Slovak citizenship by descent for citizens of Canada

Hello, According to Section 7, Paragraph 2, Letter j) of Act No. 40/1993 Coll. on State Citizenship of the Slovak Republic (hereinafter “ASCSC”): “An applicant who has a permitted residence in the territory of the Slovak Republic may be granted state citizenship of the Slovak Republic without meeting the condition mentioned in Paragraph 1, Letter a), unless this law provides otherwise, if they were not a state citizen of the Slovak Republic and at least one of their parents, grandparents, or great-grandparents was a Czechoslovak state citizen born in the territory of the Slovak Republic.” This means that in such a case, the applicant is not obliged to prove that they have had continuous permanent residence in the territory of the Slovak Republic for at least 8 years immediately preceding the submission of the application for the grant of Slovak state citizenship. However, the applicant must still meet other conditions resulting from Section 7, Paragraph 1 of the ASCSC, specifically:

• they have a clean criminal record; for the purposes of this law, a person is not considered to have a clean record if they:

  • were lawfully convicted of an intentional criminal offense and five years have not passed since the conviction was expunged,

  • had criminal prosecution for an intentional criminal offense lawfully conditionally stayed and five years have not passed since the expiration of the probationary period,

  • had criminal prosecution for an intentional criminal offense stayed by a court decision on the approval of a settlement or by a prosecutor’s decision on the approval of a settlement and five years have not passed since that decision became final.

• they have not been sentenced to expulsion by a court,

• they are not subject to ongoing criminal prosecution,

• they are not subject to extradition proceedings or proceedings for the execution of a European arrest warrant,

• they are not subject to administrative expulsion proceedings,

• they are not subject to asylum revocation proceedings,

• they have demonstrated command of the Slovak language in both speech and writing and general knowledge of the Slovak Republic,

• they fulfill obligations arising from legal regulations governing the residence of foreigners in the territory of the Slovak Republic, public health insurance, social insurance, old-age pension savings, taxes, levies, fees, employment of foreigners, and other obligations for foreigners arising from the legal order of the Slovak Republic, and

• they do not represent a threat to public order or the security of the Slovak Republic.

The application for the grant of state citizenship of the SR is submitted in person at the district office at the seat of the region, at a diplomatic mission, or at a consular office of the Slovak Republic. Personal submission of the application is necessary for the purpose of verifying the applicant’s identity, their knowledge of the Slovak language, and for making copies of registry documents after comparing them with the originals. The Ministry of Interior of the Slovak Republic acts upon and decides on the submitted application for the grant of state citizenship of the Slovak Republic (Section 8, Paragraph 1 of the ASCSC). Please note, however, that there is no legal entitlement to the grant of state citizenship of the Slovak Republic, even after meeting the conditions set by law.

An application for the grant of Slovak citizenship contains:

• name, surname, maiden name, personal identification number (if assigned), date and place of birth of the applicant,

• the address of the applicant’s permanent residence, unless this law provides otherwise,

• the reasons for the application for the grant of state citizenship of the Slovak Republic, and

• the date and signature of the applicant. Forms for filling out the application can be found on the official website of the Ministry of Interior of the SR.

The applicant attaches the following annexes to the application for the grant of Slovak citizenship:

• a detailed structured curriculum vitae stating personal data, data on education, work activity, other gainful activity, language skills, special abilities, interests, stating the date and the signature of the applicant,

• a valid identity document containing a current facial likeness of the applicant in a frontal view,

• a birth certificate,

• a document of personal status, which is a marriage certificate, a final judgment or confirmation of divorce, or a spouse’s death certificate if the applicant is a married man or woman, divorced, or widowed,

• a document of residence in the territory of the Slovak Republic, and if it concerns a former citizen, a document of the last permanent residence in the territory of the Slovak Republic or an affidavit regarding this residence,

• a criminal record check not older than six months, which is an extract from the criminal register of every state of which they are or were in the past a state citizen, and an extract from the criminal register of every state in which they had a permitted residence in the last 15 years before submitting the application for the grant of state citizenship of the Slovak Republic, or another document of a clean record issued by the relevant authorities of these states,

• those mentioned documents which confirm the fulfillment of obligations according to Section 7, Paragraph 1, Letter i) concerning this applicant, whereby documents that do not concern the applicant are replaced by an affidavit explaining their non-submission; based on the above, the applicant submits the following additional documents:

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

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

  • confirmation from the health insurance company regarding the payment of premiums for public health insurance and the duration of the insurance relationship,

  • employer’s confirmation regarding the payment of income tax and the payment of premiums for public health insurance, social insurance, and old-age pension savings,

  • confirmation of study,

  • confirmation of receiving a pension,

  • confirmation of a source of income sufficient to finance the residence of the applicant and their close persons in the territory of the Slovak Republic if they are voluntarily unemployed,

• documents that replace the demonstration of command of the Slovak language.

To prove the fact that “at least one of the applicant’s parents, grandparents, or great-grandparents was a Czechoslovak state citizen born in the territory of the Slovak Republic,” it is also necessary to attach the birth certificates of ancestors (proving the place of birth and the kinship relationship) or other relevant documents (certificate of Czechoslovak state citizenship, census sheets from the Slovak National Archive). When obtaining the mentioned documents, it is possible to contact municipalities, parish offices, or archives. The simplest way to prove the state citizenship of ancestors is through census sheets, which are stored in archives. The first nationwide census in our territory was in 1921. Later censuses took place in 1930, 1939, 1940, 1950, 1961, 1970, 1980, and 1991. Birth certificates can be requested from registry offices or, in the case of older birth certificates, from archives.

