Residence of Foreigners in Territory of Slovakia

Stay of Foreign Nationals in Slovakia

The conditions for the entry and stay of foreign nationals in Slovakia are laid down in Act No. 404/2011 on Residence of Aliens and Amendment and Supplementation of Certain Acts. This Act shall regulate the scope of the police force activities for the provision of border control of the Slovak Republic borders and in the area of the residence of aliens in the Slovak Republic territory, scope of activities of public authorities in the area of visas, conditions for the entry of aliens into the Slovak Republic territory and conditions for the leaving of the Slovak Republic territory which have not been amended in a special regulation or international treaty which is binding for the Slovak Republic, conditions of residence, issuing documents for aliens, registration of persons and residence control, administrative expulsion and ban on entry, detention of third country nationals and placement into facilities, police transport of third country nationals through the Slovak Republic territory and policy escort of third country nationals from the Slovak Republic territory, air transit of third country nationals through the Slovak Republic territory thereinafter referred to as the “air transit”, rights and duties of persons during border control and during residence, offences and other administrative delicts at the department of border and residence control. This Act also applies for the aliens who applied for the granting of asylum or for the provision of subsidiary protection in the Slovak Republic territory (thereinafter referred to as the “application for the granting of asylum”) who were granted asylum in the Slovak Republic territory, who were granted subsidiary protection in the Slovak Republic territory, who applied for the provision of temporary refuge in the Slovak Republic territory or who were granted temporary refuge in the Slovak Republic, unless provided otherwise by a special regulation.

 pdf ACT No 404/2011 of 21 October 2011, on Residence of Aliens and Amendment and Supplementation of Certain Acts.(Consolidated version)  (pdf; 972.48 KB)

 

Types of residence

Based on an application and in compliance with the purpose it pursues, a foreign national may be granted, once the requirements have been met as set in §§ 20 through 76 of Act No. 404/2011 on Residence of Aliens and Amendment and Supplementation of Certain Acts, a permit for temporary (for the purpose of business; employment; study; special activity; research and development; family unification; performing service obligations by civil units of armed forces; who has the status of a Slovak living abroad; who has the statues of a person with long term residence in another member state; the residence on the basis of a blue card of the European Union), permanent ( residence for five years; residence of unlimited duration; residence of a third country national with acknowledged status of a person with long term residence in the European Union) or tolerated residence. The residence of the Union citizen and the residence of the family member of the Union citizen shall be permanent residence.

 

Temporary residence

A temporary residence permit entitles foreign nationals – holders of a valid travel document – to stay in the territory of the Slovak Republic and freely enter and leave its territory within the time period for which the permit has been granted by a competent police department. The temporary residence permits are granted for a specific purpose, such as: business (§ 22), employment (§ 23), studies (§ 24), special activity (§ 25), research and development (§ 26), or family reunion (§27), performing service obligations by civil units of armed forces (§ 28), who has the status of a Slovak living abroad (§ 29), who has the statues of a person with long term residence in another member state (§ 30), the residence on the basis of a Blue Card of the European Union (§ 37). Temporary residence shall be bound with a single purpose: business (for a period of up to 3 years), employment up to 2 years), studies (up to 6 years), special activity (up to 2 years), research and development (up to 2 years), or family reunion (up to 5 years), performing service obligations by civil units of armed forces (up to 5 years), who has the status of a Slovak living abroad (for 3 years), who has the statues of a person with long term residence in another member state (up to 5 years), the residence on the basis of a Blue Card of the European Union (up to 3 years).

