1

VISA POLICY AS MIGRATION CHANNEL IN SLOVENIA

October 2011

2

TABLE OF CONTENTS

SUMMARY ......................................................................................................................................................................................................................4

1 PURPOSE AND METHODOLOGY OF THE STUDY ..............................................................................................................................................................5

1.1 Purpose of the Study ..............................................................................................................................................................................................5

1.2 Methodology .........................................................................................................................................................................................................6

2 VISA POLICY AND LEGISLATIVE FRAMEWORK IN SLOVENIA ............................................................................................................................................7

2.1 Visa policy and legislative framework .....................................................................................................................................................................7

2.2 Agreements with third countries .......................................................................................................................................................................... 13

2.3 Changes to Visa Policy and Legislation within context of a common EU dimension ................................................................................................. 15

2.4 Changes to Visa Policy relating to national visas .................................................................................................................................................... 16

3 PRACTICAL IMPLEMENTATION AND ORGANIZATION ................................................................................................................................................... 17

3.1 General procedure followed in the stages of Visa Procedure ................................................................................................................................. 17

3.2 Visa issuance for the purpose of legal immigration - specific visa procedures ......................................................................................................... 21

3.2.1 Visa Practices for admission of third-country nationals ................................................................................................................................... 21

3.2.2 Challenges and success factors for facilitating legal immigration ..................................................................................................................... 22

3.3 Visa procedures for the purpose of preventing illegal migration ............................................................................................................................ 23

3.3.1 Prevention of illegal migration during visa issuing and monitoring process ...................................................................................................... 23

3.3.2 Prevention of illegal migration through other measures during visa issuing ..................................................................................................... 26

3

3.3.3 Challenges and success factors for preventing illegal migration ....................................................................................................................... 27

4 CO-OPERATION WITH THIRD COUNTRIES .................................................................................................................................................................... 28

4.1 Republic of Serbia (Montenegro and Kosovo)........................................................................................................................................................ 29

4.2 Republic of Turkey ............................................................................................................................................................................................... 31

5 EFFECTS OF EU POLICY AND LEGISLATION .................................................................................................................................................................... 34

6 DATA FROM THE REGISTER OF ISSUED VISAS AND IMMIGRATION IN SLOVENIA ........................................................................................................... 36

7 CONCLUSION .............................................................................................................................................................................................................. 36

8 BIBLIOGRAPHY ........................................................................................................................................................................................................... 38

APPENDIXES – STATISTICS.............................................................................................................................................................................................. 42

STATISTICS ON CASE STUDIES ........................................................................................................................................................................................ 42

GENERAL STATISTICS ..................................................................................................................................................................................................... 56

4

SUMMARY

The study represents an overview of Slovene visa policy, legislation and practice in relation to the question of legal and illegal migration management, since it is focused on research of the question – Do Slovene and European visa policies influence management of migratory movements? And whether the hypothesis on “visa politics as migration channel” can be confirmed or overruled? In the first part the study focuses on overview of visa policy and legislation in Slovenia, whereby it includes an analysis of effects of transfer of European visa policy and legislation in national space, especially from the aspect of entry in European Union, adoption of Schengen legal order and visa regime, which was upgraded with adoption of Visa Code and Visa system (VIS), therefore also the overview of the influence of European legislation is divided according to those three boundaries, so we can talk about a three-phase adaptation of Slovene legal order to the European one. The study determines that Slovene visa policy is under a strong influence of European legal order and that after the adoption of Visa Code there is very little space for autonomous shaping of national visa policy on national level. Otherwise Slovene visa system is primarily regulated in Aliens Act. Legal migrations in Slovenia are in accordance with Aliens Act possible on the basis of two legal entry systems – visa or residence permit, the choice of which depends on the length and purpose of stay. Visa is thus used mostly for specifically determined cases in Visa Code (short-stay visa) or in the Aliens Act (long-stay/national visa) and for a limited time of stay. For cases of longer stay, work, family reunion and studies residence permit is primarily used. Both visa and the first residence permit are usually acquired on a diplomatic consular representative of Slovenia abroad before the foreigner’s arrival to Slovenia. In the second part of the study Slovene visa procedure in practice, organization and implementation of visa policy in connection to managing legal and illegal migrations are presented in more detail. They follow a specific case analysis of Slovene and European visa policy influence on managing legal migrations in relation to Republic of Serbia and Turkey (as non-members of European Union) which share a reputation of migratory risky countries from the aspect of Slovenia, since they are parts of the so called western Balkans migratory route and are also linked to Slovene visa and migratory policy in other ways. Based on case analysis a thesis on connection between the influence of visa policy and legislation on managing legal and illegal migrations can be confirmed, whereby this influence can be indirect or only direct. The findings are supported by available statistical data and interviews with responsible bodies. Otherwise the study is also based on analysis of current statistical and empirical data, which are presented in the appendix of the study and, where possible, deal with the past ten-year period as required by the specification of the study.

5

1 PURPOSE AND METHODOLOGY OF THE STUDY

1.1 Purpose of the Study

For the year 2011 the European migration network (EMN) has set up to undertake a comparative analysis of the connection between visa policy and migration management in member states of European Union (EU) which should:

- outline the politics and legislative framework regarding the use of Schengen and national visas in the light of managing and avoiding illegal migrations, including an analysis of European and national policy and legislation in that area;

- introduce a precise overview of implementation and organization of visa policy; - introduce the implementation of “immigration acquis”1, which assumes that member states ensure all possibilities for visa acquisition

for certain categories of third country nationals; - explore the link between visa policy and migration management in the case of two case studies regarding cooperation with third

countries, including an analysis of statistical and empirical data; - explore the influence of EU politics and legislation on national policy, methods and practice; - introduce and analyze other available statistical data regarding visa issuance; - draw conclusions about the scope of link between visa policy and migration management.

The basic purpose of national study is thus to present the above mentioned aspects and explore the existence of link between visa policy and management of legal and/or illegal migrations in Slovenia. The study should primarily serve to policymakers on a national level (relevant ministries and their officials), as well as European institutions and their officials, representatives of civil society, researchers and other members of public interested in the issues of the effects of visa policy on migration management, both promotion of legal migrations and prevention of illegal migrations.

1Article 7(1) of the Directive 2009/50, Article 13 of the Directive 2003/86, Article 14(4) of the Directive 2005/71.

6

1.2 Methodology

In accordance to the criteria of European migration network (specification EMN)2 the study focuses on third country nationals and national visa policy, which does not include the study of the system of airport transit visa (visa A). The case study thus comprises short stay (visa C) and long stay (visa D). Methodology of the study follows the EMN specification, except in the section, which assumes the time focus of study on the state in the year 2010. For the reason that this year the national Act governing visa policy has changed due to adjustments to European legislation, especially Community Code on Visas (Visa Code)3, the time focus of this study in Slovenia is 2011. The primary sources of study are the analysis of national and European legislation, publications, other relevant documents and internet resources of the responsible official bodies, national and international organizations. Academic contributions of Slovene and foreign authors in the area of visa policy and migrations, available in paper and electronic form present another source. In this regard the existing studies listed in EMN specifications proved to be of great help. Since the study is mainly concerned with the questions of the implementation of visa and migration policy in practice, following interviews with representatives of Ministry of the Interior and Ministry of Foreign Affairs have been carried out:

- Mr Anton Pirihom, Head of visa policy and aliens section, Consular division, Ministry of Foreign Affairs; - Mr Andrej Janežičem, Head of Illegal migration section, Border police division, General police directorate, Ministry of the Interior; - Mr Darjo Cizlom, Border police division, General police directorate, Ministry of the Interior.

The statistical data of European statistical office (EUROSTAT), Ministry of Interior, Police and Ministry of Foreign Affairs were used as a support to the analysis. Representative Slovene national bodies do not collect the entire statistic requested by the specification. Majority of data is available from 2006 on, which is conditioned by Slovene accession to the EU and adoption of the schengen legal order. Statistical data of EUROSAT are available only from 2008 on. Consequently, some findings of the study could not be supported with statistical data, what shall be considered as major deficiency of this study. Collected statistical data is enclosed in the appendix.

2 Specification for EMN study – »Visa policy as a migration channel«, last version: 31st March 2011, European comission, MIGRAPOL, EMN, Doc 224.

3 Regulation 810/2009 of the European Parliament and of Council of 13 July 2009 establishing Community COde on Visas, OJ L No. 243, 15 September 2009.

7

The main obstacle in carrying out of the study is the lack of national sources on visa policy in general, especially academic contributions and the view of civil society. In Slovenia they are focused on migration issues, excluding visa policy. Certain diploma papers deal with this topic in a limited scope. Consequently there are no existent sources on implementation of visa policy and legislation in practice, thus in this case the study relies solely on data acquired from the Slovene official bodies. Similarly there are no existent sources to analyze the influence of transposition of relevant European legislation to Slovene legal order.

2 VISA POLICY AND LEGISLATIVE FRAMEWORK IN SLOVENIA

2.1 Visa policy and legislative framework

General The purpose of visa issuance is regulation and control of immigration, especially facilitating/refusing entry to certain categories of people, which are set mainly by the political, security and economical criteria of a particular country. On a legislative level the conditions and ways of entry, exit and residing of aliens in the Republic of Slovenia is governed by the Aliens Act (AA-2).4 At a formal level the visa policy in the Republic of Slovenia is partly described in the Resolution on immigration policy of Slovenia from the year 1999 (ReIPRS)5 and in the year 2002 in the Resolution on migration policy of Slovenia (ReMPRS).6 This is also a period of intensive adjustment of visa policy and legislation to European legal order, since Slovenia became a member of EU on 1. 5. 2004, and Schengen area on 22. 12. 2007. As can be seen from annual reports on the activities of the Ministry of Foreign Affairs7 the priorities of Slovenia after entering the EU were intense and active efforts to liberalize visa policy in Western Balkan and spreading the possibilities for the access to visa (wider consular) services abroad and in Slovenia.

4 OJ no. 50/2011, 27. 6. 2011, valid since 27. 7. 2011, used since 27. 10. 2011.

5 OJ no. 40, 28. 5. 1999.

6 OJ no.106, 6. 12. 2002.

7 http://mzz.gov.si/index.php?id=43, 14. 8. 2011.

8

The latter are implemented by ensuring operation in several different visa issuance sites, which enables consular presence of several countries in one spot and by reaching new agreements about operation in countries where consular services of Slovenia have not been available so far. Another reflection of planned action on visa area is also a recent Cooperation agreement between the Ministry of Foreign Affairs and the Ministry of the Economy in the area of visa issuance for the purpose of tourist visit.8 Bodies In Slovenia diplomatic representative bodies and consulates of the Republic of Slovenia are responsible for leadership and decision making in the procedures of issuance, annulment, extension and withdrawal of visas. In exceptional cases, determined by the Article 2 of the AA-2, visas can also be issued by the Ministry of Foreign Affairs. In such cases and in accordance with Visa Code the Ministry is also responsible for the extension of short stay visa and appeal bodies against decisions of diplomatic consular missions. Police, which is a body in the structure of the Ministry of the Interior, is responsible for implementation of border control, rejection of an alien at the border crossing, for issuance and annulment or withdrawal of short stay visa. Ministry of the Interior is the appeal body against the decisions made by the Police. It implements administrative and professional affairs dealing with migration policy, entry, exit and stay of aliens in the country, in cooperation with other responsible ministries.9 In accordance with Visa Code visas A and B can also be issued by diplomatic consular mission of another contracting state of Convention implementing the Schengen agreement10, with which the Ministry of Foreign Affairs reaches an agreement on representing in visa business. In Slovenia the administrative units as a body of civil service are responsible for issuance of residence permits. Here diplomatic consular missions only have an intermediary role in transmitting applications of foreign nationals to administrative units and vice versa. Historical aspect Slovene visa policy has been significantly shaped by historical bonds and neighbour relations with countries of the Western Balkan. Thus has Slovene immigration policy since the independence been under a strong influence of a large immigration movement from the mentioned area. At first the immigration inflow was a consequence of war state and dissolution of the Socialist Federal Republic of Yugoslavia, and later of establishment and maintenance of family and business relations, searching for employment opportunities due to the language advantage and geographical-historical connection, lately also studies.

8 http://www.mg.gov.si/fileadmin/mg.gov.si/pageuploads/turizem/Podpisan_sporazum.pdf, 14. 8. 2011.

9 Article 86 of the AA-2 (bodies).

10 Convention implementing the Schengen Agreement of 14 June 1985 between the Governments of the States of the Benelux Economic Union, the Federal Republic of

Germany and the French Republic on the gradual abolition of checks at their common borders, OJ L 239, 22.9.2000.

9

Since its independence, Slovenia has been making decisions about maintenance,11 suspension or conclusion of new agreements with individual countries from case to case with individual acts on succession. For the states of former Yugoslavia Slovenia has not approved agreements on withdrawal of visas, with the exception of Croatia. Soon after becoming independent and in the light of pre-accession negotiations for the integration in EU Slovenia started leading a “new” visa policy, which was also reflected in the legislative documents listed below, and a key change after entering EU being entering into Schengen area and implementation of Visa Code. Visa policy and legislative framework AA-2 declares, that third country nationals require one of two legal entry means – either a visa or a residence permit (temporary or permanent) beside a valid travel document for entry in Slovenia.12 Visa is a permit issued by a relevant body to a foreigner, on the basis of which, if there are no reasons for refusal of admission, he can enter the country and reside for as long as it is permitted by the visa, or by which he is granted transit over the state territory, if he is satisfying certain requirements for transit.13 A foreigner, who would like to enter Slovenia and reside there for some other reasons than granted on the basis of visa, must have a residence permit. A residence permit means a permit for entry and residing for specified time and a specified purpose (a short-stay residence permit) or residing for unspecified time (a long-stay residence permit).14 Types of visas:

- Airport transit visa (visa A), - Short-stay visa (visa C), - Long-stay visa (visa D).

Conditions and procedure for visa issuance for short-stay visa and airport transit visa are set by the Visa Code. Long-stay visa is issued for the time of planned residing of a foreigner in Slovenia, but not longer that for a year. Visa has to be acquired before entering Slovenia, except in special cases specified by the AA-2. Long-stay visa grants entry and residing in Slovenia for the entire time of visa validity, but it must be pointed out that entry in Slovenia can be denied despite a valid visa for the reasons specified in the Schengen borders code15 and threat to public order, internal security or public health, which is decided upon by the Police.16

11

Thus it preserved agreements with Argentina, Japan and San Marino on visa abolishment for stay in Slovenia up to 90 days. 12

Article 8 of the AA-2 (right to enter Republic of Slovenia). 13

Articel 18 of the AA-2 (visas and types of visas). 14

Acrticle 31 of the AA-2 (residence permit). 15

Regulation 562/2006 of the European Parliament and of the Council of 15 March 2006 establishing a Community Code on the rules governing the movement of persons across border, OJ L, No. 105/1, 13 April 2006. 16

Article 10 of the AA-2 (entry rejection in Republic of Slovenia)

10

Resolution on immigration policy of the Republic of Slovenia gives a basic framework for courses of action and activities for executive-administrative and implementary-administrative level of immigration policy and an informative framework for domestic and foreign interest groups. It points out that migration policy of every country is intertwined with a number of other issues, especially those concerning employment and residing of foreigners, their rights, inter-ethnical relations and relations to regional neighbours. The Resolution was formed in the time of increased pressure of people who were in search of shelter during the war in the Western Balkan, as its specialty it sets out the youth of the independent democratic nationality, internationalization of former Yugoslav inter-republican migrations and the process of transition. The Resolution defines four common principles of shaping the immigration policy: solidarity and international burden share (regarding the protection of refugees and illegal migrations); historical responsibility, which builds on the concept of continuum of history and the structure of international relations;responsibility to the nation (especially from the point of view of ensuring relatively free migrations); a long-term macro-economical utilitarity (as a guide at shaping the criteria of controlled admission) and respecting the law (in the light of international contracts, commonly accepted principles and internal legislation). The Resolution particularly defines further direction of immigration policy development, which is in adapting to European policy and legal order. The central part of Resolution is a description of foundations of immigration policy. A direct relationship to visa policy can be found in the following guidelines: - “prevention of illegal migrations”, where visa regime is seen as one of the primary prevention action, which will be coordinated with European foreign and safety policy (together with an effective control of borders and border crossings, internal control, policy of restraint and international informative, legal, customs and police cooperation); - “active Slovene policy in European area”, in the context of which efforts to gradually expand EU to the Eastern European countries and Countries around the Mediterranean and planning and coordinating European migration and asylum policy, coordination of the visa regime and connection of other control mechanisms for prevention of illegal migrations are already pointed out. Indirect relationship can be found in: - “active Slovene policy with neighbouring countries in Central and South-east Europe”; -“world solidarity and active performance in the area of prevention of reasons for mass migrations”; - “regulation of immigration”; - “constant monitoring of the conditions in Slovenia and world”.

11

In the final part the Resolution predicts adoption of general measurements for reaching the objectives, especially dealing with legislative-legal instruments. In the light of visa policy the key things are – Aliens Act as a basic legal act in the area of immigration legislation, State Border Control Act, which regulates the control of borders in accordance with legal order of EU; harmonization of visa regime with visa regimes of Schengen agreement and EU and encouragement of harmonization of legal and practical visa regime in the countries of Central and Eastern Europe, for example in the framework of Budapest process. Three years later, in 2002, Resolution on migration policy of the Republic of Slovenia was adopted as an amendment to ReIMPRS with special emphasis on actions for its implementation regarding modern migration movements and new approaches on EU level. At that time visa regime of Slovenia has already been adapted to European legal order. From the activities, which are predicted by ReMPRS and are in connection with visa regime, the goal to establish informational connection among countries and suitable technical means for detection of falsified documents and misuses, qualified administrative structure on state and local level, which makes decisions about entry and residing of foreigners, insurance of effective co-operation of diplomatic consular missions, ministries responsible for interior affairs, police and administrative units. For implementation of the set goals the Government of the Republic of Slovenia is imposed to establish a special working group for that purpose. At the end of 2010 guidance of migration policy in Slovenia was defined in a new document, which affects only economic migrations. Strategy of economic migrations for the period from 2010 to 202017 affects visa policy only indirectly, since in Slovenia visa itself is a residence permit. Thus in the context of regulating economic migrations a special emphasis is on simplifying access to other, longer-term forms of residence permits, as are also predicted by European legislation and simplifying and unification of conditions for admission of foreigners, which are the subject of a recent studies of EMN: Temporary and circular migrations (Medved 2010a) and Migrations as a response to lack of working force (Medved 2010b). A trend which can be noticed is a need for more and more flexible visas, which enable easier entries and exits together with other actions, needed for an effective implementation of the so called “circular migrations” (Trauner, Kruse, 2008), however, the Slovene legislation does not have such a flexible visa regime yet and makes a strict division between a residence permit and a visa.

