Acquisition of citizenship of the Slovak Republic by US citizens

Otázka

I am a former Czechoslovak citizen, I had a Czechoslovak citizenship. In 1989 I immigrated and in 1996 I acquired the US citizenship. Have I the Czechoslovak/Slovak citizenship by acquiring the US citizenship?

Odpoveď:

From the data provided, it can be concluded that the loss of Czechoslovak citizenship occurred on the basis of the Convention on Naturalization concluded between Czechoslovakia and the USA, which was valid from November 14, 1929 (hereinafter referred to as the “Convention on Naturalization”).

On the basis of this Convention on Naturalization, “Czechoslovak nationals who have been or will be naturalized on the territory of the United States shall be considered in Czechoslovakia to have lost their former citizenship and become United States nationals. The preceding provisions of this article shall not apply to a national of one of the two countries who achieves naturalization in the other country at a time when his country is at war. The word “naturalized” refers to the naturalization of a person over the age of twenty-one, which was granted to him at his own request for his permanent residence in the country of naturalization, and to the naturalization of a person under the age of twenty-one acquired by the naturalization of one of his parents, provided that this person acquired a permanent residence in naturalized country.”

On July 7, 1997, the Convention on Naturalization signed in Prague on July 16, 1928 (No. 169/1929 Coll.) expired in the relationship between the Slovak Republic and the United States of America.

The National Council of the Slovak Republic agreed with the expiry of the agreement by its resolution no. 623 of May 20, 1997 and the President of the Slovak Republic approved it on June 19, 1997.

So, if you acquired US citizenship in 1996, when the Convention on Naturalization was still in force, we consider that you lost your citizenship, at that time, of Czechoslovakia.

If you are interested in reacquiring Slovak citizenship, you can apply for it according to § 7 par. 4 of the Citizenship Act: “To an applicant whose former Czechoslovak citizenship has lapsed or who has lost Czechoslovak citizenship as a result of a long-term absence in accordance with Sections 31 and 32 of the Law Article L from 1879 on the Acquisition and Loss of Hungarian Citizenship or by entering into a marriage pursuant to Section 34 of the Law of Article L from 1879 on the acquisition and loss of Hungarian citizenship, or according to § 2 of Act no. 102/1947 Coll. on the acquisition and loss of Czechoslovak citizenship by marriage, or according to § 5 of Act no. 194/1949 Coll. on the acquisition and loss of Czechoslovak citizenship, or according to § 13 par. 1 Act of the Slovak National Council No. 206/1968 Coll. on the acquisition and loss of citizenship of the Slovak Socialist Republic, or according to international treaties, citizenship of the Slovak Republic can be granted without fulfilling the condition according to paragraph 1 letter a)“ (note without fulfilling the condition of continuous permanent residence in the territory of the Slovak Republic for at least eight years immediately preceding the submission of the application).

 

Otázka

I have been a US citizen since 1985 and by acquiring citizenship I lost my Slovak (or Czechoslovak at that time). I am interested in his return, as I have learned that even former citizens who obtained American citizenship between 1927-1997 can get their Slovak citizenship back, and I would like to ask for your assistance. I appreciate any information.

Odpoveď:

The acquisition of citizenship of the Slovak Republic is governed by Act No. 40/1993 Coll. on the citizenship of the Slovak Republic (hereinafter referred to as the “Act on Citizenship”).

  • 7 of the Act on State Citizenship regulates the conditions for acquiring the state citizenship of the Slovak Republic by granting it.

According to § 7 par. 4 of the Citizenship Act: “To an applicant whose former Czechoslovak citizenship has lapsed or who has lost Czechoslovak citizenship as a result of a long-term absence in accordance with Sections 31 and 32 of the Law Article L from 1879 on the Acquisition and Loss of Hungarian Citizenship or by entering into a marriage pursuant to Section 34 of the Law of Article L from 1879 on the acquisition and loss of Hungarian citizenship, or according to § 2 of Act no. 102/1947 Coll. on the acquisition and loss of Czechoslovak citizenship by marriage, or according to § 5 of Act no. 194/1949 Coll. on the acquisition and loss of Czechoslovak citizenship, or according to § 13 par. 1 Act of the Slovak National Council No. 206/1968 Coll. on the acquisition and loss of citizenship of the Slovak Socialist Republic, or according to international treaties, citizenship of the Slovak Republic can be granted without fulfilling the condition according to paragraph 1 letter a)“ (note without fulfilling the condition of continuous permanent residence in the territory of the Slovak Republic for at least eight years immediately preceding the submission of the application).

