Background information

Migration strategies identify language skills as a key element for the integration and inclusion of migrants, especially in the labour market. Language skills should help to improve employment and educational opportunities, and help migrants to integrate more quickly into cultural, economic and social life. For this reason, the Foreigners Act (Articles 105-108) and the Decree on the provision of assistance for the integration of non-EU nationals, provide free access for third-country nationals to a 18-hours Slovenian language course, which can be extended to 240 hours, and a free exam. Family members with a temporary residence permit for family reunification are entitled to a subsistence-level Slovenian language course. On the other hand, the successful completion of the exam has become mandatory obtaining certain rights.

Content of measure

Among the requirements for social integration, the Foreigners Act (Zakon o tujcih, ZTuj-2, Articles 47 and 52) requires a certificate of Slovenian language proficiency for granting of permanent residence permits (basic level A2) and family reunification (survival level). Although the latest amended law (ZTuj-2H of November 2023) lowered the language level for family members to the lowest level, it still constitutes an obstacle to family reunification, which, according to the Advocate for the Principle of Equality, is a violation of the right to family life and the rights of children. Both provisions came into force in November 2024. On the other hand, the amended Labour Market Regulation Act (Zakon o urejanju trga dela, ZUTD) of December 2019 obliges jobseekers from third countries to pass the A1 Slovenian language exam within 12 months. If they fail, they are removed from the register for failing to meet the 'activation requirements' and also lose their entitlement to social benefits and health insurance. The law has serious consequences for the people concerned and can also lead to loss of income for their family members.

Use of measure

In the first six months (until 16 June 2022), 1803 unemployed foreigners met the language requirements and 567 were removed from the list (Advocate, 2022, p. 16). Of the 567 foreigners, 40% were Kosovo nationals (230 in total, of whom 82% were women), 24% were Bosnia and Herzegovina nationals (136; 43% of whom were women), 18% were North Macedonian nationals (100; 74% of whom were women) and 6% were Serbian nationals (36; 58% of whom were women). The Advocate for the Principle of the Equality stated that the measure is discriminatory compared to foreigners from the EU, EEA and Switzerland, for whom there is no deadline for fulfilling the language requirements and who can repeat the exam.

Target groups

Workers	Businesses	Citizens
Does not apply to workers	Does not apply to businesses	Migrants or refugees

Actors and funding

Actors	Funding
National government	National funds

Social partners

Social partners' role in designing the measure and form of involvement:

	Trade unions	Employers' organisations
Role	Consulted	Consulted
Form	Consultation through tripartite or bipartite social dialogue bodies	Consultation through tripartite or bipartite social dialogue bodies

Social partners' role in the implementation, monitoring and assessment phase:

• Social partners jointly
• Main level of involvement: Peak or cross-sectoral level

Involvement

In the Economic and Social Council, the tripartite body, the social partners regularly discuss all legislation in the economic and social field. Integration of migrants, labour migration and labour shortages are often on the negotiating table.

Views and reactions

The Advocate for the Principle of Equality recommended that no knowledge of the Slovenian language at the entry level should be required for those exercising the right to family reunification. In the end, the lower ‘survival level’ was adopted in 2023

Sources

• 12 October 2010: Labour Market Regulation Act (Zakon o urejanju trga dela, ZUTD) (pisrs.si)
• 27 June 2011: Foreigners Act (Zakon o tujcih, ZTuj-2) (pisrs.si)
• 24 August 2022: Advocate for the Principle of the Equality, Assessment of the discriminatory nature of Articles 8a and 11 of the Labour Market Regulation Act (zagovornik.si)
• 29 March 2024: Decree on the provision of assistance for the integration of non-EU nationals (Uredba o zagotavljanju pomoči pri vključevanju tujcev, ki niso državljani Evropske unije (pisrs.si)