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Ketler & Partners: Advice to Ukrainians in Slovenia

Ketler & Partners: Advice to Ukrainians in Slovenia

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This review was prepared for Ukrainian refugees by the law firm Ketler & Partners, a member of Karanovic, upon request and in coordination with the international legal network Multilaw and Ukrainian law firm Arzinger. The review is as of March 11, 2022. The review is not a legal advice and is for informational purposes only. For updates, please follow www.multilaw.com and/or www.arzinger.ua

1. Temporary protection

1.1. Please note that the procedure was simplified by the activation of the EU temporary protection Directive 2001/55, which was implemented into Slovenian legal order by Temporary Protection of Displaced Persons Act. The Council of the European Union has already adopted a Decision on establishing the existence of a mass influx of displaced persons from Ukraine within the meaning of Article 5 of Directive 2001/55/EC, and having the effect of introducing temporary protection. The Government of the Republic of Slovenia adopted a decision on the introduction of temporary protection to pursue protection under this simplified regime.

1.2. The Temporary Protection of Displaced Persons Act will be used from 11 March 2022. Temporary protection is applicable to persons displaced from Ukraine on or after 24 February 2022 for military invasion by the Russian armed forces launched on that date. The following categories of persons are eligible for temporary protection if they resided in Ukraine before 24 February 2022, on or before that date:

- citizens of Ukraine;

- stateless persons and third-country nationals, who are not citizens of Ukraine and who have been granted international protection or other equivalent national protection in Ukraine;

- family members of aforementioned persons, i.e.:

o a spouse or a person who, lived with the person who has obtained temporary protection for at least one year prior to his/her arrival in the Republic of Slovenia, which has equivalent legal consequences to a marriage;

o children of a person who has obtained temporary protection, as long as the person is obliged to support them;

o stepchildren, where they support a stepfather or stepmother, and stepfather or stepmother, where he or she supports stepchildren;

o grandchildren and nephews of the person who has obtained temporary protection, in so far as that person is supporting grandchildren or nephews who are without parents;

o other close relatives of the person granted temporary protection, if they lived together as part of the family before coming to the Republic of Slovenia and were supported by the person granted temporary protection;

- stateless persons and third-country nationals who are not citizens of Ukraine and who have resided in Ukraine on the basis of a valid permanent residence permit and cannot return to their country or region of origin in a safe and sustainable manner.

1.3. Temporary protection is granted by the date of entry into force of the Government’s decision (i.e. 11 March 2022) and shall last for one year (i.e. until 11 March 2023). Temporary protection may be renewed up to two times for a maximum of six months each time.

1.4. Upon entering the Republic of Slovenia, the applicant must fill in an application for temporary protection with the authority responsible for controlling the crossing of the state border (i.e. Police) and submit all the evidence that is relevant for the decision on granting temporary protection. Police forwards such application to the competent organizational unit of the administrative unit (“Competent authority”) in which the applicant will be accommodated. A person who illegally enters Slovenia during the period of temporary protection and, until the number of persons determined in the decision of the Government of the Republic of Slovenia is reached, may apply for temporary protection if he/she does so within three days after entering Slovenia.

1.5. The Government Office responsible for the care of migrants (“Office”) organizes the transport of the applicant to the nearest reception center, where his/her identity is determined, the information necessary for granting temporary protection is collected, and the applicant undergoes a medical examination. The applicant may be accommodated in a reception center until a final decision on his/her application is taken. An application for temporary protection is reviewed and decided by the Competent authority.

1.6. Individuals with granted temporary protection can apply for asylum during or after their temporary protection ends. An application for asylum which has not been resolved before the expiry of temporary protection shall be resolved after the expiry of that protection. Pending a final decision on the asylum application, the provisions governing asylum shall apply to such a person. A person whose application for asylum has been rejected with final effect may reapply for temporary protection.

1.7. For the duration of their temporary protection, individuals have the right to:

- temporary residence in the Republic of Slovenia;

- accommodation and food in accommodation centres or financial assistance for private accommodation;

- health care;

- work;

- education;

- financial assistance;

- pocket money;

- family reunification;

- free legal aid;

- information on rights and obligations;

- assistance in exercising rights.

1.8. People with temporary protection must:

- respect the constitutional order, laws, regulations and other general legal acts of the Republic of Slovenia, and the measures taken by the state authorities;

- register their residence and any change of residence with the competent authority within three days of the change;

- inform the Office of their employment, assets, income and benefits.

2. Entering the country

2.1. Is any mandatory quarantine applied for UA citizens? If yes, please provide details (duration, where to stay, who pays for the stay, any exceptions)?

As of 19 February 2022, restrictions due to Covid-19 no longer apply when entering Slovenia. This means that the RVT (recovered/vaccinated/tested) condition no longer has to be met at the border and travellers will no longer be ordered to quarantine at home.

Please note that according to the EU Council Recommendation on travel to the EU during the pandemic, all requirements prior to arrival to the European Union should be waived for people fleeing war zones.

2.2. Is any visa required for UA citizen to enter the country? If yes, how UA citizen may obtain it under the circumstances?

Citizens of Ukraine do not need a visa to enter Slovenia if they travel with a biometric passport and can stay there for 90 days in the last period of 180 days. Holders of diplomatic passports are exempted from short-stay visa regime in any case.

Web visa application form

2.3. Is entry without passport allowed?

If a citizen of Ukraine enters Slovenia without the required documents, he/she commits a misdemeanour under the Foreigners Act. However, given the war and the current situation on the Ukrainian territory, the police will take into account those individual circumstances and only issue a warning and will therefore not fine the person.

