Citizenship of the Republic of Slovenia
Citizenship of the Republic of Slovenia
Legal basis and methods of acquisition
The acquisition and termination of citizenship are governed by the Citizenship of the Republic of Slovenia Act (hereinafter: ZDRS). More detailed criteria are laid down in the Decree on the criteria and circumstances for establishing the conditions for acquiring citizenship of the Republic of Slovenia in the naturalisation procedure, and in the Decree on the criteria for establishing national interest in admission to citizenship of the Republic of Slovenia under Article 13 of ZDRS.
Under Article 3 of ZDRS, citizenship of the Republic of Slovenia is acquired:
- by origin,
- by birth in the territory of the Republic of Slovenia,
- by naturalisation, i.e. admission to citizenship on the basis of an application,
- in accordance with an international treaty.
Acquisition by origin
A child acquires citizenship by origin by operation of law in three cases:
- if both parents are citizens of the Republic of Slovenia at the time of the child’s birth;
- if one parent is a citizen of the Republic of Slovenia and the child is born in Slovenia;
- if one parent is a citizen of the Republic of Slovenia and the other is unknown, of unknown citizenship or stateless, and the child is born abroad (Article 4 of ZDRS).
A child born abroad, one of whose parents is a citizen of the Republic of Slovenia and the other a foreign citizen, acquires citizenship by origin in two cases: if the parent who is a citizen of the Republic of Slovenia registers the child as a citizen before the child reaches the age of 18, or if the child actually permanently settles in Slovenia with that parent before reaching the age of 18 (Article 5 of ZDRS). For a child older than 14, the child’s consent is also required (Article 8 of ZDRS).
A person born abroad and older than 18 may acquire citizenship by a declaration on registration made before reaching the age of 36. Two conditions apply: one of their parents has been a citizen of the Republic of Slovenia from the person’s birth until the declaration (or until the parent’s death), and the person’s citizenship of the Republic of Slovenia was not terminated after the age of 18 on the basis of release, renunciation or deprivation. The declaration may be submitted at a diplomatic or consular representation of the Republic of Slovenia abroad, at an administrative unit or at the ministry responsible for internal affairs (Article 6 of ZDRS).
Acquisition by birth in the territory of the Republic of Slovenia
Citizenship is acquired by a child born or found in the territory of Slovenia if the parents are unknown, of unknown citizenship or stateless (Article 9 of ZDRS).
Regular naturalisation
The competent authority may, within its discretion, admit a person to citizenship if this is in accordance with the national interest and the person fulfils all of the following conditions (Article 10 of ZDRS):
- the person is 18 years of age;
- the person has been released from their current citizenship or proves that they will obtain such release if they acquire citizenship of the Republic of Slovenia;
- the person has actually been living in Slovenia for 10 years, of which the 5 years prior to the submission of the application were continuous, and has the legal status of a foreigner;
- the person has guaranteed funds that ensure material and social security for themselves and for the persons they have to support;
- the person has a command of the Slovenian language for the purposes of everyday communication, proven by a certificate of having successfully passed a basic level exam in Slovenian;
- the person has not been sentenced by a final judgement to an unsuspended prison sentence longer than three months, nor to a suspended prison sentence with a term of suspension longer than one year;
- the person’s residence permit in the Republic of Slovenia has not been revoked;
- the person’s naturalisation poses no threat to the public order or the security or defence of the State;
- the person has settled all tax obligations;
- the person gives an oath to respect the free democratic constitutional order established by the Constitution of the Republic of Slovenia.
Explanations of individual conditions:
- Release from current citizenship: the condition is considered fulfilled if the person is stateless, if under the law of their country they lose their citizenship by naturalisation itself, or if the foreign country does not decide on the application for termination of citizenship within a reasonable period of time. A citizen of a European Union Member State does not have to submit proof of release if there is reciprocity between the countries.
- Guarantee: if a person fulfils all conditions except release, the administrative unit may issue a guarantee that they will be admitted to citizenship. Proof of termination of the previous citizenship must then be submitted within two years after the guarantee was served; otherwise the person is considered to have withdrawn the application (Article 11 of ZDRS).
- Actually living in Slovenia: the person must be physically present in Slovenia and have the centre of their interests here. As a rule, a single absence of more than 60 days in a year, or several shorter absences totalling more than 60 days in one year, is considered an interruption. Exceptions apply to certain justified absences, e.g. for education, professional training, medical treatment or employment abroad when posted by a Slovenian employer or institution.
- Material security: the person must have guaranteed funds at least in the amount of the basic minimum income for themselves and for every person they have to support. As a rule, the income (e.g. salary, pension, income from self-employment or as a managing shareholder, rent) must have been received continuously for at least two years before the application. For a first job after completing at least a higher education programme in Slovenia, taken up before the age of 28, six months are sufficient.