From the data provided to us, it can be concluded that the loss of Czechoslovak citizenship may have occurred on the basis of the Convention on Naturalization between Czechoslovakia and the USA, which was valid from 11/14/1929 to 07/07/1997.

 

Conditions for granting state citizenship

With the exception of the waiver of the condition of permanent residence in the territory of the Slovak Republic, the applicant for the grant of state citizenship who is a former citizen must also fulfill the conditions for the grant of state citizenship enshrined in § 7 par. 1 of the Act on State Citizenship.

Citizenship can be granted to an applicant who:

  • is impeachable (he has not been legally convicted of an intentional crime, if five years have not passed since the conviction was expunged, criminal prosecution for an intentional crime has not been validly and conditionally stopped against him, and if five years have not passed since the probationary period, criminal prosecution for an intentional crime has not been stopped against him by a decision of the court on the approval of the settlement or by the decision of the prosecutor on the approval of the settlement if five years have not passed since the validity of this decision)
  • he/she did not have a sentence of deportation imposed by the court
  • against whom there is no criminal prosecution
  • against whom there are no extradition proceedings or proceedings for the execution of a European arrest warrant
  • against whom administrative expulsion proceedings are not pending
  • against whom there are no proceedings for the withdrawal of asylum
  • demonstrated mastery of the Slovak language
  • fulfills the obligations arising from foreigners on the territory of the Slovak Republic

 

Application for granting state citizenship

The application for the granting of state citizenship must be submitted on the prescribed form together with the Applicant Questionnaire and the following attachments:

  • a brief CV
  • proof of identity (e.g. US passport)
  • birth certificate
  • proof of personal status (marriage certificate / valid judgment or divorce certificate / spouse’s death certificate)
  • proof of the last permanent stay in the territory of the Slovak Republic or a sworn statement about this stay
  • proof of integrity not older than six months, which is a transcript from the criminal record of each state of which he is or was a citizen in the past, and a transcript from the criminal record of each state in which he was permitted to reside in the last 15 years before submitting an application for the granting of a state citizenship of the Slovak Republic, or other proof of integrity issued by the competent authorities of these countries (from the USA, only the FBI statement for the entire territory of the USA is accepted)
  • a certificate of dismissal from the state union of the Czechoslovak Republic, the Czechoslovak Socialist Republic, the Slovak Socialist Republic or the Slovak Republic or a naturalization certificate, or a confirmation of the acquisition of citizenship of another state
  • other confirmations according to the specific circumstances of the applicant – however, according to telephone information from the District Office, applicants who are former citizens do not require all the confirmations that are required of applicants as a standard, so we recommend checking the requirements at the district office to which the application will be submitted, but in general proof of income (certificate from the employer/receipt of pension) and proof of health insurance will be required

Given the current restrictions associated with anti-epidemiological measures against the coronavirus, we recommend checking the possibility of submitting an application in advance before submitting an application, as the activity of workplaces accepting applications is limited.

The district office or diplomatic mission / consular office where the application was submitted forwards the application to the Ministry of the Interior of the Slovak Republic, the Minister of the Interior of the Slovak Republic decides on the application. The deadline for processing the application is two years. Even after fulfilling all the legal conditions for the granting of state citizenship, there is no legal right. However, according to our information, procedures for granting citizenship to former citizens generally proceed faster and citizenship is usually granted.

Otázka

I am an American citizen born and raised in Washington DC. I have no other citizenship. But both my maternal grandparents were born in Slovakia. I just recently read an article dated March 2, 2021 that the Citizenship Act (No. 40/1993) is being updated to include third generation citizenship. But I can’t verify if it happened or not. If the amendment passes, I would be very interested in your company’s immigration services.

