Area: Delovno pravno
Competent authority: MDDSZ, MNZ
EZU URL: .nan
Initiative ID: 822
Initiative accepted and completed: '2020-05-28'
Initiative classified in EZU: .nan
Initiative forwarded in response: '2017-06-19'
Initiative published: '2017-06-19'
Initiative submitted: '2017-06-19'
Response from the competent authority: "Reply from the Ministry of the Interior:With\
  \ regard to the petition for administrative relief or simplification of the procedure\
  \ for renewal of the single permit for residence and work, we would like to clarify\
  \ that the issuance as well as the renewal of the single permit for residence and\
  \ work is regulated by the Aliens Act (Official Gazette of the Republic of Slovenia,\
  \ No 16/17-UPB5, hereinafter: ZTuj-2). According to this Act, the uniform residence\
  \ and work permit, the issue and renewal of which is the responsibility of the administrative\
  \ unit, is a temporary residence and work permit which allows an alien to enter,\
  \ reside and work in the Republic of Slovenia. The provisions of the ZTuj-2 relating\
  \ to the residence permit also apply to the single residence and work permit.\r\n\
  The ZTuj-2 provides (Article 36(1)) that an application for the extension of a temporary\
  \ residence permit, and therefore also an application for the extension of a single\
  \ residence and work permit, must be submitted before the expiry of the period until\
  \ which the permit is valid, i.e. no later than the last day of validity of the\
  \ temporary residence permit, and therefore also of the single residence and work\
  \ permit. The LTUJ-2 does not specify how long before the expiry of the validity\
  \ of the temporary residence permit or the uniform residence and work permit an\
  \ application for renewal of the temporary residence permit or the uniform residence\
  \ and work permit must be submitted, but only requires that the application be submitted\
  \ before the expiry of the validity of the uniform residence and work permit. If\
  \ the application is submitted a long time before the expiry of the single permit\
  \ for residence and work, this is considered to be an irregularity under the provisions\
  \ of the Act on General Administrative Procedure (Official Gazette of the Republic\
  \ of Lithuania, No. I. RS, No. 24/06-UPB2, 126/07, 65/08, 8/10 and 82/13, hereafter:\
  \ ZUP) may be grounds for rejecting the application (because the same administrative\
  \ case has already been decided, as the alien already has a uniform residence and\
  \ work permit).\r\nThe Ministry of the Interior of the Republic of Slovenia also\
  \ explains in relation to the petition that on a timely submitted application for\
  \ the extension of a uniform residence and work permit, the administrative unit\
  \ issues the alien with a certificate on the submitted application, which allows\
  \ the alien to work or be employed in the Republic of Slovenia until the final decision\
  \ on the application is taken (eighth paragraph of Article 37(1) of the Act of Accession\
  \ to the Republic of Slovenia). In the light of the above, the allegation in the\
  \ petition (No 822) that an alien for whom the procedure for renewal of a uniform\
  \ residence and work permit is being conducted may not work or engage in employment\
  \ in the Republic of Slovenia during the period of the decision on the application\
  \ (after the uniform residence and work permit has expired) is not correct. An alien\
  \ with a certificate of an application for the extension of a single permit may\
  \ legally reside and work with the same employer and at the same workplace until\
  \ the final decision on the application is made, as provided for in both the Act\
  \ on Employment, Self-employment and Work of Aliens (Article 37a) and the Act on\
  \ Employment, Self-employment and Work of Aliens (Article 18).Further clarification\
  \ by the Ministry of Foreign Affairs:The Aliens Act stipulates that an alien must\
  \ submit an application for the extension of a temporary residence permit to the\
  \ competent authority in the Republic of Slovenia before the expiry of the period\
  \ until which the permit is valid, but it does not specify how long before the expiry\
  \ date, or precisely when before the expiry date, the application must be submitted.\
  \ In order to standardise the practice of the administrative units and the Employment\
  \ Service of the Republic of Slovenia (the Service), it has been agreed that foreigners\
  \ are advised to submit an application for the extension of a single permit at the\
  \ earliest, or at most 60 days before the expiry of the residence permit. We have\
  \ also informed all administrative units of this by our letter No 012-11/2014/50\
  \ (1311-08), dated 30 November 2015. If the application is submitted well before\
  \ this deadline, according to the General Administrative Procedure Act, this may\
  \ be a reason for rejecting the application, as the same matter has already been\
  \ decided."
Text file: 822.txt
Title: Renewal of work permit
URL: https://www.stopbirokraciji.gov.si/pobuda/?st=822
