The residency of foreign citizens in the territory of the Slovak Republic is legislated in Law No. 404/2011 Coll. on the Residency of Foreigners and on the Amendment and Supplementation of Certain Acts as Amended (hereinafter referred to ‘the Foreigner Act’). In addition to issues of residency, the Act also addresses other issues such as the scope of powers of border police in the protection of the external border, issues relating to the granting of visas, conditions for the admission of foreigners to the territory of the Slovak Republic and many other topics.
The question of the residency of foreign citizens in the Slovak Republic is dealt with in the third section of the Foreigner Act. The Act distinguishes between several different forms of residence; residency permits which are issued to third-country nationals and their family members, residency permits issued to citizens of the Member States of the European Union and their family members, residency permits issued for different periods of time, and permits issued for different purposes.
The first chapter of the third section of the Foreigner Act distinguishes three types of residency for third country nationals of third-party states as follows:
- Temporary residence,
- Permanent residence,
- Tolerated stay.
Temporary residence
Temporary residence as granted to a third country national in the territory of the Slovak Republic entitles the foreign citizen to reside in the territory of the Slovak Republic, and to travel from and re-enter the territory of the Slovak Republic during the period for which the residency permit was issued. Temporary residence is issued for only a single purpose only and if a foreigner wishes to change the purpose of their stay during the period of the residency permit, he / she must apply for a new temporary residence permit for another purpose (to apply for a change in the purpose of the stay). An exception in this case is made for students with a temporary residence permit issued for study purposes who are permitted to perform business activities or work without changing the purpose of their stay in the Slovak Republic (the length of the working hours of students is limited by the law on employment services).
Family members of third country nationals who have been granted residency for family reunification purposes are permitted to carry out business activities or, after one continual year of residence for family reunification purposes, to be employed without the need for a work permit or confirmation from the Office of Work, Social Affairs and Family of their ability to accept a vacant work position.
Special status in this respect can be granted to third country nationals who have been granted temporary residence as Slovaks living in foreign countries. These individuals are entitles to work from the date at which the residency permit is granted without the need for a work permit or confirmation of their eligibility to accept a vacant work position.
All foreign citizens who are granted any form of temporary residence in Slovakia are able to study without the need to change the purpose of their stay.
The Act distinguishes between several types of temporary residence on the basis of the purpose for which residency was granted. These types of temporary residences are as follows:
– for the purpose of business,
– for the purpose of employment,
– for the purpose of study,
– for the purpose of specific activities,
– for the purpose of research and development,
– for the purpose of family reunification,
– for the purpose of fulfilling duties within the civilian component of the armed forces,
– for individuals with the status of Slovaks living in foreign countries,
– for individuals who have the status of a long-term resident in another Member State.
Temporary residence in the territory of the Slovak Republic is also considered as temporary residence on the basis of a European Union Blue Card issued under the Foreigner Act.
Permanent residence
Permanent residence permits third country national to reside, and to travel from and return to the territory of the Slovak Republic during the period for which the residency permit was issued. The Act defines permanent residence as:
- Permanent residence for five years,
- Permanent residence for unlimited period,
- Residence of a third country national with the status of a long-term resident of the European Union (long-term residence).
Permanent residence for five years
Permanent residence for five years can be granted according to strictly defined categories of applicants. These are third country nationals who are:
- the spouse or direct relative of a Slovak citizen who has permanent residence in the Slovak Republic,
- an unmarried child below the age of 18 who is entrusted to the care of a third country national who is the spouse of a Slovak citizen with permanent residence in the Slovak Republic,
- the unmarried child under the age of 18 of or a child below the age of 18 entrusted to the care of a third country national who has been granted permanent residence for five years,
- the dependent child older than 18 years of a third country national with permanent residence who are unable to care for themselves due to a long-term health condition,
- an individual who is of interest to the Slovak Republic.
Permanent residence for unlimited period
By law, permanent residence for unlimited period can be granted to third country nationals who are:
- individuals who have been granted permanent residence for at least 4 years under the Residence (Permanent Residence) Act,
- unmarried children below the age of 18 entrusted to the care of third country nationals with permanent residence for unlimited period.
In extraordinary cases, the Ministry of the Interior of the Slovak Republic can grant permanent residence for unlimited period even if the conditions for such a permit have not been fulfilled. This is typically cases in which it is necessary to provide witness protection and assistance to a stateless person on the basis of a recommendation from the Slovak Intelligence Service or Military Intelligence as being in the security interests of the Slovak Republic and such similar cases.
Long-term stay
Long-term stay can be granted for an unlimited period under the Foreigner Act. For example, the police authorities may grant long-term residence to a third country national who has been residing legally and continuously in the territory of the Slovak Republic for five years prior to submitting his/her application or who has been residing legally and continuously for five years in another EU Member State as an EU Blue Card holder or for two years in the Slovak Republic as an EU Blue Card holder prior to submitting his/her application.
However, there are legal exceptions to these conditions. For example, long-term residence cannot be claimed by a person who has applied for asylum or who, for example, has been granted temporary residence for the purposes of study or seasonal employment. These categories of persons are precisely defined in the Foreigners Act.
It should also be pointed out that the temporary residence for the purpose of study is only counted as being half the length of the total period of continuous residence. This is also the case for temporary residence for employment purposes if a third country national is contractually assigned to work in the territory of the Slovak Republic by his/her foreign employer.
Residence of EU citizens and their family members
A special category of foreign citizens resident in Slovakia is that of EU citizens and their family members. Residence of EU citizens is considered as permanent residence.
Under the current legislation, an EU citizen who possesses a valid identity card or passport may reside within the territory of the Slovak Republic without restriction and without the fulfilment of any formalities for three months from the date of entry.
EU citizens are entitled to residency in the Slovak Republic for periods exceeding three months if the individual is:
-employed in the Slovak Republic,
-self-employed,
-in possession of sufficient resources for him/herself and his/her family members in order to avoid becoming dependent upon the social insurance system of the Slovak Republic,
-a student at primary school, secondary school or higher education institution of the Slovak Republic
-assumed to become employed in the future,
-a family member of an EU citizen who meets the above conditions and who will accompany or join him/her during their stay.
EU citizens also have the right to permanent residence in the Slovak Republic if they have resided legally and continuously in the Slovak Republic for a period of five years.
Family members of EU citizens who hold a valid travel document are entitled to stay in the territory of the Slovak Republic for three months after the date of entry when accompanying or joining a family member who is an EU citizen. Family members of EU citizens are also entitled to stay in the territory of the Slovak Republic for a period of more than three months if the relevant conditions of residence in Slovakia are also met by a EU citizen with the right of residence or the right of permanent residence who is accompanying or joining the family member in question (i.e. the guarantor).
Add Comment