Odpoveď:

The possibility of obtaining state citizenship by granting

The granting of citizenship of the Slovak Republic is governed by Act No. 40/1993 Coll. on the citizenship of the Slovak Republic (hereinafter referred to as the “Act on Citizenship”). This currently enables the granting of Slovak citizenship after meeting the conditions, which include continuous permanent residence in the territory of the Slovak Republic for at least eight years immediately preceding the submission of the application for the granting of citizenship of the Slovak Republic or continuous residence in the territory of the Slovak Republic for at least three years immediately preceding the submission applications for the granting of state citizenship, if the applicant is a Slovak living abroad. A condition is also command of the Slovak language, spoken and written.

A legislative process is currently underway, which should lead to the simplification of the conditions for granting citizenship of the Slovak Republic to former citizens or descendants of Slovak citizens. The expected effectiveness of the change to the Citizenship Act is from July 2021, but the legislative process is still ongoing, so it is possible that the changes will be effective later and it is also possible that the change will be approved in a different wording than what is currently proposed.

The simplification of the conditions for granting citizenship will also apply to applicants who were not citizens of the Slovak Republic and at least one of their parents, grandparents or great-grandparents was a Czechoslovak citizen born on the territory of the Slovak Republic.

According to the proposed legislation, proof of knowledge of the Slovak language will not be necessary for applicants who hold a valid certificate proving the status of a Slovak living abroad.

The draft amendment to the Citizenship Act also allows the acquisition of Slovak citizenship without the condition of specifying the length of stay in the territory of the Slovak Republic in the event that the applicant was not a citizen of the Slovak Republic, and at least one of his parents, grandparents or great-grandparents was a Czechoslovak citizen born in the territory Slovak Republic. If the change is approved, it will be necessary for the applicant to have a residence permit in the territory of the Slovak Republic, but it will not be assessed how long the stay lasts.

 

Residence permit

In the case of a foreign national with Slovak origin, it is easiest to apply for a temporary residence permit for a Slovak living abroad.

In such a case, the purpose of the stay is evidenced by the Certificate on the status of a Slovak living abroad. The status of Slovaks living abroad is governed by Act no. 474/2005 Coll. on Slovaks living abroad and on amendments to certain laws (hereinafter referred to as the “Act on Slovaks Living Abroad”). The certificate is issued by the office for Slovaks living abroad to applicants who meet the definition of a Slovak living abroad and have not been legally convicted of an intentional crime or an act that is an intentional crime according to the laws of the Slovak Republic and do not carry out activities that harm the interests of the Slovak Republic.

The application for the issuance of the certificate is submitted at the Office for Slovaks Living Abroad in Bratislava or abroad at the representative office or consular office of the Slovak Republic in the country where the applicant resides.

According to § 2 of the Act on Slovaks Living Abroad, a Slovak living abroad is: 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 retains a national consciousness, and he or his the ancestor in the direct line has Slovak nationality.

 

The possibility of obtaining citizenship by birth

For descendants of citizens of the Slovak Republic, the possibility of acquiring citizenship by birth is not excluded. According to the current legislation, citizenship of the Slovak Republic can be acquired by birth, if at least one of the parents is a citizen of the Slovak Republic. If at the time of your mother’s birth, at least one of her parents was a citizen of the Slovak Republic, and subsequently at the time of your birth, your mother was a citizen of the Slovak Republic, you could acquire the citizenship of the Slovak Republic by birth.

The assessment of this possibility would, however, require a detailed analysis, because the legal regulation of the acquisition of state citizenship in today’s territory of the Slovak Republic has changed several times over the past decades. It would therefore be necessary to analyze what the legal regulation was at the time of your grandparents’ emigration. Did they not lose their citizenship, e.g. as a result of the sanction for leaving the republic, during the period of communism, or whether they did not renounce their citizenship when emigrating, etc. Subsequently, it would be necessary to analyze the legal arrangement at the time of your mother’s birth and assess whether she could have acquired state citizenship by birth. The next step would be to assess whether you still had citizenship at the time of your birth and whether the legislation at the time of your birth allowed you to acquire this citizenship. Checking whether you could acquire the citizenship of the Slovak Republic can be carried out on the basis of a request for the issuance of a certificate of citizenship.

