Slovak citizenship by descent for citizens of Canada

ANSWER:

Good day,

According to § 7(2)(j) of Act No. 40/1993 Coll. on the Citizenship of the Slovak Republic (“Citizenship Act”): “A person who has been granted residence in the territory of the Slovak Republic may be granted Slovak citizenship without fulfilling the condition set out in paragraph 1(a), unless otherwise provided by this Act, if they have never been a citizen of the Slovak Republic and at least one of their parents, grandparents, or great-grandparents was a Czechoslovak citizen born in the territory of the Slovak Republic.”

This means that in such a case, the applicant is not required to prove continuous permanent residence in Slovakia for at least 8 years prior to submitting the application for Slovak citizenship.

However, the applicant must still meet the other requirements under § 7(1) of the Citizenship Act, including:

1. The applicant must be of good character; for the purposes of this Act, a person is not considered to be of good character if:

• they have been legally convicted of an intentional criminal offence and five years have not passed since the conviction was expunged,
• their criminal prosecution for an intentional criminal offence was conditionally discontinued and five years have not passed since the probation period expired,
• their criminal prosecution for an intentional criminal offence was discontinued by a court decision approving a settlement or by a prosecutor’s decision approving a settlement, and five years have not passed since the finality of this decision.

2. They must not have been sentenced by a court to expulsion,
3. must not be subject to criminal prosecution,
4. must not be subject to extradition proceedings or proceedings for the execution of a European arrest warrant,
5. must not be subject to administrative expulsion proceedings,
6. must not be subject to proceedings on the withdrawal of asylum,
7. must have demonstrated proficiency in the Slovak language both spoken and written, as well as general knowledge about the Slovak Republic,
8. must fulfill obligations arising from legal regulations governing the residence of foreigners on the territory of the Slovak Republic, public health insurance, social insurance, old-age pension savings, taxes, levies, fees, employment of foreigners, and other obligations arising for foreigners from the legal order of the Slovak Republic, and
9. must not pose a threat to public order or security of the Slovak Republic.

The application for the granting of Slovak citizenship must be submitted in person at the district office in the regional capital, at a diplomatic mission, or at a consular office of the Slovak Republic. Personal submission of the application is required in order to verify the applicant’s identity, their knowledge of the Slovak language, and to make copies of vital records after comparing them with the originals. The Ministry of the Interior of the Slovak Republic is responsible for processing and deciding on the submitted application for Slovak citizenship (§ 8(1) of the Slovak Citizenship Act).

Please note, however, that there is no legal entitlement to be granted Slovak citizenship, even if all the statutory conditions are met.

The application for the granting of Slovak citizenship must include:

1. the applicant’s first name, surname, birth surname, personal identification number (if assigned), date and place of birth,

2. the applicant’s permanent address, unless otherwise provided by law,

3. the reasons for applying for Slovak citizenship, and

4. the date and the applicant’s signature.

Application forms can be found on the official website of the Ministry of the Interior of the Slovak Republic.

The applicant shall attach the following documents to the application for the granting of Slovak citizenship:

• a detailed structured CV including personal information, education, employment, other income-generating activities, language skills, special abilities, interests, with the date and the applicant’s signature,

• a valid identity document containing a current frontal photograph of the applicant,

• birth certificate,

• document regarding marital status, such as a marriage certificate, final divorce decree or confirmation of divorce, death certificate of the spouse, if the applicant is married, divorced, or widowed,

• proof of residence in the territory of the Slovak Republic, and in the case of a former citizen, proof of last permanent residence in Slovakia or a sworn statement regarding such residence,

• a certificate of good conduct not older than six months, which is an extract from the criminal record of every country of which the applicant is or has been a citizen, and an extract from the criminal record of every country in which the applicant has had authorized residence during the last 15 years prior to submitting the application for Slovak citizenship, or another certificate of good conduct issued by the competent authorities of those countries,

• documents confirming the fulfillment of obligations under § 7(1)(i) of the Citizenship Act, as applicable to the applicant. If certain documents do not apply, they must be substituted with a sworn statement explaining their omission. These supporting documents include:

  • confirmation from the tax office, customs office, and municipality about the payment of taxes and fees,

  • confirmation from the employer of the applicant’s employment and a copy of the employment contract,

  • confirmation from the health insurance company of the payment of public health insurance contributions and the duration of coverage,

  • confirmation from the employer about the payment of income tax and contributions to public health insurance, social insurance, and old-age pension savings,

  • confirmation of study,

  • confirmation of pension receipt,

  • proof of income sufficient to support the applicant and close persons in Slovakia if voluntarily unemployed,

• documents replacing proof of knowledge of the Slovak language.

To prove that “at least one of the applicant’s parents, grandparents, or great-grandparents was a Czechoslovak citizen born on the territory of the Slovak Republic,” the applicant must submit the birth certificates of the ancestors (showing place of birth and family relationship), or other relevant documents (such as a certificate of Czechoslovak citizenship, census records from the Slovak National Archives).

To obtain these documents, it is possible to contact municipalities, parish offices, or archives. The simplest way to prove the citizenship of one’s ancestors is through census records, which are stored in archives. The first nationwide census on our territory took place in 1921. Later censuses were carried out in the years 1930, 1939, 1940, 1950, 1961, 1970, 1980, and 1991.

Birth certificates can be requested from registry offices, or, in the case of older certificates, from archives.

If a Canadian citizen obtains Slovak citizenship, they do not automatically lose their Canadian citizenship. Canadian law permits dual citizenship, which means a Canadian citizen can keep their Canadian citizenship even after obtaining the citizenship of another country, including Slovakia. Canada does not automatically revoke citizenship simply because another one is acquired.

On the other hand, Slovakia has certain restrictions regarding dual citizenship, but if Slovak citizenship is acquired based on Slovak origin (e.g., through ancestors), Slovak authorities do not require the applicant to renounce their original citizenship.

In conclusion, if a Canadian obtains Slovak citizenship, for example through ancestry or permanent residence, they may hold both citizenships, and their Canadian citizenship will remain valid.

More detailed information about the entire process can be found in our article at this [link], or on the official website of the Embassy of the Slovak Republic in Ottawa.