We distinguish between two types of transfer, namely:
- transfer from a company with headquarters in a third country to an associated company with headquarters in Slovenia,
- transfer between associated companies within the EU, which may be short-term or long-term.
In both cases, you must have an employment contract concluded with the company from which you are transferred to Slovenia already before and during the transfer.
If your first residence permit allowing you to work as an intra-corporate transferee was issued by an EU country that does not fully apply the Schengen acquis, you will be required to present a valid travel document and a valid residence permit as well as a copy of the official notification of the intended relocation (short-term relocation) or the employment contract or relocation act (long-term relocation) when entering the Republic of Slovenia.
TRANSFER FROM A THIRD COUNTRY TO SLOVENIA
WHO may be transferred within a company?
Managers, experts or persons in training may be transferred.
In addition to evidence of compliance with other conditions you must also submit an employment contract and a transfer document.
You submit an application in person, or this can be done by the associated company in Slovenia to which you will be transferred.
How long can your stay in EU countries be if you are a transferred worker?
If you are a manager or an expert, your total residence in EU countries (including Slovenia) must not exceed three years. If you are a person in training, your total residence in EU countries (including Slovenia) must not exceed one year.
TRANSFER WITHIN THE EU
Transfer may be short-term or long-term. In both cases, transfer is possible if you already have a single permit for a person transferred within a company that was first issued by
another EU country and you intend to work or be trained in an economically-associated company in Slovenia.
What to do if you had a single permit for a person transferred within a company issued in Slovenia, but it has expired or has been revoked during your short-term or long-term transfer in another EU country?
At the request of another EU country, Slovenia will allow you and your family members to re-enter. Within five days from your entry, you can file an application at the administrative unit for yourself and for your family members for a residence permit for a specific purpose.
SHORT-TERM TRANSFER means that in the last 180 days, you may work in an associated company in Slovenia for up to 90 days (within 180 days, you may enter and exit Slovenia, but the number of days you spend in Slovenia may not exceed 90 days). Your employer in another EU country, which first issued your single permit for a person transferred within a company, must arrange all that is necessary for your transfer – they must officially give notification of the purpose of your short-term transfer and enclose the required evidence. Within 20 days of receiving the complete official notification, the administrative unit will examine the application for your transfer – if the application is rejected, you are also informed of this (either at the headquarters of the employer from an associated company in another EU country or at the headquarters of the employer in Slovenia if you are already here).
If you are informed of the rejection of a short-term transfer to Slovenia before the actual transfer, you must not be transferred to Slovenia.
If you have already started your short-term transfer in Slovenia, and the transfer is then officially rejected, the decision on rejection will be served at the headquarters of the associated company in Slovenia. In this case, you must leave work or training within three days of receiving the decision, and leave Slovenia and return to the EU country that first issued your single permit for a person transferred within a company.
A valid single permit for transfer within a company that was first issued by another EU country may be extended before the expiry in the country that first issued it, but your total residence in Slovenia still may not exceed 90 days in the last 180 day period. You must also leave Slovenia within three days at the latest when your single permit for transfer issued by another EU country has expired, and you have not applied for an extension, and if the other EU country did not extend your permit. Your total residence in the EU also must not be exceeded.
EVIDENCE that needs to be enclosed with the official notification of a short-term transfer to an associated company in Slovenia:
- a valid travel document,
- a certificate showing that a third-country company from which you were transferred to an associated company with headquarters in another EU country and a company in Slovenia are connected (that these are so-called related companies),
- an employment contract and a transfer document with the starting date and the expected duration of the short-term transfer.
In addition, the following is also examined in the procedure for possible rejection of a short-term transfer:
- the existence of possible security concerns,
- whether the competent authority in Slovenia has been timely officially notified of the intent of the employer from a related company with headquarters in another EU Member State from which you are to be transferred to Slovenia,
- whether within the estimated period of short-term transfer you will attain the maximum period of residence permitted in Slovenia or in the territory of another EU Member States (one or three years),
- whether within the estimated period of short-term transfer you will attain the longest period of residence permitted in Slovenia (90 days in a 180-day period).
If the proposal for a short-term transfer is filed at the same time as the application for a single permit for a long-term transfer, the official authority in Slovenia will reject your application for a long-term transfer.
A LONG-TERM TRANSFER is a transfer to an associated company with headquarters in Slovenia for more than 90 days. You may enter Slovenia with a valid single permit for a transferred person that was first issued by another EU country and a passport. Thirty days after you enter, you or a company with headquarters in Slovenia to which you are transferred, must submit an application for a single permit for a person transferred within a company due to a long-term transfer.
Family members who have already been issued a permit for a family member of a transferred person in another EU country may reside with you in Slovenia for 30 days on the basis of an already issued permit in another EU country or until the expiry of its validity. If you want them to stay with you longer, you must also submit an application at the administrative unit for temporary residence for a family member of a person transferred within a company. You may submit an application for family members at the same time as your application.
In addition to evidence of compliance with other conditions you must also enclose with your application the employment contract and the transfer document, and at the same time you must also have a valid single transfer permit issued by another EU country. If you are already on short-term transfer, you may apply for a long-term transfer at least 20 days before the end of the short-term transfer. The certificate of the submitted application allows you to reside and work in Slovenia until the decision is made.
If your request for a long-term transfer is rejected in Slovenia or your permit is revoked for other reasons, you must leave the country no later than three days after the finality of the decision.