Permanent residence permit for 5 years in Slovakia

Law no. 404/2011 on residence of Aliens (Aliens act) essentially distinguishes three types of residence of foreigners - third-country nationals. One is residence granted for five years, the other for an unlimited period of time and in the third case it is called long stay, which may be requested by a foreigner - a third country national, for example, when he had temporary residence in Slovakia for previous 5 years.

OUR PRICES

  • 1.500 EUR (include 15 hours of work) (VAT and costs are not included)
  • 250 EUR fee of the foreign police for application
  • 35 EUR fee of the foreign police for residence permit card
  • 4 EUR fee of the foreign police for delivery of the residence permit card
  • 150 EUR medical check (for more information see here: www.medicalcontrol.sk)

Act No. 404/2011 Coll. on the Residence of Foreigners essentially distinguishes three types of permanent residence for foreigners – third-country nationals:

  • Permanent residence granted for five years,
  • Permanent residence for an unlimited period, and
  • – So-called long-term residence, which a foreigner – a third-country national – can apply for, for example, if they have had temporary residence in the territory of the Slovak Republic for the last 5 years.

Permanent residence entitles a third-country national to stay, leave, and re-enter the territory of the Slovak Republic for the period granted by the police department, unless otherwise provided by law.

Permanent residence of the foreigner – citizen of a third country in Slovakia 

While citizens of European Union countries obtain permanent residence immediately (without requiring several years of temporary residence), the condition for obtaining permanent residence for a a third country citizen is at least five years of temporary residence in Slovakia. Another condition is that the permanent residence will immediately follow a five-year temporary residence permit. Therefore it is not possible to have temporary residence for five years and then after a few months or years, to apply for a permanent residence. Also a Blue Card holder may apply for a permanent residence when he meets the above mentioned criteria. Certain specifics regarding the five-year period are mentioned in § 52 of the Aliens act.

Permanent residence for five (5) years can be granted to a foreigner:

  • Who is the spouse of a citizen of the Slovak Republic with permanent residence in the territory of the Slovak Republic or a dependent relative in the direct line of a citizen of the Slovak Republic with permanent residence in the territory of the Slovak Republic;
  • Who is a single child under 18 years of age placed in the personal care of a third-country national who is the spouse of a citizen of the Slovak Republic with permanent residence in the territory of the Slovak Republic (see the post “How to Obtain Permanent Residence in Slovakia”);
  • Who is a single child under 18 years of age of a third-country national with permanent residence for five years or a child under 18 years of age placed in the personal care of a third-country national with permanent residence for five years;
  • Who is a dependent child over 18 years of age who cannot care for themselves due to permanent residence adverse health conditions and is a third-country national with permanent residence;
  • If it is in the interest of the Slovak Republic (e.g., persons – former citizens of the Slovak Republic or descendants applying for Slovak citizenship after ancestors who were Slovak citizens).

Permanent residence for five years can be granted to a third-country national who is a single child under 18 years of age placed in the personal care of a third-country national who is the spouse of a citizen of the Slovak Republic with permanent residence in the territory of the Slovak Republic or a single child under 18 years of age placed in the personal care of a third-country national with permanent residence, only if the parent who has not been entrusted with the child’s care and who has the right to meet with this child agrees to the reunification.

Please note that if a permanent residence in another Member State is granted, the residence permit in Slovakia expires. Also if the foreigner is not present in the Slovak Republic for some time, permanent residence will be canceled.

Can a foreigner – same-sex spouse – apply for permanent residence?

We draw attention to the ruling of the Žilina Regional Court No. 30S/168/2020:

“Reasons worthy of special consideration can be of various types, whether of economic importance to the Slovak Republic or personal reasons that may affect an individual citizen of the Slovak Republic. However, according to the administrative court, undoubtedly, a reason worthy of special consideration is cohabitation with a person who can be considered a close person in terms of the Civil Code.”

The plaintiff referred during the proceedings to the judgment of the European Court of Human Rights of 30 June 2016 in case no. 51362/09 – Taddeucci and McCall v. Italy, according to which granting permanent residence exclusively to different-sex spouses discriminates against unmarried same-sex couples compared to unmarried opposite-sex couples.