17

http://www.mddsz.gov.si/fileadmin/mddsz.gov.si/pageuploads/dokumenti__pdf/Strategija_ekonomskih_migracij-2010-2020.pdf, 16. 8. 2011.

12

Guidelines for Code of action of the Republic of Slovenia towards Western Balkans,18 which the Government of the Republic of Slovenia has adopted on 8th July 2010, present tools with which the Republic of Slovenia should take action in Western Balkans in an reinforced and more coordinated way. Under the slogan of “increasing mobility for nationals of Western Balkan countries” the Ministry of the Interior, Ministry of Foreign Affairs and Ministry of Labour, Family and Social Affairs are going to study the possibilities for faster procedures in acquiring the required documents for travels and longer stays of the nationals from the countries of Western Balkans, especially for purposes of study, economic, scientific research and cultural travels. Apart from that the Republic of Slovenia is going to endeavour for a faster introduction of visa liberalization for all the countries of Western Balkans. Especially in the relationship to Albania help with implementation of required reform for reaching of EU standards and conditions for introduction of visa liberalization and the importance of opening an Embassy of the Republic of Slovenia in Tirana (the last in the Western Balkans region) are emphasized. In the relationship with Bosnia and Herzegovina an endeavour for implementation of visa liberalization is highlighted. It is supposed to support the admission of Kosovo in the programs of EU help and the process of fulfilling the conditions for introduction of visa liberalization. For implementation of guidelines the Government of the Republic of Slovenia appoints a national co-ordinator for Western Balkans, who works in the framework of Ministry of Foreign Affairs and a Co-ordination Committee for Western Balkans, lead by a national co-ordinator. The committee is composed of representatives of ministries and government offices, representatives of economy, academic organizations and non-governmental organizations. In May the co-ordination committee adopted an Action plan for action of the Republic of Slovenia towards Western Balkans for the year 2011, where, however, there is no special emphasis on visa policy. For effective informing and promotional activities the Guidelines predict implementation of project “Reconnecting Balkans” in the context of which a web page in Slovene and English language (and later on in the languages of the countries in the region) is going to be constructed, where all the information on actions of Slovenia in the region and also the key practical information from both Slovenia and the region (news, scholarships, visa information, economic opportunities, competitions, tenderings, etc) in both languages will be available. On December 3 2010 the Ministry of Foreign Affairs and Ministry of Commerce reached an Agreement on co-operation between the Ministry of Foreign Affairs and the Ministry of Commerce in the area of issuance of visas for the purpose of tourist visit. The agreement defines the rules for co-operation with tourist agencies at issuance of short-stay visas for the purpose of a tourist visit to Slovenia. Thus it is expected that the Ministry of Foreign Affairs will, taking into account the migratory and safety problematics of third countries and the development of tourist economy, define the third countries, in which the co-operation of Slovene diplomatic representations and consulates with tourist agencies in the processes of visa issuance for foreigners, who wish to enter for the purpose of a tourist visit is permitted.

18

http://www.mzz.gov.si/si/zunanja_politika/zahodni_balkan/strategija_do_zahodnega_balkana/, 16. 8. 2011.

13

The agreement itself predicts that such co-operation can be enabled in those third countries, which perform the Schengen legal order entirely, on the condition, that there are Slovene diplomatic representative or a consulate, responsible for decision making in visa procedures, present in the specific country. Ministry of Commerce in co-operation with the Ministry of Foreign Affairs, the Ministry of the Interior and Slovene tourist organizations creates a list of Slovene tourist agencies and companies (national list). Diplomatic consular mission, which is responsible for decision making in specific visa procedures creates a list of foreign accredited tourist agencies, which are placed on the list of so called locally accredited agencies. Further on the Agreement specifically determines that the tourist agencies in accordance with Visa Code are not allowed to charge their own fee for services, carried out with issuance of visas, whereas the time limit of the procedure, implementation of co-operation between diplomatic consular missions and agencies, the consequences of visa misuse and relevant responsibility of an agency, the rules on protection of personal data and other rules of application are clearly defined.

2.2 Agreements with third countries

Historical aspect As mentioned before, Slovenia did not accept the agreements on visa abolishment with the countries of former Yugoslavia, with the exception of Croatia, immediately after becoming independent, thus other ex-nationals of Yugoslavia were required visas for entry to Slovenia. Slovenia has entered into an intergovernmental agreement on visa abolishment with Croatia in 1992 (completed in 1998). With Bosnia and Herzegovina and Macedonia the agreement on visa abolishment had been entered into, but it expired due to the coordination with Regulation 539/2001. Visa regime before the beginning of pre-accession negotiations for entering EU was politically defined. It should be mentioned that Slovenia was the first country in the context of procedures of adaptation to legal order of EU which in the negotiations discussed the co-ordination of national visa regime with the regime of countries in Schengen legal order. Thus Slovenia has completely adopted the so called positive and negative list of Regulation 539/2001. A renewed introduction of visa regime was a significant political shock for Russia and China, and visa regime was introduced also for Turkey, Bulgaria and Romania. After entering EU Slovenia has been actively striving for visa liberalisation for countries of Western Balkans on European level. Present situation Short-stay visas Regulation 539/2001 predicts a complete co-ordination of visa regimes concerning third countries, whose nationals have to have a visa (negative list) when crossing outer borders of member states and those, whose nationals are exempt from that obligation (positive list).

14

Agreements on visa allowance are thus entered into by the Committee in the name of all EU members. Article 4 of the Regulation 539/2001 defines that a member state in the framework of certain categories of people can predict exceptions, which are not subject to visa obligations, as defined by Article 1(1), or exceptions, who are not subject to exemption from that obligation, as defined by Article 1(2), for certain groups of people. Thus Slovenia independently regulates visa regime for diplomatic and official passport holders, conventional passport holders, who do not require a visa, if the passport was issued in a Schengen state. When making a decision to abolish visa obligation for holders of diplomatic or official passports an important factor, apart from the safety component (based on evaluation by Police, Intelligence service and the Ministry of the Interior), are the political relations with the country in question. At the moment Slovenia is negotiating with India. The list of countries with which Slovenia has entered into bilateral agreements is available at web page of the Ministry of Foreign Affairs19.A member state can also exclude from visa obligation refugees with an approved status and people without citizenship, if the third country, where they reside and which issued their travel documents, is one of the third countries listed on the so called positive list. Thus the Government of Slovenia has entered into agreement on abolishment of visa obligation for that category of people on 25.2.2010.20 Long-stay visas In this area Slovenia has entered into mutual agreement with Canada21 and on mobility of young people for the cases, when the applicants from Canada of age between 18 and 35 years, would for the purpose of working in Slovenia (for the reasons of training, practice, traineeship or gaining financial resources) require a residence permit for work. In accordance with the agreement they have been enabled to enter under easier conditions on the basis of long-stay visa and later gain a personal working permit for the time of visa validity. The purpose of the agreement is thus encouraging legal migrations in the context of making the mobility of young people easier. Similar agreement was concluded also with New Zeland22, according to which young people in age of 18 between 30, arriving in Slovenia with turist purpose, may work in Slovenia and acquire personal working permit under less strict conditions.

19

http://www.mzz.gov.si/fileadmin/pageuploads/konzulara/Tujci_vstop_v_Slovenijo_brez_vizumov_slo.pdf, 23. 9. 2011.

20 Order on abolishment of visa obligation for refugees and stateless persons if they possess passport issued by a third country listed in the Regulation 539/2001, Appendix

II, OJ no. 19/2010, 12 March 2010. 21

Act ratifying the Agreement between Republic of Slovenia and Canada on youth mobility (BCASMM), OJ no. 4/2010, 22. 3. 2010. 22

Act ratifying the Arrangement on a Working Holiday Scheme between the Government of the Republic of Slovenia and the Government of New Zealand, OJ, No. 18/2009, 8. 12. 2009.

15

2.3 Changes to Visa Policy and Legislation within context of a common EU dimension

In Slovene context we can speak about a 3-phase adaptation of Slovene legal order and visa policy to the European legal order and policy. The first phase is defined by entering EU from the year 1998 to 2001 or until Slovenian entry in EU. This is followed by the second phase from the year 2004 to Slovenian entry in Schengen area (from 2004 to the end of 2007) and the last phase (from 2008 to 2011) which is defined by the adoption of Visa Code and introduction of visa informational system. Intensive adaptation of Slovene legal order to the European has been in progress since the year 1998. The Slovene Government has ordered to the Ministry of Foreign Affairs by the agreement no. 273-04/98-3 from 8 October 1998 that it should accomplish everything required for the co-ordination of Slovene visa regime with EU visa regime by 31 December 1999. The primary goal of Slovenia was to establish a visa regime following the example of European countries, in accordance with Regulation 539/2001, Common consular instructions and Schengen legislation, which was especially reflected in changes of the AA with statutory regulations.23 With this Slovenia was included in a »twinning« project with the Republic of Austria. Adaptation to the EU legal order was also reflected in the above mentioned changes of visa regime towards the countries of Western Balkans. A great change in the light of politics and historical relations was the introduction of visa regime for nationals of Russia and China. Such an early establishment of “European visa regime” – two years before entering EU, also enabled timely preparation as regards adequate human and technical resources (equipment and space). We could also say that with issuance of Schengen visa Slovenian visa procesdure has de facto passed from politically conditioned to a real administrative procedure. After entering EU Slovene visa policy has almost entirely been conditioned by the EU visa regime. As already mentioned, member states are allowed limited autonomy, which is especially reflected in entering mutual agreements on diplomatic, official and special travel documents and national visas, the issuance of which depends on the purpose of entry. By entering among the countries in Schengen regime and ensuring the respect of Convention on implementation of Schengen agreement the visa procedure has not significantly changed for Slovenia. But it is crucial that the so called “Schengen visas”, which are valid for all member states started being issued. At the same time the so called “system of consultations” among member states was established, serving the purpose of checking the applicants for visa issuance, which is an effective system of preventing illegal migrations. In this phase Slovenia as an outer border guard has taken over a significant role in the light of preventing illegal migrations.

23

AA-1, OJ no. 61/1999, 30. 7. 1999 and AA-1A, OJ no. 87/2002, 17. 10. 2002.

16

Slovenia has formally satisfied the conditions of transferring of Directives 2005/7124 and 2004/11425 with the Act on changes and amendments of the Alien Act - AA-1C26 and by adopting the AA-2 for Directive 2009/5027. However, there is still a difference in opinions whether Slovenia has satisfied the condition which is defined by directives on “ensuring all possibilities for acquiring a required visa”. At the time of changing the AA-2 the Ministry of Foreign Affairs has issued a proposition to issue a long-stay visa, which could be transformed into a residence permit in an administrative unit for the reasons defined by the mentioned directives. The proposition was declined, especially out of the fear of misuses of such institute. The initiative of the Ministry of Foreign Affairs came from the fact that Slovenia is a small country, with only 45 of its own diplomatic consular missions entitled for visa representation, more than a half of which are in EU and are thus from the point of view of visa representation irrelevant. In large regions like Africa there is only one, two in South America and one in Russia. That means that if a person form the above mentioned regions requires a residence permit, even though there is a consulate of another Schengen state, where the person could acquire a visa based on the agreement of representation, he has to acquire the residence permit on Slovene representative office, where the application has to be submitted personally due to acquirement of biometrical information and a personal issuance of the permit is also required. In short, in Slovene legislation there remains a strict distinction between the concept of visa issuance and residence permit, therefore the harmonization of Slovene regime concerning those directives does not reach into the area of visa regime. Since the establishment of Visa Code (5. 4. 2010) visa policy in Slovenia has practically been uniform to EU visa policy, since for entry in Slovenia the most short-stay visas (visa C), regulated by Visa Code, are issued. Only long-stay visas (visa D) remain in national power, which is reflected in the last change of the AA-2. Otherwise Slovenia has not particularly made use of the areas which could have been defined in another way, apart from a few cases.

2.4 Changes to Visa Policy relating to national visas

Visa policy on national visas has not changed significantly and it is focused on encouraging legal and preventing of illegal migrations.

24

Council Directive 2005/71/EC of 12 October 2005 on a specific procedure for admitting third-country national for the purpose of scientific research, OJ L 289/15, 3 November 2005. 25

Council Directive 2004/114/EC of 13 December 2004 on conditions of admission of third-country national for the purposes of studies, pupils exchange, unremunerated training or voluntary service, OJ L 375, 23 December 2004. 26

AA-1C, OJ no. 79/06, 27. 7. 2006. 27

Council Directive 2009/50/EC of 25 May 2009 on the conditions of entry and residence of third-country national for the purpose of highly qualified employment, OJ L 155, 18 June 2009.

17

However, the legislation has changed. The first groundbreaking change was brought by the AA-1, which introduced the divisions on short-stay and long-stay visas. There occurred also a division between a residence permit and a short-stay visa. The AA-1A introduces naming of A, B C and D visas, which are differentiated mostly regarding the longest possible validity time and number of entries. The AA-2 defines the role of national visa in entry address for specific cases: family reunion for family members of a Slovene or EU citizen, holders of diplomatic or official passports, training participants, when there is a special economic interest, interest in the area of science or education, sport work, for cases of media coverage or priest occupation and in strictly defined special cases. Otherwise the purpose of the last change in the AA-2 was to summarize and suitably change the provisions of Visa Code also for the procedures of issuance of national visas with the purpose to establish unified procedures for visa acquirement. The purpose of entry is different in short-stay and long-stay visas, but the goal is to make the procedure of acquirement and checking, together with the required documentation, as unified as possible. An innovation is also the possibility that a foreigner residing in Slovenia on the basis of long-stay visa can be issued a temporary residence permit, if he is fulfilling the conditions for it, whereas the application must be submitted before the visa expires.

3 PRACTICAL IMPLEMENTATION AND ORGANIZATION

3.1 General procedure followed in the stages of Visa Procedure

Visa procedure for issuance of short-stay visas is regulated by the Visa Code, and the procedure for issuance of national visas by the AA-2. As already mentioned, both procedures have been mostly unified by the last change of the AA-2. If not listed otherwise in text, the description is valid for both types of procedures. Visa procedures is administrative procedure, therefore the Act on General Administrstive Procedure (AGAP) is used subsidiary.28 Making an application Visas can be issued by diplomatic consular missions in Slovenia and abroad. In the cases, set by the Visa Code, visa C can also be issued by the border control body of Slovenia or diplomatic consular missions of another state party of the Convention implementing the Schengen agreement, with which the Ministry of Foreign Affairs has concluded an agreement on visa representation.29

28

Unofficial consolidated text of the Legal service of the National Assembly of the Republic of Slovenia (AGAP-NPB5). 29

List of countries with whihc the Ministry has concluded agreement on visa representation is available at the web page of the Ministry of Foreign Affairs: http://mzz.gov.si/fileadmin/pageuploads/konzulara/Annex_28_EN.pdf, 13. 10. 2011.

18

A foreigner can apply for visa issuance not longer than three months before the planned arrival to Slovenia and he has to have a valid travel document, whose validity is at least three months longer than the planned stay. At a diplomatic consular mission the application can be made during office hours (usually from 9 AM to 12AM Monday to Friday). The application can be accepted solely at teller windows, the only exceptions being the Embassy in Kiev (Ukraine) and Moscow (Russia), where based on the Agreement between the Ministry of Foreign Affairs and Ministry of Economy the application can also be accepted by the accredited tourist agencies, which deliver the application to a diplomatic consular mission on behalf of the customer. In the last year an electronic application making was also introduced for such cases. In general, the applicant must make the application in person, but in the case of an organized group the representation by one person is also possible (in that case the interviews, if necessary, can be made on the phone). Exceptions to making the application in person are assessed individually based on the honesty and reliability of the applicant, which is regularly revised. Examples of categories of such people are: official bodies or companies, known to the consulate, where the reliability of the company does not automatically imply the reliability of its employees; persons, who have used the formerly issued unified visas correctly; persons who travel regularly/often with the same purpose (conferences, seminars, lectures, business contacts); persons, who are forced to travel due to necessary medical care and for are not able to come to a consulate for health reasons. Applications are usually accepted by local officials, but always under the supervision of Slovene officials. Information on required documentation for nationals of individual countries is also available on web pages. A local official verifies whether the application is formally complete. In the opposite case he is obliged to issue a form to the applicant in which the information on missing data is listed. Apart from the prescribed documents the applicant must also pay an administrative fee; otherwise the application is discarded by a resolution. According to the AA-2 the family members of the EU or Slovene national, who require the visa for the reason of family reunion, are exempt from payment of administrative fees. Based on the Article 16(5) of the Visa Code Slovenia has also decided for the exemption of administrative fee for: children under the age of 12, when they travel with their parents, holders of diplomatic and official travel documents and representatives of non-governmental organizations, who arrive as participants in seminars, conferences, sport, cultural or educational events. In case of other participants of such events, organized by non-governmental organizations, diplomatic consular missions have a discretionary power to decide on the exemption of administrative fee payment for an individual. The amount of administrative fee for visa D is regulated by the Code on administrative fees (ZUT-UPB5). At the moment it is 71 EUR, since 1. 1. 2012 it will be raised to 77 EUR. After the payment of the administrative fee the customer receives a receipt. When the application is accepted, a stamp is affixed in foreigner’s passport, which serves as a proof of application. The customer is told when to return for the decision. Examination of application In general the conditions for national visa issuance are almost identical to the conditions according to Visa Code. The application can be studied solely by a Slovene official – a diplomat, consul, vice-consul or administrative technical staff, sent to a diplomatic consular mission with the purpose to study the applications. They are specialists in the area of studying visa applications for the purpose of preventing misuse.

