AKMV Slovak citizen residing abroad – temporary residence
QUESTION
We are a married couple; we hold temporary residence in Slovakia as “Slovaks living abroad” (Slovak expatriates), and we have been in Slovakia for 5 years. Can we obtain permanent residence instead of temporary residence? What is required for a change of address, given that we are currently registered in Žilina and wish to move our address to Bratislava, where we work?
ANSWER:
The Act on Residence of Foreigners permits the granting of long-term residence (which is one of the types of permanent residence) to a foreigner – a third-country national who has resided legally and continuously in the territory of the Slovak Republic for a period of five years immediately preceding the submission of the application. Therefore, if a third-country national has resided in Slovakia for at least 5 years, it is possible to apply for long-term residence, which is granted for an indefinite period.
If you are interested in a change of address, it is necessary to personally visit the Foreign Police department within the district where the new address is located and request an exchange of the residence permit card, as all changes (including changes in accommodation) should be reported by foreigners within a few days of their occurrence. A change of address can also be combined with the submission of an application for permanent residence.
JUDr. Veronika Michalíková, MBA QUESTION
I kindly request information regarding the assessment of an individual’s integrity and the submitted FBI criminal record check.
The case concerns a US citizen interested in applying for the Slovak Living Abroad Certificate. Twenty-one years ago, he committed an offense that appears on his FBI identity history summary; he was convicted under a plea agreement and sentenced to a fine of 100 USD and community service. In the USA, this act is classified as a misdemeanor.
Could you please provide information on whether this entry in the US criminal record would result in the denial of the Slovak Living Abroad Certificate (assuming all other requirements are met)?
ANSWER:
According to the position of the Office for Slovaks Living Abroad, “the document certifying integrity must be clear of any records.”
Pursuant to Section 7, Subsections 1 and 2 of Act No. 474/2005 Coll. on Slovaks Living Abroad: “For the purposes of exercising rights or benefits established by special laws for Slovaks living abroad, the status of a Slovak living abroad shall be proven by a Certificate issued by the Office. The Certificate may be issued upon written application to a person who: b) has not been convicted by a final judgment of an intentional criminal offense, or of an act which, under the laws of the Slovak Republic, constitutes an intentional criminal offense.”
“(5) Compliance with the condition under Subsection 2, Letter b) shall be demonstrated by a criminal record check or an equivalent certificate issued by the competent authority of the state of which the applicant is a citizen or in which the applicant resides, and must not be older than three months. The criminal record check or other document issued by the competent state authorities must certify integrity (clean record) throughout the entire territory of the issuing state. For the purpose of demonstrating integrity under the first sentence, the natural person shall provide the data necessary to request a criminal record check. The Office shall immediately send the data under the third sentence in electronic form via electronic communication to the General Prosecutor’s Office of the Slovak Republic for the issuance of the criminal record check.”
JUDr. Veronika Michalíková, MBA QUESTION
As a Slovak living abroad, I hold a temporary residence in Slovakia as a person with the status of a Slovak living abroad. In connection with my planned application for Slovak citizenship, I would like to ask whether it is possible to change this temporary residence to a permanent residence?
ANSWER:
Good day,
If you change your temporary residence as a Slovak living abroad to a permanent residence before being granted citizenship of the Slovak Republic (regardless of whether the change occurs before or after submitting the application), you will lose your status as a Slovak living abroad. This status is associated with several benefits—for example, a shortened required period of residence (employment or health insurance) in the territory of the Slovak Republic to 3 years, an exemption from the obligation to take a language examination, as well as a reduced administrative fee for the granting of Slovak citizenship.
If, for any reason, you need to change your residence to permanent residence, we recommend doing so before submitting your application for Slovak citizenship; however, you must be aware that by doing so, you will lose your entitlement to the aforementioned benefits and will only become eligible for citizenship after 10 years of residence in the territory of the Slovak Republic. At the same time, you will be required to pass a language examination and pay the full administrative fee of 1,000 EUR.
We do not recommend changing your residence status after submitting an application for Slovak citizenship, as in this case as well, you would lose the status of a Slovak living abroad and, consequently, the benefits associated with that status.
JUDr. Veronika Michalíková, MBA