Therefore, when interpreting laws (including the Act on the Residence of Foreigners), it is necessary to proceed in such a way as to ensure the protection of fundamental human rights and freedoms without discrimination, and the protection of family life (cohabitation with a close person) undoubtedly belongs among such rights. It is essential to realize that a happy family (partnership) life in the circle of close persons (or the ability to share one’s life with a close person) is essentially not only a basic primary goal but also a right (the realization of which the state should support) of every individual. Therefore, in such a context, the plaintiff’s request for permanent residence in a country where their partner has permanent residence should be understood and assessed. Moreover, the decisions issued by the administrative authorities also affected the rights of the Slovak Republic citizen B. Z. to family (partnership) life and to return to his permanent residence in the Slovak Republic, as such a decision restricts his entry into the country where he has a family and wishes to live with his partner by not allowing his partner (a close person) to enter the country. It must be understood that a decision denying residence to a close person of a Slovak citizen also impacts that person’s rights.” (source: epi.sk)

General Attachments to the Application for Permanent Residence for 5 Years

The application for permanent residence (official form) must be complete with all attachments, otherwise, it will not be accepted. It is also necessary to include a valid passport.

When submitting an application for permanent residence for five years, the third-country national is required to present a valid travel document and all the documents required for the application for permanent residence for five years as stipulated by this law; otherwise, the embassy or the police department will not accept the application. If the embassy or the police department does not accept the application for permanent residence for five years, they will provide the third-country national with written information on which documents must be submitted with the application for permanent residence for five years for it to be accepted.

Interesting fact

NOTE (amendment effective from 15.7.2024)! A third-country national is entitled to stay in the territory of the Slovak Republic until a decision is made on this application if they submitted a complete application for permanent residence for five years.

An application for permanent residence permit is submitted to the competent Alien Police Department. It requires that the application is submitted by the foreigner in person. The only exception is the case of the foreigners immobility.

Attachments to the application:

The third-country national must submit one photo with dimensions of 3 x 3.5 cm showing their current appearance and documents not older than 90 days confirming:

  • a) the facts stated in § 43; a marriage certificate is not attached if the marriage with a Slovak citizen with permanent residence in the Slovak Republic took place in the Slovak Republic or is recorded in the special register, and the applicant states the place of the marriage. (The third-country national proves the facts stated in § 43(1)(a) to (d) with a civil registry document, which may be older than 90 days; in the case of a dependent relative in the direct line, a single child under 18 years of age, a child under 18 years of age placed in personal care, or a dependent child over 18 years of age, this fact is also confirmed by an appropriate document. The fact under § 43(1)(e) is proven by the third-country national with a certificate issued by a central state administration authority. The condition of permanent residence according to § 43(1)(a) to (d) is proven by an ID card, a certificate from the municipality, or a residence permit.)
  • b) criminal record; this does not apply if the third-country national is under 14 years old or if there is a change of residence type and the previous application included a document proving their criminal record.
  • c) financial security for the residence,
  • d) consent according to § 43(2), if necessary, and
  • e) proof of accommodation during the five-year permanent residence.

A U.S. citizen submits a criminal record issued by the FBI.

Financial Security

A third-country national must prove financial security for their stay in the amount of twelve times the subsistence minimum (from 07/2024, it is EUR 273.99). A minor third-country national must prove financial security for their stay in half the amount according to the first sentence.

A third-country national proves financial security for the stay according to Section 3(c) by:

  • a) a bank statement for the last three months from an account held in the name of the third-country national (NOTE! As of 15.7.2024, there is a change, and instead of a balance confirmation, a bank statement is now required)
  • b) an employer’s confirmation of the agreed salary,
  • c) an employment contract, an employer’s confirmation of the paid salary, a bank statement for the last three months from a bank account, or a document proving that the spouse, parent, or a citizen of the Slovak Republic, who is a direct relative of the third-country national, provides financial and material support during their stay in the territory of the Slovak Republic.

(7) Financial security for the stay of a third-country national must be proven in the amount of twelve times the subsistence minimum. A minor third-country national must prove financial security for the stay in half the amount according to the first sentence.

Where to Submit an Application for Permanent Residence for 5 Years?

The application can be submitted in the same way as in the case of temporary residence, either:

  1. at the embassy or
  2. in person at a police department in the Slovak Republic, if the third-country national is lawfully residing in the territory of the Slovak Republic (note: the application cannot be submitted if the applicant has been issued a “C” tourist visa).

Application Submitted at an Embassy Abroad

The embassy that received the application will conduct a personal interview with the applicant for permanent residence for five years for the purpose of preliminary assessment. The interview will be conducted in the state language or another language understandable to both parties. The embassy will prepare a written record of the interview, which will be attached to the application for permanent residence for five years. The record will be made in the language in which the interview was conducted and must be signed by the applicant. If the interview was not conducted in the state language, the embassy will prepare a translation of the record into the state language and attach a certification. If the applicant does not speak the state language, they may hire an interpreter at their own expense, who must sign the record. The embassy will send the police department the record along with its recommendation on whether to approve or reject the permanent residence for five years, including specific reasons.

