Acquisition of Slovak Citizenship

Question

I am a Serbian citizen living in Slovakia since 1994. I was born in Serbia but have lived in Slovakia since the age of four. I have had permanent residence in Slovakia for a long time. I attended kindergarten, primary school, and secondary school in Slovakia. I am currently married to a Slovak citizen, and we have a child born in Slovakia. I am employed in Slovakia under a permanent full-time contract. I have never been convicted of a crime in either Slovakia or Serbia. I have never had any debts or outstanding obligations in Serbia. In Slovakia, I am repaying a consumer loan on time without any delays. I would like to ask what my options are for obtaining Slovak citizenship in this case.

Answer:

For a foreigner to be granted citizenship, it is necessary to meet several conditions under § 7(1) and following of Act No. 40/1993 Coll. on Citizenship of the Slovak Republic:

  • The applicant must have had uninterrupted permanent residence in Slovakia for 8 years before applying for citizenship.
  • Prove good character. A person is not considered to be of good character if:
    • They have been lawfully convicted of an intentional criminal offense, and five years have not passed since the expungement of the conviction.
    • Their prosecution for an intentional criminal offense was conditionally suspended, and at least five years have not passed since the probation period ended.
    • Their prosecution for an intentional criminal offense was terminated by a court decision, and five years have not passed since the finality of this decision.
  • Prove knowledge of the Slovak language.
    • Knowledge of the Slovak language is verified directly when submitting the application for citizenship and when filling out the “Applicant’s Questionnaire.” The responsible authority for examining the knowledge of the respective language is the competent authority where the application for citizenship was submitted, such as the district office in the regional seat or the consular office. The applicant’s health condition is also taken into account during the examination, and a record is made during the testing. The examination mostly consists of reading a randomly selected newspaper article of 500 words and then rewriting what the applicant remembers from the article within 30 minutes.
  • Prove general knowledge about the Slovak Republic.
    • General knowledge about the Slovak Republic is verified simultaneously with language skills. The questions relate to the history, geography, and socio-political development of the Slovak Republic.

Required documents for the application for Slovak citizenship:

  • Identity document, birth certificate, and a brief biography signed by the applicant.
  • Proof of marital status, such as a marriage certificate, a spouse’s death certificate, or a divorce confirmation.
  • Proof of residence in Slovakia.
  • A criminal record certificate not older than six months, which is an extract from the criminal register of each state of which the applicant is or has been a citizen, and an extract from the criminal register of each state in which the applicant had a residence permit in the last 15 years before submitting the application for Slovak citizenship, or another document on good character issued by the competent authorities of these states.
  • Applicant’s questionnaire.

It is also necessary to note the provision under § 7(2)(a), according to which an applicant for citizenship who has a residence permit in the territory of the Slovak Republic does not have to meet the above-mentioned condition of 8 years of residence if:

“They have entered into marriage with a Slovak citizen, this marriage lasts, and they have lived in this marriage in a common household in the territory of the Slovak Republic for at least five years immediately preceding the submission of the application for Slovak citizenship.”

More detailed information regarding the application and granting of citizenship can be found here.

Question

I have a fiancé from Macedonia, and we would like to get married. I would like to know how long it will take for him to obtain Slovak citizenship after the wedding, as we plan to work abroad?

Answer:

According to § 7(2)(a) of Act No. 40/1993 Coll. on Citizenship of the Slovak Republic, it is possible to grant citizenship to an applicant who has a residence permit in the territory of the Slovak Republic if:

“They have entered into marriage with a citizen of the Slovak Republic, this marriage lasts, and they have lived in this marriage in a common household in the territory of the Slovak Republic for at least five years immediately preceding the submission of the application for the granting of Slovak citizenship.”

From the above provision, it follows that citizenship is not acquired immediately after entering into marriage, but it is necessary for the marriage to have lasted at least five years. Please note that the conditions for granting citizenship (e.g., living in a common household with the spouse in the territory of the Slovak Republic) must also be met at the time of decision-making (not only at the time of submission of the application) for the granting of Slovak citizenship. “It would be absolutely against the purpose and meaning of the law for the applicant to meet the conditions necessary for the granting of citizenship only at the time of submission of the application, while at the time of the actual decision on the granting of citizenship, these conditions would no longer have to be met.” (Judgment of the Supreme Court of the Slovak Republic, Ref. No. 2Sžo 107/2014)

