2012 MIGRATION OFFICE REPORT
INTRODUCTION
The Migration Office of the Internal Administrative Affairs, Migration and Naturalisation Directorate (DUNZMN) is, inter alia, tasked with keeping under review trends in migration, international protection and refugee/foreigner integration, identifying migration movement and patterns, developing and enforcing migration and international protection policies, taking measures, supervising the implementation of laws and regulations in respect of migration, international protection and refugee/foreigner integration.
The Migration Office has three subdivisions: the Migration Policy and Legislation Division, the Status Affairs Division, and the Accommodation, Care and Integration Division. Under the authority of the DUNZMN these offices combine their efforts to comprehensively manage migration and related phenomena.
This is the 2012 annual report on the latest migration developments, trends, and the progress of our office.
LEGAL MIGRATION
The full scope of legal migration is systemically governed by the Aliens Act which defines the entering and leaving the Republic of Slovenia, visas and residence permits, voluntary return, foreigner removal, foreigner integration and conditions under which EU citizens, their family members and family members of Slovenian citizens can enter and reside in Slovenia. The Act incorporates all EU directives on legal migration, visas and foreigner readmission policies.
No major legislative amendment was introduced in 2012. In June, an analysis was carried out of procedures by which temporary residence permits are granted to highly skilled migrants (EU Blue Card). The Blue Card was transposed in 2011 to materialise the "one-stop-shop" principle.
Valid residence permits
Anyone wishing to enter the Republic of Slovenia and reside here for reasons other than those granted by a visa must hold a residence permit. Such a document may be a temporary or permanent residence permit.
An EU citizen may enter Slovenia without an entry permit and may, if in possession of a valid ID or passport, reside in Slovenia without having to report his/her stay for three months of the day of entry. Residence must be reported with the administrative unit in the area of his/her stay prior to expiry of the three month period.
The statistics as of 31 December 2012 show 106,644 foreigners holding valid residence permits or residence registration certificates.
Table 1: Valid residence permits / residence registration certificates
Permanent residence permits / Temporary residence permits / residence registration certificates55,504 third-country nationals / 40,927 third-country nationals
1,759 EEA citizens / 8,454 EEA citizens
Total: 57,263 / Total: 49,381 / TOTAL: 106,644
Table 2: Valid residence permits by citizenship (top five)
Citizenship / NoBosnia and Herzegovina / 17,785
Croatia / 5,559
Kosovo / 5,295
Serbia / 4,672
Macedonia / 3,687
Table 3: Valid temporary residence permits by purpose/reason
Purpose/reason / noEmployment/work / 28,978
Family reunification / 15,895
Study / 2,538
Other / 1,970
Total / 49,381
Chart 1: Valid temporary residence permits by purpose/reason – compared with 2011
Table 4: Valid residence permits between 2009 and 2012
2009 / 2010 / 2011 / 2012Temporary residence permits / 61,540 / 96,880 / 52,682 / 49,381
Permanent residence permits / 38,715 / 43,074 / 48,228 / 57,263
Total / 100,255 / 96,880 / 101,910 / 106,644
The year 2012 saw an increase of roughly 5% in holders of valid residence permits. Compared with 2011, permanent residence permits were up while temporary residence permits were down by 5 %. The 2012 statistics show that roughly 90 % foreign residents and third-country nationals were holding valid residence permits.
Chart 2: Valid residence permits – comparatively in the 2009–2012 period
Residence permits issued in 2012
Temporary residence permits
A temporary residence permit may be acquired by a foreigner for any of the following purposes: employment or work, family reunification, study, specialized study or professional advance or other justifiable reasons or interests of the Republic of Slovenia.
A total of 48,322 permits for temporary residence/residence registration certificates were issued in 2012.
Table 5: Temporary residence permits issues in 2012 – by permit type
Purpose/reason / NoFirst-time temporary residence permit / 11,692
Temporary residence permit extended / 26,595
Subsequent temporary residence permits / 827
EU citizen residence registration certificate / 5,773
Temporary residence permit for a family member / 1,759
Renewal of residence registration certificate renewed / 1,662
Other / 14
Total / 48,322
Permanent residence permits
A permanent residence permit may be issued to a foreigner who has fulfilled the requirement of five years of continuous regular residence on the basis of a temporary residence or on the basis of a certificate of having filed an application for an extended or subsequent temporary residence, and who has met other requirements in line with the Aliens Act.
A total of 10,520 permanent residence permits were issued in 2012.
