AKMV 
Ability to become a Slovak citizen
Question
My brother and I are interested in understanding our abilities to become Slovak citizens.
Our father was born and grew up in Slovakia, and as a result, we are seeking to gain
our Slovak citizenship.
There are several circumstances that have led us to believe we are qualified for citizenship:
1) When my father was naturalized in the US in November 1974, he had no option to keep his
Slovak citizenship. He would have wanted to, had that been available to him.
2) Descendant citizenship – both of our grandparents were Holocaust survivors in
Czechoslovakia, and our father was born there immediately afterwards, in 1946. I believe there
is a status for citizenship for the families of those who survived the war.
We would greatly appreciate it if you could help us through this matter.
Answer
In general, if at least one of the parents is a Slovak citizen at the time of the child’s birth, the child automatically acquires Slovak citizenship. Citizenship legislation has changed several times in the past, so it is possible that even if you acquired citizenship at birth, you could lose it.
Since 1949, a child born abroad acquired the citizenship at birth if his father and mother were citizens; a child who was born abroad and whose father or mother was a citizen, while the second parent was a foreigner, acquired citizenship if the regional national committee gave its consent at the request of the parent who is a citizen. An application for consent should be submitted within one year of birth.
Íf you father was naturalized in 1974, the loss of his Czechoslovak citizenship probably occurred on the basis of the Convention on Naturalization concluded between Czechoslovakia and the USA (effective until 1997).
Please let us know when and where your brother and you were born. We will provide you with more information.
If you want to find out or to verify if you acquired the citizenship by birth, you can apply for a Certificate of Citizenship. You can request its issuance at the Embassy of the Slovak Republic abroad or at the district office in the seat of the region in the territory of the Slovak Republic.
If you did not acquire citizenship by birth, as a descendant of a Slovak citizen you can apply for a certificate of a Slovak living abroad. The conditions for obtaining it are listed on the website of the Office for Slovaks Living Abroad. The holder of a certificate of a Slovak living abroad can apply for a temporary residence permit in Slovakia. This type of temporary residence entitles the holder to do business and work in Slovakia. After three years of temporary residence as a Slovak living abroad, a foreigner can apply for a Slovak citizenship.
You can apply for the citizenship of the Slovak Republic at the district office in the seat of the region according to your place of residence. On our site you can find information about the conditions you must meet in order to be granted the citizenship.
The Ministry of the Interior of the Slovak Republic will decide on your application within 24 months, during which you must still be granted temporary residence as a Slovak living abroad.
I would like to draw your attention to the planned amendment to the Act on Citizenship, which is currently in the inter-ministerial comment procedure.
If you have Slovak ancestors, you can apply for the status of a Slovak living abroad and apply for citizenship after 3 years of temporary residence in Slovakia.
I am an American citizen born and raised in Washington DC. I have no other citizenship. But both my grandparents on my mother’s side were born in Slovakia. I just recently read a March 2, 2021 article that the Citizenship Act (no40/1993) is being updated to include citizenship by descent up to third generation. But I cannot verify if this has happened or not. If the amendment did pass I would very much be interested in your firm’s immigration services.
Answer:
The granting of citizenship of the Slovak Republic is regulated by Act no. 40/1993 Coll. on Citizenship of the Slovak Republic (hereinafter referred to as the “Citizenship Act”). It currently allows granting of the citizenship of the Slovak Republic after meeting the conditions, which include continuous permanent residence in the territory of the Slovak Republic for at least eight years immediately preceding the application for citizenship or continuous residence in the Slovak Republic for at least three years immediately preceding the application in case of applicants with the status of a Slovak national living abroad. The condition is also the knowledge of the Slovak language verbally and in writing.
The legislative process relating changes of the Act is currently in the progress. The process should lead to the simplification of conditions for granting a citizenship of the Slovak Republic to former citizens or descendants of Slovak citizens. The change in the Citizenship Act is expected to take effect in July 2021, but the legislative process is still ongoing, so it is possible that the changes will take effect later and it is also possible that the changes will be approved in a different wording than currently proposed.
The simplification of the conditions for granting citizenship will also apply to applicants who were not citizens of the Slovak Republic and at least one of their parents, grandparents or great-grandparents was a Czechoslovak citizen born in the territory of the Slovak Republic.
In terms of the proposed legislation, a proof of knowledge of the Slovak language will not be required for applicants who are holders of valid certificate proving the status of a Slovak national living abroad.