This judgment further states: “According to the regional court, in assessing the effective functioning of the marital bond and family cohabitation, the degree of the plaintiff’s integration into society, as well as his work habits and overall contribution to society, it is necessary that the plaintiff continuously resides in a common household in the territory of the Slovak Republic with family members until the final decision on the granting of Slovak citizenship. Requiring long-term physical presence in the territory of the Slovak Republic for the purpose of integration into society is not a violation of the plaintiff’s human rights, because if he lives abroad, he cannot adopt the legal system and socio-cultural essence of the functioning of society in the Slovak Republic. The plaintiff’s family must choose a priority to prioritize. It is in the public interest that the plaintiff sufficiently acquires knowledge of the legal system of the Slovak Republic, develops work habits, is beneficial to society, creates values that contribute to the Slovak Republic, and is not a burden on the social system. These attributes cannot be fulfilled if the plaintiff and his family members reside abroad, even if not permanently… The defendant fully accepts the right to free choice of employment, the right to freedom of movement and residence, and the right to family life together, but in assessing the application, he had to take into account the fact that the plaintiff does not live with his wife in the territory of the Slovak Republic, and therefore did not meet the condition under § 7(2)(a) of Act No. 40/1993 Coll.”

The decision-making process on the application may take up to two years according to the law. During this period, the conditions for the granting of citizenship must be met, including residence in the territory of the Slovak Republic.

In addition to entering into marriage, the following conditions must also be met to qualify for citizenship:

  • Prove good character
    A person is not considered to be of good character if:
    • They have been lawfully convicted of an intentional criminal offense, and five years have not passed since the expungement of the conviction.
    • Their prosecution for an intentional criminal offense was lawfully conditionally suspended, and at least five years have not passed since the probation period ended.
    • Their prosecution for an intentional criminal offense was terminated by a court decision, and five years have not passed since the finality of this decision.
    • They have been sentenced to deportation by a court.
    • They are subject to ongoing criminal proceedings.
    • They are subject to extradition proceedings or proceedings for the execution of a European arrest warrant.
    • They are subject to administrative expulsion proceedings.
    • They are subject to asylum revocation proceedings.

The application for the granting of Slovak citizenship must be submitted in person at the district office in the regional seat, a diplomatic mission, or a consular office of the Slovak Republic, along with the “Applicant’s Questionnaire.” The following documents must be attached to the application:

  • Curriculum vitae
  • Identity document
  • Birth certificate
  • Proof of marital status (marriage certificate)
  • Proof of residence in the territory of the Slovak Republic
  • Criminal record certificate (not older than six months)

The above-mentioned documents must be submitted in their original form or as certified copies, and documents issued abroad must be officially translated and apostilled or superlegalized.

In the case of acquiring Slovak citizenship through marriage, the requirement of continuous residence in the territory of the Slovak Republic for eight years does not need to be met.

Question

Dear Sir/Madam,

I would like to inquire about the possibility of granting Slovak citizenship to a third-country national who was born in Slovakia and has been living here continuously for 10 years. This person studies and works in Slovakia and has the right to reside in Slovakia based on an ATP identification card issued by the Ministry of Foreign Affairs as a family member of a member of the administrative-technical staff of a diplomatic mission.

I would like to know whether this residence permit is sufficient to meet the conditions of permanent or temporary residence for the purpose of acquiring Slovak citizenship. Does such a person have a right to be granted Slovak citizenship?

Answer:

Dear Sir/Madam,

According to § 74a of Act No. 404/2011 Coll. on the Residence of Foreigners and on Amendments and Supplements to Certain Acts (hereinafter referred to as the “ZPC”), which establishes the institute of the so-called diplomatic identification card, “a foreigner who enjoys privileges and immunities under international law and is accredited by the Ministry of Foreign Affairs is issued a diplomatic identification card by the Ministry of Foreign Affairs, which proves their authorization to reside in the territory of the Slovak Republic.”

The institute of the diplomatic identification card was adopted based on the Decree of the Minister of Foreign Affairs No. 157/1964 Coll. on the Vienna Convention on Diplomatic Relations of June 10, 1964, the Slovak version of which can be found at this link.

An overview of the different types of identification cards, including the conditions for their issuance, is published on the official website of the Ministry of Foreign and European Affairs of the Slovak Republic (an English version is also available).

The first general condition for granting Slovak citizenship is stipulated in § 7(1)(a) of Act No. 40/1993 Coll. on Citizenship of the Slovak Republic (hereinafter referred to as the “ZŠO”), according to which:

“Slovak citizenship may be granted to an applicant who is not a citizen of the Slovak Republic and has had continuous permanent residence in the territory of the Slovak Republic for at least eight years immediately preceding the submission of the application for Slovak citizenship.”

Under the ZŠO, in most cases, the applicant is required to have either permanent or temporary residence in the Slovak Republic to obtain citizenship. An exception applies to former citizens, who do not need to have registered residence in Slovakia.

According to a statement provided by the Ministry of the Interior of the Slovak Republic, Department of State Citizenship:

“The ATP card issued by the Ministry of Foreign and European Affairs of the Slovak Republic is not a residence permit under the Act on the Residence of Foreigners, and therefore, the residency requirement (permanent or temporary) under this Act is not met for the purpose of applying for Slovak citizenship. Citizenship in such a case cannot be granted.”