19

The basic means used for this purpose are – verification in the national visa system, a formal examination of fulfilment of conditions, an examination of documentations and documents with evaluation of authenticity, evaluation of migration risk, execution of an interview, gradually also biometrics. The first step in verification is always entering the application into the national visa system, which after about 15 minutes provides the information - whether the applicant has ever been in contact with law enforcement authority; whether the applicant is on the so called “black list” of another Schengen state according to the Article 96 of the Schengen implementation agreement; whether the applicant has ever been in the procedure of a diplomatic consular mission or Ministry of Foreign Affairs, that is, whether a visa has ever been approved or rejected, what documentation was provided at that time (thus it is possible to find out and follow the change of applicants’ identit ies) and whether a visa has subsequently been rescinded and for what reason. If the person was entered in the Shengen information system or has a ban from entering Slovenia this presents a reason for rejection of application. In case the person was entered into register for some other reasons, the official does not have access to information why the person was entered. Thus the official has to send an inquiry to the police about whether the person presents a migration risk or not. This is an evaluation made by the police individually. The second step of verification is the so called “system of consultations”, which is regulated by the Visa Code and already incorporated in the national visa system, so the official is automatically notified when entering the application whether a certain Schengen state requires consultation on visa issuance for the person in question. The procedure of consultations normally lasts 10 days. The third step is the verification of “documentation authenticity” and deciding whether an interview is necessary on which the minutes are taken. The evaluation of migration risk is largely dependent on the feeling which an individual gains with work, experience and work with people. The point of view of the Ministry of Foreign Affairs is that in case of a person, who had already been issued a Schengen visa and it was used properly, there is usually no migration risk. The documentation must be provided in original (returned to the applicant, except if it is especially appointed to the consulate) and a photocopy. The AA-2 thus declares that the applicant must have a valid travel health insurance for an insurance sum of at least 30.000 EUR. Certain categories of persons are exempt from providing a proof of insurance according to the AA-2 (especially holders of diplomatic and professional travel documents and foreigners who apply for visa issuance on the border). Apart from the listed the foreigner must prove that he has sufficient funds for survival. In the case of visa C the amount of means is described in the regulation which regulates implementation of the Schengen border Code.

20

A foreigner applying for issuance of visa D must have funds available in the amount of a basic amount of minimum income in Slovenia,30 which can be proven by cash, travel checks, credit card, guarantee letter, a proof of paid accommodation as a part of a tourist package or in any other way proving that funds necessary for his stay in the country are available. For visa D issuance he has to state one of the purposes of the stay, regulated by the Articel 20 AA-2. In the procedure of verification Slovenia does not demand or use medical tests. Health risk could present a reason for refusal of visa issuance in the light of epidemic and transmissible diseases prevention, which could present a risk to public health.31 Proofs which must be provided depending on certain purpose of stay are not specifically defined (in general in the Visa Code Appendix) and on the Ministry of Foreign Affairs web page,32 otherwise there are exact lists for every location and region and every purpose of travel in the process of creation on the level of EU. They are prepared by the consuls of member states. From here on the consul is moving in the framework of discretionary decision making based on the specifics of individual countries. Visa procedure on Slovene diplomatic consular missions officially lasts 15 calendar days and in practice 5 working days on average. For persons already in possession of Schengen visa the practice is for the visa to be issued the next day, if the person is known to a diplomatic consular mission as trustworthy. In the case of application rejection a diplomatic consular mission has to fill in a standardized form for official information on issuance rejection and decision reasoning, where the reasons for rejection are specifically listed. Issued visa D is serviced in person at the responsible body. Visa issuance rejection order, decision on termination of the procedure and decision on refusal of the application are serviced either in person at a diplomatic consular mission or by mail in accordance with country regulations, where the diplomatic consular mission is situated, in a way which enables the confirmation of receipt. If the service cannot be carried out in this way, the order or decision is published on a notice board of a diplomatic consular mission and on a unified state portal site e-government in accordance with provision of the AGAP. The Ministry of Foreign Affairs decides on complaints against the order and actions issued on the first level by diplomatic consular missions. Administrative fee for filing a complaint is 153 EUR (ZUT-UPB5) but is refunded in the case of a successful complaint. An administrative dispute is possible against the decisions of Ministry of Foreign Affairs by filing a lawsuit on Administrative court.

30

From 1 July 2011 basic amount of the minimum income is 230,61 EUR. Minimal income is an income regulated by the act on social protection and defined as income needed for survival. Amount depends on the growth of price of life necessities and is published in the Official Journal. 31

Article 20(2) of the AA-2. 32

http://www.mzz.gov.si/si/konzularne_informacije/vizumske_informacije/za_prosilce_vizumov/, 7. 10. 2011.

21

Entry, stay, exit Slovenia does not recognize a possibility of application withdrawal, since the fee is paid with filing an application and thus the body issues a decision in any case, and there is also no possibility of visa transformation, but a visa can be extended in the area of Slovenia by the Ministry of Foreign Affairs. The police, Ministry of Foreign Affairs and diplomatic consular missions are responsible for visa annulment, in case the foreigner has not yet entered Slovenia. The Police implements control of entry, stay and exit of foreigners. The police is also responsible for withdrawal and annulment of visa. The foreigner is rejected the entry in Slovenia according to the procedure and for the reasons, regulated by the Schengen border Code, and the minister of the Interior describes the reasons for entry rejection due to threat to public policy, internal security or public health in detail.33 The foreigner can file a complaint against the entry rejection in eight days. The Ministry of Foreign Affairs decides on the complaint. The complaint does not withhold the execution. Against the decision of the Ministry an administrative dispute by filing a lawsuit on Administrative court is possible. The Ministry of Foreign Affairs is responsible for issuance of visa D to a foreigner already residing in Slovenia and did not require a visa for entry, and the permitted period of a three-month stay must be extended for extraordinary reasons.34 The application for visa issuance must be filed before the expiry of the permitted three-month stay. The Ministry of Foreign Affairs is in cases and in the way, specified in the Visa Code, also responsible for extension of short-stay visas.

3.2 Visa issuance for the purpose of legal immigration - specific visa procedures

3.2.1 Visa Practices for admission of third-country nationals

Article 8 AA-2 regulates that for entry in Slovenia a foreigner must have, apart from valid travel documents also a visa or a residence permit, issued by a Slovene body or a State Party of Schengen Agreement. In practice a permit for temporary stay is used more often for legal migrations into Slovenia, especially for the reasons of work or employment, since it enables a substantively different and longer stay. Visas are used more for the purpose of a conference visit, business or tourist visits, whereas Slovene bodies issue mostly visas C and less visas D. Scenario 1, which regulates that visa acquisition is a condition for gaining a work permit, where the conditions for issuance are verified in foreigner’s country of origin, is not implemented in Slovenia.

33

Article 131.of the AA-2 regulates, that executive regulation must be issued in six months after the adoption of the law, which is until 27. 1. 2012. 34

Article 20(2) of the AA-2.

22

The main scenario for Slovenia is scenario no 4. According to scenario 4 visa itself is a permit for entering and stay in Slovenia, thus a residence permit is not required. Visa conditions are primarily verified in the country of origin, except in special cases, when the visa needs to be extended or issued at the border. Thus we talk about short-stay visas in accordance with Visa Code and visa D for long stay. Article 19 of the AA-2 regulates that visa D is issued for the planned period of stay of the foreigner in Slovenia, but no longer than for one year. The reasons for issuance of this visa are defined in the Article 20 AA-2 (especially family reunion in case of a EU citizen, performance of mandate at a diplomatic consular mission or an international organization, education, existence of economic interest, interest in the area of higher education and science, sport work, accredited journalist work, minister of religion, charity or humanitarian work). As predicted by scenario 3 a residence permit for entering Slovenia can be acquired in the country of origin and in that case it is not required to gain a visa for entry. Especially the first temporary residence permit is gained in this way. Otherwise it is common practice that a residence permit can also be filed for by another person with the responsible body in Slovenia (at the administrative unit) and not only at a diplomatic consular mission. As mentioned, the difference between a visa and a residence permit is in the purpose and the length of stay. A temporary residence permit is usually issued for the reasons of employment or work, family reunion and education. A novelty is the possibility of use of scenario 2. This was only introduced by the Article 30 of the AA-2 in which regulates that a foreigner residing in Slovenia on the basis of a long-stay visa can be issued a temporary residence permit, if he fulfills the conditions of the issuance of permit, regulated by the AA-2. An application for issuance of permit must be issued before the expiry of long-stay visa at the administrative unit (responsible for issuance of residence permits) in the area of which the foreigner resides.

3.2.2 Challenges and success factors for facilitating legal immigration

In the process of adaptation to European legal order Slovenia has established a national visa information system called VIZIS, with the purpose of computerising the procedures of visa issuance and issued visa data processing, thus we are talking about success regarding managing of legal and illegal migrations. The system namely enables a simple and fast verification of data on applicants in relevant registers, gaining of information for later analysis, an effective control over visa issuance and a financial control over business. The system has enabled an improvement of the technical quality of visa stickers, which was necessary for ensuring greater safety and credibility of Slovene visa. It is also very important that the system operates as a link between diplomatic consular missions, Ministries of the Interior and Ministries of Foreign Affairs (Lojid 2009, page 28).

23

The opinion of the Ministry of Foreign Affairs is that Slovene visa procedures are performed relatively well, which is a feedback of Slovene and foreign safety bodies, since only one to two Slovene visas are withdrawn per month and that is also the number of complaints. A positive feature is also the access to comprehensive consular information for foreigners on-line, including the necessary forms and exemption from paying of administrative fee for certain categories of people. The greatest challenges of Slovenia are currently the introduction of visa information system (VIS) in October, the introduction of entrusting the acceptance of visa applications to companies (outsourcing) and ensuring representation by other Schengen states. Ministry of Foreign Affairs is currently in the procedure of choosing a provider in larger countries like India, Russia and China, where the desire to establish widespread branches on condition of an acceptable financial price and the provider’s capability to ensure taking of biometrical data, since the tourist agencies are not competent for the latter. In any case Slovenia with its numerous agreements on visa representation with other countries has ensured a greater access to visa procedure, which is a step towards promotion of legal migrations. Apart from this there are over hundred new locations in the process of negotiation and it is the only “new member state” to have so many locations for visa business available.

3.3 Visa procedures for the purpose of preventing illegal migration

Actions in visa procedure serving the purpose of preventing illegal migration are partly described above in Chapter 3.1, since it is difficult to distinguish among all aspects. Below only the ones for prevention of illegal migrations are described in order to minimize duplicating the procedure and mechanisms description.

3.3.1 Prevention of illegal migration during visa issuing and monitoring process

Filing an application Article 24 of the AA-2 regulates that a guarantor who invites a foreigner for a private or business visit must write a guarantee letter with which he is liable to ensure accommodation or cover any expenses for accommodation and his return to the country of origin. He is also liable to cover any expenses of accommodation in the Aliens Centre, Asylum centre and the expenses removal of the foreigner from the country. The guarantor must record the guarantee letter at an administrative unit where the record of notarizations of guarantee letters is kept. Before the visa is issued a responsible body must verify the credibility of the guarantor and his ability to cover the expenses and ensure accommodation. In the case of a natural person those verifications are carried out on the basis of records kept by a tax authority (including those labelled as tax secret). At the same time an official must verify the invited person or the applicant for visa, especially from the credibility aspect, that he does not present a threat to public order, safety, public health or Slovenia’s international relationships.

24

The AA-2 regulates the items in the guarantee letter in detail and based on the fact whether the guarantor is a natural or legal person, which enables an efficient verification of condition fulfilment and a risk evaluation (thus a guarantee letter of a legal person must also include information on the means of establishment the first business contact with the foreigner). The guarantor can also be a foreigner residing in Slovenia on the basis of a temporary residence permit or a confirmation of residence report, which must be valid at least three months after visa expiry, which is issued to the foreigner for whom he is liable. Examination of application A consulate verifies the purpose and regularity of the planned stay and the papers and documents of the applicant on the purpose and regularity of the planned stay. A larger number of invitations by the same host can mean that the purpose of the travel in illegal immigration and/or employment. When the applicant files the application the consulate requires as much information as possible, apart from accompanying documents, in order to check the purpose of travel. The consulate must therefore verify especially: whether the travel document has a stamp, from which it can be seen whether the holder has ever filed an application, which a consulate of another member state viewed as admissible, but the visa was not issued. In such case the consulate which provided the stamp must be contacted in order to establish the reasons why the visa was not issued; whether the purpose is in accordance with stay not exceeding three months: if it is clear from the accompanying documents that the planned stay would exceed three months in a period of six months, the visa is not issued, however, in accordance with national law a possibility for issuance of a national long-stay visa or a residence permit are considered; whether the listed purpose is coherent and credible and whether the accompanying documents are in accordance with the listed purpose; whether the purpose of the travel is justified (there can be a purpose of misuse of social care system in a member state for the application for health care visa in the case the care can be provided on a local level); whether a pattern for illegal employment or immigration can be detected from the purpose of travel: if individual applicants from the same region always book the same hotel, this can be suspicious; whether the purpose is in contrast with the national interest of all member states or a certain member state due to safety, public order or exterior relationships. The consulate verifies the reasoning of the applicant considering the conditions of the planned stay: accommodation during stay; that the applicant has substantial funds, both for the time of stay and for the return to the country of origin or the country of his permanent residence or transit to a third country, in which he will undeniably be accepted, or that he is capable to gain such funds legally; When evaluating the means of subsistence reference amounts regulated by each member state must be taken into account. The consulate must verify the following: if no ticket was provided it must be verified whether the applicant has substantial funds to purchase a ticket; if an applicant wants to leave the territory of member states with a personal vehicle the consulate can demand a proof of such personal vehicle (registration, insurance) and driving licence or a pilot’s licence.

25

The consulate can require the documents about the state of this vehicle; if the applicant has provided a ticket for further travel it must be verified whether he is in possession of a visa or any other document enabling him to enter the target country. The consulate must evaluate the amount of the funds required for stay as well as reliability of the funds listed by the applicant. The consulate must always evaluate how reliable the means of subsistence listed by the applicant are considering the local conditions. In case the applicant himself covers the travel expenses he must provide a proof that he has the required means, for example wage bills or bank statements, whose reliability and stability can also be verified. When the application includes a guarantor’s liability the personal relationship of the guarantor and the applicant is also subject to verification and can be conducted with separate (also by telephone) interview with both. The verification, whether for the foreigners or their guarantor there is an entered action at the secret intelligence service is a key factor. Except in the case of entry rejection or an action in police records a diplomatic consular mission which handles the application must forward a request for opinion on visa issuance to the police. A diplomatic consular mission can also send a request to the police in the case when there is no entered action but it decides that it would help with the clarification of circumstances. Those requests are forwarded in an electronic or written form and the police should provide the opinion no later than in 15 days. In case this is not done it is considered that it approves the visa issuance.35 Apart from the basic verification in the national visa system, which already includes the verification by the police and consultation with Schengen states, which has been described above, the verification is carried out on the basis of data in criminal record, the record of final charges decision on offence, kept by the ministry responsible for administration of justice, records final charges on offences, kept by offence bodies and information on filed final charges and issued non-final charges kept by the relevant court. In those records it is verified whether there exist serious reasons for doubt that the foreigner might present a danger for public order and safety or international relationships of Slovenia and whether there is doubt that his stay in the country will be linked to performance of terrorist and other aggressive acts, illegal intelligence actions, production or traffic with illegal substances or performance of other criminal offences and whether there are reasons to believe that the foreigner will not subject to the legal order of Slovenia, which are all reasons for long-stay visa rejection. Existence of the mentioned reasons can also be established based on the information gained from official records or administrative documents of other countries in possession of Slovene or other diplomatic consular missions. Unfortunately Slovenia does not have financial means to employ experts on falsified documents on diplomatic consular missions. At the Ministry of Foreign Affairs it was explained that a reasonable number of consuls are former police officers with such knowledge and they are usually sent to problematic locations (e.g. Russia, Ukraine, etc). The others take part in a seminar where experts on this field provide the knowledge on the ways of recognizing and feature of falsified documents before they leave.

35

Article 21 of the AA-2.

26

Otherwise Slovenia also has its own database of specimens and falsified documents so the documents can always be verified and compared and it is accessible to everyone in diplomatic consular missions. Apart from this UV or infrared light is also used for verification. Entry and stay At the border a repeated verification of the purpose of entry, visa validity, financial means and verification in the national and Schengen information system are of key importance. When verifying the purpose of entry the police has practically unlimited ways of verification – from the basic ones, for e.g. verification of hotel reservation (a purpose of tourist visit or visit of an international fair is often misused, where the hotel reservation is reversed after the visa is gained). In case the primary purpose is not confirmed, the visa is annulled and a form and decision on visa annulment are issued. Visa annulment is also possible as a result of police verification inside Slovenia. When leaving the country the validity of visa is controlled. In case the date of authorized stay is exceeded the AA-2 and Minor Offences Act (ZP-1-UPB8) regulates a financial penalty pronounced and defined at the border.

3.3.2 Prevention of illegal migration through other measures during visa issuing

In the opinion of the Ministry of Foreign Affairs there is an emphasis on the training of employees, a good information system and the formation of “black lists”. A regular task of the Ministry of Foreign Affairs is also monitoring the statistics: if there are anomalies, a reason is established and diplomatic consular missions are informed. A system of “feedback” from the Ministry of Foreign Affairs and foreign and domestic security bodies to diplomatic consular missions is also necessary and used in future visa procedures. Thus there is a routine, that whenever a Ministry of Foreign Affairs gets information of visa annulment, it verifies who the person is, their history, a potential guarantor of such foreigner (e.g. how often he was a guarantor in visa and other proceedings). The goal is that in every case of visa system misuse there is a restoration of deficiencies in specific cases. Before being sent to a diplomatic consular mission every employee takes part in a comprehensive training programme, comprising preparations in different sectors and exterior services of the Ministry of Foreign Affairs (dependant on location and area where the person will be sent), but always in a consular area, since the consular sector is the so called main sector of training. Following the preparations the person must pass a consular exam. The employees also take part in trainings of Criminal Police Directorate, Slovene Intelligence-Security agency and Border Police. From this year on a more organized form of training in recognizing falsified documents, carried out by experts from the National Forensic laboratory, is going to take place. Trainings will be carried out for one to two diplomatic consular missions per year and will specifically focus on the documents present there. Apart from that there are consular consultation sessions of all diplomatic consular missions in Slovenia and regional consular consultation sessions, organized for several countries depending on similarity of issues/need for training, on yearly basis.

