Slovak Citizenship by Descent for Australian Citizens

Dear Sir/Madam,

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

“An applicant who has a residence permit in the territory of the Slovak Republic may be granted Slovak citizenship without fulfilling the condition set out in paragraph 1(a), unless otherwise provided by this Act, if he or she has not been a citizen of the Slovak Republic and at least one of his or her parents, grandparents, or great-grandparents was a Czechoslovak citizen born in the territory of the Slovak Republic.”

This means that in such a case, the applicant is not required to prove continuous permanent residence in the territory of the Slovak Republic for at least 8 years immediately preceding the submission of the application for Slovak citizenship.

However, the applicant must still meet the other conditions arising from § 7(1) of the Citizenship Act, in particular:

• Be of good character; a person is not considered of good character under this Act if:

  • They have been lawfully convicted of an intentional criminal offense and less than five years have passed since the expungement of the conviction.
  • Their prosecution for an intentional criminal offense was conditionally suspended and less than five years have passed since the probation period ended.
  • Their prosecution for an intentional criminal offense was terminated by a court decision approving a settlement or by a prosecutor’s decision approving a settlement, and less than five years have 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 European Arrest Warrant proceedings.
  • They are subject to administrative expulsion proceedings.
  • They are subject to asylum revocation proceedings.

• Demonstrate proficiency in the Slovak language in both spoken and written form and general knowledge about the Slovak Republic.

• Fulfill obligations arising from legal regulations concerning the residence of foreigners in the Slovak Republic, public health insurance, social insurance, pension savings, taxes, levies, fees, employment of foreigners, and other obligations applicable to foreigners under Slovak law.

• Not pose a threat to public order or the security of the Slovak Republic.

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 the Slovak Republic. Personal submission is necessary to verify the applicant’s identity, knowledge of the Slovak language, and to make copies of registry documents after comparison with the originals. The Ministry of the Interior of the Slovak Republic is responsible for processing and deciding on the application for Slovak citizenship (§ 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 Slovak citizenship must include:

• Name, surname, birth surname, personal identification number (if assigned), date and place of birth of the applicant.
• Permanent residence address of the applicant, unless otherwise provided by law.
• Reasons for the application for Slovak citizenship.
• 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 following documents must be attached to the application:

• A detailed structured CV, including personal details, education, work activity, other income-generating activities, language skills, special abilities, interests, along with the date and applicant’s signature.
• A valid identification document containing the applicant’s current facial image in a frontal view.
• Birth certificate.
• Proof of marital status, such as a marriage certificate, a final divorce judgment or divorce confirmation, or a spouse’s death certificate if the applicant is married, divorced, or widowed.
• Proof of residence in the territory of the Slovak Republic, and in the case of a former citizen, proof of last permanent residence in the Slovak Republic or an affidavit regarding such residence.
• A criminal record certificate not older than six months from each country of which the applicant is or has been a citizen and from each country where the applicant has had a residence permit in the last 15 years before submitting the application.
• Documents proving fulfillment of obligations under § 7(1)(i), such as:
  • A certificate from the tax office, customs office, and municipality confirming the payment of taxes and fees.
  • Employer confirmation of employment and a copy of the employment contract.
  • A certificate from the health insurance company confirming payment of health insurance contributions and the duration of the insurance relationship.
  • Employer confirmation of the payment of income tax, health insurance contributions, social insurance contributions, and pension savings contributions.
  • Proof of study.
  • Proof of pension receipt.
  • Proof of sufficient financial resources to cover the applicant’s stay and that of their close persons in the Slovak Republic if voluntarily unemployed.
  • 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,” the application must include birth certificates of ancestors (proving the place of birth and family relationship) or other relevant documents (certificate of Czechoslovak citizenship, census records from the Slovak National Archives).

Municipalities, parish offices, or archives can be contacted to obtain these documents. The easiest way to prove an ancestor’s citizenship is through census records stored in archives. The first nationwide census in Slovakia took place in 1921, with subsequent censuses in 1930, 1939, 1940, 1950, 1961, 1970, 1980, and 1991.

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

Australia allows dual citizenship. If an Australian citizen acquires Slovak citizenship based on ancestry (e.g., through descent), they do not automatically lose their Australian citizenship.