If a Ukrainian citizen does not have the required documents to cross the border but can stay with relatives, he/she must report to the nearest police station with the relative he/she will be staying with. At the police station, he/she can indicate his/her intention to apply for international protection. His/her intention will be forwarded to the International Protection Procedures Division of the Ministry of the Interior, and the person will be allowed to stay with his/her relatives.

2.4. Shall UA citizen apply for any special status (refugee etc.) right after entering the country, or this can be done later? If yes, what is the further deadline to apply for special status?

The application for any special status can be done later (especially if a person travels with a biometric passport and can therefore stay in Slovenia for 90 days in the last period of 180 days), but we suggest the application to be done as soon as possible, in order to be granted the rights arising from the status of an applicant.

3. Stay in the country

3.1. For how long UA citizen may stay in the country if entered based on visa-free regime without any additional formalities?

If a UA citizen travels with a biometric passport he/she can stay in Slovenia for 90 days in the last period of 180 days without any additional formalities regarding visa. Please note that a person must register the residence within three days of crossing the border (if a person is staying in a hotel or other accommodation, the host will take care of such registration).

3.2. Are temporary residency permits available for UA citizens?

Temporary residency permits are available when an individual (UA citizen) presents a clear and demonstrable purpose of residence in Slovenia. Clear and demonstrable purpose is one of the following:

- employment or work;

- self-employment;

- seasonal work;

- cross-border worker;

- posting;

- transfer within a company;

- EU blue card;

- studies;

- work in research and higher education;

- family reunification;

- family reunification with persons granted international protection in Slovenia;

- interest of the country;

- long-term resident in another EU country; or

- a foreigner of Slovenian descent.

If the conditions for temporary residence permit are met, the permit will be issued for the period necessary to fulfil the purpose of the stay, up to a maximum of one year. Conditions for temporary residence permit are the following:

- adequate photography;

- provable purpose of residence;

- a valid travel document;

- adequate health insurance;

- sufficient means of subsistence;

- verified security concerns;

- certified and translated evidence; and

- fingerprint capture.

Temporary residence permit may be renewed under the same conditions as those under which it was issued.

3.3. Are permanent residency permits available for UA citizens?

An individual (UA citizen) can apply for permanent residency permit at the administrative unit where they reside, after a certain period of continuous and lawful residence in Slovenia (usually five years of legal residence). A permanent residence permit is issued without any restrictions on the duration and purpose of residence in Slovenia.

Terms for permanent residency permit are the following:

- five years of continuous legal residence in Slovenia on the basis of a temporary residence permit;

- a valid travel document (validity period is not relevant);

- sufficient means (regular sufficient income);

- verified security concerns (clarification at security concerns);

- during the decision-making, the foreigner must be resident in Slovenia.

The following individuals may apply for permanent residency permit before legally residing in Slovenia for five years:

- an individual whose residence is in the interest of the country, while the competent ministry or another state authority must provide its opinion on this;

- a person of a Slovenian descent;

- a family member of a person who has a permanent residence permit or refugee status in Slovenia – in such event, you may apply for a permanent residence permit after two years of continuous legal residence on the basis of a temporary residence permit.

More information on permanent residency permit is available here and here.

3.4. Is refugee status available for UA citizens?

Refugee status is available for UA citizens. An individual can obtain the refugee status if he/she has a well-founded fear of persecution for the following grounds:

- race or ethnic affiliation;

- religion;

- nationality;

- political opinion or belief; or

- membership of a particular social group in the country of origin.

Refugee status may be obtained by a third-country national who, owing to well-founded fear referred to in the previous paragraph, is located outside the country of his or her nationality and is unable or is unwilling to avail himself or herself of the protection of that country, or a stateless person who is outside the country of his or her habitual residence and is unable or is unwilling to return to that country, provided that there is no exclusionary grounds.

Exclusionary grounds are:

- a person already enjoys the assistance or protection of United Nations bodies and agencies, other than the High Commissioner;

- there are reasonable grounds to suspect that he or she has committed a crime against peace, a war crime or a crime against humanity as defined by international standards;

- there are reasonable grounds for suspecting that, prior to entering the Republic of Slovenia, a person has committed a serious crime of a non-political nature in another country, even if committed for allegedly political purposes;

- there are reasonable grounds for suspecting that a person has committed acts contrary to the purposes and principles of the United Nations as set out in the Preamble and in Articles 1 and 2 of the Charter of the United Nations;

- there are reasonable grounds for considering a person is dangerous to the safety or territorial integrity of the Republic of Slovenia, as manifested in particular by a threat to sovereignty, to the performance of international obligations and to the protection of the constitutional order; or

- a person poses a threat to the Republic of Slovenia following a final conviction for a serious criminal offence.

3.5. Is there any other status except tourism, temporary/permanent residency permit, refugee available for UA citizens? If yes, please briefly describe the options.

There is also subsidiary protection status. You may be granted subsidiary protection if you do not meet the refugee status requirements, yet the return to your country of origin could cause you serious harm, including:

- death penalty or execution;

- torture, inhuman or degrading treatment in your country of origin; or

- serious and individual threat to a civilian’s life or person by reason of indiscriminate violence in situations of international or internal armed conflict.

For subsidiary protection there must be no exclusionary grounds, which include:

- a person has committed a crime against peace, a war crime or a crime against humanity, as defined in international treaties or regulations defining such crimes;

- a person has committed a serious crime;

- a person has committed acts contrary to the purposes and principles of the United Nations as set out in the Preamble and in Articles 1 and 2 of the Charter of the United Nations;

- a person constitutes a danger to the community or to the security of the Republic of Slovenia.