27

This year, based on Foreign Affairs Act (ZZZ-1 UPB-1), which regulates the area of action of diplomatic consular missions, a Regulation on control in representations of the Republic of Slovenia abroad was adopted, predicting specialized control prepared, organized and carried out by the main diplomatic controller. The police also points out that training of police officers about document validity, false documents, visas, forms and residence permits recognition, is of key importance and they have noticed extreme success. Both border police officers and others are trained. Police also performs training for consular personnel. The use of a unified computer system FADO, which is actually a system of Frontex, is very important. Police also has its portal on falsified documents available only to the police officers. Modern technical and electronic equipment is used, which enables efficient field work and creation of analyses of risks of illegal migrations, whereby they comprise data from all relevant operators on national and international level (Europol, Interpol, Frontex, international non-governmental organizations, experience of Slovene diplomatic consular missions) and thus they can very carefully predict the level of risk and relevant actions. This system is used with every visa liberalization (and other events effecting migratory movements). The police points out that so far every prediction has come true and thus they were able to effectively adapt required activities on borders, at the green border, in the interior and connect to certain other countries for the benefit of more successful prevention of illegal migrations. Apart from that police officers are sent to joint operations abroad and foreign police officers arrive to Slovenia for joint operations.

3.3.3 Challenges and success factors for preventing illegal migration

According to the Police the unification of visa policy, safety mechanisms and information technology (Schengen system, VIS) itself lowers the threat of illegal migrations. Otherwise Slovenia does not have special visa agreements concerning this aspect, but it does have numerous readmission agreements, which are key factors in the strategy of effective returning to countries of origin and neighbouring countries. Article 16 of the AA-2 regulating the responsibility of transporters bringing a foreigner to the external border in any way is very effective. If the foreigner is denied entry in Slovenia, the transporter is responsible for returning him to a country (where he came from, which issued the passport or the country willing to accept him) based on police demand. When he is not able to take him from Slovenia he must immediately find another transporter to do so at his own expense. He must also cover the expenses of accommodation and removal of the foreigner. All the things mentioned are also valid for foreigners travelling in transit and another or the same transporter does not accept them for further travel or he is denied entry into the country he is travelling to and was returned to Slovenia. The police emphasizes direct and effective co-operation of all responsible bodies – diplomatic missions, the Ministry of Foreign Affairs, the Ministry of the Interior and the Police in the light of enquiries and information exchange, which is very important for a systematic approach in managing illegal migrations concerning visas as a great success.

28

For Slovenia the greatest challenge was the entry into Schengen legal order and assumption of responsibility in the light of prevention of illegal migrations to other member states, both from the aspect of a guardian of external EU border and issuing of Schengen visas. Consequently Slovenia experienced most violations on exit from Slovenia or EU area. Otherwise Slovenia did not encounter key problems with illegal migrations in the area of misuses of visa procedures or issued visas but in the area of residence permits, since it was the case that it was more difficult to acquire a Slovene visa than a residence permit, thus Slovenia is/has dealt with prevention of such misuses more intensively.. Position of Slovenia as regards discussions on abuses of the asylum systems and other problems that arose after visa liberalisation for countries of Western Balkans is that visa liberalisation should not be maintained for any price. However, cleand and unambiguous criteria shall be set for procedure on decideing about change of such regime in order to be able to lead a “transparent visa policy”. Long term goal is to introduce visa liberalisation also for countries of Ukraine, Moldova and Russia, which is supported by Slovenia. As a future challenge during this visa liberalization, the Police envisions only a possible hazard in the area of organized criminal, which is present in this countries.

4 CO-OPERATION WITH THIRD COUNTRIES

Republics of Serbia and Turkey were selected for the case study. Western Balkans is a priority field of interest and action for Slovenia. Slovene interest in Western Balkans is not only economic, although it is not irrelevant that it is the second most important market considering the scope of goods exchange. Slovenia would like to contribute to stability, economic and social development of those countries with which we are also bound by a common history, culture and linguistic relations. Thus it is almost logical that a country from Western Balkans was chosen as one of the case study countries. In the last ten year period (as demanded statistic period by study specification) Serbia was also regarded as one of a migratory most risky states in relation to Slovenia. In general Serbia and Turkey are rather different with regard to political, social, cultural, economic and historical relations with Slovenia. On the other hand they share a key connection since both countries are a part of the so called western Balkan route, which is crucial for the study of migration channels in Slovenia. The entry point of the so called western Balkan route is the Greek external border with Turkey. One branch leads towards the sea to Italy and the other goes through former Yugoslav countries – one path goes through Serbia and Croatia to Slovenia, the other through Montenegro, Bosnia and Herzegovina to Croatia and Slovenia and the third avoids us and goes from Serbia and Hungary to Austria. Another connection deals with the fact that citizens of both countries are leaders in the number of issued Slovene visas (when looking at the past ten year period) and also leaders in the number of illegal entries or passages in Slovenia.

29

Therefore the information that with liberalization of visa regime, which allows the Western Balkans citizens entry in Schengen area without a visa the number of illegal passages of citizens of both countries, has decreased is no surprise (Hočevar, 2011).

4.1 Republic of Serbia (Montenegro and Kosovo)

Slovenia and Serbia are closely connected, especially historically, in the light of common state history and consequently also politically, economically and culturally. This connection is also confirmed by recent Slovene strategic documents – Strategy of economic migrations for the period from 2010 to 2020 and Guidelines for action of Republic of Slovenia towards Western Balkans. Diplomatic relations between the countries were established on 9th December 2000. Slovenia supports Serbia in its efforts for membership in Euro-Atlantic Integrations and is a consistent supporter of spreading of European Union to Western Balkans. It helps Serbia in the form of sharing its experience, gained with its joining EU. Interstate relations were upgraded with Slovene ratification of Agreement on stabilisation and joining of Serbia to EU (20th October 2010) and in bilateral relations with the establishment of social agreement between Slovenia and Serbia (1st November 2010), which also enables payment of pensions to Serbian citizens who worked in Slovenia. Bilateral co-operation between the countries was marked by solving succession questions in the former Social Federal Republic of Yugoslavia, especially the property of Slovene companies in Serbia and distribution of property of former common diplomatic consular representatives. In the last decade Serbia was subject to large political changes, which are also of key importance when observing the link between visa policy and migratory movements. Since 1992, when Socialist Federative Republic of Yugoslavia fell apart, up to 2003, Serbia and Montenegro formed Federal Republic of Yugoslavia . In 2003 Serbia became a part of Serbia and Montenegro. On 21st May 2006 the citizens of Montenegro decided on a referendum for the independence of the state. On 7th February 2008 a former Serbian autonomous province Kosovo also became an idependent state. As soon as in 2002 and 2003 Serbia and Montenegro have started preparations for establishment of a better political and legislative framework for liberalization of visa regime and the reforms necessary in that area. Thus in 2003 the Council of Ministers adopted a decision on unilateral visa abolishment for citizens of 40 most developed world countries, including all EU countries and candidates for entry. As a response to the mentioned signal in 2003 he government of Slovenia has enabled the citizens of Serbia and Montenegro a transit or a shorter stay up to 90 days in Slovene territory without obligation to acquire a visa, on the condition they have a valid Schengen visa or a residence permit of the Schengen area countries. Further greater changes in the area of visa policy took place on the EU level. In 2008 first the agreement on simplifying visa procedures and in 2009 visa liberalization took place.

30

It should be pointed out that the agreements on simplified visa procedures for citizens of the countries of Western Balkans were generally conditioned with an effective return of their citizens who are residing illegally in the area of EU and the return of third country citizens, who travelled through those countries or gained their entry visa. Thus Serbian citizens do not require a visa to enter Slovenia, except in the case the person is not a holder of a biometric passport or if the passport was issued by the so called co-ordination office in Belgrade (Koodinaciona uprava). Slovenia has an Embassy of the Republic of Slovenia in Belgrade. It should be mentioned that after the split-off of Montenegro and Kosovo it established Embassies in both countries, in Podgorica and Priština. Embassy of the Republic of Slovenia in Priština started issuing visas and residence permits on 29th March 2010 and it took over all other consular tasks, which could be sorted in Macedonia, at the Embassy of the Republic of Slovenia in Skopje up to that moment. An overview of agreements and political decisions dealing only with visa policy on the level of bilateral and multilateral relations (EU):

- Agreement between the Government of Slovenia and Federal government of Federal Republic of Yugoslavia on visa abolishment for diplomatic passport holders, 2nd November 2001;

- Decision of Council of Ministers of Serbia and Montenegro on visa abolishment for Slovene citizens up to 90 days for all types of travel documents, 29th May 2003;

- Decision on facilities for travels of citizens of Serbia and Montenegro to Slovenia, 9th June 2003; - Decision of the Government of Slovenia to abolish visa obligation for citizens of Serbia and Montenegro, who are holders of official

passports, 27th May 2004; - Agreement between European Union and Republic of Serbia on simplifying visa issuance, 1st January, 2008; - Decision of the Government of Slovenia on complete or partial annulment of agreements on facilities for travels of citizens of Serbia and

Montenegro to Slovenia, 20th March 2008; - Decision of EU Ministers of the Interior on visa-free travel regime for citizens of Serbia with the day 30th November 2009, valid since 19th

December 2009. Findings With citizens of Serbia Slovene Police is encountering a great number of denied entries due to existing entries in SIS, with misuses of entry addresses, unjustified applications for international protection, residing after the expiry of allowed period and moonlighting. Despite a considerable connection and family roots Slovenia in not a primary country of destination for Serbian citizens. Those are countries, which represent a possibility for an improvement of economic-social status. They are Germany, Austria and the countries of Benelux.

31

On the basis of legal entry absolutely most of them arrive to Slovenia for reasons of work. In 2010 the number of Serbian tourists was significantly increased mostly due to liberalization of visa regime at the end of 2009. At Slovene embassy in Belgrade visas are mostly issued for the purpose of personal visit (from 2001 to 2010 altogether 85,625 visas ) and for business visits (in the same period altogether 84,073 visas), followed by tourist visas, whose number in growing significantly in the observed period (altogether 16,871 visas). D visas are issued very rarely and only for reason of family reunification. There was a drastic fall of issued visas in year 2010 (39620 in 2009 and only 843 in year2010), which is absolutly a result of visa liberalisation. As already mentioned, visa liberalisation has surely resulted in decrease of number of Serbian citizens illegaly entering Slovene territory, but on the other hand, we can see that in year 2010 number of Serbian citizens illegally residing in Slovenia has increased, which also undobtudly confirms nexus between visa liberalisation and illegal migration for reason of persons, who have overstayed in the EU after their visa has expired. This is confirmed also by great increase of nuber of refused entries to Serbian citizens, because of exceeding allowed period of stay for 3 months in a 6 months period (until year 2009 this number is statistically irelevant, (only one refusal on this ground was detected in year 2009), however in year 2010 nuber increases to 182 persons rejected on this ground). Very interesting is also increase of rejections at external borders for reason of insufficient means for living and return, which might be connected with greater migration influx of persons after visa liberalisation. It is impossible to undoubtdly conclude that visa liberalisation has affected increase of rejected entries for reason of false visa or residence permit in 2010 as well, as this categoris are statistically not divided.

4.2 Republic of Turkey

Apart from being perceived as quite a closed country, Slovenia and Turkey have never been very intensively linked for historical reasons, geographic remoteness and differences in socially-political and cultural views. However, from a yearly report for 2010 issued by the Ministry of Foreign Affairs it can be deducted that the Republic of Turkey and Republic of Slovenia are traditional friend states. In 2010 this was also confirmed by both countries, which was reflected in continued relationships and dialogue on the highest political level. Mutual co-operation encompasses a number of bilateral and multilateral aspects and projects, which are a reflection of excellent, multilateral and in-depth relations. There are many contact points where both countries have found excellent synergy and possibilities for long term co-operation. We should mention especially the mutual interest in stability, security and development of Western Balkans. An important framework of co-operation rises from European context or Turkish European assession process. Slovenia supports accession negotiations for membership of Turkey in EU which is in Slovenia’s opinion in mutual interest of EU and Turkey. Economic co-operation proved to be relatively stable even in the time of crisis, which proves the existence of numerous good economic links, and the scope of goods exchange over the years is growing, which places Turkey in the 21st place among Slovenia’s foreign trade partners.

32

Understanding between the countries can also be recognized based on the fact that on 26th August 2010, just before the start of the world basketball championship, the Republic of Turkey has abolished visa necessity for citizens of Republic of Slovenia. Visa abolishment concerns persons travelling for the purpose of a tourist, personal or business visit, residence without visa is limited up to 90 days in the period of six months. For Turkish citizens there visa is still required, which was reintroduced in 1999 due to adaptation to EU legal order. Turkish citizens require a visa to enter Slovenia, exceptions are: - holders of Turkish diplomatic, special or official passports, visa for residence up to 90 days is not required; - transit visa is not required for citizens of Turkey who have a valid residence permit, issued by Switzerland or Liechtenstein as listed in Appendix 2 of Decision no. 896/2006/EC. Turkish citizens can apply for visa at Embassy of Republic of Slovenia in Ankara or at General consulate of Republic of Hungary in Istanbul. When observing the last ten year period it can be concluded that Embassy in Ankara issued most visas for business reasons, followed by sport activities, tourism, transit (explained below) cultural activities, visas issued to truck drivers, for personal visit or congress, symposium or seminar visit. Turkey was selected for case study because it represents the gate in the so called Western Balkan route, which results in a great number of Turkish citizens treated for illegal transit/entry to Slovenia or because of misuse of legal entry purpose of visit (under the supposition of a business or tourist visit based on legal entry, especially to Bosnia or Croatia), but it must be noted that in past years, refusal rate at the Slovene external borders is decreasing. For years Slovenia is encountering Turkish applicants for international protection due to Kurdish nationality, although for them Slovenia is usually only a transit country, target countries being mostly Austria and Germany. Despite a constant number of illegal migrations Slovenia and Turkey have not managed to conclude a readmission agreement. The Police emphasisezed that returns to Turkey are are being quite difficult. The fact that a great amount of Turkish freight transport, mostly directed towards Germany, passes through Slovenia is also a reason for Slovenia being under a strong migratory movement of citizens from Turkey. Apart from that Slovenia has a direct airline connection to Turkish capital. This aspect is also a key factor for judging the link between management of legal and illegal migrations and visa policy. An overview of agreements and political decisions considering visa policy on the level of bilateral and multilateral relations (EU):

- Agreement between the Government of Socialist Federal Republic of Yugoslavia and Government of Turkey on visa abolishment ceased to be valid on 31st December 1999 due to Slovenia’s adaptation to EU legal order;

- Agreement between the Government of Slovenia and Government of Turkey on visa abolishment for holders of diplomatic, special and official passports, 1st January 2000;

- Decision of the Government of Slovenia on facilities for travels of citizens of Bosnia and Herzegovina, Macedonia, Russian Federation and Turkey to Republic of Slovenia, 26th July 2001, which was annulled with a decision of Government on 20th March 2008;

33

- - Government of Turkey has abolished visa requirements for Slovene citizens on 26th August 2010. -

Findings In case of Turkey, we can speak only about an indirect nexus between visa policy and migration, since reason for increase in number of applications of Turkish citizens for transit visas in 2010 (643 issued visas in year 2010, 9 in year 2009, 74 in year 2008 and 8 in year 2007), lays in the change of visa policy in Germany (and Denmark) due to a judgment of Court of Justice of the European Union in the case C-228/06, Mehmet Soysal and Ibrahim Savatli on 19th February 2009, according to which truck drivers, operating mostly on relations Germany – Turkey do not require visas to enter Germany (and Denmark). The court has decided that Turkish citizens residing in Turkey and travelling to a member state for the purpose of provision of services for a company based in Turkey do not require a visa for entry the territory of that state, if the member state in question did not require such a visa, when the Additional protocol started to be valid on 23rd November 1970 to the Agreement of Association between the European Economic Community and Turkey on 12th September 1963. In theory Turskish citizens require a visa to enter one or several member states for short stay (at least three months in a six-month period). However, Turkish citizens residing in Turkey and engage in business there, can enter a member state without visa for the purpose of engaging in business in the territory of that country when the following conditions are fulfilled: 1. Entry without visa is possible only to Germany and Denmark (because those two countries did not require visas for Turkish citizens entering their territory for engaging in business on the day when the Additional protocol became valid). If a Turkish citizen wishes to enter the territory of one of the mentioned member states across the territory of one or several other member states, he still requires a visa for transit across territories of those other member states. 2. The purpose of visit is in the area of “provision of standstill” of the Additional protocol, which is in cases for which on the day of validity of Additional protocol for Germany and Denmark those member states did not require visas for Turkish citizens entering their territory for engaging in business. For Germany those are the cases when a Turkish citizen residing in Turkey and engaging in business there enters German territory to reside for up to two months: for legal engagement in business in that territory as a worker of an employer based in Turkey, that is as a mobile worker (driver), working in cross-border transport of passengers or goods (without the activities of sales representatives) or for performing the work of assembling, maintenance or repairing of delivered factory equipment or machines; or for legal performing of services in this territory which comprise paid lectures or performances of special artistic or scientific value or paid sport performances. In any case the Turkish citizen, who does not have a visa for member state in which he is planning to perform services at the external border, must prove that he fulfills the conditions for exemption of visa requirement as above defined provider of services. Turkish citizen must prove that he has a legal registered office (for example by providing a certificate from Chamber of commerce or any other proof that he is actually performing the services in Turkey) and when his employer must have a legal registered office in Turkey and he is legally employed by that employer and travels for the purpose of temporary performance of services in the member state in question (for example by providing a contract awarded with the user of the service).

