Citizens' rights

As of 1 January 2021 there is no more free movement of people between the European Union and the United Kingdom.

Travel

The citizens of the United Kingdom have the same status as third-country nationals who do not need a visa to enter the Schengen Area. They may enter Slovenia without a visa and stay in the country as long as the total length of their stay in the territory of all Schengen countries does not exceed 90 days in any 180-day period. The permitted number of days of stay can be calculated using this online calculator.

For a stay that is longer that 90 days, UK citizens must obtain a residence permit or a long-stay visa, depending on the purpose of their stay. More information is available at Entry and residence.

Residence permits

In Slovenia, a special arrangement on the rights related to residence and the issue of new residence permits applies to those UK citizens and their family members who were legally residents in Slovenia before the end of the transition period and intend to continue living in Slovenia.

However, this arrangement does not apply to UK citizens who reside in Slovenia as posted workers. They are not eligible for a residence permit under the Withdrawal Agreement after the expiry of the transition period. If they wish to continue living in Slovenia as posted workers after the end of the transition period, they have to apply for a single permit for posted workers at the administrative unit of their residence.

Conditions for issuing a residence permit

The conditions to obtain residence rights under WA essentially replicate the conditions Union free movement rules set with respect to residence rights (Directive 2004/38/EC). 

Temporary residence permit

1. A UK national who is a holder of the EU registration certificate, needs to submit:
   1. If he/she is employed or performs work in Slovenia:
      - a valid UK passport,
      - a passport photo,
      - the employer's statement of intention to employ you or evidence of employment or performing work if you are already employed or perform work.
   2. If he/she performs work as a self-employed person in Slovenia:
      - a valid UK passport,
      - a passport photo,
      - evidence that you are a self-employed person.
   3. If he/she studies, undergoes vocational training or participates in other forms of education in Slovenia:
      - a valid UK passport,
      - a passport photo,
      - evidence of acceptance to a study programme, vocational training or other form of education issued by an educational institution or a certificate from the state authority responsible for the implementation of an international or bilateral agreement, or a certificate issued by an organisation authorised by the state to implement a specific course,
      - a proof of the sufficient means of subsistence, which on a monthly level, must not be lower than the threshold for financial social assistance in accordance with the Act governing social security benefits (a student's statement of having sufficient means of subsistence is regarded as sufficient evidence),
      - a proof of the adequate health insurance, which covers at least emergency health services in Slovenia.
   4. If he/she resides in Slovenia as an economically inactive person (for instance as a pensioner):
      - a valid UK passport,
      - a passport photo,
      - a proof of the sufficient means of subsistence, which on a monthly level, must not be lower than the threshold for financial social assistance in accordance with the Act governing social security benefits.
   5. A family member of the UK national who resided in Slovenia before the end of the transition period (31 December 2020), needs to submit:
      - a valid identity card or a valid passport,
      - a document attesting to the existence of a family relationship or registered partnership,
      - the EU registration certificate or any other proof that the UK national with whom you reside actually resides in Slovenia,
      - a proof of the sufficient means of subsistence, which on a monthly level, must not be lower than the threshold for financial social assistance in accordance with the Act governing social benefits,
      - a proof of the adequate health insurance which covers at least emergency health services in Slovenia.
      If the UK national is employed or self-employed, compliance with the conditions referred to in indent three and four are not required for the issuance of a temporary residence permit.
2. A family member of the UK national who resided outside Slovenia before the end of the transition period (31 December 2020) or who was born inside or outside Slovenia after the end of the transition period (31 December 2020) and who is a family member of a UK national who is beneficiary of the Withdrawal Agreement and wishes to join him or her, needs to submit:
   - a valid identity card or a valid passport,
   - a document attesting to the existence of a family relationship or registered partnership,
   - for spouses or registered partners, a document attesting to the existence of a family relationship or a registered partnership before the end of the transition period,
   - for direct descendants who are under the age of 21 or who are dependants and dependent direct relatives in the ascending line and those of the spouse or registered partner, documentary evidence that they were related UK national before the end of the transition period,
   - for a partner in a durable relationship a proof that a durable relationship with the UK national existed before the end of the transition period and continues to exist thereafter,
   - the EU registration certificate or any other proof that the UK national with whom he or she resides actually resides in Slovenia,
   - a proof of the sufficient means of subsistence, which on a monthly level, must not be lower than the threshold for financial social assistance in accordance with the Act governing social benefits,
   - a proof of the adequate health insurance which covers at least emergency health services in Slovenia.