As of 11 March 2022, a person may also be granted temporary protection pursuant to Temporary Protection of Displaced Persons Act. Please refer to point 1. for more information.

4. If UA citizen entered the country based on no visa regime, or based on tourist visa

4.1. What is the maximum allowed duration of stay in the country?

Citizens of Ukraine do not need a visa to enter Slovenia if they travel with a biometric passport and can stay there for 90 days in the last period of 180 days.

4.2. Are any formal procedures (registration etc.) required for the stay?

A person must register the residence within three days of crossing the border (if a person is staying in a hotel or other accommodation, the host will take care of such registration).

4.3. Is employment allowed?

Employment is not allowed based on tourist visa.

4.4. Is healthcare covered by the hosting state?

Citizens of Ukraine have the right to emergency healthcare, which includes:

- emergency medical assistance and emergency ambulance transport;

- women's healthcare: contraceptives, terminations of pregnancy, medical care during pregnancy and at birth; and

- emergency treatment and urgent medical and dental services in accordance with the Patients’ Rights Act following the decision of the doctor, which includes the following:

o maintaining vital functions, stopping major bleeding or prevention of haemorrhage;

o prevention of any sudden deterioration in health that could result in permanent impairment of individual organs or vital functions;

o treatment of shock;

o services related to chronic illnesses and conditions, the termination of which would immediately and in a short period cause disability other permanent health impairment or death;

o treatment of fever conditions and preventing the spread of infection that could lead to septic condition;

o treatment or prevention of poisoning;

o treatment of bone fractures or sprains and other injuries where the intervention of a doctor is necessary;

o medication presented in the positive drug list prescribed for the treatment of these diseases.

For now, the health facility that provided the emergency healthcare service invoices the Ministry of Health for the service provided. Please note that regulation regarding execution in practicemay change.

4.5. What are main taxes, which shall be paid by UA citizen during the stay?

No taxes should be required to be paid in Slovenia to the extent that the UA citizen’s stay in Slovenia is of a short-term nature. Long-term stay in Slovenia may trigger a risk that a UA citizen becomes a tax resident in Slovenia. UA citizen can be deemed as a tax resident in Slovenia if either of the below conditions are met:

- his/her stay in Slovenia exceeds 183 days,

- he/she registers its permanent address in Slovenia, or

- Slovenia could be considered as the country of his/her vital interest.

* In this regard, it should be noted that the mere temporary address in Slovenia alone should not trigger a Slovenian residency.

If a UA citizen becomes a Slovene tax resident, he/she should obtain a tax number in Slovenia and would be taxed in Slovenia on its worldwide income. For income received from outside of Slovenia, tax reporting should be in such case done by the UA citizen solely, if income is received from a Slovene company, reporting should be done by the paying company.

Residency status in Slovenia should be assessed on case-by-case basis, thus we would recommend you to seek additional advice and guidance in case any person contemplates a more long-term stay in Slovenia or even if the person is forced to a longer stay due to force majeure circumstances. Given the circumstances, it may be expected from the tax authorities to take a softer approach in these cases and allow an exemption. It should be, however, to soon to make any predictions.

If the UA citizen contemplates to register a motor vehicle in Slovenia, it may be liable to pay (prior to registration) a motor vehicle tax, based on the type of the registered motor vehicle and in some cases also import VAT and customs duties. The registration of the motor vehicle is possible once the UA citizen obtains at least a temporary residence certificate in Slovenia and a type-approval certificate for the vehicle in Slovenia.

4.6. What is the tax regime and relevant formalities if UA citizen works remotely for businesses in other countries and gets payments from there?

To the extent that such UA citizen is not deemed as a Slovene tax resident (please see the conditions under 3.5.), there should be no payment and reporting formalities related to taxes of the UA citizen in Slovenia.

Formalities may apply if the UA citizen works for Slovene business.

4.7. Is it possible to open and use banking account?

Generally, it is possible to open and use banking account. Different banks have different requirements for opening an account. NLB requires a person to first obtain a Slovenian tax number, whereas NKBM requires a reason for opening an account (e.g. employment, receiving financial social benefits) and an address in Slovenia.

Please note that this information may vary between different bank offices, as some do not accept clients from Ukraine due to current situation.

4.8. What is the upper limit of cash which can be put on a banking account without confirmation of the cash source?

Generally, there is no upper limit. Please note that pursuant to Prevention of Money Laundering and Terrorist Financing Act, the bank must carry out a customer review for each transaction with a value of EUR 15,000 or more, whether carried out individually or by several transactions which are clearly linked to each other. In event of such customer review, a person must be able to provide evidence of cash source (e.g. a cash withdrawal certificate from a bank abroad).

Please note that information may vary between different bank offices.

4.9. Is UA driving license accepted? If yes, for how long?

UA driving license is accepted, so generally, there is no time limit. Limitations only apply for the duration of driving license.

4.10. What and when is required to use a car brought from Ukraine (insurance, certification etc.)?

A document providing that the driver is entitled to drive the car (if he/she does not own the vehicle), vehicle registration document (licence), green card (an international certificate of motor third-party liability insurance, providing cover to the extent provided for by the relevant law on compulsory motor third-party liability insurance in Slovenia) and if driving on the highway, it is necessary to buy e-vignette.

4.11. What is required to sell a car brought from Ukraine in your country?

A car brought from Ukraine may be sold in Slovenia and the vehicle must then be registered in Slovenia. To sell a vehicle, you need to conclude an agreement, have a foreign vehicle registration document (licence), a foreign type-approval and a vehicle must also be type-approved in Slovenia.

