By Maruša Opeka
We have written many times that irregularities regarding the registration of residences must be dealt with systemically. The Bill on Amendments to the Residence Registration Act, the aim of which is to prevent fictitious registrations, was discussed at the 63rd extraordinary session of the National Assembly of the Republic of Slovenia on March 1st, 2021.
The National Assembly has also adopted much-needed changes, which should end the fictitious residence registrations and thus the exploitation of social transfers. According to the Ministry of the Interior, the law provides solutions that will prevent fictitious reports. Namely, the so-called territorial jurisdiction is being introduced again, which means that an individual will be able to register permanent or temporary residence only in the area of the administrative unit where the address to which s/he is applying is located. “Administrative units are familiar with the situation in their area, they will find it easier to follow the applications in their area, and at the same time it will no longer be possible for an individual who fails to register at one administrative unit to do so elsewhere,” the Ministry said.
Connection with GURS
The official will also have to check the data on the actual use of the part of the building intended for accommodation, as well as the number of registered persons at the address where someone wishes to register permanent residence. Surface standards for registration of residence will now be prescribed by regulations.
Data from the records of the Surveying and Mapping Authority of the Republic of Slovenia (GURS) will be directly available in the register of permanent residents. “In an abbreviated procedure, the party will be asked to submit appropriate proof within eight days that it regulates possible irregularities in the records of the GURS (e.g. incorrectly determined use or square footage),” the ministry explained, adding that without proof a refusal decision will be issued immediately. However, in the event that the client submits appropriate proof, the administrative unit will only make a temporary application until the data in the GURS records are adjusted. In this way, the amendment to the law should also help to regulate the records of the GURS.
The Ministry also added that “in the event that the basic conditions for registration – originating from the use or purpose, size or number of already registered persons, as well as if the individual wants to register at an address where no house number has been determined, or if s/he does not provide proof that s/he has the right to reside at the address – are not fulfilled, then a shortened administrative procedure will be carried out instead of a declaratory administrative procedure.” The competent office will issue a request to either complete or reject the application if the client does not submit the evidence within the deadline. “This way, decision-making can be done quickly and efficiently,” they are convinced at the Ministry. However, even if the conditions are not met, the child will exceptionally be allowed to register. This will be done only under the condition that at least one of the parents is already registered at the address. For other close family members, a classic identification procedure will be carried out before applying for such an address.
Reality of data
The Ministry of the Interior warns that, as is already the case for individuals, the law will also oblige landlords to provide true information when registering. For violators, a fine of 1,500 to 4,000 euros is envisaged, and for the responsible person of the landlord, a fine of 500 to 1,500 euros. “A foreigner who has a regulated status and residence permit, but does not have a registered residence in Slovenia, because s/he is not accommodated here for a longer period, will have to register at a private address with the police in the case of accommodation in Slovenia (more than 3 days and less than 90 days),” they further explain. At the end of March, the National Assembly is expected to discuss some changes, such as the mandatory introduction of the use of the Slovene language for foreigners and the verification of their means of subsistence, as part of an amendment to the Aliens Act.
In 2020, according to the Ministry of the Interior, administrative units introduced 4,554 procedures for establishing permanent residence, and 5,758 procedures for determining temporary residence – verification of already executed applications. In 2020, 2,050 procedures for establishing permanent residence were resolved: 293 individuals terminated their permanent residence, 127 individuals registered new permanent residence, 123 individuals were deregistered from the territory of the Republic of Slovenia, 228 individuals were granted legal residence, one procedure was terminated, and 1,278 proceedings were discontinued. Last year, administrative units also resolved 554 procedures for determining temporary residence.
They found that 124 individuals had their temporary residence terminated, one individual had been granted new temporary residence, and 429 proceedings had been terminated. Last year, administrative units also checked the veracity of the registration of permanent residence in 313 administrative procedures and the veracity of the registration of temporary residence in 1,195 procedures. “198 procedures for verifying the veracity of the registration of permanent residence were resolved, with 40 rejections of applications for permanent residence, and 158 suspensions of the procedure,” the Ministry said. In the verification of the application for temporary residence, 589 proceedings were resolved. In 218 cases, the application was rejected, and in 371 cases, the proceedings were stopped. The authorities explain that an individual municipality that finds out that an individual who does not actually reside at a specific address in its area may propose to the administrative unit the introduction of a procedure for determining permanent or temporary residence in accordance with the Registration Act. “Indirectly, therefore, upgrading the e-Municipality application can also be an additional tool for preventing fictitious applications,” they are convinced. The e-Municipality application is currently used by 208 municipalities. The basic purpose of the application is that by using the information system, local communities are ensured uninterrupted and constant access to data from the Central Population Register.
