Questions of state citizenship of the Slovak Republic are arranged by Act of the Slovak National Council No. 40/1993 Coll. on State Citizenship of the Slovak Republic, as amended (hereinafter only the “State Citizenship Act”). This Act determines the methods of acquiring state citizenship, conditions for the granting of state citizenship, the circle of persons who may apply for state citizenship of the Slovak Republic and the conditions which a citizen of a third country must unconditionally fulfil in order to acquire state citizenship of the Slovak Republic.
In the meaning of the provisions of this Act citizenship of the Slovak Republic may be acquired in the following ways:
- by designation of state citizenship of the Slovak Republic,
- by choice of state citizenship,
- by birth,
- by adoption,
- by granting.
The Act also determines and the method of determining or the choice of state citizenship for minors.
According to the above-mentioned Act state citizenship of the Slovak Republic may be granted to an applicant who is not a state citizen of the Slovak Republic and who has fulfilled the following conditions:
- has uninterrupted permanent residence on the territory of the Slovak Republic for at least eight years immediately preceding the submitting of an application on the granting of state citizenship of the Slovak Republic,
- is respectable; a person is not be considered respectable for the purposes of this Act if:
- he/she was lawfully sentenced for a deliberate criminal act and if five years have not passed since the expunging of the conviction,
- he/she was the subject of a criminal prosecution for a deliberate criminal act and it was lawfully conditionally stopped, and if five years have not passed since the end of the probation period,
- he/she was the subject of a criminal prosecution for a deliberate criminal act and it was stopped by a decision of a reconciliation court or decision of a prosecutor on reconciliation and five years have not passed since the lawfulness of this decision,
- against whom no criminal expulsion was lodged by a court,
- against whom no criminal prosecution is proceeding,
- against whom no extradition proceeding or even a proceeding on a European arrest warrant is taking place,
- against whom no proceeding on administrative expulsion is taking place,
- against whom no proceeding on the forfeiture of asylum is being conducted and
- he/she has demonstrated command of the Slovak language both speaking and in writing and general knowledge of the Slovak Republic. The obligation to demonstrate command of the state language does not apply for an applicant who has significantly contributed to the Slovak Republic in the fields of economy, science, technology, culture, social matters or sport or is for another reason in the interest of the Slovak Republic, or for other reasons specified by law,
- he/she satisfies the obligations following from legal provisions arranging the residence of foreigners on the territory of the Slovak Republic, public medical insurance, social insurance, old-age retirement savings, taxes, levies, fees, employing of foreigners and other obligations following for foreigners from the legal order of the Slovak Republic.
In the State Citizenship Act certain facts are stated which enable the acquiring of state citizenship even without the condition of continuous permanent residence on the territory of the Slovak Republic lasting 8 years. It is possible to grant residence to an applicant who has residence on the territory of the Slovak Republic, if the applicant:
- concluded a marriage with a state citizen of the Slovak Republic, and this marriage endures and the applicant lives in this marriage in a common household on the territory of the Slovak Republic for at least the five years immediately preceding the submitting of an application on the granting of state citizenship of the Slovak Republic,
- is a person who is significantly deserving with a contribution for the Slovak Republic in the area of economy, science, technology, culture, social or sport, or is for another reason in the interest of the Slovak Republic,
- has on the territory of the Slovak Republic uninterrupted permanent residence of at least three years prior to reaching 18 years of age,
- is a minor child, whose legal representative or guardian is a state citizen of the Slovak Republic or a legal entity determined by a court of the Slovak Republic and has uninterrupted residence on the territory of the Slovak Republic of at least two years immediately preceding the submitting of an application on the granting of state citizenship of the Slovak Republic; the length of residence does not relate to a young child up to three years old,
- is an asylum-seeker for at least four years immediately preceding the submitting of an application on the granting of state citizenship of the Slovak Republic,
- was born on the territory of the Slovak Republic and has permanent residence here of at least three years immediately preceding the submitting of an application on the granting of state citizenship of the Slovak Republic,
- has on the territory of the Slovak Republic uninterrupted residence of at least ten years and in the time of submitting the application on the granting of state citizenship of the Slovak Republic has already been granted permission for permanent residence,
- is without state citizenship and has uninterrupted residence on the territory of the Slovak Republic of at least three years immediately preceding the submitting of an application on the granting of state citizenship of the Slovak Republic,
- was dismissed from a state obligation of the Slovak Republic pursuant to §9 and has uninterrupted residence on the territory of the Slovak Republic of at least two years immediately preceding the submitting of an application on the granting of state citizenship of the Slovak Republic,
- one of the applicant’s parents was at the time of the applicant’s birth a Czechoslovak state citizen and the other a foreigner, and pursuant to §1 par. 2 of Act No. 194/1949 Coll. on Acquiring and Losing Czechoslovak State Citizenship of Parents – a Czechoslovak state citizen did not request the regional national committee for a statement of consent with the acquisition of Czechoslovak state citizenship and the applicant has uninterrupted residence on the territory of the Slovak Republic of at least two years immediately preceding the submitting of an application on the granting of state citizenship of the Slovak Republic.
An exception may also be granted to an applicant to whom a certification was issued demonstrating the standing of a Slovak living abroad. Such an applicant may be granted state citizenship, if he/she has uninterrupted residence on the territory of the Slovak Republic of at least three years, which immediately preceded the submitting of the application on the granting of state citizenship of the Slovak Republic. Other exceptions are determined for persons who for various reasons lost their Czechoslovak or Slovak state citizenship.
An application on the granting of state citizenship of the Slovak Republic is submitted at a district office in the seat of the region, department of general administration, according to the place of residence or the last residence on the territory of the Slovak Republic. An application on the granting of state citizenship is submitted personally. An application may also be submitted at a diplomatic mission or at a consular office of the Slovak Republic.
A proceeding on the granting of state citizenship takes place and a decision on the application is made at the Ministry of Interior of the Slovak Republic. The Ministry of Interior assesses the application and submits it for a decision to the Minister of Interior of the Slovak Republic, who shall decide on it in compliance with the conditions stated in this Act. There is no legal claim for the granting of state citizenship of the Slovak Republic, even after fulfilment of the conditions stipulated by law.
A written application on the granting of state citizenship of the Slovak Republic should contain:
- name, surname, maiden name, birth ID number (if one was assigned), date and place of birth of the applicant,
- address of permanent residence of the applicant,
- reasons for the application on the granting of state citizenship of the Slovak Republic,
- date and signature of the applicant.
Along with an application it is necessary to further submit documents, such as, for example, a brief biography, identity documents, a birth certificate, a document on personal condition, a document on residence on the territory of the Slovak Republic, a document on respectability that is not older than six months, and other documents explicitly named v in the State Citizenship Act.
Command of the Slovak language is verified by an interview in which questions relating to the applicant’s person and his/her close friends or family and questions of a general character, particularly on the history, geography and social-political development of the Slovak Republic are asked. This continues with the reading out loud of a randomly selected article from the press in the Slovak language containing at least 500 words, which is given to the applicant immediately prior to its being read. Then the applicant must in the course of 30 minutes write out the content of the article which he/she has just read.
Command of the language is verified by a three-member commission named by the head of the district office in the seat of the region, embassy, or consulate. A record is kept on the course and results of verification, which all members of the commission and the applicant sign.
The Ministry shall decide on an application no later than within 24 months from its delivery to the Ministry of Interior of the Slovak Republic.
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