Such sale is subject to motor vehicle tax.

Vehicle from Ukraine may also get registered in Slovenia before it is sold. For registering the vehicle, a person must have permanent or temporary residence in Slovenia and provide all other relevant documentation. More information on registering the vehicle in Slovenia is available here and here.

4.12. Are there any special regulations applied to kids under 5yo? At what terms kindergartens are available?

No special regulations. If you reside in Slovenia based on tourist visa, your child cannot be enrolled into a kindergarten.

4.13. Are there any special regulations applied to kids 6 to 18yo? At what terms schools are available?

No special regulations. If you reside in Slovenia based on tourist visa, your child cannot be enrolled into school.

4.14. Are there any special regulations applied to juniors 19 to 22yo? At what terms universities are available?

No special regulations. If you reside in Slovenia based on tourist visa, you cannot be enrolled into university.

4.15. Are there any special regulations applied to elderly people at 60+ age?

No special regulations.

4.16. Are there any special regulations applied to disabled persons?

No special regulations.

4.17. Is there any state program available suggesting accommodation, language courses, local integration? If yes, please briefly describe.

No state program for tourist visa stay.

4.18. Is there any state program suggesting support cash payments to UA citizens? If yes, please give rough numbers.

No such program for tourist visa stay.

4.19. Any other important information.

5. If UA citizen entered the country aiming to get temporary residency permit

5.1. When and where UA citizen shall apply to obtain a temporary residency permit? Please briefly describe main steps required and respective timelines.

First temporary residence permit in the Republic of Slovenia must generally be obtained before entry into the country. It must be submitted at any diplomatic mission or consulate of the Republic of Slovenia abroad.

In Slovenia, you can apply for the first residence permit:

- if you already reside here on the basis of a long-stay visa (not applicable for application for first single permit, see exemptions bellow);

- if you already legally reside here, have the purpose of studying in Slovenia and submit proof of enrolment in studies;

- if you already legally reside here, you are a researcher, a higher education teacher or higher education co-worker (eg. assistant) and you have a hosting agreement with a research organization or a higher education institution in Slovenia;

- if you have a valid intra-corporate transferee single permit issued in another EU country and you will be transferred within the company to Slovenia for over 90 days (submit your application within 30 days of entering Slovenia);

- if you have long-term resident status in another EU country and you want to reside in Slovenia for employment, work, self-employment, seasonal work or as a daily migrant worker (submit your application within 90 days of entering Slovenia);

- if you are the holder of an EU Blue Card issued in another EU country and have resided there for the last 18 months (submit your application within 30 days of entering Slovenia);

- if you already legally reside in Slovenia and wish to be employed or work, you may apply for first single permit only in case if you are:

o coach, professional sportsperson or registered person working at the sports field and with a valid agreement of working for a club or organisation in Slovenia;

o a person who intends to work in Slovenia as a priest or convict in the context of activities of the religious community or a person who intends to organise caritative or humanitarian activity and supports its application with an evidence;

o correspondent or reporter of the foreign media with accreditation in Slovenia;

o a person that states the economic interest for Slovenia based on opinion of the competent authority;

o a person that states interest of Slovenia on the field of education, science or culture, based on the opinion of the competent authority.

An application must be submitted to the competent administrative unit (i.e. where an individual intends to or already resides, where the employer is established or where he/she will be or is already working) Once you file an application, the administrative unit will issue a certificate, which applies as a temporary residence permit.

An application is filed by an individual for themselves or by an authorized person. For minors, an application is submitted by their legal representatives. If the purpose of the stay in Slovenia is employment, work, transfer (including the EU Blue Card), an application may also be submitted by employer. If the purpose of the stay in Slovenia is to work in research or higher education, an application may be submitted by a research institution or a higher education institution.

Please note that a person whose international protection status (i.e. refugee status) has been terminated may, within eight days of the termination of international protection status, apply to the competent authority in the Republic of Slovenia for a temporary residence permit.

A person with granted subsidiary protection status who has not submitted an application for the extension of subsidiary protection or an application for the reopening of the procedure may, within 30 days before the expiry of subsidiary protection, apply to the competent authority in the Republic of Slovenia for the issue of a temporary residence permit.

Detailed information regarding temporary residency permit is available here. Please also see point 2.2. above.

5.2. Assuming the temporary residency permit is granted:

5.2.1. What is the maximum allowed duration of stay in the country?

Maximum allowed duration is for the time of validity of residence permit. A temporary residence permit is issued for the period required to fulfil the purpose of the stay, but for no longer than one year. A residence permit may also be extended, whereas an application to extend a permit must be submitted prior to the expiry of the permit, and under the same conditions as it is issued.

An individual who holds a temporary residence permit and does not require a visa to enter the Republic of Slovenia may reside in the Republic of Slovenia for a maximum of 90 days after the expiry of the residence permit, unless he/she is obliged to leave the Republic of Slovenia on the basis of a decision of the competent authority.

5.2.2. Are any formal procedures (registration etc.) required for the stay?

A person must register the residence within three days of crossing the border (if a person is staying in a hotel or other accommodation, the host will take care of such registration).

5.2.3. Is employment allowed?

Temporary residence permit means a permit to enter and stay in Slovenia for a fixed period of time and for a fixed purpose, so employment is not allowed based solely on temporary residency permit. For employment, a single permit which allows third-country nationals to enter, stay and work in Slovenia must be obtained.

For individuals residing in Slovenia on the basis of a temporary residence permit for the following purposes: family reunification with a Slovenian citizen, person of Slovenian origin, victim of human trafficking or victim of illegal employment can obtain single permit in a simplified procedure.

