents and start organising the travel when it is evident the family will be able to arrive within the 90-day time frame. Documents can only be given to family members by a Slovenian embassy or consulate. If there is no Slovenian embassy in the country where the family member is located, the documents can also be served to family members by an international organisation working in the field of migration (UNHCR, IOM, Red Cross.
Sending Slovenian documents (passports and residence permit) to countries without IOM, UNHCR and Slovenian representations presented difficulties in the cases of Syrian, Afghan and Palestinian nationals. When the documents cannot be served in the country where the family member is located, the latter have to travel to another country where it will be feasible to receive the documents. In some cases, family members have struggled to obtain exit and entry visas for that purpose.[14]
Financial assistance for arrival in Slovenia is not provided. Since the costs needed for arrival can be extremely high, beneficiaries normally seek NGOs (ADRA, Red Cross) to help them with fundraising campaigns. In addition to the costs of arrival, beneficiaries also have to bear the costs of the procedure. This includes costs related to obtaining the needed documentation, translation of the documents, cost of Slovenian documents issued by the Migration directorate, costs of serving the documents, etc. During the personal interview, interpretation is provided by the Migration directorate.[15]
Vulnerable family members often request the assistance of IOM when travelling to Slovenia. Covering the cost of the IOM assistance is the responsibility of the beneficiary.[16]
In 2023, the costs of the family reunification procedure, including travel, travel assistance and documents could be covered by the NGOs PIC and Peace Institute as part of a COMP4SEE[17] project, financed by AMIF.
[1] Articles 47.a(2) and 47.b(2) Foreigners Act.
[2] There has not been any change in practice witnessed since the CJEU ruling in Case C-550/16 A.S., Judgment of 12 April 2018, EDAL, available at: https://bit.ly/2ARhyI0.
[3] Articles 47.a(4) and 47.b(4) Foreigners Act.
[4] Constitutional Court, Decision U-I-309/13, 14 January 2015, available at: http://bit.ly/1VwZJ4G.
[5] Observation by the PIC.
[6] Article 47a(3) and 47b(3) Foreigners Act.
[7] Articles 47.a(7) and 47.b(6) Foreigners Act.
[8] Official statistics provided by the Migration directorate, March 2024.
[9] Official statistics provided by the Migration directorate, March 2024.
[10] Articles 47.a(3) and 47.b(3) Foreigners Act.
[11] Observation by the PIC.
[12] Observation by the PIC.
[13] Article 98(5) Foreigners Act.
[14] Observation by the PIC.
[15] Observation by the PIC.
[16] Ibid.
[17] More about the project available at: https://bit.ly/44b7aXS.