Slovak Citizenship by Descent for Canadian Citizens

Dear Sir/Madam,

According to § 7(2)(j) of Act No. 40/1993 Coll. on the Citizenship of the Slovak Republic (hereinafter “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 were not a citizen 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.”

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

However, the applicant must still meet other conditions stipulated in § 7(1) ZoŠO, in particular:

  He is of good character; a person is not considered to be of good character for the purposes of 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 lawfully 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-approved settlement or a prosecutor’s decision on settlement approval, and less than five years have passed since the finality of the decision.
• He has not been sentenced to deportation by a court,

• He is not subject to ongoing criminal proceedings,

• He is not subject to extradition proceedings or proceedings for the execution of a European Arrest Warrant,

• He is not subject to administrative expulsion proceedings,

• He is not subject to asylum revocation proceedings,

• He has demonstrated proficiency in the Slovak language, both spoken and written, and general knowledge about the Slovak Republic.

• He fulfills obligations arising from legal regulations governing the residence of foreigners in the territory of the Slovak Republic, public health insurance, social insurance, old-age pension savings, taxes, levies, fees, employment of foreigners, and other obligations arising for foreigners from the legal order of the Slovak Republic, and

• He does not pose a threat to public order or the security of the Slovak Republic.

The application for granting 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 of the application is required to verify the applicant’s identity, assess their proficiency in the Slovak language, and produce copies of civil registry documents after comparison with the originals. The Ministry of the Interior of the Slovak Republic processes and decides on the application for granting Slovak citizenship (§ 8(1) ZoŠO).

However, we emphasize that there is no legal entitlement to the granting of Slovak citizenship, even after fulfilling the statutory conditions.

The application for granting Slovak citizenship includes:

• First 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 this Act,
• Reasons for applying for Slovak citizenship, and
• 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 granting Slovak citizenship:

• A detailed structured CV, including personal information, education details, employment history, other income-generating activities, language skills, special skills, interests, with the applicant’s date and signature,
• A valid identity document containing a current front-facing photograph of the applicant,
• Birth certificate,
• Proof of marital status, such as a marriage certificate, a final divorce decree, or a spouse’s death certificate (if the applicant is married, divorced, or widowed),
• Proof of residence in the Slovak Republic, and if the applicant is a former citizen, proof of their last permanent residence in Slovakia or an affidavit confirming such residence,
• A criminal record certificate not older than six months, consisting of extracts from the criminal registers of all countries where the applicant has been or was previously a citizen, and extracts from the criminal registers of all countries where the applicant had authorized residence during the last 15 years before submitting the application, or another document proving good character issued by the competent authorities of those countries.
• Those documents from the above list that confirm the fulfillment of obligations under § 7(1)(i) concerning the applicant, whereas the documents that do not apply to the applicant shall be replaced by an affidavit explaining their non-submission; based on this, the applicant shall submit the following additional documents:
  • Confirmation from the tax office, customs office, and municipality regarding the payment of taxes and fees,
  • Confirmation from the employer of employment status and a copy of the employment contract,
  • Confirmation from the health insurance company regarding the payment of contributions for public health insurance and the duration of the insurance relationship,
  • Confirmation from the employer regarding the payment of income tax and contributions for public health insurance, social insurance, and old-age pension savings,
  • Confirmation of study,
  • Confirmation of pension benefits,
  • Confirmation of sufficient income to finance the stay of the applicant and their close persons in Slovakia if the applicant is voluntarily unemployed.
• Documents replacing proof of proficiency in the Slovak language.

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 (confirming place of birth and family relationship), as well as 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 our territory was conducted in 1921. Subsequent censuses took place in the years 1930, 1939, 1940, 1950, 1961, 1970, 1980, and 1991.

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

If a Canadian citizen acquires Slovak citizenship, they do not automatically lose their Canadian citizenship. Canadian legislation allows dual citizenship, meaning that a Canadian citizen may retain their citizenship even after acquiring the citizenship of another country, including Slovakia. Canada does not automatically revoke citizenship solely because an individual acquires another nationality.