5.2.4. Is healthcare covered by the hosting state? Is it covered for kids and other dependent relatives?

Citizens of Ukraine have the right to emergency healthcare. Please refer to point 4.4. regarding healthcare for citizens of Ukraine.

Generally, compulsory health insurance in Slovenia covers insurance for insured persons and members of their families insured through them. Insured persons are persons engaged in a employment relationship in Slovenia, persons carrying out an independent economic or professional activity in the territory of the Republic of Slovenia, farmers, members of their households and other persons engaged in agricultural activity in the Republic of Slovenia, top athletes and top chess players - members of physical culture and chess organisations in the Republic of Slovenia etc. As family members are insured immediate family members (spouse, partner, and divorced spouse, and partner who has been awarded maintenance by a court decision, children) and extended family members (stepchild, grandchild, brother, sister and other children without parents, parent).

Children under 18 years of age who are attending school and are not insured as family members are included in compulsory health insurance. A person who is allowed to stay in Slovenia has the right to emergency health care. A minor who is allowed to stay in Slovenia is entitled to healthcare to the same extent as a child who is compulsorily insured as a member of the family. A child attending school after the age of 18 is also entitled to the same level of health care until the end of his/her schooling, but no later than until the age of 26.

5.2.5. What are main taxes, which shall be paid by UA citizen during the stay?

Same conditions apply as explained in 3.5 and 3.6. Upon entering Slovenia, either based on tourist visa regime or temporary residency permit, UA citizens are considered as Slovene tax non-residents and thus have no tax obligations. They can, however, become tax residents if (once) the conditions explained under question 3.5 are met.

5.2.6. What is the tax regime and relevant formalities if UA citizen works remotely for businesses in other countries and gets payments from there?

The same applies as explained under question 3.5 and 3.6.

5.2.7. Is it possible to open and use banking account?

The same applies as explained under question 4.7.

5.2.8. What is the upper limit of cash which can be put on a banking account without confirmation of the cash source?

The same applies as explained under question 4.8.

5.2.9. Is UA driving license accepted? If yes, for how long?

The same applies as explained under question 4.9.

5.2.10. What and when is required to use a car brought from Ukraine (insurance, certification etc.)?

The same applies as explained under question 4.10.

5.2.11. What is required to sell a car brought from Ukraine in your country?

The same applies as explained under question 4.11.

5.2.12. Are there any special regulations applied to kids under 5yo whose parent obtained the temporary residency permit? At what terms kindergartens are available?

Generally, a person who has been residing in the Republic of Slovenia for the last two years on the basis of a temporary residence permit and who has been issued a temporary residence permit with a validity of at least one year has the right to reunite, maintain and regain the integrity of his/her family with his/her family members. To be granted this right, an application must be submitted.

The child of a foreigner born in Slovenia who does not acquire Slovenian citizenship does not need a residence permit for the first three months after birth. Within three months of the child's birth at the latest, a residence permit is issued ex officio, which is valid or renewed ex officio for as long as the child's mother, father or guardian holds or renews the permit, until the child reaches the age of 18.

Generally, parents have the right to choose between public and private kindergartens and between different educational programmes. This means they can choose any kindergarten in any municipality and are not bound to their place of residence. When enrolling a child in a kindergarten, parents must disclose a doctors’ certificate regarding the child's health. Enrolment in kindergartens takes place throughout the year, and a kindergarten can admit a child once the child has reached the age of at least 11 months. Applications for kindergarten are only open once a year. There may be more applications than there are places available, in which case a special committee decides on admission. The rules are same for all children, regardless of citizenship and/or refugee or any other status. For enrolling a child into kindergarten, a child and parents must have Slovenian personal identification number (EMŠO) and pay the full price for kindergarten.

Please note that the Ministry of Education, Science and Sport is currently conducting activities related to the preparation of protocols and the establishment of procedures regarding kindergartens for migrants from UA, so the terms may change in the future.

5.2.13. Are there any special regulations applied to kids 6 to 18yo whose parent obtained the temporary residency permit? At what terms schools are available?

As mentioned in the 4.2.12., within three months of the child's birth at the latest, a residence permit is issued ex officio, which is valid or renewed ex officio for as long as the child's mother or the child's father or guardian holds or renews the permit, until the child reaches the age of 18.

Children who are foreign citizens or stateless persons residing in the Republic of Slovenia have the right to compulsory primary education (primary school) under the same conditions as citizens of the Republic of Slovenia. Primary school lasts for nine years.

In the event of the enrolment of school-age children with foreign educational documents in primary school in Slovenia, the primary school determines which grade the child will be enrolled in on the basis of the provided documents. In doing so, the school takes into account the evidence of previous education and the age of the child. The school may also take into account the child's knowledge of the Slovenian language. Parents must enrol their children in the first year of primary school if they will be 6 years old in the calendar year in which they start school.

5.2.14. Foreign citizens may pursue high school under the same conditions as citizens of the Republic of Slovenia if they pursue their education on the basis of the principle of reciprocity or if, at the time of enrolment, they or at least one of their parents or guardians is a resident of the Republic of Slovenia in accordance with the Personal Income Tax Act (e.g. is officially registered as resident in Slovenia; was a resident of Slovenia in any period of the previous or current year and is staying outside Slovenia for employment purposes, has his/her habitual residence or the centre of his/her personal and economic interests in Slovenia or is present in Slovenia for a total of more than 183 days etc.).

More information regarding schools is available here.