If the UK national is employed or self-employed, compliance with the conditions referred to in indents seven and eight are not required for the issuance of a temporary residence permit.

You must check with your town hall what further documentation you may need to apply for temporary residency.

You will need to visit the Administrative unit (Upravna enota) in person. The new residence card is biometric so you must also submit: 

• a digital passport photograph, or in person,
• two fingerprints for digital capture (in person).

Life-long protection (Article 39 of the Withdrawal Agreement)

The temporary residence permit issued to the beneficiaries of the Withdrawal Agreement on the basis of Article 141.b of the Foreigners Act cannot expire and is thus not lost upon expiry of the temporary residence permit card, which is issued with a validity of five years, as the Withdrawal Agreement gives the beneficiaries rights in relation to the residence for life, unless they cease to meet the conditions established for obtaining the right (so-called life-long protection).

Permanent residence permit

1. For the exchange of a current permanent residence document for a new permanent residence permit the UK national and his or her family member needs to submit:
   - a valid UK passport,
   - a passport photo.
2. For the issue of the permanent residence permit the UK national and his or her family member needs to submit:
   - a valid identity card or a valid passport,
   - a passport photo.

You must check with your town hall what further documentation you may need to apply for permanent residency.

You will need to visit the Administrative unit (Upravna enota) in person. The new residence card is biometric so you must also submit:

• a digital passport photograph, or in person,
• two fingerprints for digital capture (in person).

Acquisition of the right of permanent residence and the declaratory nature of the issued permanent residence card

In accordance with Article 15 of the Withdrawal Agreement, the beneficiaries acquire the right of permanent residence automatically as soon as they fulfill the condition of five years of continuous legal residence in the Republic of Slovenia. The possession of a permanent residence card is therefore not a prerequisite for the entitlement of the right of permanent residence in the Republic of Slovenia and other rights based or derived from it, because entitlement to the right of permanent residence may be attested by any other means of proof and not only with a permanent residence card.

The issued permanent residence card therefore only confirms the already acquired right of permanent residence in the Republic of Slovenia. The application for the issuance of a permanent residence card shall be submitted to the administrative unit in whose area the beneficiary resides.

Confirmation of the submitted application

When you have made the application, the Upravna enota will issue a ‘certificate of application’ for a temporary/permanent residence permit.

The application certificate confirms that:

• the application has been made,
• the applicant has fulfilled the obligation to apply for a new residence status,
• the applicant shall be deemed to have all the rights relating to residence until his application has been finally decided. 

Until a final decision on the application is made, the applicant is considered to have the right to reside in the Republic of Slovenia on the basis of the certificate of application (after expiry of the current registration certificate for EU citizen or residence permit.

Administrative fees

1. Temp resident permit (17 euro)
   EUR 0.50 for application for a temporary residence permit,
   EUR 4.50 for the issuance of the temp residence permit,
   EUR 12.00 for the temp residence permit card.
2. Perm resident permit (22 euro)
   EUR 0.50 for application for a permanent residence permit,
   EUR 9.50 for the issuance of the perm residence permit,
   EUR 12.00 for the perm residence card.

Termination of residence documents issued to UK citizens and their family members before 1 January 2021

Your residence permit (provided it was acquired before the end of the TP), and those of close family members shall remain valid until 31 December 2021, (or until its’ expiry before 31.12.), or until the final decision application has been made.

UK citizens do not require a visa for entry into the Republic of Slovenia, therefore in accordance with Article 14(5) of the Foreigners Act they may remain and stay in the Republic of Slovenia for no more than 90 days after the expiry of the residence permit.

