Slovak Citizenship by Descent for Canadian Citizens

Hello,

According to Section 7(2)(j) of Act No. 40/1993 Coll. on Slovak Citizenship (hereinafter referred to as the “Citizenship Act”):

“An applicant who has been granted residence in the territory of the Slovak Republic may be granted Slovak citizenship without fulfilling the condition set out in Section 1(a), unless otherwise stipulated by this Act, if they have never been a Slovak citizen and at least one of their parents, grandparents, or great-grandparents was a Czechoslovak citizen born in the territory of the Slovak Republic.”

This means that the applicant is not required to prove continuous permanent residence in Slovakia for at least eight years immediately preceding the submission of the citizenship application.

However, the applicant must still meet other conditions outlined in Section 7(1) of the Citizenship Act, including:

1.The applicant must be of good character; an applicant is not considered of good character if:

• They have been convicted of an intentional criminal offense, and less than five years have passed since the conviction was expunged.
• Their criminal prosecution for an intentional criminal offense was conditionally suspended, and less than five years have passed since the probation period ended.
• Their criminal prosecution for an intentional criminal offense was terminated by a court-approved settlement or a prosecutor-approved settlement, and less than five years have passed since the decision became finalThey have not been sentenced to expulsion by a court.They are not subject to ongoing criminal prosecution.

2. They are not subject to extradition proceedings or a European arrest warrant.

3. They are not subject to administrative expulsion proceedings.

4. They are not subject to asylum revocation proceedings.

5. They have demonstrated proficiency in the Slovak language, both spoken and written, as well as basic knowledge of Slovakia.

6. They comply with legal obligations related to the residence of foreigners in Slovakia, public health insurance, social insurance, pension savings, taxes, fees, employment of foreigners, and other applicable legal duties.

7. They do not pose a threat to public order or security in Slovakia

 

The application for Slovak citizenship must be submitted in person at the district office in the regional seat, a diplomatic mission, or a consular office of Slovakia. Personal submission is required to verify the applicant’s identity, Slovak language proficiency, and to authenticate copies of official documents against the originals. The Ministry of the Interior of the Slovak Republic is responsible for processing and deciding on the application (§ 8(1) of the Citizenship Act).

However, please note that there is no legal entitlement to the granting of Slovak citizenship, even if all statutory conditions are met.

The application for the granting of Slovak citizenship includes:

1. Name, surname, birth surname, personal identification number (if assigned), date and place of birth of the applicant,
2. Address of the applicant’s permanent residence, unless otherwise stipulated by this law,
3. Reasons for applying for the granting of Slovak citizenship, and
4. Date and signature of the applicant.

Application forms can be found on the official website of the Ministry of the Interior of the Slovak Republic.

The applicant must attach the following documents to the application for Slovak citizenship:

1. A detailed structured CV, including personal information, education details, employment history, other sources of income, language skills, special abilities, interests, and the date and signature of the applicant,
2. A valid identification document containing a current frontal view photograph of the applicant,
3. Birth certificate,
4. A document on personal status, which is a marriage certificate, a final judgment or confirmation of divorce, or a spouse’s death certificate if the applicant is a married man or woman, divorced, or widowed,
5. A document on residence in the Slovak Republic, and in the case of a former citizen, a document on the last permanent residence in the Slovak Republic or a sworn statement about this residence,
6. A certificate of good character not older than six months, which is an extract from the criminal record of each country in which the applicant is or was a citizen and an extract from the criminal record of each country where the applicant had a permitted residence in the last 15 years before submitting the application for the granting of Slovak citizenship, or another certificate of good character issued by the relevant authorities of these countries,
7. Those of the listed documents that confirm compliance with the obligations under § 7(1)(i) concerning the applicant; those documents that do not apply to the applicant are replaced by a sworn statement explaining their non-submission. Based on the above, the applicant submits the following additional documents:

           7.1 Confirmation from the tax office, customs office, and municipality on the payment of taxes and fees,

          7.2 Confirmation from the employer about employment and a copy of the employment contract,

          7.3 Confirmation from the health insurance company on the payment of public health insurance contributions and the duration of the insurance relationship,

         7.4 Confirmation from the employer on the payment of income tax and the payment of contributions for public healt insurance,  social insurance, and pension savings,

        7.5 Confirmation of study,

        7.6 Confirmation of pension benefits,

        7.7 Confirmation of a source of income sufficient to finance the applicant’s residence and that of their close persons in the Slovak  Republic if voluntarily unemployed,

 

     8. Documents replacing the proof of Slovak language proficiency.

 

To prove that “at least one of the applicant’s parents, grandparents, or great-grandparents was a Czechoslovak citizen born in the territory of the Slovak Republic,” it is necessary to attach birth certificates of ancestors (proving place of birth and family relationship) and, if applicable, other relevant documents (certificate of Czechoslovak citizenship, census records from the Slovak National Archive).

 

When obtaining these documents, it is possible to contact municipalities, parish offices, or archives. The simplest way to prove the citizenship of ancestors is through census records stored in archives. The first nationwide census in the Slovak territory took place in 1921. Later censuses were conducted in the years 1930, 1939, 1940, 1950, 1961, 1970, 1980, and 1991.

