AKMV Slovak Citizenship by Descent for U.S. Citizens
QUESTION
I would like to obtain certified birth certificates of my grandparents in Slovakia as part of my application for dual citizenship based on ancestry. I am a U.S. citizen, but my grandfather was born in 1891 and emigrated to the United States in 1913. My grandmother was born in 1907 and emigrated to the United States in 1921.
ANSWER:
If you are interested, we will be happy to request a birth certificate, marriage certificate, death certificate, or census sheet for you.
If the ancestor emigrated before 1921, it is necessary to provide proof that they held Czechoslovak citizenship. Since the first census took place only in 1921, it would be ideal to submit a passport or another official document issued in Czechoslovakia that states their citizenship. A birth certificate alone does not prove Czechoslovak citizenship.
JUDr. Veronika Michalíková, MBA QUESTION
My parents were Czechoslovak citizens, born in Bratislava, but they emigrated to the USA in 1964. I was born a year later in the USA. At the time of my birth, my father was still a Czechoslovak citizen, but my mother was not. Later, my father also became naturalized and lost his Czechoslovak citizenship, but about a year ago, he was granted Slovak citizenship. Can I apply for Slovak citizenship?
ANSWER:
Pursuant to Section 1(2) of Act No. 194/1949 on the Acquisition and Loss of Czechoslovak Citizenship, which was in effect at the time of your birth:
“A child born abroad acquires citizenship at birth if both parents are citizens; a child born abroad to one parent who is a citizen and the other who is a foreigner acquires citizenship only if the executive body of the district national committee grants consent upon the request of the citizen parent. Such a request must be submitted within one year of the child’s birth.”
Since both of your parents were not Czechoslovak citizens at the time of your birth, you likely did not acquire citizenship at birth—unless your father submitted a request and the executive body of the national committee approved it.
JUDr. Veronika Michalíková, MBA QUESTION
Hello, I hope this message finds you well.
I live in the United States, and together with my brother, we would potentially like to consult with your law firm regarding the following and related matters:
– Obtaining Slovak citizenship by descent through our great-grandparents,
– If obtaining Slovak citizenship by descent is not possible, examining whether, based on our existing genealogical information, it would be possible to obtain citizenship by descent from another neighboring country,
– If citizenship by descent is not possible, whether we could apply for a Certificate of a Slovak Living Abroad or another official recognition of our ancestry – which could potentially allow us to obtain a residence permit (and possibly also the option to acquire citizenship later).
ANSWER:
Hello,
According to Section 7(2)(j) of Act No. 40/1993 Coll. on Citizenship:
“An applicant who has been granted residence in the territory of the Slovak Republic may be granted Slovak citizenship without fulfilling the condition set out in Section 1(a), unless otherwise stipulated by this Act, if they have never been a Slovak citizen and at least one of their parents, grandparents, or great-grandparents was a Czechoslovak citizen born in the territory of the Slovak Republic.”
Key requirements:
– The applicant must have registered residence in Slovakia. The applicant may apply for a five-year permanent residence permit for a special reason as a descendant of a Czechoslovak citizen.
– The applicant must never have been a citizen of the Slovak Republic.
– The applicant must be a direct descendant (child, grandchild, or great-grandchild) of a Slovak citizen.
– The applicant’s ancestor must have been born in the territory of the Slovak Republic and must have been a Czechoslovak citizen.
Knowledge of the Slovak language is not required for this process.
The proof of citizenship must explicitly state the exact citizenship. Place of birth alone is not sufficient, as it does not confirm that the person was a citizen. In general, we have the opinion of the Ministry of the Interior stating that the proof of citizenship must be Slovak or Czechoslovak. However, we have also encountered cases where citizenship was granted to an applicant who submitted American documents. It is important that the document explicitly includes information about citizenship. Additionally, it is advisable to submit as many supporting documents as possible. Each case is assessed individually.
We are happy to assist you throughout the entire process, including document preparation and review, communication with the relevant authorities, and providing guidance during the application submission. If you are interested in our services or have any further questions, please do not hesitate to contact us.
JUDr. Veronika Michalíková, MBA QUESTION
My grandfather emigrated to the United States in 1913 but did not become a naturalized U.S. citizen until 1936. How is his Czechoslovak citizenship assessed up to the year 1936, considering that although he lived in the United States, he did not hold U.S. citizenship during that time?
ANSWER:
Dear Sir/Madam,
Thank you for your message.
In the event that your ancestor emigrated before 1918, there is a minimal likelihood that he acquired Czechoslovak citizenship.
You state that he obtained U.S. citizenship only in 1936; however, this fact does not automatically prove that he held Czechoslovak citizenship.
It is likely that he acquired the citizenship of one of the successor states after 1918, since at the time of his emigration he was a citizen of Austria-Hungary.
In order to have acquired Czechoslovak citizenship at the time of the establishment of the Czechoslovak Republic, he would have had to possess uninterrupted right of domicile in the territory of Austria-Hungary that later became part of Czechoslovakia from at least 1910. Since your ancestor emigrated in 1913, he did not meet the condition of domicile and therefore could not have acquired Czechoslovak citizenship.
If you have any further questions, please do not hesitate to contact us.
We wish you a pleasant rest of the day.
JUDr. Veronika Michalíková, MBA QUESTION
Good evening, I know that my ancestor emigrated to the US, but I don’t know in which year. Probably between 1925 and 1935. I also know that he became a naturalized US citizen. What are my chances of obtaining citizenship through my ancestors? What documents do you recommend?
ANSWER:
Hello,
Thank you for your message.
If your ancestor emigrated after 1930, he will probably be listed in the 1930 census. This document serves as proof of your ancestor’s Czechoslovak citizenship. We will be happy to help you find the census form from that year.
However, if your ancestor emigrated before that date, we recommend that you search for the following documents, which may be useful in your case. These documents are:
- Ancestor’s naturalization certificate – if it states citizenship of the Czechoslovak Republic
- US census sheet – if it indicates Czechoslovak citizenship
- The so-called “passenger list,” if it exists.
Please note that, in general, the Ministry of the Interior of the Slovak Republic requires Slovak or Czechoslovak documents – therefore, we cannot guarantee that foreign documents will be accepted. At the same time, we would like to inform you that we are unable to assist you in locating foreign documents.
If you have any questions, please do not hesitate to contact us.
JUDr. Veronika Michalíková, MBA