 

Certificate of citizenship of the Slovak Republic

The Slovak citizenship certificate is issued by the relevant district office in the seat of the region on the basis of a written application, which can be submitted directly to this district office, but also to a diplomatic mission or a consular office of the Slovak Republic abroad.

According to § 9a par. 2 of the Citizenship Act, the following must be submitted with the application:

  • identity document
  • birth certificate
  • proof of personal status, which is a marriage certificate, a valid judgment or confirmation of divorce, death certificate of the spouse, if the applicant is married, divorced or widowed
  • other documents necessary for the assessment of the application, if requested by the district office in the seat of the region to submit them (e.g. the above-mentioned documents of your ancestors)

As long as your grandparents and/or mother are still alive, they can submit the application and then, depending on the results, you.

 

Conclusion

  • the amendment to the Citizenship Act has not yet been approved, the legislative process is still ongoing
  • in the case of the approval of the amendment to the law, an authorized stay in the territory of the Slovak Republic will be required for the granting of state citizenship
  • the easiest way to obtain a residence permit is to obtain a temporary residence permit for a Slovak living abroad
  • in addition to the possibility of granting citizenship of the Slovak Republic to the descendants of Slovaks, in some cases the possibility of acquiring citizenship by birth is also considered

If you are interested, we can provide you with comprehensive legal services in all the procedures mentioned in the opinion (application for granting citizenship, application for granting temporary residence of a Slovak living abroad, application for issuing a certificate of the status of a Slovak living abroad, application for issuing a certificate of national citizenship of the Slovak Republic) and we can also help you with securing higher verifications (superlegalization, apostillation) and official translations of foreign documents that will be necessary in these proceedings.

Otázka

Hello, I would like to ask you for information. The friend was born in Slovakia, but when he was 8 years old, his mother emigrated with him to the USA. Currently, he has been living as a US citizen for 03 years, but he does not have the status of a Slovak living abroad. He would like to move back to Slovakia permanently and eventually we would like to start a family. In his case, what are the possibilities of obtaining a residence permit?

Odpoveď:

Certificate of citizenship

Since your friend was born in Slovakia and for the first eight years he also lived in the territory of today’s Slovak Republic, it is likely that during this period he was a citizen of the legal predecessor of the Slovak Republic. Therefore, the key to the further procedure in his case is the verification of whether he has lost this citizenship or not. He could lose his citizenship, for example. due to the sanction for the crime of leaving the republic at that time or relinquishing citizenship, e.g. in connection with an application for US citizenship.

According to § 2 of Act no. 40/1993 Coll. on the citizenship of the Slovak Republic (hereinafter referred to as the “Citizenship Act”): “A person who was a citizen of the Slovak Republic as of December 31, 1992, pursuant to Act of the Slovak National Council No. 206/1968 Coll. on the acquisition and loss of citizenship of the Slovak Socialist Republic as amended by Act No. 88/1990 Coll., he is a citizen of the Slovak Republic according to this law.” In this case, your friend could stay in the territory of the Slovak Republic, like other citizens.

The decisive factor is whether the loss of citizenship is recorded in the Central Register of Acquisition and Loss of Citizenship of the Slovak Republic. It is possible to verify the above-mentioned facts by submitting an application for the issuance of a certificate of citizenship of the Slovak Republic.

The Slovak citizenship certificate is issued by the relevant district office in the seat of the region on the basis of a written application, which can be submitted directly to this district office, but also to a diplomatic mission or a consular office of the Slovak Republic abroad.

According to § 9a par. 2 of the Citizenship Act, the following must be submitted with the application:

  • identity document,
  • birth certificate
  • proof of personal status, which is a marriage certificate, a valid judgment or confirmation of divorce, death certificate of the spouse, if the applicant is married, divorced or widowed
  • other documents necessary for the assessment of the application, if invited by the district office in the seat of the region to submit them

In the event that the applicant is not in the Central Register of Acquisition and Loss of Citizenship of the Slovak Republic or if there are doubts about his citizenship, the district office in the seat of the region will ask the Ministry of the Interior of the Slovak Republic for approval to issue a certificate of citizenship of the Slovak Republic. The certificate of citizenship of the Slovak Republic is issued on a form issued by the Ministry of the Interior within 30 days of submitting the application. The certificate is then valid for six months from the date of issue.