Table 6: Permanent residence permits – by citizenship (top five)
Citizenship / noBosnia and Herzegovina / 6,042
Kosovo / 1,213
Macedonia / 901
Serbia / 870
Croatia / 374
As much as 57 % of all permanent residence permits were issued to citizens of Bosnia and Herzegovina, followed by nationals of Kosovo (12%), Macedonia (8,5%), Serbia (5,7%) and Croatia (3,6%). Overall, 96 % of these permits were issue to third-country nationals.
Chart 3: Structure of permanent residence permits issued to third-country citizens and EEA residents
ActRegulating the LegalStatusof Citizens ofFormer YugoslaviaLiving in the Republic of Slovenia (ZUSDDD)
The Migration Division is responsible for conducting and making decisions in procedures initiated prior the publication of the Act amending the Act Regulating the LegalStatusof Citizens ofFormer YugoslaviaLiving in the Republic of Slovenia (Ur. l. RS, no 50/10, inhere cited as the ZUSDDD-B) in the Official Gazette of the Republic of Slovenia, i.e. in administrative procedures with pending status as of 24 June 2010 in respect of the issuing of permanent residence permits by virtue of the ActRegulating the LegalStatusof Citizens ofFormer YugoslaviaLiving in the Republic of Slovenia (Official Gazette of the RS, no. 76/10 – consolidated version, inhere cited as the ZUSDDD-A).
As of the day of publication of the ZUSDDD-B in the Official Gazette of the RS, that is, since 24 June 2010, administrative procedures have taken on the authority to conduct administrative procedures by which permanent residence permits are granted.
Table 7: The 2012 statistics according to the ZUSDD-A
RECEIVED / 0CLEARED / 26
Granted / 8
Rejected / 12
Dismissed / 3
Discontinued / 3
AWAITING DECISION / 16
There were 368 applications for permanent residence permits filed with administrative units between the enactment in 2010 and 31 December 2012. Of those, 284 were lodged by persons whose names were deleted from the Permanent Population Register and became known as "the erased", 28 were filed by the children of the erased and 56 by citizens of former republics of the Socialist Federative Republic of Yugoslavia who were not erased. A total of 101 residence permits were granted (78 on the grounds of the erasure from the Register, 10 were issued to children of the erased and 13 were granted on other miscellaneous grounds). There were 125 applications which were rejected, dismissed or in respect of which the proceedings were stayed. Awaiting decision are still 142 applications.
Table 8: Decisions by the ZUSDDD-B – statistics
RECEIVED / 368CLEARED / 226
Granted / 101
Rejected, dismissed, discontinued / 125
AWAITING DECISION / 142
Since 31 December 2013, 174 applications for a special decision have been granted. Of these, 43 have been filed by the erased, 14 by their children and 117 by Slovenian citizens. Granted were 128 special decisions (28 to the erased, 19 to their children and 91 to Slovenian citizens). Awaiting decision have been 25 applications. In addition, 88 special decisions were issued ex officio.
The time limit under the ZUSDDD-B to submit applications for a permanent residence permit and a special decision is 24 July 2013.
INTERNATIONAL PROTECTION
Accommodation of applicants for international protection in 2012
In the course of proceedings applicants for international protection have the right to basic care as provided by the Asylum Centre (meals, clothes, shoes and basic hygiene kit), medical protection, training and work (under certain conditions), free legal assistance in proceedings before the administrative and supreme courts, assistance of a refugee adviser – all of which are specified by law. From 2010 onwards, applicants for international protection have enjoyed the right to allowance of 20 euros per month (2012 data). An applicant may request granting of permission to reside outside the Asylum Centre. If granted, an applicant is entitled to receive financial assistance provided that he/she does not have any of its own means of subsistence.
In 2012 the Asylum Centre processed 304 applications for international protection and accommodated 268 persons.
Table 9: Distribution of applicants for international protection in 2012 – top ten countries of origin
STATE / NOAfghanistan / 64
Syria / 32
Turkey / 27
Algeria / 26
Somalia / 20
Kosovo / 18
Serbia / 13
Pakistan / 12
Croatia / 9
Morocco / 9
Tunisia / 9
Table 10: Applicants for international protection – by age
AGE / TOTAL / %0– 13 yrs / 47 / 16
14–17 yrs / 55 / 18
18–34 yrs / 141 / 46
35–64 yrs / 60 / 20
over 65 yrs / 1 / 0
TOTAL / 304 / 100
Chart 3: Applicants for international protection – by gender
Applications from Syrian citizens were up and increased from representing 3 % of the overall applications in 2011 to a significant 10.5 % in 2012. A significant number of applications was also filed by Turkish and Algerian citizens. Although less than the year before (14 %), Turkish applications accounted for 9 % of the overall application stock while applications filed by Algerian citizens increased to 8 % (from 4 % in the previous year).
