Residence of Aliens in Territory of Slovakia
Stay of Foreign Nationals in Slovakia
Conditions to stay in the territory of the Slovak Republic
The conditions for the entry and stay of foreign nationals in Slovakia are laid down in Act No. 48/2002 Coll. on Stay of Aliens as amended. Under the applicable wording, foreign nationals can only enter and stay in the territory of the Slovak Republic with a valid travel document; their stay is legalised by a visa or a valid residence permit.
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 §§17 through 44 of Act No. 48/2002 on Stay of Aliens, a permit for temporary, permanent or tolerated residence. Slovakia applies a special residence permit regime to the nationals of the European Economic Area (hereinafter referred to as EEA nationals), their family members (hereinafter referred to as foreign nationals with a preferred status), holders of the status of a Slovak living abroad, and foreign nationals granted complementary protection under the Asylum Act. A simplified residence permit regime, in the form of registration, applies to these groups of foreign nationals.
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 (§19), employment (§20), studies (§21) or family reunion (§23). Special purposes include the performance of so-called special activities (§22) and the discharge of duties by civilian units for foreign armed forces (§23a) and the provision of complementary protection under the Asylum Act. The police department may grant the temporary residence permit for a time period necessary for the fulfilment of the purpose specified by a permit applicant, but not for more than two years.
Permanent residence
A permanent residence permit entitles foreign nationals, who have been granted the permit, to stay in the territory of the Slovak Republic and to travel abroad and back within the time period for which the permit has been granted by a competent Slovak police department. The permits are granted by a locally competent police department based on the place of likely permanent residence. Act No. 48/2002 distinguishes between two types of permanent residence permits, so-called “first” and “further” permits. The “first” permit is granted based on an application filed in particular for the purpose of uniting families of foreign nationals with Slovak citizens, or with foreign nationals who were granted a permanent residence permit and where this is for the benefit of the Slovak Republic. The first permit is awarded for a period of five years. Where the purpose is demonstrated, the competent police department will grant a so-called “further” permit after the expiry of the five year period based on a new application filed by the foreign national holding the first residence permit. A further permanent residence permit may be awarded to a wider group of applicants, including, for example, foreign nationals who were granted a temporary residence permit for business or employment purposes and who have been continuously resident in the Slovak Republic for at least five years before application, as well as their family members (within the scope of §23(b) through (e)) who have been resident in the Slovak Republic based on a temporary residence permit granted for the family reunion purpose for at least five years before application. Further residence permits may also be awarded, upon a personal application, to a foreign national who is a spouse, a family member or a dependent relative reliant on the care of a foreign national with a permanent residence permit, who has been resident in the Slovak Republic for at least five years before application (more information at www.minv.sk/?pobyt-cudzinca).
Tolerated residence
A tolerated residence permit is granted by a competent police department based on an application by a foreign national in case he/she is prevented, by a reasonable and unforeseeable obstacle, from leaving the Slovak Republic at the time of expiry of his/her visa or residence permit, and in other cases specified under §43 of Act No. 48/2002. Tolerated residence is awarded for not more than 180 days; it may be repeatedly extended if the reasons deemed decisive for its award continue to exist.
Applying for residence permits
Conditions governing the residence permit application procedure are specified in §24 through §45e of Act No. 48/2002 Coll.
Under a general rule, applicants are required to file a residence permit application with a competent foreign mission of the Slovak Republic accredited for the respective country which has issued a travel document to the applicant or in which the applicant is resident (the list of Slovak foreign missions accredited for particular countries is attached as an annex). Only if such a foreign mission is non-existent, or in cases worth special attention and if not prevented by other circumstances, the Ministry of Foreign Affairs of the Slovak Republic will specify, upon consultations with the Ministry of the Interior of the Slovak Republic, another mission where the applicant should file his/her application.
The law permits the filing of certain categories of applications directly in the Slovak Republic – with a competent alien police department (based on the envisaged place of residence). In the case of temporary residence applications, this option is available, for example, to applicants who:
- do not need a visa in order to enter the Slovak Republic;
- will perform in Slovakia the activities defined in §22 – Special Activities;
- will perform official duties of a civilian unit employee of the armed forces (§23a)
- are employees or representatives of a foreign investor to Slovakia, and their family members;
- apply for a permit for the purpose of a family reunion under §23(1)(b),(d), and (f) with a foreign national who was awarded temporary residence, is an asylum-seeker, or who is a foreign national awarded permanent residence in the Slovak Republic.
An application for a permanent residence permit, for registration of an EEA national and his/her family member who is a non-EEA national (i.e., he/she is a foreign national with a preferred status) and for a temporary residence permit by a holder of the Slovak living abroad status may also be filed with a competent police department in the Slovak Republic.
A tolerated residence permit application is filed by an applicant with the competent alien police department.
Conditions applicable to the application for and award of residence permits are specified in detail in Act No. 48/2008 Coll. on Stay of Aliens as amended.
Administrative fees for residence permit applications filed at a foreign mission
Pursuant to Act No. 145/1995 Coll. on Administrative Fees as amended, administrative fees for residence permit/registration applications are charged as follows:
a) Application for temporary residence permit for the purpose of:
| - business | 232,- EUR |
| - employment | 165,50 EUR |
| - seasonal employment | 33,- EUR |
| - studies and special activities | 99,50 EUR |
| - family reunion | 132,50 EUR |
| - performance of official duties by civilian units of armed forces | 66,- EUR |
b)
| Application for the first permanent residence permit | 165,50 EUR |
Exemptions granted under the aforementioned act:
- Persons under 16 years of age are exempt from the requirement to pay administrative fees for applications referred to under (a) and (b).
- An exemption from the requirement to pay administrative fees referred to under (a) is granted to holders of a scholarship awarded by the Slovak Government.
- An exemption from the requirement to pay fees referred to under (a) is granted on a reciprocity basis to students and scholarship holders who have been awarded a scholarship by the Ministry of Education of the Slovak Republic, or who have been awarded a scholarship arising from the obligations under international agreements, as well as to foreign language lecturers teaching at Slovak schools based on obligations arising from international agreements.
- An exemption from the requirement to pay fees referred to under (b) is granted to persons who have applied for a permanent residence permit pursuant to §35(1)(a) and §45b of Act No. 48/2002 Coll. on Stay of Aliens and on amendments to certain acts, as amended.
