Permanent Residence for an unlimited time

According to § 46(1)(a) of the Foreigners’ Residence Act: “The police department shall grant permanent residence for an indefinite period / unlimited time at the request of a third-country national if there are no grounds for rejecting the application under § 48(2) to a third-country national who has had permanent residence for at least four years under § 43.” The law does not specify a requirement for the foreigner to stay in the territory of the Slovak Republic for a prescribed period, which has also been confirmed by the Foreigners’ Police Department in Bratislava. The basic criterion is that the reasons for granting the residence permit continue to exist, meaning that you are still married to your wife.

On the other hand, under § 50(1)(c) of the Foreigners’ Residence Act: “The police department shall revoke permanent residence if the third-country national resides continuously outside the country for more than 180 days without notifying the police department in writing.”

If your wife submits an application for permanent residence for an indefinite period and it is found that there is a reason to revoke her current 5-year permanent residence (e.g., she stayed outside Slovakia continuously for more than 180 days without written notification or for any other legal reason), the process for granting the residence would be suspended, and the issue of revoking her current residence would be examined. The Foreigners’ Police may decide that it is necessary to conduct an interview with your wife to inquire about further details.

The Foreigners’ Police Department always makes a copy of the foreigner’s passport when the application is submitted. If the foreigner has an older passport, it is possible to determine how long they stayed abroad by checking the stamps. If the foreigner stayed abroad continuously for more than 180 days without notifying the police in writing, this could not only be grounds for refusing permanent residence for an indefinite period but also for revoking the current 5-year permanent residence. It is difficult to predict how thoroughly a particular officer will handle the application and how closely this will be examined.

If your wife stayed abroad for more than 180 days and did not fulfill the notification obligation, the Migration Information Center recommends doing so retroactively. However, such notification may not be considered relevant or accepted by the Foreigners’ Police.

To apply for permanent residence for an indefinite period, the following documents are required:

• Application
• Valid travel document
• 2 photographs showing the current appearance
• Proof of financial security
• Health insurance confirmation
• Proof of accommodation
• A sworn declaration that the reasons for granting permanent residence still apply (with a certified signature)

According to the information provided by the Foreigners’ Police Department in Bratislava, each case is assessed individually. It is recommended to submit supporting documents such as a child’s birth certificate, confirmation from the club where the applicant is active, and possibly other documents proving the wife’s ties to Slovakia.

Please note that the right to permanent residence for an indefinite period will only arise if the 5-year permanent residence has not been revoked and it is still valid at the time of submitting the application.

If you decide to submit an application for permanent residence for an indefinite period, we recommend doing so as soon as possible, considering the time frame the Foreigners’ Police has for making a decision.

Lastly, we would like to point out that under § 131k(1) of the Foreigners’ Residence Act: “The validity of temporary residence, permanent residence, or tolerated stay, which would otherwise expire during the state of emergency declared in connection with the mass influx of foreigners into the territory of the Slovak Republic due to the armed conflict on the territory of Ukraine (hereinafter referred to as the ‘state of emergency’), is extended until the expiration of two months from the end of the state of emergency. In connection with the extension of the validity of residence under the previous sentence, the police department shall, with the consent of the Ministry of the Interior, issue a residence permit to a third-country national with a specific expiration date, if necessary for the purpose of the stay.”

Permanent Residence for an Indefinite Period / Unlimited period is granted to a third-country national who:

• Has had permanent residence under § 43 (permanent residence for 5 years) for at least four years, or
• Is a child under 18 years of age of a third-country national with permanent residence for an indefinite period, or a child under 18 years of age entrusted to the care of a third-country national with permanent residence for an indefinite period.

The following documents must be submitted with the application for permanent residence for an indefinite period:

• Application
• Valid travel document (without which the Foreigners’ Police will not accept the application)
• Two photographs (3×3.5 cm) showing the applicant’s current appearance
• Document proving financial security for the stay
• Confirmation of health insurance

In the case of option 2 (a child under 18 years of age), the following must also be submitted:

• Health insurance
• Proof of good conduct for individuals over 14 years old
• Consent according to § 43(2)
• Document proving the situation under § 46(2)
• Medical certificate confirming the absence of any disease that threatens public health, to be submitted within 30 days of the application.

The police department may also request additional documents from the third-country national, such as:

• A document not older than 90 days confirming the provision of accommodation
• A sworn declaration that the reasons for granting permanent residence still apply

Please note that, based on our experience, the Foreigners’ Police also examine whether the foreigner has met the conditions for 5-year permanent residence, such as not being absent from the territory of Slovakia for more than 180 days (or, if they were absent, whether they fulfilled their obligation to notify the police of this fact). This is based on § 50(1)(c) of the Foreigners’ Residence Act, which states, “The police department will revoke permanent residence if a third-country national stays outside the country continuously for more than 180 days without notifying the police department in writing…”

The Foreigners’ Police typically verify this by checking passport stamps. If the foreigner has since replaced their passport, the police may request other documents proving this fact, such as photocopies of airline tickets, receipts, services, purchases, invoices, etc.