In view of the overall figure and in comparison with the year before, the inflow of applicants for international protection from Somalia remained roughly the same in 2012 (around 6%). There was also an increase in applications filed by citizens of Western Balkan countries who represented 12,5% of the 2012 overall figure (7.5% in 2011). The majority of those were Kosovo nationals.
Chart 4: Applications for international protection, 2005–2012
Applications for international protection recorded a significant fall in the 2005–2008 period, but the trend was reversed in 2009. Still at a pretty high level, the trend fell by 14 % in 2012 compared to 2011, but climbed again quite dramatically in December 2012. It is expected that application figures will soar again in 2013.
Restricting movement of applicants for international protection in 2012
Under Article 51 of the International Protection Act (Official Gazette of the Republic of Slovenia, no 11/11-UPB1, 98/11-odl. US and 83/12) movement may be restricted to applicants of international protection. This measure was applied for citizens of Afghanistan (8), Algeria and Pakistan (7), Syria (6) and Kosovo (5). The most common reason for restricting movement was the establishment of circumstances as set out in Article 59 of the International Protection Act (reasons relevant to the process known as the Dublin procedure). Fourteen persons (25 %) were not permitted to go outside the Asylum Centre, and 43 persons were prohibited from leaving the Aliens Centre in Postojna.
Decisions with regard to applications for international protection in 2012
The International Protection Act governs the procedure by which international protection is either granted, withdrawn or terminated, and defines the rights and duties of applicants and those who were granted international protection status. The Act materializes the relevant EU body of law and other international obligations binding on Slovenia. Adopted in 2008, the Act was amended in 2010, and again in 2012 when it introduced the procedure by which the age of unaccompanied minors is established.
Of the 304 applications for international protection submitted in 2012, 43 were re-filed and 21 were court-mandated referrals to repeat proceedings. A total of 328 applications for international protection were processed successfully.
Table 10: Applications for international protection (decision types) – comparison over the last five years
YEAR / APPLICATIONS TO BE DECIDED ON / STATUSGRANTED / REJECTED / STAY OF PROCEEDINGS / DISMISSED / SAFE THIRD COUNTY / CLEARED
2008 / 409 / 4 / 145 / 164 / 12 / 0 / 325
2009 / 308 / 20 / 89 / 96 / 23 / 0 / 228
2010 / 357 / 23 / 55 / 120 / 27 / 14 / 239
2011 / 495 / 24 / 78 / 177 / 40 / 73 / 392
2012 / 428 / 34 / 75 / 110 / 57 / 52 / 328
Fewer proceedings were stayed in 2012 (36 %) than in 2011 (49%). There were 3 % more dismissed applications in 2012 (24.6%) than in 2011 (21.7 %). Roughly the same percentage (3.5 %) was recorded in respect of the decisions based on the institute of a safe third country (20 % and 17 % in 2011 and 2012, respectively).
The Ministry of the Interior assesses the grounds for international protection based on applications filed by third country nationals. The merits by which qualification for international protection is assessed in a single procedure, which means that both the grounds for refugee status as defined by the Convention relating to the Status of Refugees Status and the grounds for subsidiary protection are reviewed based on one application. In 2012, international protection was granted to 34 persons, which is 41 % more than in 2011 and 2.2 % more than in 2011 in respect of overall figure of submitted applications.
Table 11: International protection as granted in 2012 – by status type and by gender
STATUS TYPE / GENDERM / Ž
REFUGEE STATUS / 18 / 1
19
SUBSIDIARY PROTECTION / 14 / 1
15
TOTAL / 32 / 2
34
Table 12: International protection as granted in 2012 – by country of origin
STATEAfghanistan / 10
Somalia / 8
Iran / 5
Kosovo / 2
Russian Federation / 2
Syria / 2
Serbia / 1
Sierra Leone / 1
Bosnia and Herzegovina / 1
Turkey / 1
Yemen / 1
TOTAL / 34
Anyone who has been granted international protection in the Republic of Slovenia is, as of the day of granting, be entitled to reside, to receive education, to work and get employed and to acquire health and social insurance. This status is equal to that enjoyed by citizens of the Republic of Slovenia. There is no difference in the rights afforded in respect of the two categories of international protection (refugee status and subsidiary protection status) except for the duration of residence which is limited for persons under subsidiary protection who can enjoy these rights as long as their status is valid.