Act
N0. 61/99 on the Status of Citizens of other SFRY Successor
States
(July 1999)
Article 1
A permanent residence permit may be issued to a citizen
of another SFRY successor state (hereinafter: alien)
who had permanent residence registered in the territory
of the Republic of Slovenia on 23 December 1990 and
who has continued to live in the Republic of Slovenia
since that date, or to an alien who was residing in
the Republic of Slovenia on 25 June 1991 and has continued
to do so without interruption since that date, regardless
of the provisions of the Aliens Act, if they fulfil
the conditions prescribed in this Act.
Article 2
An application for a permanent residence permit shall
be filed with the administrative unit in whose territory
the applicant is residing within three months of the
entry into force of this Act.
An alien who has filed an application for citizenship
of the Republic of Slovenia according to Article 40
of the Citizenship of the Republic of Slovenia Act (Ur.
l. RS, 1/91-1, 30/91, 38/92, Constitutional Court decree,
61/92, 13/94) and has received a negative response may
file the application referred to in the previous paragraph
within three months of the entry into force of this
Act, or of the decision becoming final, if it becomes
final after this Act enters into force.
The applications referred to in the previous paragraphs
of this Article shall be decided upon by the ministry
responsible for the interior (hereinafter: ministry).
An application for a permanent residence permit shall
be filed using the form prescribed by the minister responsible
for the interior.
Article 3
A permanent residence permit shall not be issued to
a person who:
- has, since 25 June 1991, been convicted of a misdemeanour
against public order and peace with elements of violence
more than once;
- has, since 25 June 1991, been sentenced to a prison
term of at least one year for a criminal offence;
- has, since 25 June 1991, been sentenced to prison
terms exceeding a total of three years;
- has, since 25 June 1991, been convicted of a criminal
offence specified in Chapters 15 or 16 of the Criminal
Law Act of the SFRY (Ur. l. SFRY, 44/76, 34/84, 74/87,
57/89, 3/90, 39/90) committed against the Republic of
Slovenia or against other values protected by criminal
legislation in the Republic of Slovenia, regardless
of where the offence was committed, according to the
provisions of the first paragraph of Article 4 of the
Constitutional Act on the Implementation of the Basic
Constitutional Charter on the Independence and Sovereignty
of the Republic of Slovenia;
- has been convicted of a criminal offence defined
in Chapters 33, 34 or 35 of the Penal Code of the Republic
of Slovenia (Ur. l. RS, 63/94, 70/94).
Article 4
On the basis of the facts and circumstances established
in the procedure, the ministry may issue a decision
without questioning the applicant beforehand, if the
ministry assesses that questioning would not change
the state of affairs.
Article 5
If the procedure cannot be completed without the applicant's
cooperation and if he does not carry out the actions
necessary for the continuation or completion of the
procedure, despite warnings given to him by the ministry,
his silence shall be interpreted as a withdrawal of
the application.
Article 6
The ministry shall issue a permanent residence permit
to an alien by applying this act, even if he has already
applied for the permit under the Aliens Act, if his
request has not yet been decided upon and if this is
more convenient for him.
Article 7
In order to provide information on aliens and on issued
decisions and resolutions, the ministry shall keep records
on:
- received applications;
- issued permanent residence permits, decrees and resolutions.
The records on received applications shall also be
kept by administrative units.
The records shall include the following personal and
other data:
name and surname;
standardised personal registration number;
maiden name;
sex;
date of birth (day, month, year);
place of birth (country, town);
nationality;
occupation;
town, street and house number of the permanent or temporary
residence or place of residence in the Republic of Slovenia
on 23 December 1990 or 25 June 1991;
town, street and house number of the current residence
or place of residence;
date of arrival in the territory of the Republic of
Slovenia;
evidence of uninterrupted stay;
type and number of proof of identity, date of issue,
validity and issuing body;
date of the filing of the application and of the issuing
of the confirmation;
date and number of the issuing of the decree or resolution,
and the date it was served.
The records specified in this Article shall be linked
to the records specified in the Aliens Act.
For other issues regarding the protection, use, forwarding
and storage of personal data, the provisions of the
Aliens Act shall be reasonably applied.
Article 8
This Act shall enter into force on the sixtieth day
after its publication in the Uradni list Republike Slovenije.
FORRÁS: http://www.legislationline.org/view.php?document=55763 |