A foreigner must leave the Republic of Slovenia prior to the expiry of his or her authorised stay in the Republic of Slovenia if so decided by the competent authority.

Late applications

UK citizens and their non-EU family members who will not submit an application for a temporary residence permit or application for exchange for a new permanent residence permit until 31 December 2021 (or until its’ expiry before 31.12.) shall be subject to the provisions of the Foreigners Act applicable to third country nationals as regards entry, departure and residence in the Republic of Slovenia after the expiry of the validity of the certificate or permit, without prejudice to the possibility of applying for a new residence permit in accordance with Article 18(1)(d) of the Withdrawal Agreement (so called late application).

Reasonable grounds test

In case of late application the responsible administrative unit shall assess all the circumstances and reasons for not respecting the deadline and shall allow the person to submit an application if there are reasonable grounds for the failure to respect the deadline.

The reasonable grounds test establishes a safeguard that will ensure that out-of-time applications are treated in a proportionate manner.

UK nationals not in scope of the WA / future immigration

Will be covered by the provisions of the Foreigners Act, applicable to third-country nationals and their family members, and apply to entry, residence and departure.

More information can be found on Infotujci.

Example: A citizen of the United Kingdom who will enter the Republic of Slovenia for the first time on 1 January 2021 (after the expiry of the transitional period), e.g. for the purpose of employment or performance of work, will have to apply for a single residence and work permit in accordance with the provisions of the Foreigners Act.

Posted workers

If you wish to reside in the Slovenia as posted workers after the transitional period, the Ministry of the Interior proposes you to apply for a single permit for posted workers immediately after the transitional period at the local UE (Article 45 of the Foreigners Act), which is issued to third-country nationals for the purpose of providing cross-border services or for training in a company in Slovenia.

Frontier workers

A frontier worker who, before the expiry of the transitional period, carried out an economic activity in the Republic of Slovenia in accordance with Article 45 or 49 of the Treaty on the Functioning of the European Union and continues to perform economic activity in the Republic of Slovenia after the end of the transitional period, can apply at the Administrative unit Ljubljana for a certificate identifying frontier workers' rights (Article 26 of the Withdrawal Agreement).

The certificate is biometric so frontier worker must also submit:

• proof of employment, performance of work or self-employment in Slovenia before and after the expiry of the transition period;
• a digital passport photograph, or in person;
• two fingerprints for digital capture (in person).

Students

All students who are UK citizens and are enrolled in a Slovenian public higher education institution will be able to complete their started study cycle under the same conditions as were applicable when they started their study cycle, that is, without paying tuition fees for foreigners. The same applies to students enrolled in secondary-school and short-cycle higher education programmes.

As of 1 January 2021, UK citizens are treated as other foreign nationals in the Slovenian education system (enrolment in available enrolment slots after the end of application period, the payment of tuition fees, etc.).

Social security

Social security with regard to eligible persons who had cross-border status before 31 December 2020

Posted workers from the UK who have regular status in Slovenia and who remained in the UK social security scheme based on an employment relationship with an employer established in the UK may carry out their work until the expiry of A1 certificate or the end of the posting period, provided that they regularise their status in accordance with the Foreigners Act.

Exercising social security rights after 1 January 2021

As of 1 January 2021, posted workers from the UK must join the social security insurance scheme in Slovenia for the duration of their work in Slovenia based on the single residence and work permit for posted workers, which is subject to consent for posted workers issued by the Employment Service of Slovenia.

The posting system remains mostly the same with regard to maintaining the insurance in the country of employment. When insurance in the country of employment is maintained, a posting may last for two years without the possibility of extension and under the condition that the sole purpose is not to replace a posted worker. After 1 January 2021 any existing posted worker’s status remains valid until the conclusion of the activity concerned.

The Withdrawal Agreement does not regulate access to the labour market. Accordingly, UK citizens entering Slovenia to work for a Slovenian employer need a single residence and work permit issued on the basis of the consent of the Employment Service of Slovenia.