5.2.15. Are there any special regulations applied to juniors 19 to 22yo whose parent obtained the temporary residency permit? At what terms universities are available?

No special regulations.

Subject to the principle of reciprocity, foreign citizens may study at higher education institutions (universities) in Slovenia under the same conditions as citizens of the Republic of Slovenia.

5.2.16. Are there any special regulations applied to elderly people at 60+ age?

No special regulations.

5.2.17. Are there any special regulations applied to disabled persons?

No special regulations.

5.2.18. Is there any state program available suggesting accommodation, language courses, local integration? If yes, please briefly describe.

Free Slovenian language courses are available if:

- a person is residing in the EU on the basis of a permanent residence permit and your family members, if they have a residence permit issued in the EU for the purpose of family reunification;

- a person has been granted a temporary residence permit for a continuous period of at least 24 months, and the family members if they are staying for the purpose of family reunification;

- a person is a family member of a Slovenian or EEA national and is residing in Slovenia on the basis of a residence permit for a family member,

- a person is residing in Slovenia on the basis of a temporary residence permit, valid for at least one year.

More information on free Slovenian language courses is available here.

5.2.19. Is there any state program suggesting support cash payments to UA citizens? If yes, please give rough numbers.

There is no special state program that supports cash payments to UA citizens.

5.2.20. Are there any restrictions to leave the country?

There are no restrictions.

5.2.21. Any other important information.

6. If UA citizen entered the country aiming to get permanent residency permit

6.1. When and where UA citizen shall apply to obtain a permanent residency permit? Please briefly describe main steps required and respective timelines.

An individual (UA citizen) can apply for permanent residency permit at the administrative unit where they reside, after a certain period of continuous and lawful residence in Slovenia (usually five years of legal residence).

Please refer to point 2.3. for more information regarding permanent residency permit.

6.2. Assuming the permanent residency permit is granted:

6.2.1. What is the maximum allowed duration of stay in the country?

A permanent residency permit is issued without any restrictions on the duration and purpose of the stay in Slovenia.

6.2.2. Are any formal procedures (registration etc.) required for the stay?

Permanent residence must be declared by the person holding the permanent residence permit within eight days of the date of settlement, at the address where they are permanently staying. The registration of permanent residence is in the competence of the administrative unit in which area the person is registering his/her permanent residence.

6.2.3. Is employment allowed?

Employment is not allowed based solely on temporary residency permit. For employment, a single permit which allows third-country nationals to enter, stay and work in Slovenia must be obtained.

Individuals residing in Slovenia on the basis of permanent residence permit can obtain single permit in a simplified procedure.

6.2.4. Is healthcare covered by the hosting state? Is it covered for kids and other dependent relatives?

The same applies as explained under question 5.2.4.

6.2.5. What are main taxes, which shall be paid by UA citizen during the stay?

Once the UA citizen obtains a permanent residence in Slovenia, he/she should be considered as a Slovene tax resident. This should usually be the case if at the same time the permanent residency in Ukraine is de-registered or it the permanent residency in Ukraine remains to be registered but it can be considered that the centre of vital interest of the UA citizen should be in Slovenia (based on the location of the family, etc.).

If a UA citizen becomes a Slovene tax resident, he/she should obtain a tax number in Slovenia and would be taxed in Slovenia on its worldwide income (received from businesses in Slovenia and abroad). For income received from outside of Slovenia, tax reporting should be in such case done by the UA citizen solely (via monthly reporting). If income is received from a Slovene company, reporting should be done by the paying company via its payroll system.

If the UA citizen contemplates to register a motor vehicle in Slovenia, it may be liable to pay (prior to registration) a motor vehicle tax, based on the type of the registered motor vehicle and in some cases also import VAT and customs duties. The registration of the motor vehicle is possible once the UA citizen obtains at least a temporary residence certificate in Slovenia and a type-approval certificate for the vehicle in Slovenia.

6.2.6. What is the tax regime and relevant formalities if UA citizen works remotely for businesses in other countries and gets payments from there?

As explained under question 5.2.5, the Slovene tax resident should report income received from outside of Slovenia with the submission of monthly tax returns. Based on the submitted reports, UA citizen pays the personal income tax in Slovenia. Tax paid outside of Slovenia on this income may be used to reduce the tax base in Slovenia, in accordance with the provisions of the applicable double tax treaty.

6.2.7. Is it possible to open and use banking account?

The same applies as explained under question 4.7.

6.2.8. What is the upper limit of cash which can be put on a banking account without confirmation of the cash source?

The same applies as explained under question 4.8.

6.2.9. Is UA driving license accepted? If yes, for how long?

The same applies as explained under question 4.9.

6.2.10. What and when is required to use a car brought from Ukraine (insurance, certification etc.)?

The same applies as explained under question 4.10.

6.2.11. What is required to sell a car brought from Ukraine in your country?

The same applies as explained under question 4.11.

6.2.12. Are there any special regulations applied to kids under 5yo whose parent obtained the permanent residency permit? At what terms kindergartens are available?

A permanent residence permit is issued ex officio to a child, provided that at least one of the parents has a permanent residence permit in Slovenia or whose guardian is a Slovenian citizen or a foreigner with a permanent residence permit in Slovenia.

Please refer to point 4.2.12. above for more information regarding kindergartens.

6.2.13. Are there any special regulations applied to kids 6 to 18yo whose parent obtained the permanent residency permit? At what terms schools are available?

As mentioned above, a permanent residence permit is issued ex officio to a child, provided that at least one of the parents has a permanent residence permit in Slovenia or whose guardian is a Slovenian citizen or a foreigner with a permanent residence permit in Slovenia.