Furthermore, the District Office Bratislava, Administrative Section, Department of State Citizenship and Registers stated:

“From the perspective of fulfilling the conditions for granting Slovak citizenship, the Ministry of the Interior of the Slovak Republic does not accept this type of residence. The applicant should first register their residence with the Foreign Police and then fulfill the required duration of such residence.”

Based on the above information, it can be concluded that residence in the territory of the Slovak Republic based on an ATP identification card is not considered a valid form of residence under Act No. 404/2011 Coll. on the Residence of Foreigners, which is a required condition for obtaining Slovak citizenship.

Question

Dear Sir/Madam,

We kindly request information regarding the granting of residence for a third-country national who was born in the Slovak Republic and has been living in Slovakia continuously since birth for 24 years together with their entire family. The person is also studying and working in Slovakia. Their right to reside in Slovakia is based on an ATP identification card issued by the Ministry of Foreign Affairs as the son of an ATP member (a member of the administrative and technical staff of a diplomatic mission assigned by the Ministry of Foreign Affairs of the sending state and their family members). Their father works at the embassy of a third country located in Slovakia.

Does this person have the right to apply for residence under the Act on the Residence of Foreigners? If so, what type of residence permit can they apply for?

Answer:

Dear Sir/Madam,

Regarding this matter, we would like to quote the statement from the Department of Foreign Police of the UHCP, which states:

“The person in question may apply for any type of temporary residence in accordance with Act No. 404/2011 Coll. on the Residence of Foreigners. If they meet the legal conditions for the requested type of residence, such residence may be granted.”

Concerning the granting of long-term residence for this person, we draw your attention to § 52(2)(i) of Act No. 404/2011 Coll. on the Residence of Foreigners.

Question

Dear Sir/Madam,

I would like to inquire whether, in the case of an EU citizen applying for Slovak citizenship, proof of health insurance through a European Health Insurance Card (EHIC) is sufficient, or whether it is necessary to obtain, for example, commercial insurance in Slovakia.

Additionally, how should an applicant proceed if they are not insured in the public health insurance system of Slovakia and therefore cannot provide a certificate confirming their insurance relationship and its duration?

Answer:

Dear Sir/Madam,

According to the statement of the District Office Bratislava, Administrative Department, State Citizenship and Registers, “it is sufficient to submit the applicant’s existing health insurance card when applying for citizenship; it is not necessary to obtain separate insurance in Slovakia.”

Question

Dear Sir/Madam,

I would like to ask about a family of Ukrainian spouses who have been living in Slovakia for 7 years. They have a 2-year-old son who was born in Slovakia. Can they apply for Slovak citizenship for their son since he was born in Slovakia? And when can they apply for themselves?

Answer:

Dear Sir/Madam,

According to § 5(1) of Act No. 40/1993 Coll. on Citizenship of the Slovak Republic (hereinafter “ZoŠO”):

Slovak citizenship by birth is acquired by a child:

  • Whose at least one parent is a Slovak citizen, or
  • Born in the territory of Slovakia to stateless parents, or
  • Born in the territory of Slovakia to foreign parents and does not acquire the citizenship of either of them by birth.

From the cited provision, it follows that a child born in Slovakia does not automatically acquire Slovak citizenship unless the conditions under § 5(1)(a) – (c) ZoŠO are met.

Conditions for granting Slovak citizenship differ depending on whether the foreigner has:

  • Uninterrupted permanent residence for at least 8 years immediately before submitting the application for Slovak citizenship (§ 7(1) ZoŠO), or
  • Authorized residence (§ 7(2) ZoŠO).

According to § 7(1) ZoŠO, Slovak citizenship may be granted to an applicant who:

  • Has had uninterrupted permanent residence in the territory of Slovakia for at least 8 years immediately before submitting the application for Slovak citizenship.
  • Is of good character; a person is not considered to be of good character if they:
    • Have been sentenced to deportation by a court.
    • Are subject to criminal proceedings.
    • Are subject to extradition proceedings or a European arrest warrant.
    • Are subject to administrative expulsion proceedings.
    • Are subject to asylum revocation proceedings.
  • Demonstrates proficiency in the Slovak language, both spoken and written, and general knowledge about Slovakia (§ 8(5) – (8)); this does not apply to an applicant under § 7(2)(b), (i), (j), (4) – (7), or an applicant who:
    • Is under 14 years of age at the time of application.
    • Is or was a citizen of the Czech Republic.
    • Holds a valid certificate proving their status as a Slovak living abroad.
    • Is older than 65 years.
    • Has passed a high school graduation exam in the Slovak language, a state language exam in Slovak, or a university final exam in a Slovak-language study program, provided no more than 10 years have passed since taking the exam.
  • Fulfills obligations arising from legal regulations concerning the residence of foreigners in Slovakia, public health insurance, social insurance, pension savings, taxes, levies, fees, employment of foreigners, and other obligations under Slovak law.
  • Does not pose a threat to public order or the security of the Slovak Republic.

