Entry and residence of foreigners in the Slovak Republic

The entry to and residence of foreigners in the territory of the Slovak Republic is regulated by the Act no. 404/2011 Coll. on Residence of Foreigners.

The Slovak Republic is a part of the Schengen Area within which free movement of persons, goods, services and capital applies. If a foreigner enters the territory of the Slovak Republic from a third country, they are subjected to the border and customs control.

If a foreigner enters the territory of the Slovak Republic through another Schengen State and for entry into Slovakia does not need a visa, or they have been granted a Schengen visa, or they have a temporary or permanent residence permit, a foreigner may cross the internal borders of EU Member States without having to undergo border and customs control and they can also enter Slovakia without having to handle a transit visa.

Foreigners who enter the territory of the Slovak Republic may reside in Slovakia:

  • with a granted valid visa or under a visa waiver, or with a valid residence permit issued by another Member State of the EU,
  • with a granted temporary residence,
  • with a granted permanent residence,
  • with a granted tolerated residence.

Visa

The Slovak Republic grants Schengen or a national visa to foreigners.

Schengen visa

Schengen visa is a form of permission granted by the Member State for transit through the territory of the Member States, or planned stay in their territory for a period not exceeding 90 days within any 180-day period. A foreigner has to submit an application in order to obtain it. Schengen visa entitles the foreigner to enter the entire territory of the Schengen area. In some case it is possible that together with your visa application you will need to submit an invitation application form verified by the Alien Police Department competent according to the residence of the inviting person.

National visa

National visa may be granted to a third country national, where this is necessary in relation to the residence permit in the Slovak Republic or to the implementation of the commitments of the Slovak Republic resulting from an international agreement or if it is in the interest of the Slovak Republic. The family member of the person with granted asylum or a third country national who has been granted a subsidiary protection referred to in the specific regulation, shall be granted a visa, if it is not detrimental to the national security or to the public order. A foreigner has to submit an application in order to obtain it.

The national visa is granted:

  • to stay longer than three months, for a maximum period of one year,
  • when it comes to granting a visa in connection with granting the residence permit in the Slovak Republic (for 90 days),
  • it shall be granted for the necessary time in case of granting the visa to the family member of a third country national with granted asylum or a third country national who has been granted subsidiary protection.

Free legal services in this field are provided by the Migration Information Centre and the relevant authority responsible in this area is the Ministry of Interior of the Slovak Republic.

The Act no. 404/2011 Coll. on Residence of Foreigners provides three types of residence, specifically a temporary residence, a permanent residence and a tolerated residence. The foreigner has to submit an application in order to obtain it.

Temporary residence

A temporary residence permit authorizes a third-country national to reside, travel and re-enter the territory of the Slovak Republic when it was awarded by the Police DepartmentA temporary residence permit is binding for one purpose only. If a third country national intends to engage in activities other than those for which they have been granted a temporary residence permit, they must submit a new application for temporary residence, unless the Act on the Residence of Foreigners provides otherwise. A third country national who has been granted a temporary residence permit may study during the temporary residence.

A Police Department may grant a temporary residence permit to a third country national for the following purpose:

  • the purpose of business,
  • the purpose of employment,
  • the purpose of study,
  • the purpose of a specific activity,
  • the purpose of research and development,
  • the purpose of family reunification,
  • the purpose of fulfilling the duties of the civilian components of the armed forces,
  • who has conferred the status of a Slovak living abroad,
  • who has been granted long-term resident status in another EU Member State.

A temporary residence permit is also the residence on the basis of the EU Blue Card issued in accordance with the Act on Residence of Foreigners. The purpose of the temporary residence is performed by a third country national on the territory of the Slovak Republic.

Permanent residence

Permanent residence authorizes a third country national to reside, travel and re-enter the territory of the Slovak Republic when it was awarded by the Police Department, unless the Act on Residence of Foreigners provides otherwise.

Permanent residence is

  • permanent residence for five years,
  • permanent residence for an unlimited time,
  • residence of third country nationals with granted long-term resident status of the European Union.


Tolerated residence

Tolerated residence permit is granted to a third country national, if there are not grounds for refusal pursuant to the provisions of the Act on Residence of Foreigners:

  • if there is an obstacle to administrative expulsion according to the provisions of the Act on Residence of Foreigners
  • if the travel is not possible, and their detention is not advisable,
  • they are a minor found in the territory of the Slovak Republic,
  • if the respect of their private and family life requires so and this does not threaten the security of the State or public order under the conditions laid down by the Act on Residence of Foreigners,
  • who is a victim of trafficking in human beings, if they are at least 18 years old; the Police Department or a person authorized by the Ministry of Interior shall inform the third-country national with the possibilities and conditions for granting of a tolerated residence for this reason and on the rights and obligations arising from it.

Tolerated residence permit is deemed to be a period of time during:

  • provision of institutional care,
  • duration of quarantine measures,
  • assessment of application for granting of a tolerated residence, the execution or a period of enforcement of a sentence involving deprivation of liberty; this does not apply, if a third country national resides legally in the territory of the Slovak Republic,
  • not more than 90 days, during which a third country national, who is a victim of trafficking in human beings and is at least 18 years old, shall decide whether they will cooperate with law enforcement authorities in investigating crime related to trafficking in human beings; at the request of a person authorized by the Ministry of the Interior this period can be extended by 30 days.

The Police Department, at the request of a third country national, shall grant or extend the residence permit for the duration of the reasons for its granting, for the maximum period of 180 days under the conditions laid down by the Act on Residence of Foreigners. The Police Department may extend the tolerated stay repeatedly. In this case the Police Department is obliged to examine whether the reasons for which the tolerated stay was granted, still apply. For the duration of a tolerated residence, a third country national cannot perform business activities.

Free legal services in this field are provided by the Migration Information Centre and the relevant authority responsible for this field is the Ministry of Interior of the Slovak Republic.

 

 

 
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