If it were found that the applicant is not a citizen of the Slovak Republic, the district office in the seat of the region will reject the request for the issuance of a certificate of citizenship of the Slovak Republic and give written reasons why it could not comply with the request.

Please note that the attachments to the certificate application, which are documents issued by a foreign country, must be further verified and an official translation into the Slovak language must be attached to them.

An administrative fee in the amount of EUR 10 is collected for the issuance of a certificate of Slovak citizenship according to the valid Tariff of Administrative Fees.

 

Application for granting Slovak citizenship

In the event that it turns out that your friend has lost his Slovak citizenship (the legal predecessor of the Slovak Republic), it is possible to apply for the granting of his citizenship. For former citizens, in some cases the conditions for granting citizenship are simplified, as it is not required that the applicant has a continuous permanent residence on the territory of the Slovak Republic for at least eight years immediately preceding the submission of the application for granting citizenship. Therefore, if citizenship has been lost, it is important to find out exactly when and according to which legal provision it happened.

The conditions and procedure for acquiring the citizenship of the Slovak Republic are enshrined in Act No. on citizenship. In general, the conditions are as follows:

  • the applicant has a continuous permanent residence in the territory of the Slovak Republic for at least eight years immediately preceding the submission of the application
  • is impeachable
  • was not sentenced to deportation by the court
  • there is no criminal prosecution against him
  • there are no extradition proceedings or proceedings for the execution of a European arrest warrant against him
  • administrative deportation proceedings are not pending against him
  • there are no asylum withdrawal proceedings against him
  • demonstrated mastery of the Slovak language, both spoken and written, and general knowledge of the Slovak Republic
  • fulfills the obligations arising from the provisions of the legal regulations governing the stay 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

An amendment to the Citizenship Act is currently being prepared, which will further simplify the conditions for granting citizenship to a former citizen. It will not be necessary to demonstrate knowledge of the Slovak language. However, the exact wording of the amendment can still be changed before approval.

 

Stay in the territory of the Slovak Republic

If your friend was not a citizen of the Slovak Republic and the granting of citizenship was not currently considered, he could stay in the territory of the Slovak Republic for a long time on the basis of a permitted stay. In the case of a foreign national with Slovak origin, it is easiest to apply for a temporary residence permit for a Slovak living abroad.

In such a case, the purpose of the stay is evidenced by the Certificate on the status of a Slovak living abroad. The status of Slovaks living abroad is governed by Act no. 474/2005 Coll. on Slovaks living abroad and on amendments to certain laws (hereinafter referred to as the “Act on Slovaks Living Abroad”). The certificate is issued by the office for Slovaks living abroad to applicants who meet the definition of a Slovak living abroad[1] and have not been legally convicted of an intentional crime or an act that is an intentional crime according to the laws of the Slovak Republic and do not carry out activities that harm the interests of the Slovak Republic. The deadline is within 60 days.

The application for the issuance of the certificate is submitted at the Office for Slovaks Living Abroad in Bratislava or abroad at the representative office or consular office of the Slovak Republic in the country where the applicant resides.

The application must be submitted on the prescribed form together with the following attachments:

  • a document proving the Slovak nationality of the applicant or his ancestor (according to § 7 of the Act on Slovaks Living Abroad, Slovak nationality is: “proven by an official document confirming this fact, which is mainly a birth certificate or baptismal certificate, an extract from the registry office, a certificate of citizenship or a certificate of permanent residence of the applicant, if it contains a record of nationality according to the law of the state whose authority issued the certificate.”)
  • a document proving the preservation of national consciousness (“National consciousness is demonstrated by the applicant’s declaration of the results of his public activity, which prove his national consciousness, or by written testimony of a compatriot organization operating in his place of residence, and if there is none, by written testimony of at least two Slovaks living in foreigners who reside in the same country as the applicant.”)
  • an extract from the criminal record of the state of which he is a citizen or in which he resides, not older than three months (the extract from the criminal record must be valid for the entire territory of the state that issued it)
  • an administrative fee of EUR 10
  • other documents, if required by the Office for Slovaks living abroad