 

Permanent residence

A permanent residence enables a third country national to stay, exit and re-enter the Slovak Republic territory during the time period as specified by a police department. Permanent residence enables a third country national to stay, exit and re-enter the Slovak Republic territory during the time period as specified by a police department, unless provided otherwise herein. Permanent residence shall be for five years, of unlimited duration, of a third country national with acknowledged status of a person with long term residence in the European Union. A police shall grant, upon the application of a third country national, permanent residence of unlimited duration to a third country national who has had permanent residence for at least four years as per Art. 43, or is a child younger than 18 years of age of a third country national with permanent residence of unlimited duration. The Ministry of Interior can grant permanent residence of unlimited duration even without fulfilling the conditions as specified herein, if necessary for the provision of protection and assistance to a witness as per a special regulation; to a person without any citizenship, for reasons of particular concern, upon a proposal of the Slovak Information Service due to safety interests of the Slovak Republic, or to a full aged person who has been granted a tolerated residence for at least three years of study at a school in the Slovak Republic territory. New reason for cancellation of permanent residence is, if the alien requests assistance in material need.

 

Tolerated residence

A police department shall grant tolerated residence to a third country national, if there is no reason for the refusal of a request as per Art. 59 par. 12 (b), in the case of his/her administrative expulsion as per Art. 81, who was granted a temporary refuge, or if his/her exit is impossible and his/her detention is inefficient.
A police department shall grant tolerated residence to a third country national if there are no reasons for the refusal of an application as per Art. 59 par. 12, who is a minor person found in the Slovak Republic territory, if required due to the respect for his/her personal and family life and not threatening the state safety or public order; a third country national as per Art. 27 par. 1 and Art. 43 par. 1(a) to (d) such a residence can be granted only then, if s/he is not a holder of a valid travel document and demonstrates his/her identity in another trustworthy way, who is the victim of human trafficking, if s/he is at least 18 years old; a police department or a person authorised by the Ministry of Interior shall inform the third country national about the possibility and conditions for the granting of tolerated residence for this reason and about the rights and duties which follow from this.

 

Applying for residence permits

An application for the granting of temporary residence shall be filed by a third country national in an official form. When filing an application for the granting of temporary residence, the third country national shall be obliged to submit a valid travel document and all the necessities for the application for the granting of temporary residence defined herein; otherwise the representing authority or police department shall not accept the application for the granting of temporary residence.
Conditions governing the residence permit application procedure are specified in §31 through §34 and § 38–40 (for the temporary residence), in §48 through §48 (for the permanent residence) and in §59 (for tolerated residence) of Act No. 404/2011 on Residence of Aliens and Amendment and Supplementation of Certain Acts.

An application for the granting of temporary residence shall be filed by a third country national in person abroad at a representing authority accredited for the state which has issued a travel document for him/her or at a representing authority accredited for the state in which s/he has permanent residence; unless provided otherwise herein; if there is no such an embassy or in exceptional circumstances the Ministry of Foreign Affairs shall determine, following to the agreement with the Ministry of Interior, another representing authority where the third country national files the application for the granting of temporary residence. The representing authority which has received the application shall issue a certificate of receipt to the applicant on the date of its receipt. A representing authority which has received the application shall perform an interview with the applicant for the granting of temporary residence in order to preliminarily evaluate the application. The interview shall be performed in the state language or in another language which is comprehensible for both parties. The representing authority shall prepare a written record about the interview which is to be attached to the application for the granting of temporary residence. The record shall be prepared in the state language and must be signed by the applicant. If the applicant cannot speak the state language, s/he can provide for an interpreter at his/her own cost who shall be obliged to sign the record. The representing authority shall send its statement on the granting of temporary residence to the police department together with the record; and the statement shall specify, whether the granting of temporary residence is recommended or not, giving specific reasons. An application for the granting of temporary residence can be also filed in person by a third country national at a police department, if his/her residence in the Slovak Republic territory is authorised; whereas the filing of an application shall not make the residence of a third country national in the Slovak Republic territory authorised beyond the conditions defined in a special regulation. Application for tolerated residence shall be applied on the relevant Department of the Aliens Police.

The schedule of administrative charges are in the part II, Internal Administration, the wording of item 24.

pdf Documents needed to be submitted for accepting the application for the residence  (pdf; 337.75 KB)
pdf Application for the temporary residence / Application for permanent residence for 5 years / Application for tolerated residence  (pdf; 64.53 KB)

Last updated: 2016-11-14 13:16:26.409 Create Date: Fri Jun 28 00:00:00 CEST 2013