The draft of the amendment to the Citizenship Act also allows the acquisition of the citizenship of the Slovak Republic without the condition of specified length of the residence in the territory of the Slovak Republic if the applicant was not a citizen of the Slovak Republic and at least one of his parents, grandparents or great-grandparents was a Czechoslovak citizen born in the territory of the Slovak Republic. If the change is approved, it will be necessary for the applicant to have a residence permit in the Slovak Republic, but it will not be specified how long before submitting the application the permit was granted.
Residence permit
In case of a foreign citizen of Slovak origin, it is easiest to apply for the temporary residence of a Slovak national living abroad.
In such a case, the purpose of the residence is proved by a Certificate of Status of a Slovak national living abroad. The status of Slovaks living abroad is regulated by the Act no. 474/2005 Coll. on Slovaks Living Abroad and on Amendments to Certain Acts (hereinafter referred to as the “Act on Slovaks Living Abroad”). The certificate is issued by the Office for Slovaks Living Abroad to applicants who meet the definition of a Slovak living abroad and have not been convicted of an intentional criminal offense or an offense which is an intentional criminal offense under the laws of the Slovak Republic and does not carry out activities detrimental to the Slovak Republic.
The application for the issuance of a certificate is submitted to the Office for Slovaks Living Abroad in Bratislava or abroad at the embassy or consular office of the Slovak Republic in the state in which the applicant resides.
According to § 2 of the Act on Slovaks Living Abroad, Slovak national living abroad is: a person who does not have a permanent residence in the Slovak Republic and is a citizen of the Slovak Republic or is not a citizen of the Slovak Republic, but retains national awareness, and he or his direct ancestor has Slovak nationality.
Possibility of acquiring citizenship by birth
The possibility of acquiring citizenship by birth is not excluded for the descendants of citizens of the Slovak Republic. According to the current legislation, citizenship of the Slovak Republic can be obtained by birth, if at least one of the parents is a citizen of the Slovak Republic. If, at the time of your mother’s birth, at least one of her parents was a citizen of the Slovak Republic and subsequently at the time of your birth, your mother was citizen of the Slovak Republic, there is a possibility that you could acquire Slovak citizenship by birth.
However, examination of this option would require a detailed analysis, as the legal regulation of the acquisition of citizenship in today’s territory of the Slovak Republic has changed several times over the past decades. It would therefore be necessary to analyze what the legislation was like at the time of the emigration of your grandparents. Whether they have not lost their citizenship, e.g. as a result of a sanction for leaving the republic, during the communist period or whether they did not renounce their citizenship and so on. Subsequently, it would be necessary to analyze the legislation at the time of your mother’s birth and examine whether she could have acquired citizenship at birth. The next step would be to examine whether she still had citizenship at the time of your birth and whether the legislation at the time of your birth allowed you to acquire that citizenship. Verification of whether you could have acquired the citizenship of the Slovak Republic can be carried out on the basis of an application for the issuance of a certificate of citizenship.
Certificate of citizenship of the Slovak Republic
The certificate of citizenship of the Slovak Republic is issued by the District Office in the seat of the region on the basis of a written application, which can be submitted directly at this District Office, but also at the diplomatic mission or consular office of the Slovak Republic abroad.
According to § 9a par. 2 of the Citizenship Act, the following attachments must be submitted with the application:
- identity document,
- birth certificate and
- proof of personal status, which is a marriage certificate, a valid judgment or confirmation of divorce, death certificate of the spouse, if the applicant is married, divorced or widowed,
- other documents necessary for the examination of the application, if it is requested by the District Office (e. g. the above-mentioned documents of your ancestors).
If your grandparents and / or mother are still alive, they can apply and then, depending on the results, you can submit your application.
Conclusion
- the amendment to the Citizenship Act has not yet been approved, the legislative process is still ongoing,
- in case of approval an amendment to the Citizenship Act, a residence permit in the territory of the Slovak Republic will be required for the granting of the citizenship,
- in order to get residence permit, the easiest way is to obtain a temporary residence of a Slovak national living abroad,
- in addition to the possibility of granting citizenship of the Slovak Republic, in some cases there is also possibility of acquiring citizenship by birth in case of descendants of the Slovak citizens
If you are interested, we can provide you with comprehensive legal services in all proceedings mentioned in the opinion (application for the citizenship, application for the temporary residence of a Slovak national living abroad, application for the certificate of status of a Slovak national living abroad, application for a certificate of citizenship of the Slovak Republic) and we can also help you with ensuring higher verifications (superlegalization, apostilation) and official translations of foreign documents, which will be necessary in these proceedings.
