Print   

 ALIENS ACT 

 

[...]

Article 2
Definition of terms

 

Article 30

Issuing of temporary residence permits

[...]

2) A temporary residence permit in the Republic of Slovenia shall also be issued to: - aliens who have the status of a long-term resident in another EU Member State, - aliens who are Slovenian descendants to the third generation in direct descent, - aliens’ children born in the Republic of Slovenia, - victims of trafficking in human beings.

[...]

Article 38.a

Victims of trafficking in human beings

1) The police shall allow a victim of trafficking in human beings who resides illegally in the
Republic of Slovenia to stay, upon his/her own request or ex officio, for a period of three
months in order to decide whether he/she shall participate as a witness in criminal
proceedings regarding the trafficking in human beings. The period of stay may be
extended for a period of up to three months for justified reasons.
2) Stay may be denied if residence of the victim of trafficking in human beings in the
Republic of Slovenia would pose a threat to public order, security or international
relations of the Republic of Slovenia or if it is suspected that his/her residence in the
country will be connected with the commission of terrorist or other violent actions,
illegal intelligence activities, possession of illicit drugs or the commission of other
criminal acts, or if he/she comes from a region where infectious diseases are spread with
a possible epidemic listed in the international health rules of the World Health
Organisation or from regions where infectious diseases are spread which could threaten
the health of people and which require the prescribed measures to be adopted pursuant to
the act governing infectious diseases.
3) During the period of allowed stay the victim of trafficking in human beings shall enjoy
the rights guaranteed by this Act to aliens with allowed temporary stay and the right to
free translation and interpretation. The police and non-governmental organisations must
inform the victim about the possibilities and conditions for acquiring a residence permit.
4) A temporary residence permit may be issued to victims of trafficking in human beings
regardless of other conditions defined by this Act regarding the issue of a residence
permit, if the victim is prepared to cooperate as a witness in criminal proceedings and
his/her testimony is important, which is confirmed by the body competent for the
criminal prosecution.
5) Temporary residence permits shall not be issued to victims of trafficking in human
beings if:
- they have not fulfilled the conditions for the issue of a permit as defined in the
previous paragraph;
- their residence in the Republic of Slovenia would pose a threat to public order,
security or international relations of the Republic of Slovenia or if it suspected
that their residence in the country will be associated with the commission of
terrorist or other violent actions, illegal intelligence activities, drug trafficking or
the commission of other criminal acts;
- during the procedure of the issue of a permit it is established that the victim
comes from regions where infectious diseases are spread with a possible epidemic
listed in the international health rules of the World Health Organisation or from
regions where infectious diseases are spread which could threaten the health of
people and which require the prescribed measures to be adopted pursuant to the
act governing infectious diseases;
- during the procedure for the issue of a permit it is established that the victim has
had voluntary contact with the suspect, defendant or the persons charged with the
criminal offence of trafficking in human beings.
6) The victim of trafficking in human beings must file the application for the issue of a
temporary residence permit with the competent body in the Republic of Slovenia prior to
the expiration of the period of allowed stay in the Republic of Slovenia or prior to the
expiration of allowed residence if he/she resides in the Republic of Slovenia legally on
another basis. A victim of trafficking in human beings who does not have his/her own
>means of subsistence shall be exempt from administrative charges and the cost of printed
matter in the procedure of the issue of a temporary residence permit.
7) The temporary residence permit shall be issued to the victim of trafficking in human
beings for the foreseen duration of the criminal proceedings, but for not less than six
months or more than one year. The temporary residence permit may be extended upon
the victim’s request, each time for the period of up to one year, until the criminal
proceedings are concluded and provided that the conditions defined in this Article are
fulfilled.
8) A residence permit shall be issued in the form of a decision and an alien’s identity card
shall be issued ex officio to victims of trafficking in human beings whose identities are
not contested and who do not have and cannot obtain a passport from their country of
origin.
9) A victim of trafficking in human beings who has been issued a temporary residence
permit and has no means of subsistence shall be entitled to emergency healthcare
pursuant to the act regulating healthcare as well as health insurance and basic care, same
as aliens who are allowed temporary stay in the Republic of Slovenia. A victim of
trafficking in human beings may obtain employment or perform work in the Republic of
Slovenia during the period of validity of the temporary residence permit under the
conditions defined by the act regulating the employment and work of aliens.
10) A further temporary residence permit may be issued to a victim of trafficking in human
beings for another purpose for residence in the Republic of Slovenia, if he/she fulfils the
conditions for the issue of such a permit. The application for the issue of a further permit
must be filed prior to the expiration of the previous permit.

[...]