34

Although the Turkish citizen is exempt from visa requirement for entry in the territory of Germany or Denmark, for example for the purpose of driving a truck or delivering goods to a German or Danish company, visa is still required for transit across other member states. If the Turkish citizen applies for a short-stay visa in German or Danish diplomatic consular mission, they inform him that he can use the benefit of visa exemption for entry in Germany or Denmark and that visa will not be issued. But he is also informed that he requires a visa for a certain part of his travel. Since the Turkish citizen does not require a visa to enter a member state, which is his target state, but to transfer across other member states, he must apply for visa in a consular representative of the member state of the first entry into Schengen area. In specific cases those are the representatives of Slovenia and Hungary in Turkey. It would be very interesting to analyze possible change of statistical data regarding legal and illegal migration of Turkish citizens after introduction of visa regime in end of year 2009. Unfortunately, the Police has on disposal statistical data on refusal of entries and illegal migrations only from year 2000 on. Therefore this event could not be statistically evaluated.

5 EFFECTS OF EU POLICY AND LEGISLATION

Above the adaptation to EU legal order in the area of visa policy were summarized in 3 phases (intensive adaptation of Slovene legal order to the European one, which lasted from years 1998 to 2004 whereby the Slovene legal order should have been coordinated with the European until 31. 12. 1999; after Slovenia’s entry in EU until 2008 (adaptation to Schengen legal order) and from 2008 to 2011 (establishment of Visa Code and progressive introduction of VIS). The European system brought the greatest changes to Slovene visa policy, legislation and practice in the following three areas:

- changes in the Aliens Act - visa exemptions and facilities - effective control over visa procedures

Otherwise it must be emphasized that Slovene visas are issued primarily for the purpose of visits and not so much as a migration channel. As a migration channel procedures for gaining residence permits for the purpose of work, employment, family reunion or studies are much more interesting in Slovenia. This is also confirmed by the fact that the three key directives from migration acquis (2005/71, 2004/114 and 2009/50) are transposed to Slovene legal order (in the AA) through the institute of residence permit and are as such practically excluded from visa policy.

35

Changes of the Aliens Act From 1998 to 2002, which was a period of pre-accession EU negotiations, Slovenia adapted its visa policy to the European legal order intensively and thus formed visa procedures as politically independent administrative procedures, which was also enabled by documentation defined in great detail, which must be provided with the application for visa issuance. In the last year the adoption of Visa Code, which upgraded the non-statutory Common consular guidelines and transferred a substantial part of visa legislation exclusively on supranational level, so the procedures of national visa issuance were the only ones left in the responsibility of Slovenia, was of great importance. Since the adoption of Visa Code and, consequently, the new AA-2 a possibility of complaint against a rejected application is regulated, while earlier only an administrative dispute was possible. Slovenia has not used the optional one-year delay for introduction of complaint, but decided for immediate introduction so it could collect experience for the period when the complaint became mandatory. After a trial period and numerous misuses of complaint procedures Slovenia decided to introduce a relatively high consular fee of 153 EUR which is refunded in the case of a successful complaint. In the opinion of the leader of consular sector the procedures are nowadays more transparent, since the client has the right to receive written information on missing documents required for visa issuance. A greater predictability for clients is also brought by unification of procedures of national visa and procedures for visa acquisition according to Visa Code. Adaptation to European legal order and changes of the AA also enabled an increase of network of visa representation of Slovenia and other member states after Slovenia, which significantly helps with encouragement of legal migrations. Visa exemptions and facilities Due to a previous harmonization with Regulation 539/2001 Slovenia had to cancel agreements on visa abolishment with countries from the list of “risky” countries, whose citizens need a visa to enter EU member states, which was a significant shock for Slovene foreign policy. Those countries were Russian federation, Turkey, Bulgaria, Romania and Macedonia. Even after entering EU Slovenia has a very limited room for manoeuvre for leading of visa policy. Visa liberalization for Western Balkans country did not cause significant problems for Slovenia (as was the case for some other member states). However increase in moonlighting, foreigners’ staying in Slovenia after the expiry of allowed period or a purpose of stay different from what is allowed could be noticed. Liberalisation of visa regime has naturally influenced a change in the structure of citizens treated for illegal cross-border movement, since the number of Western Balkans citizens who used to dominate (especially citizens of Bosnia and Herzegovina, Albania and Kosovo) has significantly decreased. “Occasionally we notice extended stay in Schengen area, which can be punished at exit, otherwise there are no breaches of visa free travel regime in Slovenia. We have not come across an increase in the number of application for international protection, but we can expect more moonlighting. We are focusing our attention on that, ”Was said by Janežič”36 (Hočevar, 2011).

36

Mr Andrej Janežič is head of illegal migration department, Border Police Division, General Police Directorate, Ministry of the Interior.

36

Effective control over visa procedures After entering EU Slovenia surely has a more effective system of managing legal and illegal migrations due to a constant computerization of visa and police procedures, since soon after entering EU Slovenia has started implementing Schengen legal order and consequently with a system of consultations among member states. Slovenia has set national information visum system called VIZIS, national police informational system of Frontex, even greater upgrade is expected in the light of establishing a VIS system. The influence of biometrics, which is also happening on both levels – “Schengen” and “visa” is very important as well. The representatives of the Police also point out that with entering EU we can speak about a more effective control over issued visas, movement and stay of people due to a unified Schengen system, soon also VIS, and the system is also more predictable for an individual, since there is a unified legislation, system and consequently also practice.

6 DATA FROM THE REGISTER OF ISSUED VISAS AND IMMIGRATION IN SLOVENIA

Statistical data can be found in Appendix of this study. They are listed in tables in accordance to the specifications of the study. Certain data are not available due to a long period and a late entry of Slovenia in EU (required data is for a ten year period, Slovenia entered EU in 2004 and in 2006 in the schengen area). In case data from certain table are not at all available, the table is left out.

7 CONCLUSION

An unquestionable finding of the study is that the nexus between visa policy and managing migrations does exist. However, considering primary definition of visa policy on European level, it would be difficult to say that Slovene visa policy has a direct power and could be defined as a “migration channel”. The reason that Slovene visa policy does not have a great influence on migration management can also be found in the fact that foreigners rather choose a residence permit for legal entry in Slovenia, since it enables them work, employment, studies and a longer residence, which is also confirmed by a small number of issued national visas.

37

Case studies have confirmed that EU visa policy has an influence on migratory movements. In this sense we could speak about an indirect influence on managing legal and illegal migrations, since the actions influencing migrations were adopted on the EU level – in the case of Serbia this was visa liberalization, in the case of Turkey a judgment of the Court of Justice of the European Union, which is also confirmed by statistical data presented in the appendix of the study. Regarding facilitation of legal migrations with actions of national visa policy, Slovenia has done the most in recent time, therefore it is impossible to evaluate these actions statistically for the purpose of this study. Here we are mostly concerned with entering into two agreements on promotion of mobility of the young, which were agreed on in 2009 and 2010 with Canada and New Zealand. Our opinion is that the policy of spreading visa representation in other EU member states and external operators (outsourcing) is going to help the promotion of legal migrations. A positive contribution to this is also the possibility of operation by including tourist agencies, which was introduced in Russia and Ukraine in 2010. Slovenia does not have any agreements on visa facilities on national level for the time being, apart from those dealing with diplomatic, official and special passports. Otherwise, Slovenia is in the process of visa regime abolishment for Caribbean countries, since they do not present a security risk for Slovenia and the country has very few representatives in that part of the world, so the process of visa acquisition for them is linked with extreme expenses and long ways at the moment. If we exclude the European visa agreements, Slovenia does not have any agreements dealing with visa policy with the purpose of managing illegal migrations, although the Resolution on immigration policy of Slovenia already regarded the visa regime as one of the primary actions for prevention of illegal migrations. However, Ministry of Foreign Affairs and the Police confirm that the adaptation to European legal order in the sense of unification of procedures, greater computerisation (SIS and VIS) and the system of co-operation among member states during visa procedures has significantly helped towards a more effective management and prevention of illegal migrations. Possibility of establishing nexus between national visa policy and managing migrations are more flexible forms of visas, which could be used especially in relation to managment of migrations of economic and personal nature. This is also a vision of visa policy of the Ministry of Foreign Affairs, which has not been enacted with the last changes of the Aliens Act. Namely, foreigners who do not require a visa to enter Schengen area and arrive to Slovenia for the purpose of work, study or family reunion, could acquire a residence permit after entering Slovenia. Those foreigners who are exempt from the visa-free travel regime should acquire a long-stay visa on a Slovene diplomatic consular mission in advance, and could arrange a residence permit for one of the above mentioned purpose for stay in Slovenia at an empowered state authority after entry. According to the opinion of the Ministry of Foreign Affairs such visa regime does not increase migratory risk, since nowadays the mentioned persons can legally enter Slovenia in any case.

38

8 BIBLIOGRAPHY

Council Directive 2009/50/EC of 25 May 2009 on the conditions of entry and residence of third-country nationals for the purposes of highly qualified employment, OJ L 289/15 3 November 2005.

Council Directive 2004/114/EC of 13 December 2004 on the conditions of admission of third-country nationals for the purposes of studies, pupil exchange, unremunerated training or voluntary service, OJ L 375/12, 23 December2004.

Council Directive 2009/50/EC of 25 May 2009 on the conditions of entry and residence of third-country nationals for the purposes of highly qualified employment, OJ L 155/17, 18 June 2009.

Hočevar,B., Criminal associations are making money on account on pauper’s, Delo, 9. July 2011. Available at: http://www.delo.si/novice/politika/delova-tema-kriminalne-zdruzbe-sluzijo-na-racun-revezev.html, 20 September 2011 (Hočevar, 2011). IOM International Migration Law No. 16 Laws for Legal Immigration in the 27 EU Member States (2009). Convention implementing the Schengen Agreement of 14 June 1985 between the Governments of the States of the Benelux Economic Union, the Federal Republic of Germany and the French Republic on the gradual abolition of checks at their common borders, OJ L 239, 22 September 2000. (Convention on implementation of the Schengen Agreement). Annual reports of the Ministry for Foreign Affairs from years 2006 until 2010. Available at: http://mzz.gov.si/index.php?id=43, 20 September 2011. Lojid, N., Slovene visa policy before and after accession to the European Union, diploma thesis (2009) (Lojid 2009). Medved, F., Temporary and circural migrations, Inštitut Novum (2010) (Medved 2010a). Medved, F., Satisfying labour demand through migration, Inštitut Novum (2010) (Medved 2010b).

39

Podpečan, K., Analysis of developments of a common EU visa policy, diploma thesis (2008) (Podpečan 2008). Rules on the Internal Control at Diplomatic Missions and Consular Posts of the Republic of Slovenia Abroad, OJ no. 12/2011, 25 February 2011. Resolution on immigration policy of the Republic of Slovenia, OJ no. 40, 28 May 1999 (ReIPRS). Resolution on migration policy of the Republic of Slovenia, OJ No. 106, 6 December 2002 (ReMPRS). Decision on the abolition of visa requirement for recognised refugees and stateless persons holders of travel documents issued by the third countries listed in Council Regulation (EC) No 539/2001, Annex II, OJ no. 19/2010, 12 March 2010. Common consular instructions on visas for the diplomatic missions and consular posts, UL C 313, 16 December 2002 (Common consular instructions). Guidelines for Code of action of the Republic of Slovenia towards Western Balkans. Available at: http://www.mzz.gov.si/fileadmin/pageuploads/Novinarsko_sredisce/Sporocila_za_javnost/1007/Smernice_ZB.pdf, 16. 8. 2011. List of countries which do not need to be in possession of visa when entering the Slovenia, Ministry of Foreign Affairs, 11 January 2011. Available at: http://www.mzz.gov.si/fileadmin/pageuploads/konzulara/Tujci_vstop_v_Slovenijo_brez_vizumov_slo.pdf, 23. 9. 2011. Cooperation agreement between the Ministry of Foreign Affairs and the Ministry of the Economy in the area of visa issuance for the purpose of tourist visit. Available at: http://www.mg.gov.si/fileadmin/mg.gov.si/pageuploads/turizem/Podpisan_sporazum.pdf, 20 September 2011. Strategy of economic migrations for the period from 2010 to 2020. Available at: http://www.mddsz.gov.si/fileadmin/mddsz.gov.si/pageuploads/dokumenti__pdf/Strategija_ekonomskih_migracij-2010-2020.pdf., 20 September 2011. List of countries with which the Ministry has concluded agreement on visa representation. Available at: http://mzz.gov.si/fileadmin/pageuploads/konzulara/Annex_28_EN.pdf, 13 October 2011.

40

Trauner, F. in Kruse, I., EC Visa Facilitation and Readmission Agreements: Implementing a New EU Security Approach in the Neighbourhood, CEPS Working Document No. 290, April 2008 (Trauner, Kruse, 2008). Council Regulation No. 539/2001 of 15 March 2001, listing third-countries whose nationals must be in possession of visas when crossing the , external borders and those whose nationals are exempt from that requirement, UL L no. 81, 21 March2001 (Regulation 539/2001). Regulation 810/2009 of the European Parliament and of the Council of 13 July 2009 establishing a Community Code on Visas, OJ L no. 243, 15 September 2009 (Visa Code). Regulation 562/2006 of the European Parliament and of the Council of 15 March 2006 establishing a Community Code on the rules governing the movement of persons across borders, OJ L no. 105, 13 April 2006 (Schengen Borders Code). Regulation265/2010 of the European Parliament and of the Council of 25 March 2010 amending the Convention Implementing the Schengen agreement and Regualtion No. 562/2006 as regards movement of persons with a long-stay visa, OJ L no. 85, 31 March 2010. Regulation 767/2008 of the European Parliament and of the Council of 9 July 2008 concerning the Visa Information System (VIS) and the exchange of data between Member States on short-stay visas (VIS Regulation), OJ L no. 218/60, 13 August 2008. Regulation 296/2008 of the European Parliament and Council of 11 March 2008 amending Regulation No. 562/2008 establishing a Community Code on rules governing the movement of persons across borders (Schengen Borders Code), as regards the implementing powers conferred on the Commission, OJ L no. 97/60, 9 April 2006. Regulation 1987/2006 of the European Parliament and the Council of 20 December 2006 on the establishment, operation and use of the second generation Schengen Information System (SIS II), UL L no. 381/4, 28 December 2006. Minor Offences Act (official consolidated text), OJ no. 29/2011, 18 April 2011 (ZP-1-UPB8). Act ratifying the Agreement between the Republic of Slovenia and Canada concerning Youth Mobility, OJ no. 4/2010, 22 March 2010.

41

Act ratifying the Arrangement on a Working Holiday Scheme between the Government of the Republic of Slovenia and the Government of New Zealand, OJ no. 18/2009, 8. 12. 2009. Act on General Administrative Procedure, Unoficial consolidated text. Available at: http://www.dz rs.si/index.php?id=101&sm=k&q=Zakon+o+splo%C5%A1nem+upravnem+postopku&mandate=1&unid=UPB|8633F0A31F5DD96BC12576D200 89627&showdoc=1, 20 September 2011 (AGAP). Aliens Act – 1 (official consolidated version), OJ no. 64/2009, 10 August 2009 (AA-1-UPB6). Aliens Act - 2, OJ no. 50/2011, 27 June 2011 (AA-2). Administrative Fees Act, OJ no. 106/2010, 27 December. 2010 (ZUT-UPB5). Foreign affairs act (official consolidated version), OJ no. 113/03, 76/08 and 108/09.

