In this article, we will explain how to retain your Slovak citizenship if you are planning to acquire, or have already acquired, Canadian citizenship.
Many Slovaks settled in Canada face an important life decision: whether to apply for Canadian citizenship while preserving their European identity and Slovak passport. The good news is that current Slovak legislation (effective since April 2022), after years of restrictions, has opened up to the world and now allows individuals to legally hold both citizenships simultaneously.
Initial Consultation: Acquiring a Canadian Passport Without Losing Slovak Citizenship
When will you NOT lose your Slovak passport?
The primary criterion examined by the Slovak Ministry of Interior is the degree of your “integration” in Canada. If, at the moment you become a Canadian citizen, you can prove that you have actually lived in the Land of the Maple Leaf for at least five years, you will not lose your Slovak citizenship.
According to Section 7, Paragraph 7 of Act No. 40/1993 Coll. on State Citizenship: “Without meeting the condition under Paragraph 1, Letter a) (8-year residency in Slovakia), Slovak state citizenship shall be granted to an applicant who lost Slovak state citizenship by acquiring foreign citizenship between July 17, 2010, and March 31, 2022, provided the applicant acquired the foreign citizenship of a state where they had a permitted, registered, or otherwise recorded residency of at least five years at the time of acquisition, and submitted documentary evidence of these facts; the residency condition is considered met if the applicant actually resided in the territory of the foreign state during this period.”
This five-year residency must be legal and continuous. Key documents that the Slovak authorities will require from you include, but are not limited to:
- Proof of Permanent Residency (a copy of your Permanent Resident Card).
- Historical tax records (Canadian Notice of Assessment for the last 5 years).
- Economic and housing ties (employment verifications, lease agreements, utility bills, or bank statements).
Exceptions: Marriage and Birth
There are situations where the length of your stay in Canada plays no role. You will not lose your Slovak citizenship (even if you have lived in Canada for only one year) if:
- You acquire citizenship through marriage: That is, during a valid marriage to a Canadian citizen. (Please note: Do not forget to have your foreign marriage officially recognized in Slovakia).
- Children born in Canada: Children of Slovak parents born in Canada automatically acquire both citizenships at birth.
Child Born Abroad
If a child is born abroad to at least one Slovak parent, they automatically acquire Slovak citizenship by birth. In this case, do not forget to report the birth to the Slovak authorities and apply for the child’s Slovak birth certificate and passport.
Reacquisition of Citizenship for “Former” Citizens
If you lost your Slovak citizenship in the past (especially during the restrictive period between 2010 and 2022), current law allows you to apply for its reinstatement. This process is administratively specific and requires personal attendance at the relevant authorities.
When you might have lost your Slovak citizenship
If a Slovak citizen acquired the citizenship of another state between July 17, 2010, and March 31, 2022, it is possible they lost their Slovak citizenship if they did not meet one of the legal exceptions. For more information, please contact us at recepcia@akmv.sk.
You can apply for re-acquisition of citizenship either in Slovakia or at the Embassy of the Slovak Republic in Ottawa. According to information from the Embassy, applications must be submitted in person directly at the consulate in Ottawa or at a District Office in a regional capital within Slovakia. In addition to having a clean criminal record, you must again prove that you held a permitted residency in Canada for at least 5 years at the time you became a Canadian citizen. If you meet this condition of having a registered or otherwise permitted residency in Canada prior to naturalization, “such an applicant is not required to have a registered residency in the Slovak Republic.”
Documents Required for the Reacquisition of Slovak Citizenship
According to the official website of the Slovak Embassy in Canada, the following documents must be attached to the application for re-acquisition of citizenship:
- Structured Curriculum Vitae (CV/Resume);
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Valid Identity Document;
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Birth Certificate – original;
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Document proving marital status (e.g., marriage certificate, divorce decree, or spouse’s death certificate);
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Authentic document issued by the state whose citizenship the applicant acquired, confirming at least five years of habitual, permanent, or registered residence. This must be authenticated by superlegalization and include a translation into the Slovak language; or an authentic document that cannot be superlegalized (e.g., ID card or visa) along with a formal affidavit regarding the duration of the stay;
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Criminal Record Check (not older than 6 months) from the state of the applicant’s current citizenship, or any state where the applicant has resided for more than 180 consecutive days in the last 15 years (excluding the Slovak Republic);
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Certificate of Foreign Citizenship (Naturalization Certificate);
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Certificate of a Slovak Living Abroad, if one has been issued;
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Document proving (last) residency in the Slovak Republic (can be replaced by an affidavit);
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Decision on change of name or surname, if applicable;
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Additional documents depending on the individual situation:
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Employer’s confirmation of employment, proof of business activities, or other source of income;
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Confirmation of studies;
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Confirmation of pension benefits, registration as a job seeker, or proof of health insurance;
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Confirmation from the tax office, customs office, and municipality regarding the payment of taxes and fees (can be replaced by an affidavit).
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The applicant submits only those documents under point (k) that apply to them and are available. Documents that cannot be obtained without significant difficulty may be replaced by an affidavit explaining why they were not submitted.
All documents issued by a foreign state must be officially authenticated (Apostille or Superlegalization) and officially translated into the Slovak language. (Source: https://www.mzv.sk/web/ottawa/sluzby/statne-obcianstvo)
Tip
Even if you did not have a five-year residency in Canada prior to acquiring Canadian citizenship, you may still apply for the reacquisition of your Slovak citizenship as a former citizen. Do not hesitate to contact us at recepcia@akmv.sk for further assistance.
Practical Tip: Keep an Eye on the Apostille
As of January 2024, the process for authenticating Canadian documents (such as birth certificates or criminal record checks) has been simplified. Canada has officially joined the Apostille Convention. This means that a complex, multi-stage authentication (superlegalization) is no longer required. You only need to obtain an Apostille from the relevant Canadian authorities and subsequently provide an official translation into Slovak.
Why Choose Our Law Firm?
Every case in Canada is unique. At AKMV Law Firm, we provide comprehensive services to ensure your success:
- Assessment of Eligibility: We will determine whether you meet the criteria to retain or reacquire your citizenship.
- Documentation Management: We help you prepare your documents so that Slovak authorities accept them on the first attempt.
- Legal Representation: We communicate on your behalf with the Ministry of Interior of the Slovak Republic and the Embassy. We will book your appointment, arrange for official translations and Apostilles, and finalize your entire application.
Are you preparing for a citizenship ceremony in Canada or looking to regain your lost Slovak passport? Do not risk a rejected application due to missing evidence. Write to us at recepcia@akmv.sk.
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