AKMV Residence permit for Ukrainians in Slovakia
QUESTION
The husband, a citizen of Ukraine, had to leave Slovakia so as not to exceed the 90-day period under the visa-free regime that Ukrainians have. We have submitted the residence application, but it takes 90 days for them to decide on granting the residence. Can he stay here until the application is processed, or does he have to leave Slovakia?
ANSWER:
A third-country national from Ukraine is not entitled to remain in the territory of the Slovak Republic until a decision is made on their 5-year permanent residence (applied for on the grounds of marriage to a Slovak citizen) if their period of authorized stay in Slovakia under the visa-free regime has expired. The police department has 90 days to decide from the receipt of the residence application. In some cases, especially if a document needs to be supplemented, the proceedings may be suspended and this period extended.
The only exception where a third-country foreigner could remain in Slovakia while a 5-year permanent residence application is being processed is if they already hold some type of granted residence, such as a temporary residence, and are changing either the type or the purpose of the residence. This follows from Section 48(4) of the Act on the Residence of Foreigners, which states: “If a third-country national has applied for a change in the type or purpose of residence, their stay in the territory of the Slovak Republic is considered authorized until a decision on this application is made.”
In conclusion, we note that if the foreigner—the spouse of a Slovak citizen—is not a citizen of a country that has a visa-free regime with Slovakia, they must submit the application for permanent residence at the diplomatic mission in their country of origin (in some cases, this is also possible in the country where they hold temporary residence). Only after the residence is granted do they acquire the right to apply for a national visa and thus enter Slovakia legally to complete the necessary residence formalities (residence card, etc.).
JUDr. Veronika Michalíková, MBA QUESTION
I have a girlfriend from Ukraine and I would like her to live here with me in Slovakia. Is it possible? What does she need for that?
ANSWER:
If a third-country national (hereinafter referred to as a “foreigner”) wishes to live in Slovakia longer than their visa allows—or, in the case of Ukrainian citizens, beyond the visa-free regime—it is necessary for them to be granted residence. In the case of third-country foreigners, temporary residence comes into consideration. It is necessary to apply for the granting of temporary residence for a specific legal purpose. Temporary residence may be granted for these purposes:
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to a family member of a foreigner with temporary residence or permanent residence in Slovakia,
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to relatives in the direct ascending line of an asylee younger than 18 years, or
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to a dependent person under an international treaty.
The following are considered family members of a foreigner:
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a spouse, if the spouses are at least 18 years old;
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an unmarried child younger than 18 years of a third-country national and their spouse;
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their unmarried child younger than 18 years;
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the unmarried child of their spouse younger than 18 years;
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their dependent unmarried child older than 18 years or the dependent unmarried child older than 18 years of their spouse who cannot care for themselves due to a long-term adverse health condition;
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their parent or the parent of their spouse who is dependent on their care and does not enjoy proper family support in the country they are coming from.
It follows from the above that this does not include a cohabiting partner (boyfriend/girlfriend). Therefore, only the purposes mentioned above are applicable.
JUDr. Veronika Michalíková, MBA