Coronavirus and temporary residence in the Slovak Republic

Updated:

QUESTION

My girlfriend and I reside in Germany, and we intend to relocate to the Slovak Republic as of June. We have purchased an apartment in the Slovak Republic, and my girlfriend would like to arrange a temporary residence permit there, as she holds permanent residency in the Czech Republic. In the event that she is unable to enter the territory of the Slovak Republic due to the coronavirus pandemic, what procedural steps should she undertake?

ANSWER:

Regrettably, you do not specify your girlfriend’s nationality, which is the determining factor for the appropriate residence permit acquisition procedure.

Should your girlfriend be a national of an EU Member State, she would be entitled to residency as an EU citizen (the right of residence of a Union citizen pursuant to Section 64 of the Act on the Residence of Aliens). A Union citizen is authorized to reside in the Slovak Republic for a period of three months from the date of entry. A Union citizen is legally obligated to report the commencement of their stay within the territory of the Slovak Republic to the competent police department within ten working days from the date of entry into the territory of the Slovak Republic. However, with effect from March 13, 2020, due to the coronavirus pandemic, the following restrictive measure applies for a period of 14 days: “registrations of residence of EU citizens and their family members will not be processed during these 14 days. It shall be sufficient if such persons arriving for a stay within the territory of the Slovak Republic transmit the residence registration form by postal mail. Subsequently, upon the expiration of these measures, they shall attend the department in person to complete their residence registration.” The arrangement of any alternative type of residence permit (e.g., a temporary residence permit) is not required in this context. Regrettably, traveling to the territory of the Slovak Republic is currently restricted as a consequence of the coronavirus pandemic; it is therefore necessary to await the reopening of the state borders.

Should your girlfriend be a third-country national, she would presumably be eligible to apply for a temporary residence permit. The statutory purpose of the stay is a key prerequisite. Pursuant to the Act on the Residence of Aliens, since she holds permanent residency in the Czech Republic, the application must be submitted in person either at a diplomatic mission or at the competent police department. Consequently, she could lodge her application in person abroad at a diplomatic mission of the Slovak Republic or in person within the territory of the Slovak Republic. However, complications may arise regarding her entry into the territory of the Slovak Republic due to border closures enacted as a consequence of the coronavirus pandemic. Furthermore, with effect from March 13, 2020, the rule applies that: “Third-country nationals shall only be permitted to submit applications for the renewal of a temporary residence permit or for the granting of a permanent residence permit for an indefinite period. No other applications shall be accepted during this period.” We therefore recommend verifying the feasibility of submitting an application at a diplomatic mission of the Slovak Republic, specifically whether applications are being accepted by the respective mission during this extraordinary period.

JUDr. Veronika Michalíková, MBA