Citizenship of the Czech Republic by descent
Similarly to Slovak legislation, Czech law also allows the possibility of acquiring citizenship through one’s ancestors. According to Section 31(3)...
READ THE ARTICLEOur law firm provides comprehensive legal advice to Slovak citizens who plan to apply for Austrian citizenship or have already acquired it.
Are you a Slovak citizen planning to apply for Austrian citizenship, or have you already acquired it? Under Austrian law, it is a general requirement that applicants renounce their original Slovak citizenship within a specified period.
At the same time, however, it should be noted that, in accordance with Slovak law, you have a reporting obligation to the Slovak Republic in connection with the acquisition of foreign citizenship.
The first step in the process is to submit a notification of acquisition of foreign citizenship.
Since you remain a Slovak citizen until a final decision is made on your release from the Slovak Republic, you are fully subject to the laws of the Slovak Republic.
For this reason, it is necessary to fulfill the notification obligation to the Ministry of the Interior of the Slovak Republic and submit all required documents in accordance with Act No. 40/1993 Coll. on the citizenship of the Slovak Republic.
By submitting a notification of acquisition of foreign citizenship, your second citizenship – Austrian – will also be recorded in the register of residents of the Slovak Republic.
Submitting this notification does not result in the loss of Slovak citizenship – it is purely an administrative act whereby a citizen informs the state that they have acquired foreign citizenship. Failure to submit this notification may lead to discrepancies in the population register or complications in official proceedings in the future.
At the same time, it is true that without first acquiring foreign citizenship, it is not possible to apply for release from the citizenship of the Slovak Republic. In other words, you must first obtain foreign citizenship before you can renounce your Slovak citizenship.
Až po podaní oznámenia o nadobudnutí rakúskeho štátneho občianstva môžete požiadať o prepustenie zo štátneho zväzku Slovenskej republiky. Žiadosť o prepustenie sa podáva osobne na okresnom úrade v sídle kraja, a to podľa adresy Vášho posledného trvalého pobytu na území Slovenskej republiky. Podanie prostredníctvom splnomocnenca nie je možné, žiadosť musí byť podaná osobne žiadateľom.
Section 9(3) of the Citizenship Act: “A person may not be released from the citizenship of the Slovak Republic:
- against whom criminal proceedings are being conducted, or who is serving a sentence, or who has not served a sentence imposed by a court of the Slovak Republic,
- which has registered arrears with the tax office, customs office, municipality, registered arrears in social security contributions, and the health insurance company has registered overdue receivables against it in accordance with special regulations in the Slovak Republic.”
The deadline for deciding on an application for release from the state union of the Slovak Republic is usually six months from the date of submission. In complex cases, the proceedings may be extended appropriately.
The administrative fee is payable upon submission of the application, in the following amounts:
The fee is paid when submitting the application directly at the relevant district office.
Notification of acquisition of foreign citizenship and application for release from the citizenship of the Slovak Republic may be submitted simultaneously.
If a person has lost Slovak citizenship, for example by being released from the state union of the Slovak Republic, and wishes to remain or live in the territory of the Slovak Republic, they have the option of applying for registration of residence as a citizen of the European Union.
Registration of residence as an EU citizen allows the person to legally live, work, or study in Slovakia and facilitates their contact with the authorities.
The Slovak legal system allows for the re-granting of Slovak citizenship to persons who lost it in the past, for example through release from the state union of the Slovak Republic.
According to Section 7(2) of Act No. 40/1993 Coll. on Slovak citizenship, an applicant who has a residence permit in the Slovak Republic may be granted Slovak citizenship even without fulfilling the condition of continuous permanent residence under Section 7(1)(a), unless this Act provides otherwise, if they lost Slovak citizenship by being released from the state union of the Slovak Republic.
In practice, this means that a person who has renounced Slovak citizenship may, after a certain period of time, apply for its re-granting.
Our law firm provides comprehensive legal services in the area of Slovak citizenship and related proceedings.
We will assist you at every stage of the process. We will help you with:
Our goal is to ensure that you complete the entire process without unnecessary delays and the risk of administrative errors, while ensuring that your submissions meet all legal requirements.
In this article, we will give you a closer look at Czech citizenship by descent.
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