42

APPENDIXES – STATISTICS

STATISTICS ON CASE STUDIES

Table 1: Citizens of Serbia and Turkey found to be illegally present

Serbia Turkey Total

2001 N/A N/A N/A

2002 N/A N/A N/A

2003 N/A N/A N/A

2004 154 0 524

2005 190 6 675

2006 57 + 113* 2 1 357

2007 164 + 9* 25 731

2008 201 27 1 925

2009 125 9 2 297

2010 317 13 2 955

* Serbia + Serbia&Montenegro

43

Table 2: Citizens of Serbia refused entry at the external borders

Total

Absence of

a valid

passport

Absence of

a valid visa

or

residence

permit

Insufficient

means for

living, return

or transit

Presentation

of a false visa

or residence

permit

2001 2231 N/A N/A N/A N/A

2002 2441 N/A N/A N/A N/A

2003 6169 N/A N/A N/A N/A

2004 4868 N/A N/A N/A N/A

2005 3962 N/A N/A N/A N/A

2006 812+2010* 33 270 1 9

2007 1718 180 1 260 3 57

2008 622 15 439 2 10

2009 837 18 585 11 14

2010 1625 8 281 175 0

Total 27295 254 2 835 192 90

* Serbia + Serbia&Montenegro

44

Table 3: Citizens of Turkey refused entry at the external borders

Total

Absence of

a valid

passport

Absence of

a valid visa

or

residence

permit

Insufficient

means for

living, return

or transit

Presentation

of a false visa

or residence

permit

2001 1307 N/A N/A N/A N/A

2002 1089 N/A N/A N/A N/A

2003 1830 N/A N/A N/A N/A

2004 1059 N/A N/A N/A N/A

2005 1352 N/A N/A N/A N/A

2006 905 10 28 0 1

2007 627 82 308 0 13

2008 320 10 98 0 5

2009 189 13 87 0 2

2010 189 5 117 3 5

Total 8867 118 3 638 3 26

Source: General Police Directorat, Border Police Division

EUROSTAT

Abbrevations:

Not available: N/A

45

Table 4: Citizens of Serbia and Turkey having long-term resident status

Serbia Turkey Total

2001 N/A N/A N/A

2002 N/A N/A N/A

2003 N/A N/A N/A

2004 N/A N/A N/A

2005 N/A N/A N/A

2006 N/A N/A N/A

2007 N/A N/A N/A

2008 N/A N/A N/A

2009 2981 28 3 009

2010 3119 35 3 154

46

Table 4.1.: Disaggregation by age and sex for year 2010

Country of

citizenship TOTAL Y0_4 Y5_9

T M F UNK T M F UNK T M F UNK

Serbia 3119 2095 1024 0 86 51 35 0 76 48 28 0

Turkey 35 30 5 0 4 3 1 0 3 1 2 0

Y10_14 Y15_19 Y20_24

T M F UNK T M F UNK T M F UNK

Serbia 63 25 38 0 69 37 32 0 83 44 39 0

Turkey 0 0 0 0 0 0 0 0 0 0 0 0

Y25_29 Y30_34 Y35_39

T M F UNK T M F UNK T M F UNK

Serbia 150 75 75 0 292 166 126 0 381 218 163 0

Turkey 4 4 0 0 9 8 1 0 6 5 1 0

Y40_44 Y45_49 Y50_54

T M F UNK T M F UNK T M F UNK

Serbia 362 251 111 0 365 282 83 0 382 307 75 0

Turkey 2 2 0 0 2 2 0 0 2 2 0 0

47

Y55_59 Y60_64 Y65_69

T M F UNK T M F UNK T M F UNK

Serbia 354 288 66 0 202 152 50 0 105 75 30 0

Turkey 2 2 0 0 0 0 0 0 0 0 0 0

Y70_74 Y75_79 Y80_84

T M F UNK T M F UNK T M F UNK

Serbia 80 40 40 0 43 25 18 0 18 8 10 0

Turkey 1 1 0 0 0 0 0 0 0 0 0 0

Y85_MAX UNK

T M F UNK T M F UNK

Serbia 8 3 5 0 0 0 0 0

Turkey 0 0 0 0 0 0 0 0

48

Table 5: Citizens of Serbia and Turkey having valid permission to stay for 2008

Country of

Citizenship TOTAL

Permissions valid at least 3 and less than 6 months Permissions valid at least 6 and less than 12 months

Total Familly Education and

study

Remun.

activities

Other

reasons Total Familly

Education and

study

Remun.

activities

Other

reasons

Serbia 15625 231 48 5 176 2 7398 442 113 6833 10

Turkey 137 17 16 1 60 4 40 16

Permissions valid for 12 months and more

Total Familly

Education and

study

Remun.

activities

Other

reasons

Serbia 7996 1240 36 1841 4879

Turkey 60 18 3 11 28

49

Table 6: Citizens of Serbia and Turkey having valid permission to stay for 2009

Country of

Citizenship TOTAL

Permissions valid at least 3 and less than 6 months Permissions valid at least 6 and less than 12 months

Total Familly Education and

study

Remun.

activities

Other

reasons Total Familly

Education and

study

Remun.

activities

Other

reasons

Serbia 9791 130 19 7 99 5 2941 208 127 2599 7

Turkey 136 35 30 4 1 35 7 11 16 1

Permissions valid for 12 months and more

Total Familly

Education and

study

Remun.

activities

Other

reasons

Serbia 6720 1011 42 1681 3986

Turkey 66 17 2 15 32

50

Table 7: Citizens of Serbia and Turkey having valid permission to stay for 2010

Country of

Citizenship TOTAL

Permissions valid for at least 3 and less than 6 months

Total Family Education

and study

Remunerated

activities

Refugee

status

Subsidiary

protection

Other

reasons

Serbia 8273 128 46 7 73 2

Turkey 154 38 37 1

Permissions valid for at least 6 and less than 12 months

Total Family Education

and study

Remunerated

activities

Refugee

status

Subsidiary

protection

Other

reasons

Serbia 1871 207 102 1559 3

Turkey 33 2 15 15 1

Permissions valid for 12 months and more

Total Family Education

and study

Remunerated

activities

Refugee

status

Subsidiary

protection

Other

reasons

Serbia 6274 904 25 1645 21 11 3668

Turkey 83 28 1 12 0 0 42

51

Table 8: Grants of permission to stay issued to citizens of Serbia and Turkey on the occasion of changing immigration status for 2008

Country of

Citizenship TOTAL

Previous permission granted for family reasons Previous permission granted for education reasons

Total Education

and study

Remun.

activities Other reasons Total Familly

Remun.

activities Other reasons

Serbia 100 36 5 29 2 28 10 18

Turkey 1 0 1 1

Previous permission granted for remunerated

activities Previous permission granted for other reasons

Total Familly

Education and

study Other reasons Total Familly

Education and

study

Remun.

activities

Serbia 30 24 3 3 6 5 1

Turkey 0 0

52

Table 9: Grants of permission to stay issued to citizens of Serbia and Turkey on the occasion of changing immigration status for 2009

Country of

Citizenship TOTAL

Previous permission granted for family reasons Previous permission granted for education reasons

Total Education

and study

Remun.

activities Other reasons Total Familly

Remun.

activities Other reasons

Serbia 80 13 3 9 1 20 12 8

Turkey 1 0 0 0 0 0

Previous permission granted for remunerated

activities Previous permission granted for other reasons

Total Familly

Education and

study Other reasons Total Familly

Education and

study

Remun.

activities

Serbia 42 30 2 10 5 3 2

Turkey 1 1 0

53

Table 10: Grants of permission to stay issued to citizens of Serbia and Turkey on the occasion of changing immigration status for 2010

Country of

Citizenship TOTAL

Previous permission granted for family reasons Previous permission granted for education reasons

Total Education

and study

Remunerated

activities

Other

reasons Total Family

Remunerated

activities

Other

reasons

Serbia 79 6 1 5 22 14 8

Turkey 0 0 0

Previous permission granted for remunerated

activities Previous permission granted for other reasons

Total Family Education

and study

Other

reasons Total Family

Education

and study

Remunerated

activities

Serbia 38 32 2 4 13 1 1 11

Turkey 0 0

Source: EUROSTAT

Ministry of the Interior, Internal Administrative Affairs Directorate

Abbrevations:

Not available: N/A

54

Table 11 : D visas issued by reason to citizens of Serbia and Turkey

Name of

the

country Total Education Employment Family

Other

reasons:

Total

Other

reasons:

Humanitarian

/

international

protection

reasons

Other

reasons:

Residence

only

Other

reasons:

Other

reasons

not

specified

2006 Serbia 130 0 0 130 0 0 0 0

2006 Turkey 0 0 0 0 0 0 0 0

2007 Serbia 150 0 0 150 0 0 0 0

2007 Turkey 0 0 0 0 0 0 0 0

2008 Serbia 105 0 0 105 0 0 0 0

2008 Turkey 3 0 0 3 0 0 0 0

2009 Serbia 30 0 0 30 0 0 0 0

2009 Turkey 0 0 0 0 0 0 0 0

2010 Serbia 5 0 0 5 0 0 0 0

2010 Turkey 1 0 0 3 0 0 0 0

Source: EUROSTAT

Ministry of Foreign Affairs, Consular Department

55

Table 12 : C visas issued by reason at Embassy of Slovenia in Belgrade, Serbia and at Embassy of Slovenia in Ankara, Turkey

Name of the

country of

consular post Total Tourism Business

Visiting

family /

friends Cultural Sports Official

Medical

reasons Transit

Airport

transit

Other

Humanitarian

reason

Other Diplomatic

visum

2001 Serbia 6007 95 2 437 1 967 0 290 87 14 280 N/A 0 43

2001 Turkey N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A

2002 Serbia 32263 365 11 555 10 252 1 728 1 899 391 142 1 989 N/A 0 39

2002 Turkey 406 19 119 22 37 141 1 0 15 N/A 0 0

2003 Serbia 31702 670 11 029 11 647 1 015 1 906 143 169 1 767 N/A 32 32

2003 Turkey 508 51 144 43 110 105 0 2 10 N/A 1 0

2004 Serbia 29883 1210 10 247 10 615 1 668 1 788 31 195 770 N/A 0 24

2004 Turkey 681 86 272 48 36 155 0 445 5 N/A 1 2

2005 Serbia 30383 1680 10 354 9 639 639 1 048 30 240 573 N/A 0 63

2005 Turkey 655 53 287 48 93 73 22 0 12 N/A 0 9

2006 Serbia 27907 1730 8 730 7 578 503 793 37 224 155 N/A 48 42

2006 Turkey 829 56 355 65 130 115 4 1 10 N/A 0 0

2007 Serbia 29534 2304 8 144 7 537 459 929 9 279 10 N/A 4 29

2007 Turkey 957 53 334 57 104 87 0 0 8 N/A 0 8

2008 Serbia 36576 2896 9 596 10 390 594 1 872 11 227 813 N/A 45 16

2008 Turkey 1407 222 381 89 113 48 0 0 74 N/A 0 0

2009 Serbia 39620 4864 9 723 11 831 1 366 3 226 34 159 50 N/A 72 30

2009 Turkey 667 73 234 68 25 54 2 0 9 N/A 0 3

2010 Serbia 843 134 202 258 77 41 0 1 34 N/A 0 3

2010 Turkey 1226 62 183 41 15 33 0 0 643 N/A 0 0

Source: EUROSTAT

Ministry of Foreign Affairs, Consular Department

56

GENERAL STATISTICS

Table 1: Total visas by type

Total A Total C Total D

2001 Issued 0 43 241 0

2001 Applied N/A N/A N/A

2001 Rejected N/A N/A N/A

2002 Issued 2 80 784 0

2002 Applied N/A N/A N/A

2002 Rejected N/A N/A N/A

2003 Issued 0 88 443 0

2003 Applied N/A N/A N/A

2003 Rejected N/A N/A N/A

2004 Issued 0 83 618 0

2004 Applied N/A N/A N/A

2004 Rejected N/A N/A N/A

2005 Issued 1 80 964 0

2005 Applied N/A N/A N/A

2005 Rejected N/A N/A N/A

2006 Issued 0 73 111 412

2006 Applied N/A N/A N/A

2006 Rejected N/A N/A N/A

2007 Issued 0 75 976 525

2007 Applied N/A N/A N/A

2007 Rejected N/A N/A N/A

2008 Issued 0 89 099 478

2008 Applied N/A N/A N/A

57

2008 Rejected N/A N/A N/A

2009 Issued 0 95 184 412

2009 Applied N/A N/A N/A

2009 Rejected N/A N/A N/A

2010 Issued 2 50 987 290

2010 Applied N/A N/A N/A

2010 Rejected N/A N/A N/A

Source: EUROSTAT

Ministry of Foreign Affairs, Consular Department

Abbrevations:

Not available: N/A

58

Tables 2: D visas issued by reason and citizenship .

Table 2.1 : D visas issued by reason

Total Education Employment Family

Other reasons:

Total

Other

reasons:

Humanitari

an /

internationa

l protection

reasons

Other

reasons:

Residence

only

Other

reasons:

Other

reasons not

specified

Other reason:

national

category

Accreditation

in Slovenia

Other reason:

national

category -

BCASMM*

2001 0 0 0 0 0 0 0 0 0 0

2002 0 0 0 0 0 0 0 0 0 0

2003 0 0 0 0 0 0 0 0 0 0

2004 0 0 0 0 0 0 0 0 0 0

2005 0 0 0 0 0 0 0 0 0 0

2006 422 0 0 422 0 0 0 0 0 0

2007 526 0 0 526 0 0 0 0 0 0

2008 483 0 0 483 0 0 0 0 0 0

2009 409 0 0 409 0 0 0 0 0 0

2010 286 0 0 271 0 0 0 0 14 1

Source: EUROSTAT

Ministry of Foreign Affairs, Consular Department

*

BCASMM: Agreement between the Republic of Slovenia and Canada concerning Youth Mobility, Official Gazette of the RS, No. 4/2010, 22 March 2010

59

Table 2.2 : D visas issued by reason and main 10 countries of citizenship (extra EU - 27)

Position

of the

country

Name of the

country Total Education Employment Family

Other

reasons:

Total

Other

reasons:

Humanitarian

/

international

protection

reasons

Other

reasons:

Residence

only

Other

reasons:

Other

reasons

not

specified

Other reason:

national

category

Accreditation

in Slovenia

Other

reason:

national

category

BCASMM*

2006 1st main BIH 195 0 0 195 0 0 0 0 0 0

2006

2nd

main Serbia&MN 130 0 0 130 0 0 0 0 0 0

2006 3rd main Macedonia 35 0 0 35 0 0 0 0 0 0

2006 4th main Ukraine 22 0 0 22 0 0 0 0 0 0

2006 5th main Russia 9 0 0 9 0 0 0 0 0 0

2006 6th main Moldova 4 0 0 4 0 0 0 0 0 0

2006 7th main Tunisia 3 0 0 3 0 0 0 0 0 0

2006 8th main Cuba 3 0 0 3 0 0 0 0 0 0

2006 9th main Albania 2 0 0 2 0 0 0 0 0 0

2006

10th

main Dominic. 2 0 0 2 0 0 0 0 0 0

2007 1st main BIH 247 0 0 247 0 0 0 0 0 0

2007

2nd

main Serbia 150 0 0 150 0 0 0 0 0 0

2007 3rd main Macedonia 50 0 0 50 0 0 0 0 0 0

2007 4th main Ukraine 31 0 0 31 0 0 0 0 0 0

2007 5th main Montenegro 6 0 0 6 0 0 0 0 0 0

2007 6th main Russia 6 0 0 6 0 0 0 0 0 0

2007 7th main Cuba 5 0 0 5 0 0 0 0 0 0

60

2007 8th main Albania 4 0 0 4 0 0 0 0 0 0

2007 9th main India 4 0 0 4 0 0 0 0 0 0

2007

10th

main Iran 3 0 0 3 0 0 0 0 0 0

2008 1st main BIH 217 0 0 217 0 0 0 0 0 0

2008

2nd

main Serbia 105 0 0 105 0 0 0 0 0 0

2008 3rd main Macedonia 75 0 0 75 0 0 0 0 0 0

2008 4th main Kosovo 22 0 0 22 0 0 0 0 0 0

2008 5th main Ukraine 22 0 0 22 0 0 0 0 0 0

2008 6th main Montengro 6 0 0 6 0 0 0 0 0 0

2008 7th main Egypt 4 0 0 4 0 0 0 0 0 0

2008 8th main China 3 0 0 3 0 0 0 0 0 0

2008 9th main Tunisia 3 0 0 3 0 0 0 0 0 0

2008

10th

main Turkey 3 0 0 3 0 0 0 0 0 0

2009 1st main BIH 207 0 0 207 0 0 0 0 0 0

2009

2nd

main Kosovo 47 0 0 47 0 0 0 0 0 0

2009 3rd main Macedonia 42 0 0 42 0 0 0 0 0 0

2009 4th main Serbia 30 0 0 30 0 0 0 0 0 0

2009 5th main Ukraine 26 0 0 26 0 0 0 0 0 0

2009 6th main Tunisia 12 0 0 12 0 0 0 0 0 0

2009 7th main Egypt 7 0 0 7 0 0 0 0 0 0

2009 8th main Montenegro 5 0 0 5 0 0 0 0 0 0

2009 9th main Belarus 5 0 0 5 0 0 0 0 0 0

2009

10th

main Moldova 4 0 0 4 0 0 0 0 0 0

2010 1st main BIH 155 0 0 155 0 0 0 0 0 0

61

2010

2nd

main Kosovo 45 0 0 45 0 0 0 0 0 0

2010 3rd main Ukraine 32 0 0 32 0 0 0 0 0 0

2010 4th main Iran 14 0 0 0 14 0 0 0 14 0

2010 5th main Tunisia 9 0 0 9 0 0 0 0 0 0

2010 6th main Philippines 5 0 0 5 0 0 0 0 0 0

2010 7th main Serbia 5 0 0 5 0 0 0 0 0 0

2010 8th main Egypt 4 0 0 4 0 0 0 0 0 0

2010 9th main India 2 0 0 2 0 0 0 0 0 0

2010

10th

main Kanada 1 0 0 0 1 0 0 0 0 1

Source: EUROSTAT

Ministry of Foreign Affairs, Consular Department

*

BCASMM: Agreement between the Republic of Slovenia and Canada concerning Youth Mobility, Official Gazette of the RS, No. 4/2010, 22 March 2010

Abbrevations:

1. Bosnia and Herzegovina: BIH

2. Serbia and Montenegro: Serbia&MN

3. the former Yugoslav Republic of Macedonia: Macedonia

4. Republic of Moldova: Moldova

5. Dominican Republic: Dominic.

62

Tables 3: D visas issued by consular posts and by reason

Table 3.1 : D visas issued by consular posts and by reason

Total Education Employment Family

Other

reasons:

Total

Other reasons:

Humanitarian /

international

protection

reasons

Other reasons:

Residence only

Other reasons:

Other reasons

not specified

Other reason:

national

category

Accreditation

in Slovenia

Other reason:

national

category -

BCASMM*

2001 0 0 0 0 0 0 0 0 0 0

2002 0 0 0 0 0 0 0 0 0 0

2003 0 0 0 0 0 0 0 0 0 0

2004 0 0 0 0 0 0 0 0 0 0

2005 0 0 0 0 0 0 0 0 0 0

2006 422 0 0 422 0 0 0 0 0 0

2007 526 0 0 526 0 0 0 0 0 0

2008 483 0 0 483 0 0 0 0 0 0

2009 409 0 0 409 0 0 0 0 0 0

2010 286 0 0 271 0 0 0 0 14 1

Source: EUROSTAT

Ministry of Foreign Affairs, Consular Department

*

BCASM:

Agreement between the Republic of Slovenia and Canada concerning Youth Mobility, Official Gazette of the RS, No. 4/2010, 22 March 2010

63

Table 3.2 : D visas issued by reason and 10 main countries of consular posts (extra EU - 27)

Position

of the

consular

post

Name of

the

consular

post Total Education Employment Family

Other reasons:

Total

Other

reasons:

Humanitarian

/ international

protection

reasons

Other

reasons:

Residen

ce only

Other

reasons:

Other

reasons not

specified

Other

reason:

national

category

Accreditatio

n in

Slovenia

Other reason:

national

category not

elsewhere

specified.

