Coronavirus and foreign nationals with an expired visa-free stay or expired visa validity

Updated:

QUESTION

How to proceed in the event that I, as a third-country national, am currently within the territory of the Slovak Republic and my visa-free stay is expiring?

ANSWER:

With regard to the inquiry concerning the procedure for foreign nationals who are currently within the territory of the Slovak Republic and whose visa validity or visa-free stay is expiring, we have contacted the Ministry of Foreign and European Affairs and received the following information:

“For such situations, the following procedure has been established: In the case of third-country nationals who are subject to a visa requirement and reside within the territory of the Slovak Republic on the basis of a granted Schengen visa with a duration of stay shorter than 90 days, they may apply for an extension of the visa on humanitarian grounds up to 90 days during the period of the visa’s validity. Third-country nationals may submit an application for the extension of a Schengen visa in person at the locally competent Foreign Police Department of the Police Force, according to the place of registered residence within the territory of the Slovak Republic.

If third-country nationals HAVE ALREADY EXHAUSTED THEIR 90-DAY SCHENGEN VISAS or have exhausted their 90-day VISA-FREE STAY, it is required that, upon exhausting the 90-day Schengen visas or the visa-free stay, they report to the Foreign Police Department of the Police Force, which shall issue them a decision on administrative expulsion without imposing an entry ban, providing a period of 30 days to depart from the territory of the Slovak Republic. If third-country nationals are unable to depart even within this period due to continuously applicable restrictions, they will be entitled to apply at the Foreign Police Department of the Police Force for an extension of the departure period pursuant to the last sentence of Section 83, Paragraph 1 of Act No. 404/2011 Coll. on the Residence of Aliens and on Amendments and Supplements to Certain Acts, as amended. It is necessary to apply for the extension of the departure period no later than the final day of the original 30-day period, whereby this period may be extended by up to 6 months, or potentially longer, taking into account the current situation.”

FOREIGN NATIONALS WHO HAVE SUBMITTED AN APPLICATION FOR RESIDENCE IN SLOVAKIA: If a foreign national has submitted an application for a residence permit, we recommend contacting the Foreign Police Department and informing them of the situation that has arisen. According to our information, provided that the foreign national has not departed and is awaiting the granting of the residence permit, the Foreign Police Department will endeavor to process their application within the time limit of the expiration of their authorized stay in Slovakia.

JUDr. Veronika Michalíková, MBA