Criteria and conditions

Slovenia

Country Report: Criteria and conditions Last updated: 30/11/20

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Eligible family members

 

Family members with whom the beneficiary of refugee status or subsidiary protection status 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, 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 his or her country; and
  • Parents of an unaccompanied child.[2]

In exceptional cases, the determining authority can also consider other relatives if special circumstances speak in favour of family reunification in the Republic of Slovenia. Special 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 basis of a Constitutional Court decision from January 2015.[4]

 

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. On the other hand, persons with refugee status and subsidiary protection longer than one year can apply for family reunification immediately after being granted status. There is no other differences regarding the criteria and conditions for family reunification between persons with refugee status and subsidiary protection status.

Both persons enjoying refugee status and subsidiary protection have to apply for family reunification within 90 days since the recognition of their status (or extension of subsidiary protection status 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 in 90 days, the family member must meet the general conditions for family reunification: possession of a valid passport, health insurance and sufficient financial means.[5]

In 2018, 59 applications for family reunification were submitted out of which 50 were submitted by persons with refugee status and nine by persons with subsidiary protection. Decisions were taken regarding 27 applications for family reunification. Nine persons were granted permanent resident permits and nine applications for family reunification were rejected. Nine procedures were stopped.[6]

In 2019, 38 applications for family reunification were submitted. 31 were submitted by persons with refugee status and seven were submitted by persons with subsidiary protection. The Ministry for the Interior took 52 decisions on family reunification in 2019. 37 applications for family reunification were granted, out of which 29 were granted to persons with refugee status and eight to persons with subsidiary protection. Three applications were rejected, seven were dismissed and five procedures were stopped.[7]

The authorities impose strict criteria regarding required documents for establishing identity of and links with family members, which can be problematic for citizens of countries where the acquisition of the official documents is difficult or impossible.

 


[1] Articles 47.a(2) and 47.b(2) Aliens 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) Aliens Act.

[4] Constitutional Court, Decision U-I-309/13, 14 January 2015, available at: http://bit.ly/1VwZJ4G.

[5]  Articles 47.a(7) and 47.b(6) Aliens Act.

[6]  Information provided by the Migration Office, February 2019.

[7] Official statistics provided by the Migration Office, February 2020.

 

Table of contents

  • Statistics
  • Overview of the legal framework
  • Overview of the main changes since the first report
  • Asylum Procedure
  • Reception Conditions
  • Detention of Asylum Seekers
  • Content of International Protection
  • ANNEX I – Transposition of the CEAS in national legislation