Please

specify:*

2006 1st main Sarajevo 192 0 0 192 0 0 0 0 0 0

2006 2nd main Skopje 101 0 0 101 0 0 0 0 0 0

2006 3rd main Belgrade 56 0 0 56 0 0 0 0 0 0

2006 4th main Kijev 22 0 0 22 0 0 0 0 0 0

2006 5th main Zagreb 11 0 0 11 0 0 0 0 0 0

2006 6th main Moscow 10 0 0 10 0 0 0 0 0 0

2006 7th main Podgorica 6 0 0 6 0 0 0 0 0 0

2006 8th main Kairo 4 0 0 4 0 0 0 0 0 0

2006 9th main Beijing 4 0 0 2 0 0 0 0 0 0

2006

10th

main New Delhi 2 0 0 2 0 0 0 0 0 0

2007 1st main Sarajevo 247 0 0 247 0 0 0 0 0 0

2007 2nd main Skopje 132 0 0 132 0 0 0 0 0 0

2007 3rd main Belgrade 72 0 0 72 0 0 0 0 0 0

2007 4th main Kijev 32 0 0 32 0 0 0 0 0 0

2007 5th main Podgorica 6 0 0 6 0 0 0 0 0 0

2007 6th main Moscow 6 0 0 6 0 0 0 0 0 0

2007 7th main New Delhi 6 0 0 6 0 0 0 0 0 0

2007 8th main Kairo 4 0 0 4 0 0 0 0 0 0

64

2007 9th main Beijing 4 0 0 4 0 0 0 0 0 0

2007

10th

main Teheran 3 0 0 3 0 0 0 0 0 0

2008 1st main Sarajevo 216 0 0 216 0 0 0 0 0 0

2008 2nd main Skopje 150 0 0 150 0 0 0 0 0 0

2008 3rd main Belgrade 51 0 0 51 0 0 0 0 0 0

2008 4th main Kijev 22 0 0 22 0 0 0 0 0 0

2008 5th main Kairo 12 0 0 12 0 0 0 0 0 0

2008 6th main Beijing 7 0 0 7 0 0 0 0 0 0

2008 7th main Podgorica 7 0 0 7 0 0 0 0 0 0

2008 8th main Moscow 5 0 0 5 0 0 0 0 0 0

2008 9th main Ankara 5 0 0 5 0 0 0 0 0 0

2008

10th

main Teheran 3 0 0 3 0 0 0 0 0 0

2009 1st main Sarajevo 179 0 0 179 0 0 0 0 0 0

2009 2nd main Skopje 91 0 0 91 0 0 0 0 0 0

2009 3rd main Kijev 30 0 0 30 0 0 0 0 0 0

2009 4th main Banja Luka 28 0 0 28 0 0 0 0 0 0

2009 5th main Belgrade 27 0 0 27 0 0 0 0 0 0

2009 6th main Kairo 20 0 0 20 0 0 0 0 0 0

2009 7th main Beijing 10 0 0 10 0 0 0 0 0 0

2009 8th main Moscow 9 0 0 9 0 0 0 0 0 0

2009 9th main Podgorica 5 0 0 5 0 0 0 0 0 0

2009

10th

main New Delhi 3 0 0 3 0 0 0 0 0 0

2010 1st main Banja Luka 101 0 0 101 0 0 0 0 0 0

2010 2nd main Sarajevo 54 0 0 54 0 0 0 0 0 0

2010 3rd main Pristina 37 0 0 37 0 0 0 0 0 0

65

2010 4th main Kijev 33 0 0 33 0 0 0 0 0 0

2010 5th main Kairo 17 0 0 17 0 0 0 0 0 0

2010 6th main Teheran 15 0 0 1 0 0 0 0 14 0

2010 7th main Skopje 11 0 0 11 0 0 0 0 0 0

2010 8th main Beijing 5 0 0 5 0 0 0 0 0 0

2010 9th main Belgrade 3 0 0 3 0 0 0 0 0 0

2010

10th

main New Delhi 3 0 0 3 0 0 0 0 0 0

Source: EUROSTAT

Ministry of Foreign Affairs, Consular Department

66

Tables 4: C visas issued by consular posts and by reason

Table 4.1 : C visas issued by consular posts and by reason

Total Tourism Business

Visiting

family /

friends Cultural Sports Official

Medical

reasons Transit

Airport

transit

Other

Humanitarian

reasons

Other

Diplomatic

visum

2001 43 332 9 252 13 274 10 491 1 277 2 598 351 510 83 N/A 47 317

2002 83 233 13 182 25 531 22 156 3 464 5 339 671 1 038 0 N/A 491 347

2003 91 063 12 249 29 564 27 255 3 267 5 764 380 1 295 1 N/A 142 408

2004 86 236 12 700 28 948 25 965 3 664 5 972 215 1 073 0 N/A 223 406

2005 86 247 14 531 29 090 24 357 3 481 4 860 233 977 0 N/A 179 660

2006 80 245 14 968 26 026 20 045 2 772 4 558 282 992 0 N/A 230 345

2007 84 247 16 203 24 770 18 836 2 814 5 070 197 823 0 N/A 75 282

2008 95 049 16 926 29 280 23 017 2 863 5 714 112 839 0 N/A 124 58

2009 96 634 18 675 27 288 24 830 3 599 7 597 179 886 0 N/A 147 87

2010 50 945 14 701 13 630 10 043 1 710 3 320 85 631 983 N/A 160 5

Source: EUROSTAT

Ministry of Foreign Affairs, Consular Department

Other statistical categories are: Member, Family member of an EU citizen, Congress/Seminar/Symposium, Short-term education, Journalists, Funeral Solemnity, Professional driver, Researchers, ITF Rehabilitation,

Official delegation, Bus driver, Truck driver, Town-twinning events, Group visa

67

Table 4.2 : C visas issued by reason and 10 main countries of consular posts (extra EU - 27)

Position of

the

consular

post

Name of

the

consular

post Total Tourism Business

Visiting

family /

friends Cultural Sports Official

Medical

reasons Transit

Airport

transit

Other

Humanitarian

reason

Other

Diplomatic

visum

2001 1st main Budapest 15883 957 4 441 4 833 499 1 292 22 45 44 N/A 7 66

2001 2nd main Moscow 8751 4201 2 871 253 278 587 194 213 1 N/A 3 90

2001 3rd main Belgrade 5449 95 2 437 1 967 295 290 86 14 1 N/A 0 43

2001 4th main Skopje 5017 131 2 187 1 799 106 168 0 180 4 N/A 0 3

2001 5th main Podgorica 1662 59 934 464 43 93 3 21 0 N/A 5 11

2001 6th main Zagreb 684 379 74 83 7 32 27 11 2 N/A 8 47

2001 7th main / / / / / / / / / / / / /

2001 8th main / / / / / / / / / / / / /

2001 9th main / / / / / / / / / / / / /

2001 10th main / / / / / / / / / / / / /

2002 1st main Belgrade 29785 365 11 555 10 252 1 728 1 899 384 142 0 N/A 0 39

2002 2nd main Moscow 11554 5514 3 450 318 578 1 016 99 60 0 N/A 393 47

2002 3rd main Sarajevo 10936 571 3 315 4 106 463 762 8 371 0 N/A 14 15

2002 4th main Budapest 8432 1013 1 159 427 178 567 23 2 0 N/A 0 51

2002 5th main Skopje 7118 86 2 853 2 869 100 265 1 311 0 N/A 0 1

2002 6th main Podgorica 3636 123 0 938 0 219 0 101 0 N/A 0 0

2002 7th main Zagreb 1233 614 108 210 25 52 66 11 0 N/A 53 77

2002 8th main Ankara 341 19 119 22 37 141 1 0 0 N/A 0 0

68

2002 9th main Teheran 189 114 4 0 71 0 0 0 0 N/A 0 0

2002 10th main / / / / / / / / / / N/A / /

2003 1st main Belgrade 29291 592 11 029 11 312 1 015 1 892 143 169 0 N/A 32 2 121

2003 2nd main Sarajevo 22444 1439 6 672 8 787 982 1 526 6 657 0 N/A 80 20

2003 3rd main Moscow 11.248 5524 4 059 340 375 750 89 0 0 N/A 6 73

2003 4th main Budapest 7740 953 1 174 361 118 520 33 0 0 N/A 0 49

2003 5th main Skopje 7386 51 3 103 2 921 370 305 0 298 0 N/A 2 0

2003 6th main Podgorica 3662 144 1 739 1 040 89 249 1 143 0 N/A 14 164

2003 7th main Zagreb 946 401 148 189 7 54 54 6 0 N/A 18 64

2003 8th main Ankara 456 192 31 1 102 15 7 0 2 0 N/A 0 9

2003 9th main Teheran 288 3 255 4 0 19 0 0 0 N/A 0 1

2003 10th main Beijing 224 16 182 11 1 44 0 0 0 N/A 0 0

2004 1st main Belgrade 28195 1210 10 247 10 615 1 668 1 788 28 195 0 N/A 0 23

2004 2nd main Sarajevo 21807 1479 6 659 9 137 702 1 575 2 445 0 N/A 33 22

2004 3rd main Moscow 11267 5280 3 647 381 398 1 147 102 5 0 N/A 147 129

2004 4th main Skopje 8009 212 3 323 3 302 295 216 0 324 0 N/A 1 3

2004 5th main Podgorica 3699 232 1 827 924 72 150 1 85 0 N/A 13 0

2004 6th main Zagreb 666 171 117 190 39 67 18 4 0 N/A 22 38

2004 7th main Ankara 600 86 272 48 36 155 0 0 0 N/A 1 2

2004 8th main Beijing 439 9 312 27 27 44 20 0 0 N/A 0 0

2004 9th main Kairo 347 36 134 47 48 74 0 8 0 N/A 0 0

2004 10th main Teheran 300 4 277 14 2 0 0 0 0 N/A 0 2

2005 1st main Belgrade 28991 1680 10 354 9 639 639 1 048 30 240 0 N/A 0 60

69

2005 2nd main Sarajevo 20544 946 6 856 8 333 947 1 523 4 395 0 N/A 83 15

2005 3rd main Moscow 11475 6386 3 112 408 545 715 111 152 0 N/A 0 179

2005 4th main Skopje 8266 251 3 145 3 464 450 302 3 258 0 N/A 15 3

2005 5th main Podgorica 3689 340 1 688 957 82 108 0 63 0 N/A 17 0

2005 6th main Kijev 2100 566 911 239 8 183 6 3 0 N/A 36 28

2005 7th main Bejing 795 229 393 32 125 16 0 0 0 N/A 0 0

2005 8th main Kairo 655 52 204 43 77 271 0 6 0 N/A 0 2

2005 9th main Ankara 585 53 287 48 93 73 22 0 0 N/A 0 0

2005 10th main New Delhi 398 27 276 44 35 1 0 0 0 N/A 0 7

2006 1st main Belgrade 26806 1730 8 730 7 578 474 793 11 224 0 N/A 29

2006 2nd main Sarajevo 18698 1333 5 987 7 831 502 1 207 1 328 0 N/A 103 11

2006 3rd main Moscow 11711 6813 3 029 477 369 625 172 152 0 N/A 0 62

2006 4th main Skopje 5207 117 2 221 1 672 374 228 0 185 0 N/A 8 0

2006 5th main Kijev 4096 997 1 485 395 195 566 15 0 0 N/A 38 8

2006 6th main Podgorica 3604 340 1 636 957 11 108 0 86 0 N/A 8 0

2006 7th main Bejing 933 173 452 45 37 225 0 0 0 N/A 0 0

2006 8th main Ankara 769 56 355 65 130 115 4 1 0 N/A 0 0

2006 9th main New Delhi 577 48 404 50 51 8 9 0 0 N/A 0 5

2006 10th main Kairo 575 58 162 34 100 216 1 0 0 N/A 0 2

2007 1st main Belgrade 28882 2304 8 144 7 537 503 929 8 279 0 N/A 4 29

2007 2nd main Sarajevo 17557 1166 5 495 6 758 678 1 055 0 289 0 N/A 15 2

2007 3rd main Moscow 13938 8369 3 186 581 500 945 97 1 0 N/A 0 43

70

2007 4th main Skopje 6186 245 2 299 1 757 474 252 0 153 0 N/A 0 0

2007 5th main Kijev 5485 1607 1 630 655 74 762 25 0 0 N/A 47 37

2007 6th main Podgorica 3523 186 1 677 791 37 201 0 84 0 N/A 2 0

2007 7th main Bejing 958 110 437 28 55 165 0 0 0 N/A 0 0

2007 8th main Ankara 916 222 334 57 104 87 7 0 0 N/A 0 8

2007 9th main Kairo 624 49 216 37 14 182 0 3 0 N/A 0 0

2007 10th main New Delhi 615 52 450 27 3 20 12 0 0 N/A 0 15

2008 1st main Belgrade 34697 2896 9 596 10 390 594 1 872 11 227 0 N/A 45 16

2008 2nd main Sarajevo 19199 928 6 355 5 918 726 1 159 0 353 0 N/A 30 4

2008 3rd main Moscow 14007 8646 3 490 840 239 601 55 1 0 N/A 0 10

2008 4th main Podgorica 8844 1520 3 264 1 819 509 201 0 86 0 N/A 0 0

2008 5th main Skopje 8172 130 3 481 2 524 580 303 0 148 0 N/A 11 1

2008 6th main Kijev 6312 2271 1 798 963 25 641 2 0 0 N/A 48 1

2008 7th main Ankara 1180 222 381 89 113 48 1 0 0 N/A 0 0

2008 8th main Bejing 500 0 243 23 17 61 0 0 0 N/A 0 0

2008 9th main New Delhi 415 20 251 30 3 2 41 0 0 N/A 0 3

2008 10th main Teheran 303 9 168 36 4 32 1 2 0 N/A 0 0

2009 1st main Belgrade 37988 4864 9 723 11 831 1 366 3 226 34 159 0 N/A 72 30

2009 2nd main Sarajevo 15863 924 5 364 4 420 605 1 393 0 291 0 N/A 30 4

2009 3rd main Moscow 13261 8144 3 023 959 235 721 75 0 0 N/A 0 14

2009 4th main Podgorica 10000 2229 2 982 1 960 659 1 150 0 146 0 N/A 2 0

2009 5th main Skopje 7836 407 3 028 2 535 488 280 0 164 0 N/A 34 2

2009 6th main Kijev 4592 1477 1 133 1 070 10 0 375 47 0 N/A 1 0

2009 7th main Banja Luka 3806 82 1 020 1 569 184 209 0 68 0 N/A 0 0

2009 8th main Ankara 614 73 234 68 25 54 2 0 0 N/A 0 3

2009 9th main New Delhi 506 20 166 62 7 3 42 0 0 N/A 1 3

71

2009 10th main Teheran 321 14 156 62 1 83 0 0 0 N/A 0 2

2010 1st main Moscow 16414 10391 3 608 1 304 364 401 0 135 34 N/A 0 0

2010 2nd main Sarajevo 10769 1194 3 423 2 162 537 1 116 0 204 115 N/A 64 0

2010 3rd main Banja Luka 9431 518 2 252 3 728 545 669 0 181 40 N/A 44 0

2010 4th main Kijev 4944 1435 1 110 1 160 43 550 5 0 1 N/A 49 0

2010 5th main Pristina 2517 216 1 205 688 45 19 0 74 32 N/A 0 0

2010 6th main Ankara 1200 62 183 41 15 33 0 0 641 N/A 0 0

2010 7th main Skopje 965 30 577 206 28 31 0 18 10 N/A 0 0

2010 8th main Belgrade 822 134 202 258 77 41 0 1 0 N/A 0 3

2010 9th main New Delhi 731 86 213 61 9 17 73 0 0 N/A 1 0

2010 10th main Teheran 581 11 229 44 12 164 0 0 0 N/A 0 0

Source: EUROSTAT

Ministry of Foreign Affairs, Consular Department

72

Table 5: D visas issued by reason and 10 main countries of previous residence (extra EU - 27)

Position

of the

country

of

previous

residence

Name of the

country of

previous

residence Total Education

Employmen

t Family

Other

reasons:

Total

Other

reasons:

Humanitaria

n /

international

protection

reasons

Other

reasons:

Residenc

e only

Other

reasons:

Other

reasons

not

specified

Other reason:

Accreditatio

n in Slovenia

Other

reason:

BCSAM

M

2006 1st main BIH 194 0 0 194 0 0 0 0 0 0

2006

2nd

main Ser.&MG 130 0 0 130 0 0 0 0 0 0

2006 3rd main Macedonia 35 0 0 35 0 0 0 0 0 0

2006 4th main Ukraine 21 0 0 21 0 0 0 0 0 0

2006 5th main Russia 9 0 0 9 0 0 0 0 0 0

2006 6th main Moldova 4 0 0 4 0 0 0 0 0 0

2006 7th main Philippines 2 0 0 3 0 0 0 0 0 0

2006 8th main Tunis 2 0 0 2 0 0 0 0 0 0

2006 9th main Albania 2 0 0 2 0 0 0 0 0 0

2006

10th

main Dominic. 2 0 0 2 0 0 0 0 0 0

2007 1st main BIH 247 0 0 247 0 0 0 0 0 0

2007

2nd

main Serbia 149 0 0 149 0 0 0 0 0 0

2007 3rd main Macedonia 50 0 0 50 0 0 0 0 0 0

2007 4th main Ukraine 30 0 0 30 0 0 0 0 0 0

2007 5th main Russia 5 0 0 5 0 0 0 0 0 0

2007 6th main Montenegro 5 0 0 5 0 0 0 0 0 0

73

2007 7th main Cuba 5 0 0 5 0 0 0 0 0 0

2007 8th main Croatia 4 0 0 4 0 0 0 0 0 0

2007 9th main Iran 3 0 0 3 0 0 0 0 0 0

2007

10th

main Peru 3 0 0 3 0 0 0 0 0 0

2008 1st main BIH 217 0 0 217 0 0 0 0 0 0

2008

2nd

main Serbia 105 0 0 105 0 0 0 0 0 0

2008 3rd main Macedonia 75 0 0 75 0 0 0 0 0 0

2008 4th main Kosovo 22 0 0 22 0 0 0 0 0 0

2008 5th main Ukraine 21 0 0 21 0 0 0 0 0 0

2008 6th main Montenegro 6 0 0 6 0 0 0 0 0 0

2008 7th main Egypt 4 0 0 4 0 0 0 0 0 0

2008 8th main China 3 0 0 3 0 0 0 0 0 0

2008 9th main Tunis 3 0 0 3 0 0 0 0 0 0

2008

10th

main Turkey 3 0 0 3 0 0 0 0 0 0

2009 1st main BIH 206 0 0 206 0 0 0 0 0 0

2009

2nd

main Kosovo 48 0 0 48 0 0 0 0 0 0

2009 3rd main Macedonia 41 0 0 41 0 0 0 0 0 0

2009 4th main Serbia 30 0 0 30 0 0 0 0 0 0

2009 5th main Ukraine 26 0 0 26 0 0 0 0 0 0

2009 6th main Tunisia 12 0 0 12 0 0 0 0 0 0

74

2009 7th main Egypt 7 0 0 7 0 0 0 0 0 0

2009 8th main Montenegro 5 0 0 5 0 0 0 0 0 0

2009 9th main Belarus 5 0 0 5 0 0 0 0 0 0

2009

10th

main Russia 4 0 0 4 0 0 0 0 0 0

2010 1st main BIH 154 0 0 154 0 0 0 0 0 0

2010

2nd

main Kosovo 47 0 0 47 0 0 0 0 0 0

2010 3rd main Ukraine 31 0 0 31 0 0 0 0 0 0

2010 4th main Iran 14 0 0 0 0 0 0 0 14 0

2010 5th main Tunisia 9 0 0 9 0 0 0 0 0 0

2010 6th main Philippines 5 0 0 5 0 0 0 0 0 0

2010 7th main Egypt 4 0 0 4 0 0 0 0 0 0

2010 8th main India 2 0 0 2 0 0 0 0 0 0

2010 9th main Russia 1 0 0 1 0 0 0 0 0 0

2010

10th

main Canada 1 0 0 0 0 0 0 0 0 1

EUROSTAT

Ministry of Foreign Affairs, Consular Department

*

BCASMM: Agreement between the Republic of Slovenia and Canada concerning Youth Mobility, Official Gazette of the RS, No. 4/2010, 22 March 2010

