Slovak Living Abroad Certificate
Question
I am interested in acquiring a Slovak Living Abroad certificate, then a residency permit, and eventually citizenship. My great-grandmother was Slovakian and never renounced her citizenship. It looks like I am eligible for Slovak Living Abroad status. Could you help me with this?
Answer
The status of Slovaks living abroad is regulated by the Act no. 474/2005 Coll. on Slovaks living abroad and on amendments and supplements to certain acts (hereinafter referred to as the “Act on Slovaks Living Abroad”). According to Article no 2, Slovak living abroad means a person:
- “who does not have a permanent residence in the territory of the Slovak Republic and is a citizen of the Slovak Republic or
- is not a citizen of the Slovak Republic, but maintains national awareness, and he or his direct ancestor (parent, grandparent or great grandparent) holds/held Slovak citizenship.”
National awareness is: active manifestations of affirmation of the Slovak nation and the values that represent the Slovak language, Slovak cultural heritage and traditions.”
In order to exercise the rights granted by the law to Slovaks living abroad, it is necessary to issue a certificate on the status of the Slovak living abroad. The certificate is issued by the Office for Slovaks Living Abroad. Application for the certificate can be submitted at the Office for Slovaks Living Abroad in Bratislava or at the Embassy or Consular Office of the Slovak republic in the state of residence of the applicant.
The certificate may be issued to an applicant who meets the above-mentioned definition of a Slovak living abroad, has not been lawfully convicted of an intentional crime or act that is considered an intentional crime under the laws of the Slovak Republic and does not perform an activity detrimental to the interests of the Slovak Republic.
Application on the prescribed form shall be submitted with the following attachments:
- document proving Slovak nationality of the applicant or his ancestor (According to Article no 7 of the Act on Slovaks Living Abroad, Slovak nationality can be proven by an official document confirming this fact, which is in particular a birth certificate or a baptismal certificate, an extract from the register, a certificate of citizenship or a certificate of permanent residence of the applicant, if it contains a record of nationality under the law of the state whose authority issued the certificate.)
- document proving preservation of national awareness (National awareness is demonstrated by the applicant’s declaration of the results of his public activity demonstrating his national awareness or by a written testimony of an organization associating Slovaks operating at his place of residence and, if there is not such an organisation, national awareness can be demonstrated by a written testimony of at least two Slovaks living abroad who reside in the same state as the applicant.)
- extract from the criminal records issued by the state of the citizenship or residency not older that three months (extract from the criminal records must be valid for the entire territory of the state)
- administrative fee amounting to 10 EUR
- another document if required by the Office for Slovaks Living Abroad
Office for Slovaks Living Abroad has 60 days for the decision.
On the basis of a certificate about the status of Slovak living abroad, a citizen of a non-European Union state may apply for the temporary residence permit of a Slovak living abroad. After at least three years of such a residence (immediately prior to the submission of the application) the applicant may apply for the granting of citizenship of the Slovak Republic.
In cases where the ancestor was a citizen of the Slovak Republic (or even the Czechoslovak Republic), the possibility that his descendants acquired the citizenship of the Slovak Republic by birth may also come into consideration in some cases. In order to verify the acquisition of the Slovak citizenship by birth, it is possible to apply for the Citizenship certificate. Since the acquisition of citizenship of the ancestor, from which citizenship may derive, until now several changes of the legislation may have occurred a detailed examination of all relevant facts (for example date and place of birth of ancestors, date when the marriage was concluded,…) is necessary.
Question:
I have been granted the residence permit as Slovak living abroad. I have to pick it up at the foreign police department in Bratislava and I would like to ask for the medical check? I’ve been told that the medical check isn’t necessary for Slovak living abroad, is that correct?
Answer:
The medical check is not necessary for the Slovak living abroad. According § 32 section 10 Act No. 404/2011 Coll. on Residence of Aliens “A third country national who was granted temporary residence shall be obliged to submit a medical opinion confirming that s/he does not suffer from any disease which threatens public health to the police department within 30 days from the receipt of the document of residence; this shall not apply if it concerns the third country national as per Art. 28 (Temporary Residence of Third Country National Who Has Status of Slovak Living Abroad) or Art. 30. A medical opinion confirming that s/he does not suffer from any disease which threatens public health may not be older than 30 days.”
More information about medical control / medical check.
Question
I would like to ask for information on how a person’s integrity and a documented extract from the FBI’s criminal record are assessed.
This is a US citizen who is interested in applying for a certificate of a Slovak living abroad. He committed an offense on his FBI record 21 years ago, was convicted under a guilt and punishment agreement, fined $ 100 and community service. This act is considered an offense in the United States.
I will ask for information on whether this act entered in the criminal record from the USA will cause him not to be granted a certificate of a Slovak living abroad (if, of course, he meets other requirements)?
Answer
According to the Office for Slovaks Living Abroad, “proof of integrity must be unrecorded.”
According to the Act No. 474/2005 Coll. „(1) The status of a Slovak living abroad, for the purposes of exercising the rights or benefits laid down in special laws for the Slovaks living abroad, is evidenced using a certificate issued by the Office.
(2) The certificate may be issued on the basis of a written application to a person, who
b) has not been validly sentenced for an intentional criminal offence or for an offence, which constitutes an intentional criminal offence under the Slovak law,
(5) Compliance with the condition pursuant to paragraph 2(b) shall be evidenced using an extract from the Register of Previous Convictions not older than six months or using a similar certificate issued by a competent authority of the state, in which the applicant has a domicile.“