On the other hand, Slovakia has certain restrictions on dual citizenship. However, if Slovak citizenship is obtained based on Slovak ancestry (e.g., through descent), Slovak authorities do not require renunciation of the original citizenship.

In conclusion, it can be stated that if a Canadian citizen acquires Slovak citizenship, either through descent or permanent residence, they will hold both citizenships, and their Canadian citizenship will remain intact.

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 received a negative decision regarding the issuance of the Certificate of Citizenship, which determines whether a person is or is not a Slovak citizen, 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 in the territory of present-day Slovakia.

To submit an application for Slovak citizenship, the following documents must be provided:

Application for a residence permit in the Slovak Republic:

• Completed residence permit application – attached; 2x photographs (3.5 x 3 cm),
• Proof of accommodation (if such a document is not available, it is sufficient to indicate the municipality/city in the application),
• Valid passport,
• Birth certificate (certified by the Ministry of Foreign Affairs of Canada, apostilled by the Slovak embassy, and translated into Slovak by an official translator),
• Documents regarding the applicant’s personal status (marriage certificate, final divorce decree, spouse’s death certificate) – certified by the Ministry of Foreign Affairs of Canada, apostilled by the Slovak embassy, and translated into Slovak by an official translator,
• Documents proving that the parent, grandparent, or great-grandparent was a Czechoslovak citizen born in the territory of the Slovak Republic. (The applicant for Slovak citizenship must submit birth certificates confirming the blood relationship to the ancestor – grandparent/great-grandparent who was a Czechoslovak citizen, along with proof of this ancestor’s Czechoslovak citizenship.),
• If children are included in the application, the consent of the other parent for granting the child’s residence permit is required (“Parental Consent for Granting Residence”).

  Application for Slovak citizenship:

  • Completed Slovak citizenship application,
  • Completed questionnaire,
  • Detailed and structured CV,
  • Valid passport,
  • Birth certificate (certified by the Ministry of Foreign Affairs of Canada, apostilled by the Slovak embassy, and translated into Slovak by an official translator),
  • Documents regarding the applicant’s personal status (marriage certificate, final divorce decree, spouse’s death certificate) – certified by the Ministry of Foreign Affairs of Canada, apostilled by the Slovak embassy, and translated into Slovak by an official translator,
  • Documents proving that the parent, grandparent, or great-grandparent was a Czechoslovak citizen born in the territory of the Slovak Republic. (The applicant for Slovak citizenship must submit birth certificates confirming the blood relationship to the ancestor – grandparent/great-grandparent who was a Czechoslovak citizen, along with proof of this ancestor’s Czechoslovak citizenship.),
  • Criminal record check from the RCMP (at the federal level) and/or an extract from the criminal register of each country of which you are or were a citizen, as well as an extract from the criminal register of each country where you resided for more than 180 days in the last 15 years before submitting the application (the document must not be older than 6 months, must be certified by the Ministry of Foreign Affairs of Canada, 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 citizenship is required (“Parental Consent for Granting Citizenship”),
  • Certificate of the status of a Slovak living abroad (if applicable),
  • Other important documents (e.g., name change) – certified by the Ministry of Foreign Affairs of Canada, apostilled by the Slovak embassy, and translated into Slovak by an official translator.

    Confirmation of tax and insurance payments:

    • Confirmation from the tax office, customs office, and municipality regarding the payment of taxes and other fees,
    • Employment confirmation issued by the employer and a copy of the employment contract,
    • Confirmation of public health insurance payments and the duration of insurance coverage,
    • Confirmation of income tax payments, public health insurance, social insurance, and pension contributions issued by the employer,
    • Confirmation of study,
    • Confirmation of pension income. 

The applicant may replace the last six listed documents with an affidavit if obtaining these documents is difficult.

All official documents issued in Canada (except for the last six confirmations) must be certified by the Ministry of Foreign Affairs of Canada, 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 court-certified translator registered with the Ministry of Justice of the Slovak Republic.

The Ministry of the Interior of the Slovak Republic has a processing period of 24 months for the application (in practice, it usually takes less time).

Once the Certificate of Citizenship is issued, we will inform you 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/