Please refer to point 4.2.13. above for more information regarding schools.

6.2.14. Are there any special regulations applied to juniors 19 to 22yo whose parent obtained the permanent residency permit? At what terms universities are available?

No special regulations.

Please refer to point 4.2.14. for more information regarding universities.

6.2.15. Are there any special regulations applied to elderly people at 60+ age?

No special regulations.

6.2.16. Are there any special regulations applied to disabled persons?

No special regulations.

6.2.17. Is there any state program available suggesting accommodation, language courses, local integration? If yes, please briefly describe.

Free Slovenian language courses are available. Please refer to point 5.2.17. for more information.

6.2.18. Is there any state program suggesting support cash payments to UA citizens? If yes, please give rough numbers.

There is no special state program that supports cash payments only to UA citizens.

In Slovenia, there is several general options of cash payments. One of them is financial social assistance that is intended to meet the minimum subsistence needs.

You qualify for financial social assistance if you have permanent residence in Slovenia and a permanent residence permit was issued to you in Slovenia, or if you can claim social assistance and protection allowance on the basis of international instruments binding on the Republic of Slovenia. The terms for obtaining it are the following: you do not have sufficient resources for subsistence, you do not have assets and savings that would enable you to survive, you are unable to provide for your own subsistence through work, employment rights or insurance, income from property and other sources or benefits (e.g. unemployment benefits) or through the assistance of those who are obliged to support you, and you are actively solving your social problems (e.g. you are registered as unemployed with the Employment Service of the Republic of Slovenia). The amount depends on various circumstances, i.e. income, number of family members, assets, savings etc.

Another option is child allowance which is a supplementary allowance for the maintenance, education and upbringing of a child. The right to child allowance may be granted to one parent or another person (guardian) for a child who is a registered resident of Slovenia, until the child reaches the age of 18.

6.2.19. Are there any restrictions to leave the country?

There are no restrictions.

6.2.20. Any other important information.

7. If UA citizen entered the country aiming to get refugee status

7.1. When and where UA citizen shall apply to obtain a refugee status? Please briefly describe main steps required and respective timelines.

UA citizen must apply for international protection (refugee status or subsidiary protection) on the same day or as soon as possible after arriving to Slovenia. A person can state the intention to apply for international protection to any government body or local authority, which then notifies the police. The police fills out a registration form and take you to asylum centre, where a person is subject to sanitary-disinfection examination, medical examination, photographing and fingerprinting. Then, information on rights and obligations and rules of procedure for internal protection are provided. The information is provided in a language that a person understands.

An official of the Ministry of the Interior of the Republic of Slovenia will accept the application for international protection. An interpreter for a language a person understands will also participate in the process.

After submitting the application, a person is accommodated in the accommodation unit of the asylum centre or in other premises belonging to the asylum centre.

If Slovenia is responsible for considering the application for international protection, it will first be checked if it can be dealt with in an accelerated procedure. The accelerated procedure is a shortened procedure in which the Ministry of the Interior of the Republic of Slovenia rejects the application with a decision as manifestly unfounded because the applicant clearly does not fulfil the conditions for the recognition of international protection.

If there is no reason to consider the application for international protection in an accelerated procedure, the application for international protection will be dealt with in the ordinary course of proceedings. One or more personal interviews will take place.

A decision on the application is made as soon as possible, in the ordinary course of proceedings, no later than six months, and in the accelerated procedure, no later than two months after the submission of the application.

In the event of a delay, the Ministry of the Interior of the Republic of Slovenia must inform you in writing of the reasons for the delay and inform you of when you can expect a decision.

7.2. Assuming the refugee status is granted:

7.2.1. What is the maximum allowed duration of stay in the country?

A person who has been granted refugee status in Slovenia is also entitled to a permanent residence in Slovenia from the date of the decision granting the status.

A decision granting or extending subsidiary protection in Slovenia is valid as a temporary residence permit in Slovenia, for the duration of that protection.

7.2.2. Are any formal procedures (registration etc.) required for the stay?

7.2.3. Is employment allowed?

Employment is allowed.

You have the right to a free access to labour market nine months after submitting the application if in the meantime you did not receive the decision on your application.

The right to free access to the labour market is still applicable even when a person is staying in Slovenia on the basis of a certificate of a timely application for an extension of their residence permit or status.

7.2.4. Is healthcare covered by the hosting state? Is it covered for kids and other dependent relatives?

The same applies as explained under question 5.2.4.

7.2.5. What are main taxes, which shall be paid by UA citizen during the stay?

Same conditions apply as explained in 3.5 and 3.6. Upon entering Slovenia UA citizens should be considered as Slovene tax non-residents and thus have no tax obligations. They can, however, become tax residents if (once) the conditions explained under question 3.5 are met.

7.2.6. What is the tax regime and relevant formalities if UA citizen works remotely for businesses in other countries and gets payments from there?

The same applies as explained under question 3.5 and 3.6.

7.2.7. Is it possible to open and use banking account?

The same applies as explained under question 4.7.

7.2.8. What is the upper limit of cash which can be put on a banking account without confirmation of the cash source?

The same applies as explained under question 4.8.

7.2.9. Is UA driving license accepted? If yes, for how long?

The same applies as explained under question 4.9.

7.2.10. What and when is required to use a car brought from Ukraine (insurance, certification etc.)?

The same applies as explained under question 4.10.

7.2.11. What is required to sell a car brought from Ukraine in your country?

The same applies as explained under question 4.11.