Australian laws permit their citizens to obtain citizenship of another country without having to renounce their Australian citizenship. This means that an Australian citizen who successfully obtains Slovak citizenship can retain both citizenships simultaneously.

More detailed information on the process of obtaining Slovak citizenship can be found on the official website of the General Consulate of the Slovak Republic in Sydney.

If you require legal assistance, please do not hesitate to contact us.

Since January 1, 1969, Act No. 206/1968 Coll. on the Acquisition and Loss of Citizenship of the Slovak Socialist Republic has been in force in Slovakia. According to § 8(4), a child whose one parent is a foreigner acquires Slovak citizenship if the other parent is a citizen of the Slovak Socialist Republic.

Based on this provision, you would likely have acquired citizenship by birth. Therefore, we recommend that you first apply for a Certificate of Slovak Citizenship.

This process is simpler, and if the certificate is not issued, you can then apply for citizenship based on ancestry. More information on the procedure, required documents, and deadlines can be found on our website:

Certificate of Slovak citizenship

Our law firm can assist you with preparing and submitting the application. Please do not hesitate to contact us if you need further information or assistance.

We are a law firm in Slovakia providing legal services, including assistance with Slovak citizenship applications.

Basic Information:

According to § 7(2) of the Act (effective from April 1, 2022), an applicant who has a residence permit in the Slovak Republic may be granted Slovak citizenship without meeting the condition stated in § 7(1)(a) (i.e., continuous permanent residence in Slovakia for at least eight years immediately before applying for citizenship) if:

• They have never been a citizen of Slovakia, and
• At least one of their parents, grandparents, or great-grandparents was a Czechoslovak citizen born in the territory of Slovakia.

Conditions:

• The applicant must have a registered residence in Slovakia – they can apply for permanent residence along with their citizenship application.
• The applicant must never have been a citizen of Slovakia.
• The applicant must be a descendant of a Slovak ancestor (i.e., a parent, grandparent, or great-grandparent born in Slovakia).
• Proof of knowledge of the Slovak language is not required in this case.

Information We Need from You:

If you are interested in obtaining Slovak citizenship, please provide the following details:

Personal details of the applicant:

• Full name
• Date and place of birth
• Nationality
• Other relevant facts (previous citizenship, emigration, loss of citizenship, etc.)

Details of parents, grandparents, and great-grandparents from the Slovak ancestral line:

• Full name
• Date and place of birth
• Nationality
• Date of emigration
• Other relevant facts (previous citizenship, emigration, loss of citizenship, etc.)

Please also indicate their family relationships (e.g., Ján X. is the father of Pavol X.) or provide a simple family tree.

Documents:

If you have any documents proving that your ancestors were born in Slovakia or were Czechoslovak citizens, or documents confirming their foreign naturalization, please send us scanned copies. These may include:

• Birth certificates
• Naturalization documents
• Census records
• Marriage certificates
• Death certificates
• Passports
• Registry extracts, etc.

The documents must explicitly state “Czechoslovak citizenship.” These documents are not mandatory but can be very helpful.

Contact Us:

Please send us an email at office@akmv.sk, and we will provide you with further information or arrange a video call to discuss your case.

More details can be found here: Slovak Citizenship by Descent

According to the statement of the District Office Bratislava, Department of State Citizenship:

“According to § 1, point 2 of the Constitutional Decree of the President of the Republic No. 33 Coll. on the Regulation of Czechoslovak Citizenship of Persons of German and Hungarian Nationality, Czechoslovak citizens of German or Hungarian nationality lost their Czechoslovak citizenship on the date this decree came into effect (August 10, 1945).

According to the decree, these citizens could apply for the retention or reinstatement of Czechoslovak citizenship.

If the applicant does not have documents proving that their Czechoslovak citizenship or that of their parents was retained or reinstated upon request (such as a Czechoslovak passport issued after August 10, 1945, or a certificate of Czechoslovak citizenship issued after this date), unfortunately, we will have to reject the application for a Certificate of Slovak Citizenship.”

Verification of whether you are a Slovak citizen is possible through an application for a Certificate of Slovak Citizenship

We are happy to assist you with the application for verification of citizenship. Please do not hesitate to contact us.