The application must be submitted in person on the official form, except in cases where the foreigner is incapacitated and cannot submit the application personally. In such cases, a family member of the third-country national applying for family reunification may submit the application.

“A third-country national can submit an application for permanent residence for five years at any embassy of the Slovak Republic abroad that processes residence-related agendas. Similarly, an application for a national visa for the purpose of submitting an application for permanent/temporary residence at the Foreigners’ Police Department in Slovakia can be submitted at any embassy of the Slovak Republic that processes visa applications. The submission of an application for permanent residence and an application for a national visa for the purpose of applying for permanent/temporary residence is not tied to the applicant’s country of residence accredited to the embassy of the Slovak Republic. The applicant must be legally present in the country. If the third-country national requires a visa to enter the country, they must have a valid visa/residence permit. Before visiting the embassy, an appointment must be arranged. Some embassies may not accept applications due to the epidemiological situation at the embassy’s location” (source: email from mizv.sk before 15.7.2024 – information should be verified with the relevant embassy).

Submitting an Application at the Foreigners’ Police in Slovakia

A third-country national can submit an application for permanent residence for five years in person at the police department if:

  • a) they are residing in the territory of the Slovak Republic on the basis of a valid residence permit according to a special regulation,
  • b) they are residing in the territory of the Slovak Republic on the basis of a tolerated stay granted according to § 58(1)(a) to (c) or (2),
  • c) they are residing in the territory of the Slovak Republic on the basis of a national visa granted under § 15,
  • d) they are residing in the territory of the Slovak Republic on the basis of a Schengen visa issued by another member state under the agreement on representation in the issuance of Schengen visas between the Slovak Republic and another member state,
  • e) they are a third-country national who does not require a visa,
  • f) they are a holder of a certificate of a Slovak living abroad, or
  • g) they are a third-country national who has been granted temporary asylum in the territory of the Slovak Republic.

Decision Time for Permanent Residence for 5 Years

The police department will decide on the application for permanent residence for five years within 90 days of receiving the application.

The police department will decide within 30 days of receiving the application along with all required documents if it is a case of:

  • Granting permanent residence under § 43(1)(e) to a third-country national who represents or works for a significant foreign investor in the Slovak Republic, or
  • To their child under § 43(1)(b) to (d).

Permanent Residence for a Spouse for 5 Years

A foreigner who is the spouse of a Slovak citizen may apply for permanent residence for five (5) years in the Slovak Republic. The condition is that the Slovak citizen must also have permanent residence in the Slovak Republic.

Tip

The spouse, a Slovak citizen, must have this address recorded on their ID card. If they don’t, their proof of temporary residence at that address is required.

More on permanent residence for a spouse can be found in our advisory section: “How to Obtain Permanent Residence for a Spouse – Foreigner.”

Documents to Submit

The following documents must be submitted with the application:

  • picture with dimensions 3 x 3.5 cm showing the current appearance,
  • A valid travel document,
  • A marriage certificate,
  • A criminal record extract (apostilled or super-legalized),
  • Proof of financial security for the residence, either 1) by a bank statement for the last three months from a bank account held in the name of the third-country national, or 2) by an employment contract, an employer’s confirmation of the paid salary, a bank statement for the last three months, or a document confirming the receipt of the pension of the spouse, parent, or a citizen of the Slovak Republic, along with a sworn statement that they will provide financial and material support to the third-country national during their stay in the Slovak Republic,
  • Proof of accommodation (for a rental contract, notarized signatures of all parties are required; in case of co-ownership, signatures of all parties, not just the landlords or tenant, are required). The address of the foreigner’s accommodation must match the spouse’s address, so the proof of the spouse’s temporary residence at the shared address is also required.

Under § 121(1) of Act No. 404/2011 Coll. on the Residence of Foreigners and Amendments to Certain Acts:

(1) A third-country national proves their criminal record by submitting an extract from the criminal record of the state of which they are a national, and of the state in which the third-country national has resided for more than 90 days in the last three years during six consecutive months.

A third-country national applying for temporary residence under § 26 proves their criminal record by submitting an extract from the criminal record of the state in which they had the longest residence in the last ten years.

If a state does not issue an extract from the criminal record under the first or second sentence, it can be replaced by an equivalent document issued by the relevant judicial or administrative authority of the country of origin or by a sworn statement made by the third-country national before the relevant judicial or administrative authority, or notary of the country from which they are proving their criminal record.

The criminal record must prove the absence of a criminal record in the entire territory of the state that issued it; otherwise, the police department will not accept such a document. In justified cases, the police department may accept a criminal record that does not prove the absence of a criminal record in the entire territory of the state, with prior approval from the Ministry of the Interior.