 

Conclusion

  • from the information you provide, it appears that your friend could be a citizen of the Slovak Republic, we recommend checking this fact by requesting the issuance of a certificate of Slovak citizenship
  • in the event that there has been a loss of citizenship, it will be possible to consider the possibilities of granting state citizenship under simplified conditions according to the specific circumstances of the loss of citizenship
  • in the event that the conditions for the granting of citizenship are not currently met, it is possible to apply for the granting of temporary residence of a Slovak living abroad on the basis of the issued certificate on the status of a Slovak living abroad

If you are interested, we can provide you with comprehensive legal services in all the proceedings mentioned in the opinion, and we can also help you with the provision of higher verifications (superlegalization, apostillation) and official translations of foreign documents that will be necessary in these proceedings.

[1] According to § 2 of the Act on Slovaks Living Abroad: 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 retains national consciousness, and he or his ancestor in directly has Slovak nationality.

Otázka

My mother was born in 1950, her family immigrated to the US in 1965 when they left Czechoslovakia, she became a US citizen in 1971. I’m not sure if her citizenship was actually lost the moment she became a US citizen by of a bilateral agreement or whether it was lost at the time of emigration from Czechoslovakia.

That’s why I’m asking if she can regain his citizenship and if, on the contrary, there is a mechanism how I can get it too.

Odpoveď:

Loss of citizenship

From the data provided to us, it can be concluded that the loss of Czechoslovak citizenship occurred on the basis of the Convention on Naturalization concluded between Czechoslovakia and the USA, which was valid from November 14, 1929 (hereinafter referred to as the “Convention on Naturalization”).

On the basis of this Convention on naturalization, “nationals of Czechoslovakia who have been or will be naturalized in the territory of the United States shall be considered in Czechoslovakia to have lost their former nationality and become nationals of the United States.”

On July 7, 1997, the Convention on Naturalization between Czechoslovakia and the United States of America (No. 169/1929 Coll.) expired.

If your mother acquired US citizenship in 1971, when the Convention on Naturalization was still in force, we consider that she lost her citizenship, at that time, of Czechoslovakia.

 

Granting citizenship to the mother

The acquisition of citizenship of the Slovak Republic is governed by Act No. 40/1993 Coll. on the citizenship of the Slovak Republic (hereinafter referred to as the “Act on Citizenship”).

According to § 7 par. 4 of the Act on Citizenship: “An applicant whose former Czechoslovak citizenship has expired or who has lost Czechoslovak citizenship … according to international treaties, can be granted citizenship of the Slovak Republic without fulfilling the condition according to paragraph 1 letter a”) (note without fulfilling the condition of continuous permanent residence in the territory of the Slovak Republic for at least eight years immediately preceding the submission of the application).

 

The possibility of obtaining state citizenship by granting

The law currently allows the granting of citizenship of the Slovak Republic after fulfilling the conditions, which include continuous permanent residence in the territory of the Slovak Republic for at least eight years immediately preceding the submission of the application for the granting of the citizenship of the Slovak Republic or continuous residence in the territory of the Slovak Republic for at least three years immediately preceding the submission applications for the granting of state citizenship, if the applicant is a Slovak living abroad. A condition is also command of the Slovak language, spoken and written.

A legislative process is currently underway, which should lead to the simplification of the conditions for granting citizenship of the Slovak Republic to former citizens or descendants of Slovak citizens. The expected effectiveness of the change to the Citizenship Act is in 2022, but the legislative process is still ongoing, so it is possible that the changes will be effective later and it is also possible that the change will be approved in a different wording than what is currently proposed.

The simplification of the conditions for granting citizenship will also apply to applicants who were not citizens of the Slovak Republic and at least one of their parents, grandparents or great-grandparents was a Czechoslovak citizen born on the territory of the Slovak Republic.

