We have become accustomed to foreign students studying at Slovak universities. Whether they were students in the past who studied at university as part of the aid for countries of the Council of mutual economic assistance, or the students studying at Slovak universities today based upon various exchange programs, or on a commercial basis. Statistics from recent years indicate that the number of foreign students at some universities is constantly growing. In the majority of cases these students study in the English language.
Of course there are students who make use of the fact that if a student undergoes his study program in the state language, he studies under the same conditions as the local Slovaks, meaning the study in Slovakia is free of charge. This opportunity is being used more and more by students from across our eastern border. Just in school year 2016/2017 the two largest universities in Košice received applications for various levels of study from more than 350 students from Ukraine.
During their adaptation in Slovakia, they encounter many problems, one of them is the matter of legalizing their stay.
Just as with other types of temporary residency, residency for the purpose of study is treated in law # 404/2011 Coll. concerning the residency of foreigners and the amendments and supplements of some laws in the wording of later regulations.
The groups of persons who may be granted temporary residence for the purpose of study are outlined in § 24 of the law named. In the wording of this provision the police department may grant residency for the purpose of study to the national of a third country, who:
- is a student of middle school,
- is an attendee of a language school,
- is a university student,
- is participating at a language school or specialized preparation for study at university, which is organized by a university in the Slovak Republic.
Temporary residency for the purpose of study may be granted to the national of a third country up to a period of 6 years. The length of this time period is determined according to the standard length of study which is for the individual levels of designated individual faculties (universities) in the sense of accreditation of their study programs. Students at the first level of study (Bc.) are granted temporary residency for a period of 3 years, and students at the second level (Mgr., Ing., …) are usually granted residency for 2 years. Exceptions are essentially for fields such as General Medicine, Dentistry, where the standard length of study is up to 6 years.
Just as with other types of residency, to obtain residency permission for the purpose of study it is neccessary to give documentation for basic facts. This mainly concerns:
- purpose of residency,
- financial support for residency,
- provision of accommodation,
- a clean record.
Purpose of stay
For temporary residency for the purpose of study there must be documented:
- confirmation from the appropriate organ of state administration or school as to the acceptance of the national from a third country for study,
- confirmation of the organization administratively providing the programs approved by the government of the Slovak Republic or European Union programs on the basis of agreement with the relevant organ of state administration.
Confirmation of the organ of state administration, or school, as to the acceptance of the national of a third country for study, is usually interpreted in the case of an applicant for school study in the Slovak Republic as a regular student. This concerns middle school students as well as university students. The confirmation issued by the state organ or school must fulfill certain conditions. One of the most basic is that it must be signed by a statutory of the middle school (headmaster) or the university (dean, or the associate dean of the relevant faculty).
Confirmation of the organization administratively providing programs approved by the government of the Slovak Republic or European Union programs on the basis of agreement with the relevant organ of state administration is translated mainly in cases where the students have arrived as part of one of the various programs financed by the European Union e.g. ERASMUS, etc.), or as part of a program financed by the government of the Slovak Republic (e.g. SAIA). Since this concerns foreign students, and in international programs it often happens that these documents are issued in a foreign language (mainly in English), and therefore are not acceptable by the Foreign Police, because in the wording of the law all documents must be submitted in the state language or translated into Slovak language by a translator registered on the list of experts, translators and interpreters overseen by the Department of Justice of the Slovak Republic.
We must also point out that the documents confirming the purpose for residency must also be submitted in original form.
Financial support for residency
Regarding the fact that temporary residency can be requested by individuals younger than 18, the issue of financial support has it own specifics. Proof of financial provision is documented by the applicant, that he has sufficient financial means for living in Slovakia, and that he will not become a financial burden on the social system of the Slovak Republic.
Financial support must be documented for temporary residency for the purpose of study, as follows:
- minimum 12-fold of the living wage – which is represented by a minimum sum of 2377,08 EUR (12 x 198,09 – living wage). This sum is evidence of sufficient financial means so that the foreigner not become a burden on the social system of the Slovak Republic. This sum is usually documented by confirmation from the bank as to the available balance on the account, which is kept in the name of the national of the third country who is applying for residency. (Confirmation may also be from a bank in the home country, but such a verification must then be tranlated into Slovak language by a translator who is registered on the list of experts, translators and interpreters overseen by the Department of Justice of the Slovak Republic. Financial means to the sum of 12-fold the living wage is to be evidenced by individuals older than 18 years,
- minimum 6-fold of the living wage (half of the sum) – 1188,54 is evidenced for indivuals younger than 18 years. This sum is usually presented by confirmation from a bank concerning available balance on the account, which in kept in the name of the national from the third country who is applying for residency. In the case of minors, it is often the case that the means of financial support are evidenced by a confirmation of the account kept in the name of one of the parents, or a third person. In this case, an affidavit certified by a notary public must also be submitted of the person to be providing financial support for the residence applicant. If this statement is done before a notary public in a foreign state, an apostille must be provided, or a higher confirmation, and a translation into the state language by the translator registered on the list maintained by the Ministry of Justice of the Slovak Republic.
Providing accommodation
As mentioned earlier, temporary residency for the purpose of study has its own specifics, and the same holds true for providing accommodation.
For example, students who are to study at university need not evidence their accommodation. This fact carries consequences however, which students are not aware of in the early stages. If a university student does not submit confimation of his accommodation, he will have in his residency document an address of the town district and therefore may have problems inviting individuals close to him (direct relatives) to Slovakia. Students from Ukraine can invite their direct relatives by way of notary-certified invitation. Unfortunately, an invitation done this way will not be accepted, that is, in a case where the student does not have in his residency document an exact address listed by the representative offices of Slovak Republic and Ukraine.
It has its advantages on the other hand. Student residency halls often issue accommodation confirmation only for one school year, and therefore the students are given a resident`s document only for the period for which the confirmation was issued. If a student does not submit confirmation, the residency document will be issued for the entire presumed study period.
Otherwise general rules are valid for accommodation, the same as for other types of stay.
Personal integrity
In the event of giving evidence as to clean record, there is directly an exception for a certain group of students. These are middle school students who, even though they are older than 14, need not give evidence of their clean record, or personal integrity.
Decision for granting residency
In the case of students, the relevant organs have a 30-day limit for deciding about granting or refusing residency for the purpose of study. This time period starts on the day of receipt, or submission of application to the relevant department of the Foreign Police, where it will be decided. (Regarding the fact that it is the start of the school year, there are a great number of applicants for temporary residency for the pupose of study, and it can happen that the application is not resolved within 30 days. For students with visas this is not a great problem, for if they have a valid visa and fulfill their responsibilities as pursuant to the law, they may study without hindrance.
After issuance of temporary residency in the Slovak Republic, further responsibilities ensue for the foreign student, from which we select:
- within 30 days of receipt of the residency document he must submit verification to the appropriate healthcare facility that he suffers no illness which would threaten public health in the Slovak Republic.
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