If a Canadian acquires Slovak citizenship, they do not automatically lose Slovak [sic – should be Canadian] citizenship. Canadian legislation allows dual citizenship, which means that a Canadian citizen can keep their citizenship even after acquiring the citizenship of another country, including Slovak. Canada does not automatically deprive anyone of citizenship just because they acquired another. On the other hand, Slovakia has certain restrictions on dual citizenship, but if you acquire SR citizenship based on Slovak descent (e.g., after ancestors), the Slovak authorities do not require the renunciation of the original citizenship. In conclusion, it can be stated that if a Canadian acquires Slovak citizenship, for example, through descent or permanent residence, they will have both citizenships and their Canadian one will be preserved.

Since your daughter received a negative standpoint on obtaining the Certificate of State Citizenship, which is used to determine whether a person is or is not a Slovak citizen, she may apply for state citizenship according to Section 7, Paragraph 2, Letter j) of Act No. 40/1993 on State Citizenship of the SR. For this, she will primarily need the following documents.

Since April 1, 2022, it is possible to apply for Slovak citizenship based on descent if a parent, grandparent, or great-grandparent was a Czechoslovak citizen born in the territory of today’s Slovak Republic.

To submit an application for Slovak citizenship, it is necessary to submit the following documents:

Application for a Residence Permit in the Slovak Republic:

• Completed application for a residence permit – attached; 2x photograph ($3.5 \times 3$ cm),

• Proof of accommodation (if you do not have such a document, it is sufficient to state the municipality/city in the application),

• Valid passport,

• Birth certificate (certified by the Ministry of Foreign Affairs of Canada, apostilled by the Slovak Embassy, and translated into Slovak by an official translator),

• Documents regarding the personal status of the applicant (marriage certificate, final divorce decree, death certificate of a spouse) – certified by the Ministry of Foreign Affairs of Canada, apostilled by the Slovak Embassy, and translated into Slovak by an official translator.

• Documents proving that a parent, grandparent, or great-grandparent was a Czechoslovak citizen born in the territory of the Slovak Republic. (An applicant for the grant of Slovak citizenship must submit birth certificates that confirm the blood relationship to the ancestor – grandparent/great-grandparent who was a Czechoslovak citizen, and a document of the Czechoslovak citizenship of this ancestor.)

• In the event that children are included in the application, the consent of the other parent to the granting of residence to the child is required (“Parent’s consent to the granting of residence”).

Application for Slovak Citizenship:

• Completed application for Slovak citizenship,

• Completed questionnaire,

• Detailed and structured curriculum vitae,

• Valid passport,

• Birth certificate (certified by the Ministry of Foreign Affairs of Canada, apostilled by the Slovak Embassy, and translated into Slovak by an official translator),

• Documents regarding the personal status of the applicant (marriage certificate, final divorce decree, death certificate of a spouse) – certified by the Ministry of Foreign Affairs of Canada, apostilled by the Slovak Embassy, and translated into Slovak by an official translator,

• Documents proving that a parent, grandparent, or great-grandparent was a Czechoslovak citizen born in the territory of the Slovak Republic. (An applicant for the grant of Slovak citizenship must submit birth certificates that confirm the blood relationship to the ancestor – grandparent/great-grandparent who was a Czechoslovak citizen, and a document of the Czechoslovak citizenship of this ancestor.)

• A record of a clean criminal record from the RCMP (at the federal level) and/or a criminal record extract from every country of which you are or were a citizen, and a criminal record extract from every country where you resided for more than 180 days in the last 15 years before submitting the application (the document must not be older than 6 months, must be certified by the Ministry of Foreign Affairs of Canada, apostilled by the Slovak Embassy, and translated into Slovak by an official translator),

• In the event that children are included in the application, the consent of the other parent to the granting of citizenship to the child is required (“Parent’s consent to the grant of state citizenship”),

• Certificate of the Status of a Slovak Living Abroad (if relevant),

• Other important documents (e.g., name change) – certified by the Ministry of Foreign Affairs of Canada, apostilled by the Slovak Embassy, and translated into Slovak by an official translator.

Confirmations of Payment of Taxes and Insurance Premiums:

• Confirmation from the tax office, customs office, and municipality regarding the payment of taxes and other fees,

• Confirmation of employment issued by the employer and a copy of the employment contract,

• Confirmation of payment of public health insurance and the period of insurance,

• Confirmation of payment of income tax, public health insurance, social insurance, and pension security contributions issued by the employer,

• Confirmation of study,

• Confirmation of pension income.

The applicant may replace the last six listed documents with an affidavit if it is difficult to obtain these documents.

All official documents issued in Canada (except for the last six confirmations) must be certified by the Ministry of Foreign Affairs of Canada, apostilled by the Slovak Embassy, and translated into Slovak by an official translator.

All documents (except for the last six confirmations) in languages other than Slovak or Czech must be officially translated into Slovak by an official translator registered with the Ministry of Justice of the Slovak Republic.

The Ministry of Interior of the Slovak Republic has a 24-month deadline for processing the application (in practice, however, it takes less time).

After obtaining the citizenship certificate, we will inform you of the next steps.

The citizenship application must be submitted in person, and the appointment must be arranged in advance by telephone. /source: mzv.sk/