Abbrevations:

1. Bosnia and Herzegovina: BIH

2. Serbia and Montenegro: Serbia&MN

3. the former Yugoslav Republic of Macedonia: Macedonia

4. Republic of Moldova: Moldova

5. Dominican Republic: Dominic.

75

Tables 6: Third country nationals refused entry at the external borders

Table 6.1: Overall trend by reason

2001 2002 2003 2004 2005 2006 2007 2008 2009 2010

Total

number of

refusals 59 596 51 330 52 837 34.712 32 519 25 103 11 504 7 835 8 147 8 105

Source: General Police Directorat, Border Police Division

EUROSTAT

Table 6.2: Main 10 countries of citizenship

Position of

the country

of

citizenship

Name of the

country of

citizenship Total

2001 1st main Croatia 11 929

2001 2nd main BIH 9 633

2001 3rd main Serbia&MN 2 231

2001 4th main Ukraine 1 346

2001 5th main Ukraine 1 307

2001 6th main Moldova 463

2001 7th main Russia 383

2001 8th main Albania 378

2001 9th main China 141

76

2001 10th main Belarus 111

2002 1st main Croatia 13 768

2002 2nd main BIH 6 154

2002 3rd main Macedonia 2 674

2002 4th main Serbia&MN 2 441

2002 5th main Turkey 1 089

2002 6th main Ukraine 777

2002 7th main Russia 363

2002 8th main Moldova 205

2002 9th main Morocco 192

2002 10th main SouthAR 165

2003 1st main Croatia 11 934

2003 2nd main Serbia&MN 6 169

2003 3rd main BIH 5 348

2003 4th main Macedonia 2 070

2003 5th main Turkey 1 830

2003 6th main Ukraine 1 036

2003 7th main Albania 556

2003 8th main Moldova 359

2003 9th main Russia 336

2003 10th main China 184

2004 1st main Croatia 6 410

2004 2nd main Serbia&MN 4 868

2004 3rd main BIH 2 922

2004 4th main Macedonia 1 064

2004 5th main Turkey 1 059

2004 6th main Albania 864

2004 7th main Ukraine 825

77

2004 8th main Moldova 306

2004 9th main Russia 298

2004 10th main China 281

2005 1st main Croatia 5 434

2005 2nd main BIH 2 376

2005 3rd main Turkey 1 352

2005 4th main Macedonia 1 296

2005 5th main Albania 896

2005 6th main Ukraine 653

2005 7th main Serbia&MN 392

2005 8th main Russia 303

2005 9th main Moldova 232

2005 10th main Morocco 202

2006 1st main Croatia 5 537

2006 2nd main Serbia&MN 2 012

2006 3rd main BIH 1 803

2006 4th main Macedonia 1 014

2006 5th main Turkey 903

2006 6th main Albania 828

2006 7th main Ukraine 439

2006 8th main Russia 227

2006 9th main Moldova 185

2006 10th main China 125

2007 1st main Croatia 4 236

2007 2nd main Serbia 1 718

2007 3rd main BIH 1 461

78

2007 4th main Macedonia 801

2007 5th main Turkey 627

2007 6th main Albania 596

2007 7th main Ukraine 404

2007 8th main Moldova 179

2007 9th main Russia 154

2007 10th main China 105

2008 1st main Croatia 4 984

2008 2nd main BIH 945

2008 3rd main Serbia 622

2008 4th main Macedonia 436

2008 5th main Turkey 320

2008 6th main Russia 125

2008 7th main Kosovo 54

2008 8th main USA 33

2008 9th main Albania 22

2008 10th main Ukraine 19

2009 1st main Croatia 3 872

2009 2nd main BIH 1 053

2009 3rd main Macedonia 1 050

2009 4th main Serbia 837

2009 5th main Russia 265

2009 6th main Albania 247

79

2009 7th main Ukraine 202

2009 8th main Turkey 189

2009 9th main Kosovo 162

2009 10th main USA 38

2010 1st main Croatia 3 356

2010 2nd main Serbia 1 625

2010 3rd main Macedonia 1 107

2010 4th main BIH 642

2010 5th main Russia 253

2010 6th main Albania 252

2010 7th main Turkey 189

2010 8th main Ukraine 137

2010 9th main Kosovo 113

2010 10th main Brasilia 47

Source: General Police Directorat, Border Police Division

EUROSTAT

Abbrevations:

1. Serbia and Montenegro: Serbia&MM

2. Bosnia and Herzegovina: BIH

3. United States: USA

4. Republic of Moldova: Moldova

5. the former Yugoslav Republic of Macedonia: Macedonia

80

Tables 7: Third country nationals refused entry at the external borders due to the absence of a valid visa or residence permit;

Table 7.1: Overall trend

2001 2002 2003 2004 2005 2006 2007 2008 2009 2010

Total number

of refusals due

to the absence

of a valid visa

or residence

permit N/A N/A N/A N/A N/A 1 267 5 460 2 125 3 467 1 787

Source: General Police Directorat, Border Police Division

EUROSTAT

81

Table 7.2: Main 10 countries of citizenship

Position of the

country of

citizenship

Name of the

country of

citizenship Total

2006 1st main BIH 320

2006 2nd main Serbia 270

2006 3rd main Macedonia 153

2006 4th main Albania 124

2006 5th main Ukraine 75

2006 6th main Turkey 28

2006 7th main Croatia 27

2006 8th main Moldova 25

2006 9th main Colombia 17

2006 10th main Morocco 16

2007 1st main Serbia 1 260

2007 2nd main BIH 1 081

2007 3rd main Macedonia 619

2007 4th main Albania 539

2007 5th main Turkey 308

2007 6th main Ukraine 301

2007 7th main Croatia 188

2007 8th main Moldova 135

2007 9th main Morocco 117

82

2007 10th main Russia 108

2008 1st main BIH 725

2008 2nd main Serbia 439

2008 3rd main Macedonia 379

2008 4th main Croatia 214

2008 5th main Russia 120

2008 6th main Turkey 98

2008 7th main Kosovo 24

2008 8th main Montenegro 19

2008 9th main Ukraine 19

2008 10th main Albania 13

2009 1st main Macedonia 915

2009 2nd main BIH 899

2009 3rd main Serbia 585

2009 4th main Russia 259

2009 5th main Albania 224

2009 6th main Ukraine 195

2009 7th main Kosovo 118

2009 8th main Croatia 97

2009 9th main Turkey 87

2009 10th main Montenegro 30

83

2010 1st main BIH 446

2010 2nd main Serbia 281

2010 3rd main Russia 245

2010 4th main Albania 189

2010 5th main Macedonia 134

2010 6th main Ukraine 131

2010 7th main Turkey 117

2010 8th main Croatia 67

2010 9th main Kosovo 56

2010 10th main China 34

Source: General Police Directorat, Border Police Division

EUROSTAT

Abbrevations:

1. Bosnia and Herzegovina: BIH

2. Not available: N/A

3. Republic of Moldova: Moldova

4. Russian Federation: Russia

5. the former Yugoslav Republic of Macedonia: Macedonia

84

Tables 8: Third country nationals refused entry at the external borders due to the presentation of a false visa or residence permit

Table 8.1: Overall trend

2001 2002 2003 2004 2005 2006 2007 2008 2009 2010

Total number of

refusals due to the

presentation of a

false visa or

residence permit N/A N/A N/A N/A N/A 39 108 40 35 27

Source: General Police Directorat, Border Police Division

EUROSTAT

85

Table 8.2: Main 10 of citizenship

Position of the

country of

citizenship

Name of the country

of citizenship Total

2006 1st main Macedonia 23

2006 2nd main Serbia 9

2006 3rd main BIH 2

2006 4th main Ukraine 2

2006 5th main Albania 1

2006 6th main Montenegro 1

2006 7th main Turkey 1

2007 1st main Serbia 57

2007 2nd main Macedonia 29

2007 3rd main Turkey 13

2007 4th main BIH 5

2007 5th main China 1

2007 6th main Ghana 1

2007 7th main Nigeria 1

2008 1st main Kosovo 11

2008 2nd main Serbia 10

2008 3rd main Macedonia 8

2008 4th main Turkey 5

2008 5th main Albania 2

2008 6th main BIH 2

86

2008 7th main Georgia 1

2008 8th main Peru 1

2009 1st main Serbia 14

2009 2nd main Kosovo 7

2009 3rd main Macedonia 5

2009 4th main Albania 3

2009 5th main BIH 2

2009 6th main Turkey 2

2009 7th main Algeria 1

2009 8th main Cameroon 1

2010 1st main Kosovo 11

2010 2nd main Albania 5

2010 3rd main Turkey 5

2010 4th main Macedonia 2

2010 5th main Croatia 1

2010 6th main Iran 1

2010 7th main Tunisia 1

Source: General Police Directorat, Border Police Division

EUROSTAT

Abbrevations:

1. Not available: N/A

2. the former Yugoslav Republic of Macedonia: Macedonia

87

Table 9: Third country nationals refused entry at the external borders due to the fact that the person

already stayed 3 months in a 6 months perios

Table 9.1: Overall trend

2001 2002 2003 2004 2005 2006 2007 2008 2009 2010

Total number of

refusals due to the

fact that the person

already stayed 3

months in a 6-

months period N/A N/A N/A N/A N/A 22 123 508 871 1 260

Source:

General Police Directorat, Border Police

Division

EUROSTAT

88

Table 10: Third country nationals found to be illegally present

Table 10.1: Overall trend

2001 2002 2003 2004 2005 2006 2007 2008 2009 2010

Total number

of third-

country

nationals

found to be

illegally

present N/A N/A N/A 524 675 1 357 731 1 925 2 297 2 995

Source: General Police Directorat, Border Police Division

EUROSTAT

89

Table 10.2: Main 10 countries of citizenship

Position of

the country of

citizenship

Name of the

country of

citizenship Total

2004 1st main Serbia&MN 154

2004 2nd main Croatia 85

2004 3rd main BIH 78

2004 4th main Macedonia 54

2004 5th main Bolgaria 42

2004 6th main Romania 42

2004 7th main Ukraine 28

2004 8th main Albania 1

2004 9th main Turkey 0

2004 10th main Other c. 40

2005 1st main Serbia&MN 190

2005 2nd main BIH 99

2005 3rd main Croatia 60

2005 4th main Bolgaria 50

2005 5th main Macedonia 49

2005 6th main Romania 46

2005 7th main Ukraine 8

2005 8th main Albania 6

2005 9th main Turkey 6

2005 10th main Other c. 161

90

2006 1st main Serbia&MN 113

2006 2nd main Croatia 94

2006 3rd main BIH 90

2006 4th main Serbia 57

2006 5th main Macedonia 40

2006 6th main Ukraine 17

2006 7th main Turkey 2

2006 8th main Thailand N/A

2006 9th main Hungary N/A

2006 10th main Other c. 941

2007 1st main BIH 205

2007 2nd main Serbia 164

2007 3rd main Croatia 111

2007 4th main Macedonia 59

2007 5th main Turkey 25

2007 6th main Ukraine 10

2007 7th main Montenegro 10

2007 8th main Serbia&MN 9

2007 9th main Hungary 4

2007 10th main Thailand 4

91

2008 1st main Croatia 730

2008 2nd main BIH 489

2008 3rd main Serbia 201

2008 4th main Macedonia 133

2008 5th main Kosovo 68

2008 6th main Ukraine 47

2008 7th main Turkey 27

2008 8th main Montenegro 24

2008 9th main Brasilia 6

2008 10th main Moldova 4

2009 1st main Croatia 1 209

2009 2nd main BIH 368

2009 3rd main Macedonia 155

2009 4th main Serbia 125

2009 5th main Ukraine 84

2009 6th main Kosovo 79

2009 7th main Montenegro 19

2009 8th main Brasilia 17

2009 9th main USA 17

2009 10th main Turkey 9

92

2010 1st main Croatia 1 453

2010 2nd main Macedonia 408

2010 3rd main Serbia 317

2010 4th main BIH 261

2010 5th main Ukraine 147

2010 6th main Kosovo 86

2010 7th main Brasilia 41

2010 8th main USA 35

2010 9th main Montenegro 24

2010 10th main Moldova 24

Source: General Police Directorat, Border Police Division

EUROSTAT

Abbrevations:

1. Serbia and Montenegro: Serbia&MN

2. Other

countries:Other C.

3. Bosnia and Herzegovina: BIH

4. United States: USA

5. Not available: N/A

6. Republic of Moldova: Moldova

7. the former Yugoslav Republic of Macedonia: Macedonia

93

Tables 11: Residence permit by reason and citizenship

Table 11.1 : Residence permit by reason

Total Education Employment Family

Other

reasons:

Total

Other

reasons:

Humanitarian

/

international

protection

reasons

Other

reasons:

Residence

only

Other

reasons:

Other

reasons

not

specified

Other

reason:

national

category

not

elsewhere

specified.

Please

specify: *

Other

reason:

national

category

not

elsewhere

specified.

Please

specify:*

2001 N/A N/A N/A N/A N/A N/A N/A N/A / /

2002 N/A N/A N/A N/A N/A N/A N/A N/A / /

2003 N/A N/A N/A N/A N/A N/A N/A N/A / /

2004 N/A N/A N/A N/A N/A N/A N/A N/A / /

2005 N/A N/A N/A N/A N/A N/A N/A N/A / /

2006 N/A N/A N/A N/A N/A N/A N/A N/A / /

2007 N/A N/A N/A N/A N/A N/A N/A N/A / /

2008 96 284 246 24 954 3 962 53 0 0 53 / /

2009 89 079 666 11 910 3 116 67 20 0 47 / /

2010 85 787 628 3 659 3 169 81 23 58 0 / /

Source: EUROSTAT

Ministry of the Interior, Internal Administrative Affairs Directorate

94

Table 11.2 : Residence permit by reason and 10 main countries of citizenship (extra EU - 27)

Position

of the

country

Name of the

country Total

Educat

ion Employment Family

Other

reasons: Total

Other

reasons:

Humanita

rian /

internatio

nal

protection

reasons

Other

reasons:

Residence

only

Other

reasons:

Other

reasons not

specified

2008 1st main BIH 47 781 161 27 068 3 779 16 773

2008 2nd main Serbia 15 625 154 8 850 1 730 4 891

2008 3rd main Macedonia 11 651 267 5 683 1 688 4 013

2008 4th main Croatia 9 924 336 3 397 926 5 265

2008 5th main Kosovo 5 061 19 3 720 740 582

2008 6th main Montenegro 1 538 25 122 98 1 293

2008 7th main Ukraine 1 328 6 599 244 479

2008 8th main China 675 11 193 105 366

2008 9th main Russia 577 30 158 111 278

2008

10th

main Moldova 299 4 137 48 110

2009 1st main BIH 42 018 196 19 167 4 528 18 127 1

2009 2nd main Kosovo 10 552 37 6 685 1 523 2 307 12

2009 3rd main Macedonia 10 158 290 3 610 1 758 4 500

2009 4th main Croatia 9 862 417 2 935 1 042 5 468

2009 5th main Serbia 9 791 176 4 379 1 238 3 998

2009 6th main Montenegro 1 311 47 116 140 1 008

2009 7th main Ukraine 1 303 10 487 254 552

95

2009 8th main China 962 15 400 99 448

2009 9th main Russia 601 26 165 116 294

2009

10th

main Moldova 296 4 119 52 121

2010 1st main BIH 41 201 192 4 888 16 200 19 913 8

2010 2nd main Croatia 9 961 377 2 892 1 091 5 601

2010 3rd main Kosovo 9 724 41 3 887 1 889 3 906 1

2010 4th main Macedonia 9 511 305 2 442 1 587 5 177 7

2010 5th main Serbia 8 273 134 3 277 1 157 3 673 32

2010 6th main Ukraine 1 395 13 457 283 642

2010 7th main Montenegro 1 297 28 83 139 1 047

2010 8th main China 990 36 331 119 504

2010 9th main Russia 694 40 195 124 335 1

2010

10th

main Moldova 307 5 95 61 146

Source: EUROSTAT

Ministry of the Interior, Internal Administrative Affairs Directorate

Abbrevations:

1. Bosnia and Herzegovina: BIH

2. Republic of Moldova: Moldova

3. Russian Federation: Russia

4. the former Yugoslav Republic of Macedonia: Macedonia

5. Not available: N/A