Under § 7(8) ZoŠO, when assessing the fulfillment of the residence condition in Slovakia, consideration is given to whether the applicant actually resided in Slovakia during this period and to the reasons for their absence.

According to § 7(2) ZoŠO: An applicant who has authorized residence in the territory of the Slovak Republic may be granted Slovak citizenship without meeting the condition specified in § 7(1)(a), unless otherwise provided by this law, if

  • They have married a Slovak citizen, the marriage is ongoing, and they have lived in a common household in Slovakia for at least 5 years immediately before submitting the application.
  • They have made a significant contribution to Slovakia in economic, scientific, technical, cultural, social, or sports fields, or granting citizenship is in the interest of Slovakia.
  • They have had uninterrupted permanent residence in Slovakia for at least 3 years before turning 18.
  • They are a minor whose legal guardian or custodian is a Slovak citizen or a legal entity designated by a Slovak court and have had uninterrupted residence in Slovakia for at least 2 years before applying (this residency requirement does not apply to children under 2 years old).
  • They have been an asylum seeker for at least 4 years before submitting the application.
  • They were born in Slovakia and have had permanent residence in Slovakia for at least 3 years before submitting the application.
  • They have had uninterrupted residence in Slovakia for at least 10 years and have been granted permanent residence at the time of application.
  • They are stateless and have had uninterrupted residence in Slovakia for at least 3 years before submitting the application.
  • They lost Slovak citizenship by release from the state bond of the Slovak Republic under § 9(1)(a).
  • They were never a Slovak citizen, but at least one of their parents, grandparents, or great-grandparents was a Czechoslovak citizen born in the territory of Slovakia.

Based on the above, the Ukrainian spouses can apply for Slovak citizenship only after they have had uninterrupted permanent residence in Slovakia for more than 8 years. However, their child can be granted Slovak citizenship without meeting this requirement if they have had permanent residence in Slovakia for at least 3 years immediately before submitting the citizenship application (§ 7(2)(s) ZoŠO).

Question

I have acquired Slovak citizenship. Do I have any legal obligations arising from this?

Answer:

According to § 8a(10) of Act No. 40/1993 Coll. on Citizenship of the Slovak Republic (hereinafter referred to as the “Citizenship Act”):

 

“Slovak citizenship is acquired by receiving the certificate of grant of Slovak citizenship. The certificate of grant of Slovak citizenship is handed over to the applicant by the district office at the seat of the region, a diplomatic mission, or a consular office of the Slovak Republic after the applicant takes the oath of a Slovak citizen. Taking the oath is a condition for acquiring Slovak citizenship. Children under the age of 14 and persons whose health condition does not allow it are not required to take the oath. The district office at the seat of the region, the diplomatic mission, or the consular office of the Slovak Republic shall record the taking of the oath, which, along with the document confirming receipt of the certificate of citizenship, shall be sent to the ministry. The date of the oath and receipt of the certificate is noted on the document.”

 

According to § 8a(11) of the Citizenship Act:
“If the applicant, without serious reason, does not collect the certificate of grant of Slovak citizenship within six months after delivery of the written notice, the ministry shall terminate the proceedings. A decision to terminate the proceedings shall be recorded in the file and the applicant shall be notified thereof.”

In accordance with § 49(f) of Act No. 404/2011 Coll. on the Residence of Foreigners (hereinafter referred to as the “Foreigners Residence Act”):
“Permanent residence shall expire if a third-country national acquires Slovak citizenship.”

 

According to § 111(1)(g) of the Foreigners Residence Act:
“A third-country national is obliged to report to the police department any change in name, surname, personal status, nationality, or data in the travel document within five working days from the date the change occurred, as well as the replacement of the travel document.”

 

According to information provided by RHCP BA, the acquisition of Slovak citizenship must be reported to the competent department of the foreign police based on the place of residence in the Slovak Republic.
If you were issued a residence permit, please note § 111(1)(r) of the Foreigners Residence Act:
“A third-country national is obliged to immediately return an invalid residence permit or an invalid document issued under this Act, or a found document belonging to another foreigner, to the police department or diplomatic mission.”

 

According to information from RHCP BA, after acquiring Slovak citizenship, you are required to return the residence card to the competent department of the foreign police (based on your place of residence in the Slovak Republic). This can be done in person during office hours or in writing by registered mail, including a cover letter stating the reason for returning the document, and optionally a photocopy of the certificate of citizenship.

 

Please note that the list of obligations mentioned above is not exhaustive. As a citizen, you may have additional individual obligations under the legal system of the Slovak Republic.