Otázka
I wanted to make an inquiry on behalf of my mother and myself. My mother was born in Slovakia in 1950, her family emigrated to the United States in 1965, she became a United States citizen in 1970. I am not sure if her citizenship was actually lost at the moment of becoming a US citizen due to the bilateral treaty , or if it was lost at the time of expatriating from Czechoslovakia. I was born in 1982.
Odpoveď:
Loss of Czechoslovak citizenship
From the data provided to us, it can be concluded that the loss of Czechoslovak citizenship of your mother occurred on the basis of the Convention on Naturalization concluded between Czechoslovakia and the USA from 1929 (hereinafter “Convention on Naturalization”).
According to this Convention on Naturalization “nationals of Czechoslovakia who have been or shall be naturalized in the territories of the United States shall be held by Czechoslovakia to have lost their former nationality and to be nationals of the United States.“
On 7 July 1997, the Convention on Naturalization between Czechoslovakia and the United States of America expired (No. 169/1929 Coll.).
If your mother acquired US citizenship in 1971, when the Convention on Naturalization was still in force, we suppose that she lost the Czechoslovak citizenship.
Granting citizenship to the mother
The granting of citizenship of the Slovak Republic is regulated by Act no. 40/1993 Coll. on Citizenship of the Slovak Republic (hereinafter referred to as the “Citizenship Act”).
According to § 7 par. 4 of the Act on Citizenship: “An applicant whose former Czechoslovak citizenship has expired or who has lost his Czechoslovak citizenship … according to international agreements may be granted citizenship of the Slovak Republic without meeting the condition under paragraph 1 letter a”, it means without meeting the condition of continuous permanent residence in the territory of the Slovak Republic for at least eight years immediately preceding the submission of the application.
Granting citizenship
The act currently allows granting of the citizenship of the Slovak Republic after meeting the conditions, which include continuous permanent residence in the territory of the Slovak Republic for at least eight years immediately preceding the application for citizenship or continuous residence in the Slovak Republic for at least three years immediately preceding the application in case of applicants with the status of a Slovak national living abroad. The condition is also the knowledge of the Slovak language verbally and in writing.
The legislative process is currently in the progress. The process should lead to the simplification of the conditions for granting citizenship of the Slovak Republic to former citizens or descendants of Slovak citizens. The change in the Citizenship Act is expected to take effect in year 2022, but the legislative process is still ongoing, so it is possible that the changes will take effect later and it is also possible that the changes will be approved in a different wording than currently proposed.
The simplification of the conditions for granting citizenship will also apply to applicants who were not citizens of the Slovak Republic and at least one of their parents, grandparents or great-grandparents was a Czechoslovak citizen born in the territory of the Slovak Republic.
In terms of the proposed legislation, proof of knowledge of the Slovak language will not be required for applicants who are holders of valid certificate proving the status of a Slovak national living abroad.
The draft of the amendment to the Citizenship Act also allows the acquisition of the citizenship of the Slovak Republic without the condition of specified length of the residence in the territory of the Slovak Republic if the applicant was not a citizen of the Slovak Republic and at least one of his parents, grandparents or great-grandparents was a Czechoslovak citizen born in the territory of the Slovak Republic. If the change is approved, it will be necessary for the applicant to have a residence permit in the Slovak Republic, but it will not be specified how long before submitting the application the permit was granted.
Residence permit
In the case of a foreign citizen of Slovak origin, it is easiest to apply for the temporary residence of a Slovak national living abroad.
In such a case, the purpose of the residence is proved by a Certificate of Status of a Slovak national living abroad. The status of Slovaks living abroad is regulated by the Act no. 474/2005 Coll. on Slovaks Living Abroad and on Amendments to Certain Acts (hereinafter referred to as the “Act on Slovaks Living Abroad”). The certificate is issued by the Office for Slovaks Living Abroad to applicants who meet the definition of a Slovak living abroad and have not been convicted of an intentional criminal offense or an offense which is an intentional criminal offense under the laws of the Slovak Republic and does not carry out activities detrimental to the Slovak Republic.
The application for the issuance of a certificate is submitted to the Office for Slovaks Living Abroad in Bratislava or abroad at the embassy or consular office of the Slovak Republic in the state in which the applicant resides.