 

Birth certificates can be requested from registry offices or, in the case of older records, from archives.

 

If a Canadian citizen acquires Slovak citizenship, they do not automatically lose their Canadian citizenship. Canadian law allows dual citizenship, meaning that a Canadian citizen may retain their citizenship even after acquiring another nationality, including Slovak citizenship. Canada does not automatically revoke citizenship just because a person acquires another one.

On the other hand, Slovakia has certain restrictions on dual citizenship, but if Slovak citizenship is obtained based on Slovak ancestry (e.g., through descent), Slovak authorities do not require the applicant to renounce their original citizenship.

 

In conclusion, if a Canadian citizen acquires Slovak citizenship through ancestry or permanent residence, they will hold both citizenships, and their Canadian citizenship will remain valid.

 

 

More detailed information about the entire process can be found in our article at this link or on the official website of the Embassy of the Slovak Republic in Ottawa.

Since your daughter’s application for a Certificate of Citizenship, which determines whether a person is or is not a Slovak citizen, was denied, she may apply for Slovak citizenship under §7(2)(j) of Act No. 40/1993 on Slovak Citizenship. For this, she will primarily need the following documents.

As of April 1, 2022, it is possible to apply for Slovak citizenship based on ancestry if a parent, grandparent, or great-grandparent was a Czechoslovak citizen born on the territory of present-day Slovakia.

Required Documents for Applying for Slovak Citizenship:

Application for a Residence Permit in the Slovak Republic:

• A completed residence permit application – attached; two photographs (3.5 x 3 cm);
• Proof of accommodation (if unavailable, it is sufficient to indicate the municipality/city in the application);
• Valid passport;
• Birth certificate (authenticated by the Canadian Ministry of Foreign Affairs, apostilled by the Slovak embassy, and translated into Slovak by an official translator);
• Documents regarding the applicant’s marital status (marriage certificate, final divorce decree, spouse’s death certificate) – authenticated by the Canadian Ministry of Foreign Affairs, apostilled by the Slovak embassy, and translated into Slovak by an official translator;
• Documents proving that a parent, grandparent, or great-grandparent was a Czechoslovak citizen born in the territory of Slovakia (the applicant must submit birth certificates confirming a blood relationship to the ancestor – grandparent/great-grandparent – who was a Czechoslovak citizen, as well as proof of that ancestor’s Czechoslovak citizenship).

Application for Slovak Citizenship:

• Completed application for Slovak citizenship,
• Completed questionnaire,
• Detailed and structured CV,
• Valid passport,
• Birth certificate (authenticated by the Canadian Ministry of Foreign Affairs, apostilled by the Slovak embassy, and translated into Slovak by an official translator),
• Documents regarding the applicant’s marital status (marriage certificate, final divorce decree, spouse’s death certificate) – authenticated by the Canadian Ministry of Foreign Affairs, apostilled by the Slovak embassy, and translated into Slovak by an official translator,
• Documents proving that a parent, grandparent, or great-grandparent was a Czechoslovak citizen born in the territory of Slovakia (the applicant must submit birth certificates confirming a blood relationship to the ancestor – grandparent/great-grandparent – who was a Czechoslovak citizen, as well as proof of that ancestor’s Czechoslovak citizenship),
• Criminal record check from RCMP (on a federal level) and/or a criminal record extract from each country where the applicant is or was a citizen, and from each country where the applicant has resided for more than 180 days in the past 15 years before submitting the application (the document must be no older than six months, authenticated by the Canadian Ministry of Foreign Affairs, apostilled by the Slovak embassy, and translated into Slovak by an official translator),
• If children are included in the application, the consent of the other parent for granting the child’s citizenship (“Parental Consent for Granting Citizenship”) is required,
• Certificate of the status of a Slovak living abroad (if applicable),
• Other important documents (e.g., name change) – authenticated by the Canadian Ministry of Foreign Affairs, apostilled by the Slovak embassy, and translated into Slovak by an official translator.

Proof of Tax and Insurance Payments:

• Confirmation from the tax office, customs office, and municipality regarding tax and fee payments,
• Confirmation of employment issued by the employer and a copy of the employment contract,
• Confirmation of public health insurance payments and insurance period,
• Confirmation of income tax payments, public health insurance, social security, and pension contributions issued by the employer,
• Confirmation of studies,
• Confirmation of pension income.

The applicant may replace the last six documents listed above with a sworn statement if obtaining these documents is difficult.

 

All official documents issued in Canada (except for the last six confirmations) must be authenticated by the Canadian Ministry of Foreign Affairs, apostilled by the Slovak embassy, and translated into Slovak by an official translator.

 

All documents (except for the last six confirmations) in languages other than Slovak or Czech must be officially translated into Slovak by a translator registered with the Ministry of Justice of the Slovak Republic.

The Slovak Ministry of the Interior has a processing period of 24 months for the application (though, in practice, it is usually shorter).

 

Once the Certificate of Citizenship is obtained, you will be informed about the next steps.

 

The citizenship application must be submitted in person, and an appointment must be scheduled in advance by phone.

 

[Source: mzv.sk]