Certificate of a Slovak Living Abroad

ANSWER:

The status of Slovaks living abroad is governed by 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 § 2, a Slovak living abroad is a person:

• “who does not have permanent residence in the territory of the Slovak Republic and is a citizen of the Slovak Republic, or

• who is not a citizen of the Slovak Republic, but preserves national awareness, and he or one of his direct ancestors has Slovak nationality”

National awareness means: active expressions of affiliation with the Slovak nation and with the values represented by the Slovak language, Slovak cultural heritage, and traditions.

To exercise the rights granted by Slovak law to Slovaks living abroad, it is necessary to obtain a Certificate of a Slovak Living Abroad. This certificate is issued by the Office for Slovaks Living Abroad. The application can be submitted in person at the Office in Bratislava or abroad at a Slovak embassy or consulate in the country of the applicant’s residence.

The certificate can be issued to an applicant who meets the above definition of a Slovak living abroad, has not been lawfully convicted of an intentional criminal offense, or of an act which is considered an intentional criminal offense under Slovak law, and does not engage in activities harmful to the interests of the Slovak Republic.

The application must be submitted using the prescribed form and accompanied by the following documents, in particular:

• A document proving the Slovak nationality of the applicant or their ancestor (Slovak nationality, according to § 7 of the Act on Slovaks Living Abroad, is proven by an official document confirming this fact, which is, in particular, a birth certificate or baptism certificate, extract from the registry, certificate of Slovak citizenship, or 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 awareness (“National awareness is proven by a statement of the applicant about the results of their public activities that demonstrate their national awareness, or by a written testimony from a Slovak expatriate organization operating in the applicant’s place of residence; if no such organization exists, by written testimonies from at least two Slovaks living abroad who reside in the same country as the applicant.”)

• A criminal record certificate from the applicant’s country of citizenship or residence, not older than three months (the certificate must be valid for the entire territory of the issuing country).

• An administrative fee of 10 EUR.

• Any other documents requested by the Office for Slovaks Living Abroad.

The Office will issue a decision on the application within 60 days.

With the certificate, a citizen of a non-EU country can apply for temporary residence as a Slovak living abroad. Later, if the person has had continuous residence in Slovakia for at least three years immediately before applying, they may apply for Slovak citizenship.

In some cases, if the applicant’s ancestor was a citizen of the Slovak Republic (or even of the former Czechoslovakia), it may also be possible that descendants acquired Slovak citizenship by birth. To verify this, an application for a Certificate of Slovak Citizenship can be submitted. Since laws on citizenship have changed over time, a detailed assessment of key facts such as the ancestor’s date and place of birth, marriage dates, and other events is required to determine citizenship by descent.

ANSWER:

Yes, according to § 7 section 3 letter a) of Act No. 40/1993 Coll. on Citizenship of the Slovak Republic: “An applicant who has been issued a certificate proving the status of a Slovak living abroad may be granted Slovak citizenship without fulfilling the condition stated in section 1 letter a), if they have had continuous residence in the territory of the Slovak Republic for at least three years immediately prior to submitting the application for Slovak citizenship.”

The condition in section 1 letter a) is an 8-year continuous residence in the territory of Slovakia.

Based on the above, a person with the status of a Slovak living abroad can apply for Slovak citizenship after 3 years of continuous residence in Slovakia. Please note that it is not sufficient for the residence permit to have been granted for 3 years — the foreigner must have actually resided in Slovakia for the entire period.

ANSWER:

According to § 7 paragraph 3 of Act No. 40/1993 Coll. on Citizenship: “An applicant who has been issued a certificate proving the status of a Slovak living abroad may be granted Slovak citizenship without fulfilling the condition specified in paragraph 1 letter a) (the 8-year residence requirement), if:

1. they have had continuous residence in the territory of the Slovak Republic for at least three years immediately preceding the submission of the application for citizenship of the Slovak Republic, or

2. they have a residence permit in the territory of the Slovak Republic and have made a significant contribution to the community of Slovaks living abroad from which they come, in the economic, scientific, technical, cultural, social, or sports fields.”

The Ministry of the Interior and the District Office Bratislava, Citizenship Department, have confirmed to us by phone that actual physical residence in the territory of the Slovak Republic during the entire three years prior to submitting the application is required.

An article on this topic can be read on our website: https:https://www.akmv.sk/en/?p=19202

As a law firm, we can assist you with arranging temporary residence or the citizenship application. More about our services can be found at: Slovak citizenship