According to § 2 of the Act on Slovaks Living Abroad Slovak national living abroad is: a person who does not have a permanent residence in the Slovak Republic and is a citizen of the Slovak Republic or is not a citizen of the Slovak Republic, but retains national awareness, and he or his direct ancestor has Slovak nationality.
Certificate of citizenship of the Slovak Republic
The certificate of citizenship of the Slovak Republic is issued by the District Office in the seat of the region on the basis of a written application, which can be submitted directly at this District Office, but also at the diplomatic mission or consular office of the Slovak Republic abroad.
According to § 9a par. 2 of the Citizenship Act, the following attachments must be submitted with the application:
- identity document,
- birth certificate and
- proof of personal status, which is a marriage certificate, a valid judgment or confirmation of divorce, death certificate of the spouse, if the applicant is married, divorced or widowed,
- other documents necessary for the examination of the application, if it is requested by the District Office (e. g. the above-mentioned documents of your ancestors).
Conclusion
- your mother can apply for Slovak citizenship without fulfilling the condition of residence in Slovakia
- the amendment to the Citizenship Act has not yet been approved, the legislative process is still ongoing,
- in the case of approval of an amendment to the Citizenship Act, a residence permit in the territory of the Slovak Republic will be required for the granting of the citizenship,
- in order to get residence permit, the easiest way is to obtain a temporary residence of a Slovak national living abroad.
If you are interested, we can provide you with comprehensive legal services in all proceedings mentioned in the opinion (application for the citizenship, application for the temporary residence of a Slovak national living abroad, application for the certificate of status of a Slovak national living abroad, application for a certificate of citizenship of the Slovak Republic) and we can also help you with ensuring higher verifications (superlegalization, apostilation) and official translations of foreign documents, which will be necessary in these proceedings.
Otázka
I was born and am a citizen of Ecuador. My Grandparents and my father were born in Czechoslovakia and emigrated to Ecuador in 1935. Can I request Slovakian citizenship?
Odpoveď:
Citizenship by descendants
The granting of citizenship of the Slovak Republic is regulated by Act no. 40/1993 Coll. on Citizenship of the Slovak Republic (hereinafter referred to as the “Act”).
According to § 7 par. 2 of the Act (with should by effective from April 1, 2022): “An applicant who has a residence permit in the territory of the Slovak Republic may be granted citizenship of the Slovak Republic without fulfilling the condition specified in paragraph 1 letter a) (i.e. continuous permanent residence in the territory of the Slovak Republic for at least eight years immediately preceding the submission of the application for the granting of citizenship of the Slovak Republic), unless this Act provides otherwise, if
- j) he / she was not a citizen of the Slovak Republic and at least one of his parents, grandparents or great-grandparents was a Czechoslovak citizen born in the territory of the Slovak Republic.
As it is stated above:
- the applicant must have a registered residence in Slovakia (it is necessary for the applicant to have a residence permit in the territory of the Slovak Republic, but it will not be assessed how long the residence permit lasts)
- applicat has never been a citizen of Slovakia
- the applicant must be a descendant of a Slovak – either a parent or a grandparent
- this parent or grandparent were born at the territory of the Slovak Republikc.
Proof of knowledge of the Slovak language will not be necessary in this case.
Residence permit
In the case of a foreign citizen of Slovak origin, it is easiest to apply for the temporary residence of a Slovak national living abroad.
In such a case, the purpose of the residence is proved by a Certificate of Status of a Slovak national living abroad. The status of Slovaks living abroad is regulated by the Act no. 474/2005 Coll. on Slovaks Living Abroad and on Amendments to Certain Acts (hereinafter referred to as the “Act on Slovaks Living Abroad”). The certificate is issued by the Office for Slovaks Living Abroad to applicants who meet the definition of a Slovak living abroad and have not been convicted of an intentional criminal offense or an offense which is an intentional criminal offense under the laws of the Slovak Republic and does not carry out activities detrimental to the Slovak Republic.
The application for the issuance of a certificate is submitted to the Office for Slovaks Living Abroad in Bratislava or abroad at the embassy or consular office of the Slovak Republic in the state in which the applicant resides.
According to § 2 of the Act on Slovaks Living Abroad Slovak national living abroad is: a person who does not have a permanent residence in the Slovak Republic and is a citizen of the Slovak Republic or is not a citizen of the Slovak Republic, but retains national awareness, and he or his direct ancestor has Slovak nationality.
There are also other purposes of the residence permit like an employment, business, study, etc.
If you are interested, we can provide you with comprehensive legal services in all proceedings mentioned in the opinion.