7.2.12. Are there any special regulations applied to kids under 5yo? At what terms kindergartens are available?

The child of a person granted international protection in the Republic of Slovenia, born in Slovenia, and who did not obtain Slovenian citizenship, is ex officio granted a permanent residence permit, provided that at least one of the parents or guardians has been granted international protection.

Please refer to point 4.2.12. above for more information regarding kindergartens.

Minors (children under the age of 18) who arrive in Slovenia on their own are assigned a legal representative before the start of the procedure for international protection. Legal representative takes care of the minor's interests throughout the procedure and is present during all steps in the procedure. Minors are also guaranteed access to learning Slovenian language. Minors have the right to education, health care and leisure activities.

7.2.13. Are there any special regulations applied to kids 6 to 18yo? At what terms schools are available?

Special regulations apply to minors. Please refer to previous answer for special regulation that apply to minors.

Please refer to point 4.2.13. above for more information regarding schools.

7.2.14. Are there any special regulations applied to juniors 19 to 22yo? At what terms universities are available?

No special regulations.

Please refer to point 4.2.14. for more information regarding universities.

7.2.15. Are there any special regulations applied to elderly people at 60+ age?

No special regulations.

7.2.16. Are there any special regulations applied to disabled persons?

Within the sanitary and disinfection and preventive health examination, an assessment is made as to whether the applicant has special reception needs or needs special guarantees in the procedure, and the nature of those needs is assessed. The special needs may also be identified at any later stage in the international protection procedure.

Applicants with special reception needs are accommodated in terms of their material reception conditions, medical and psychological counselling and care. Applicants who need special guarantees in the procedure are provided with appropriate support to enable them to enjoy the rights and fulfil the obligations in relation to the international protection procedure.

Such person receives personalised accommodation, medical care, nutrition, material care and psychological counselling. In accordance with the nature of the special needs assessed, a person is provided with interpretation in the international protection procedure by the Ministry of the Interior and with the assistance of an appropriate expert to help him/her to be able to participate in the international protection procedure. If the applicant is deaf, the Ministry provides him/her with a sign language interpreter. If the applicant is unable to express himself/herself either orally or in sign language, the Ministry provides him/her with the possibility to express himself/herself in another way. The Ministry shall allow the applicant more time to prepare for the personal interview. If necessary, the personal interview may also be conducted in parts.

7.2.17. Is there any state program available suggesting accommodation, language courses, local integration? If yes, please briefly describe.

After the application is submitted, a person is accommodated in an asylum centre or its branch.

The agreement on integration activities can be concluded between the Government Office for the Support and Integration of Migrants and the person with granted international protection. They must include the activities aimed at facilitating and accelerating the integration of individuals with granted international protection into the environment. The agreement shall be drawn up in cooperation with the person with granted international protection, taking into account the needs, knowledge, capacities and abilities of the individual. Pursuant to this agreement, a person may be entitled to accommodation in an integration house or other accommodation provided by the Office, cash allowance for private accommodation, a course to get to know Slovenian society, Slovenian language course, a Slovenian language test, coverage of other costs related to the training, translation costs related to the recognition and evaluation of the training on the basis of appropriate evidence, and covering the costs related to the recognition and evaluation of education when formal education cannot be proven by documents. Please note that such agreement and aforementioned programmes / financing are individually agreed upon.

7.2.18. Is there any state program suggesting support cash payments to UA citizens? If yes, please give rough numbers.

An applicant who does not have his/her own means of subsistence equal to the amount of the basic minimum income and is accommodated in an asylum home shall be provided with food, clothing and footwear, and hygiene products.

An applicant who has no means of subsistence of his/her own and whose subsistence is not otherwise guaranteed shall be entitled to a allowance in an amount determined by the Government of the Republic of Slovenia (currently around EUR 20). The allowance is paid by the Office to the applicant monthly in respect of the preceding month. The applicant shall be entitled to the allowance until the final conclusion of the procedure for recognition of international protection.

7.2.19. Are there any limitations to leave the country?

Generally, there are no limitations.

The applicant may be subject to a compulsory detention order on the premises of the asylum centre or its branch for the following reasons:

- to verify or establish his identity or nationality;

- to establish certain facts on which the application for international protection is based, which could not be obtained without the imposed detention, and there is a risk that the applicant will flee;

- where, prior to the submitting of the application, his/her movement was restricted for the purpose of return proceedings, or prior to the execution of expulsion or a measure prohibiting entry, in order to carry out and enforce return or removal proceedings, and there are reasonable grounds to believe that he/she made the application only to delay or obstruct the execution of the removal proceedings, when he/she had the possibility to apply for international protection;

- where a threat to the security of the State or the constitutional order of the Republic of Slovenia is being prevented or is strictly necessary for the protection of personal safety, the security of property or other comparable reasons of public order.

7.2.20. Any other important information.

8. Language issues

8.1. What languages can be used for communication in your country?

Slovene is the official language in Slovenia. In areas where, in addition to Slovenians, there are also members of the Italian or Hungarian minority, the official language is also Hungarian or Italian. English language (as well as Croatian/Serbian) can be used for communication almost everywhere.

9. Upcoming or expected legislative changes

9.1. Do you expect any major changes to the relevant legislation?

We expect systematic solutions for some upcoming problems, e.g. kindergartens.

10. Local help resources

10.1. Please provide links and brief descriptions to any local helpful resources.

Refugees from Ukraine who travel to or through Slovenia and find themselves in trouble on Slovenian roads can get free AMZS roadside assistance by calling +386 1 5305 353.

Assistance to citizens of Ukraine

Unlike any other news items in CEELM, these are published as received with no other edits than outlined in this editorial note.

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