- Knowledge of Slovenian: the condition is considered fulfilled if the person finished primary school, a publicly recognised secondary school programme or higher education or university studies in Slovenia (after 25 June 1991), or if the person is over 60 years of age and has actually been living in Slovenia for 15 years.
- Public order: a threat to public order includes, among other things, a person having been fined more than EUR 400 two or more times in the last year for a minor offence in the field of public order and peace or the regulations on foreigners.
- Legal status of a foreigner: a permanent or temporary residence permit, a certificate of residence registration for a European Union citizen, or another status determined by an Act.
Naturalisation under facilitated conditions
Article 12 of ZDRS allows admission to citizenship under more favourable conditions for the following persons:
- a Slovenian expatriate and their descendants up to the fourth generation in direct descent, who have actually been living in Slovenia for at least one year;
- a person who terminated their citizenship of the Republic of Slovenia due to release or renunciation, if they have been living in Slovenia continuously for six months;
- a person who has been married to a citizen of the Republic of Slovenia for at least three years, if they have been living in Slovenia continuously for at least one year;
- a person of full age born in Slovenia who has actually been living here since birth;
- a person with refugee status who has been living in Slovenia continuously for five years;
- a person without citizenship (a stateless person) who has been living in Slovenia continuously for five years;
- a person who has successfully completed at least a higher education programme in Slovenia, if they have actually been living here for at least seven years, of which at least one year continuously.
Certain other conditions from Article 10 of ZDRS also apply to each group and differ between the groups.
Extraordinary naturalisation
A person of full age may acquire citizenship under Article 13 of ZDRS if this is to the benefit of the state due to scientific, economic, cultural, national or similar reasons. The conditions are:
- the person has actually been living in Slovenia continuously for at least one year and has the legal status of a foreigner;
- the person fulfils the conditions referred to in points 4, 6, 8, 9 and 10 of paragraph one of Article 10.
Release from current citizenship and the Slovenian language exam are not required. Whether the person keeps their current citizenship depends on the law of their country.
Extraordinary naturalisation must represent an exceptional contribution to the social, economic, scientific, cultural or other development of Slovenia, or to increasing its international reputation or visibility. As a rule, it is not used as a way of addressing a shortage of experts in particular fields. The criteria for individual fields (e.g. economy, science, higher education, culture, sport, healthcare) are laid down in the decree; for some fields, recommendations from the relevant institutions must also be submitted.
In the case of an exceptional contribution, the conditions of continuous residence and the legal status of a foreigner may also be waived.
For national reasons, extraordinary naturalisation may be applied for by a Slovenian expatriate or their descendant up to the second generation in direct descent, and by a member of the autochthonous Slovenian national community in a neighbouring country. They must demonstrate:
- a long-standing personal and active connection with Slovenia and at least five years of active involvement in Slovenian associations or other expatriate, emigrant or minority organisations; or
- that they were released from Slovenian citizenship for justified reasons and are applying for admission again.
Facilitated conditions regarding residence, funds and tax obligations also apply to these persons.
The existence of the reasons is ascertained in advance by the Government of the Republic of Slovenia based on the opinion of the competent ministerial body. The application is decided by the ministry responsible for internal affairs. It may also be submitted at a diplomatic or consular representation abroad.
Acquisition of citizenship for children
If both parents acquire citizenship by naturalisation, their child under the age of 18 also acquires it at their request. If only one parent acquires it, the child must have been living with that parent in Slovenia continuously for at least one year and have the legal status of a foreigner (Article 14 of ZDRS). For a child older than 14, the child’s consent is also required.
Course and duration of the procedure
As a rule, the application is filed at the administrative unit in whose territory the person has a registered residence (Article 27a of ZDRS). A positive decision of the administrative unit is then submitted for review to the ministry responsible for internal affairs (Articles 27b and 27c of ZDRS). The person becomes a citizen of the Republic of Slovenia on the day they take the oath.
In our experience, the regular naturalisation procedure at first instance usually takes 3 to 6 months. The duration also depends on the workload of the administrative unit; at larger administrative units, e.g. in Ljubljana and Maribor, it usually takes longer. The extraordinary naturalisation procedure depends largely on the competent ministry and usually takes from 9 months to 3 years. These time frames are indicative.
How we help you
We assist you at every stage of the procedure:
- we check whether, and on what legal basis, you fulfil the conditions for acquiring citizenship;
- we prepare a list of the required documents and advise you on obtaining them;
- we prepare the application and, on the basis of a power of attorney, represent you in the administrative procedure;
- we monitor the procedure, respond to requests from the authority and keep you informed;
- we help you prepare legal remedies.
The authority decides on admission to citizenship within its discretion, and each case depends on its specific circumstances, so the outcome of the procedure cannot be guaranteed in advance. Tell us about your case and we will arrange a date for a consultation: write to us or call us on +386 40 832 660.