According to the proposed legislation, proof of knowledge of the Slovak language will not be necessary for applicants who hold a valid certificate proving the status of a Slovak living abroad.

The draft amendment to the Citizenship Act also allows the acquisition of Slovak citizenship without the condition of specifying the length of stay in the territory of the Slovak Republic in the event that the applicant was not a citizen of the Slovak Republic, and at least one of his parents, grandparents or great-grandparents was a Czechoslovak citizen born in the territory Slovak Republic. If the change is approved, it will be necessary for the applicant to have a residence permit in the territory of the Slovak Republic, but it will not be assessed how long the stay lasts.

 

Residence permit

In the case of a foreign national with Slovak origin, it is easiest to apply for a temporary residence permit for a Slovak living abroad.

In such a case, the purpose of the stay is evidenced by the Certificate on the status of a Slovak living abroad. The status of Slovaks living abroad is governed by Act no. 474/2005 Coll. on Slovaks living abroad and on amendments to certain laws (hereinafter referred to as the “Act on Slovaks Living Abroad”). The certificate is issued by the office for Slovaks living abroad to applicants who meet the definition of a Slovak living abroad and have not been legally convicted of an intentional crime or an act that is an intentional crime according to the laws of the Slovak Republic and do not carry out activities that harm the interests of the Slovak Republic.

The application for the issuance of the certificate is submitted at the Office for Slovaks Living Abroad in Bratislava or abroad at the representative office or consular office of the Slovak Republic in the country where the applicant resides.

According to § 2 of the Act on Slovaks Living Abroad, a Slovak living abroad is: 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 retains a national consciousness, and he or his the ancestor in the direct line has Slovak nationality.

 

Certificate of citizenship of the Slovak Republic

The Slovak citizenship certificate is issued by the relevant district office in the seat of the region on the basis of a written application, which can be submitted directly to this district office, but also to a diplomatic mission or a consular office of the Slovak Republic abroad.

According to § 9a par. 2 of the Citizenship Act, the following must be submitted with the application:

  • identity document,
  • birth certificate a
  • proof of personal status, which is a marriage certificate, a valid judgment or confirmation of divorce, death certificate of the spouse, if the applicant is married, divorced or widowed,
  • other documents necessary for the assessment of the application, if requested by the district office in the seat of the region to submit them (e.g. the above-mentioned documents of your ancestors).

Conclusion

  • your mother (a former citizen of Czechoslovakia) can apply for citizenship without fulfilling the condition of residence in Slovakia,
  • the amendment to the Citizenship Act has not yet been approved, the legislative process is still ongoing,
  • in the case of approval of the amendment to the law, a permitted stay in the territory of the Slovak Republic will be required for the granting of state citizenship,
  • the easiest way to obtain a residence permit is to obtain a temporary residence permit for a Slovak living abroad.

If you are interested, we can provide you with comprehensive legal services in all the procedures mentioned in the opinion (application for granting citizenship, application for granting temporary residence of a Slovak living abroad, application for issuing a certificate of the status of a Slovak living abroad, application for issuing a certificate of national citizenship of the Slovak Republic) and we can also help you with securing higher verifications (superlegalization, apostillation) and official translations of foreign documents that will be necessary in these proceedings.

Otázka

I married an American and acquired US citizenship in 2005. Have I lost my Slovak citizenship?

Odpoveď:

Slovak citizens who acquired US citizenship by naturalization in the period from 7/7/1997 to 7/17/2010 did not automatically lose their Slovak citizenship.

 

In addition, according to the Act on National Citizenship, “The loss of Slovak citizenship according to paragraph 16 will not occur if the Slovak citizen acquired the foreign citizenship of the spouse during the joint marriage, or if the foreign citizenship was acquired by birth, adoption, or if it was acquired by a minor a child. A citizen of the Slovak Republic is obliged to notify the Ministry in writing of the acquisition of foreign citizenship according to the previous sentence within 90 days of its acquisition, and is obliged to submit to this notification documents in documentary form proving the acquisition of foreign citizenship and other documents proving that there has been no loss of Slovak citizenship of the Republic according to the previous sentence, in particular the birth certificate, marriage certificate and valid decision on the adoption of a child.”