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In the past, we have already discussed the options for granting Schengen type “C” visas, also known as tourist visas. In this article, we will focus on the granting of national “D” visas.
With effect from 1 July 2024, a national visa may be granted to a third-country national if
a) it is necessary in connection with a residence permit granted in the Slovak Republic,
b) it is necessary in connection with the submission of an application for a residence permit under this Act; this shall not apply to the submission of an application for temporary residence pursuant to Section 22 (temporary residence for the purpose of business),
c) he or she is older than 15 years of age and has been accepted for language education at a language school with a minimum of 25 teaching hours per week,
e) it is necessary for the fulfillment of the obligations of the Slovak Republic arising from international treaties.
(2) A family member of an asylee or a foreigner who has been granted subsidiary protection, as referred to in a special regulation,33) shall be granted a national visa, provided that he or she does not pose a threat to state security or public order.
We have previously described the possibilities of obtaining national visas in cases where it is in the interest of the Slovak Republic. Now we will focus rather on the changes brought about by the amendment to the Act on the Stay of Aliens, effective as of 15 July 2024.
Read also: Employment of third-country nationals
Duration of national visa granting (effective as of 1 July 2025)
A national visa is granted for a stay longer than three months, up to a maximum of one year. A national visa may be granted:
- a) for 90 days, in the case of granting a national visa in connection with a residence permit granted in the Slovak Republic (as of 1 July 2025, point b) was repealed – i.e., if necessary in connection with the submission of an application for a residence permit under this Act; this shall not apply to the submission of an application for temporary residence pursuant to Section 22),
- b) for 120 days, in the case of granting a national visa pursuant to paragraph 1, point b),
- c) for the duration of language education at a language school, up to a maximum of 31 July of the relevant school year,
- d) for the necessary period, in the case of granting a national visa to a family member of an asylee or a foreigner who has been granted subsidiary protection.
Expansion of grounds for granting a national visa
The grounds for granting a national visa that may be issued to a third-country national in connection with the submission of an application for a residence permit to the Foreign Police are being expanded. In such a case, the duration of the granted national visa is 90 days. An exception is the submission of an application for temporary residence for the purpose of business, on the basis of which a national visa cannot be granted.
According to the explanatory report: “the objective of such a legal regulation is the interest of the Slovak Republic to prefer and support, in particular, the admission of third-country nationals to the labor market and to satisfy employers’ demand for employees in connection with vacant positions.”
Where is a visa application submitted?
An application for the granting of a national visa may be submitted:
- At the diplomatic mission accredited to the country in which the third-country national has their residence.
- Through an external service provider designated by the Ministry of Foreign Affairs for the country in which the third-country national has their residence. This simplifies the submission of applications for third-country nationals who reside at a distance from diplomatic missions.
- Exception regarding application submission: If no such diplomatic mission or external service provider exists in the country of residence of the third-country national, or in cases deserving special consideration, the Ministry of Foreign Affairs, in agreement with the Ministry of Interior, shall designate another diplomatic mission or external service provider.
- A third-country national may submit an application to the Ministry of Interior of the Slovak Republic provided that they are residing lawfully in Slovakia and the national visa is to be granted in the interest of the Slovak Republic.
According to the explanatory report: “For the purposes of this provision, residence means any form of stay of a third-country national outside the territory of the Slovak Republic that is accepted by the state where the third-country national is located. In this case, this shall not constitute a short-term stay based on a Schengen visa or a visa-free regime.” The specification of the competent authority eliminates legal uncertainty for the applicant regarding the jurisdiction of the authority.
Application for the Granting of a National Visa
Along with the application for the granting of a national visa, a third-country national shall be required to submit:
- a valid travel document,
- a color photograph measuring 3 x 3.5 cm showing his or her current appearance,
- a document confirming the purpose of stay, and
- a document proving health insurance coverage.
- The diplomatic mission or the Ministry of Interior may request additional documents from a third-country national only if the documents submitted pursuant to the preceding sentence are insufficient for a decision to be made on the application for the granting of a national visa.
The application must be complete upon submission.
Pursuant to Section 17(2) of Act No. 404/2011 Coll. on the Residence of Foreigners: “If a third-country national fails to submit all the requisites pursuant to the first sentence along with the application for the granting of a national visa, the diplomatic mission or the Ministry of Interior shall not accept the application for the granting of a national visa and shall provide them with written information specifying which documents must be attached to the application for the granting of a national visa in order for their application to be accepted.”
An application that does not contain all the requisites shall not be accepted. In such a case, the authority competent to receive the application shall be obliged to inform the applicant as to which documents must be submitted in order for the application to be accepted.
Upon request, a third-country national shall be obliged to appear in person for an interview.
The diplomatic mission shall decide on the application for the granting of a national visa within 30 days from its receipt.
Grounds for Refusal of a National Visa
The grounds for refusal of a national visa have been expanded to include:
- foreign policy interests of the Slovak Republic and,
- cases where there is a reasonable suspicion that the purpose of stay declared by the third-country national does not correspond to the actual purpose of stay (e.g., the purpose of study is declared, but during the proceedings it is demonstrated that the applicant does not command the language required for the study).
Prevention of Abuse of National Visas
The purpose of the granted national visa must correspond to the purpose of residence for which the third-country national applies. Thus, if the purpose of employment is declared when submitting the visa application, the foreigner may not subsequently apply for residence for a different purpose.
Pursuant to Section 17(11) of Act No. 404/2011 Coll. on the Residence of Foreigners: “The diplomatic mission shall enter into the national visa the purpose of temporary residence for which the third-country national will apply at the police department.”
If a third-country national applies for a national visa for the purpose of submitting an application for a temporary residence permit for the purpose of employment, the name and identification number of the employer shall also be entered into the visa.