Under § 126(5) of Act No. 404/2011 Coll. on the Residence of Foreigners: “Signatures on sworn statements, powers of attorney, and rental contracts submitted in proceedings under this Act must be certified; this does not apply if the power of attorney is declared in the minutes before the administrative authority or if it is a sworn statement or power of attorney in deportation proceedings or in detention proceedings.”

Answers to questions regarding the submission of the application for residence and required documents can be found at https://www.minv.sk/?cudzinecka-agenda.

Amount of Financial Security

The spouse of the foreigner typically proves financial security with a bank statement, where the amount should be 24 times the subsistence minimum (12x for themselves and 12x for the spouse – foreigner).

Additionally, the spouse (Slovak citizen) must submit a sworn statement with a notarized signature, stating that they will financially and materially support their spouse (foreigner).

Subsistence Minimum Amount

The subsistence minimum is EUR 273,99 from 07/2024.

Business and Employment After Obtaining Residence

According to § 23a(1)(a) of Act No. 5/2004 Coll. on Employment Services, an employer may employ a third-country national who has been granted permanent residence in the territory of the Slovak Republic.

A foreigner with permanent residence in the Slovak Republic is considered a Slovak individual. This means they can engage in business as a sole trader immediately after obtaining a trade license or as an individual based on a non-trade license under special regulations.

They may also become an executive in a business company.

Obligations of Foreigners After Obtaining Residence

A third-country national must submit a medical report to the police department confirming that they do not suffer from a disease that threatens public health within 30 days of receiving the residence permit. The medical report confirming that they do not suffer from a disease that threatens public health must not be older than 30 days.

“A third-country national must submit a medical report to the police department confirming that they do not suffer from a disease that threatens public health within 30 days of receiving the residence permit; this does not apply to a third-country national who has been granted residence in another member state or in the case of a change in the type of residence. The medical report confirming that they do not suffer from a disease that threatens public health must not be older than 30 days. The police department may, upon request from the third-country national, extend the deadline for submitting the medical report confirming that they do not suffer from a disease that threatens public health by 60 days.”

Permanent Residence for an Unlimited Time

§ 46

(1) The police department will grant permanent residence for an unlimited time to a third-country national upon request if there are no reasons to reject the application under § 48(2), and if the third-country national:

a) has been granted permanent residence under § 43 for at least four years (note: permanent residence for 5 years), or
b) is a child under 18 years old of a third-country national with permanent residence for an unlimited time, or a child under 18 years old entrusted to the personal care of a third-country national with permanent residence for an unlimited time.

(2) The Ministry of Interior may also grant permanent residence for an unlimited time without fulfilling the conditions set by this law, upon the proposal of the Slovak Information Service or Military Intelligence, due to the security interests of the Slovak Republic.

If a foreigner has been granted permanent residence for 5 years for at least four years, they can apply for permanent residence for an unlimited time. More information about permanent residence for an unlimited time can be found in our article.

Long-Term Residence

§ 52

(1) The police department will grant long-term residence to a third-country national if there are no reasons to reject the application under § 54(2), and if the third-country national:

a) has been lawfully and continuously residing in the territory of the Slovak Republic for five years immediately before submitting the application,
b) has had long-term residence terminated under § 55(e) or § 56(b), (c), or (d), or
c) has had an authorized, continuous residence in the territory of member states for five years as a blue card holder and has been residing in the territory of the Slovak Republic as a blue card holder for at least two years immediately before submitting the application.

(2) Paragraph 1 does not apply to a third-country national who:

a) is an asylum seeker,
b) has a tolerated stay under § 58(3),
c) has applied for temporary shelter,
d) is a refugee,
e) has been granted temporary residence for study purposes,
f) has been granted temporary residence for special activities under § 25(1)(d) to (f),
g) has been granted temporary residence for seasonal employment,
h) is residing in the territory of the Slovak Republic under § 23(6)(b), (c), or (d), or
i) enjoys diplomatic privileges and immunities in the territory of the Slovak Republic under international law.

Read more: Long-Term Residence

Examination of Foreigners for Foreigners’ Police / Medical Report for Foreigners

Examination of Foreigners in Zlaté Moravce – The examination for residence for the Foreigners’ Police is provided by AGEL Hospital Zlaté Moravce. The medical examination for foreigners can be done without an appointment.

Examination of Foreigners in Bratislava – This is available daily at the following address:
Poliklinika Ružinov, Agel Clinic, Ružinovská 10, Bratislava

  • Examinations are conducted daily, including for larger groups of people
  • 7:00 AM – 11:00 AM
  • No appointment needed, but if you need a specific time, call 0948 350 123
  • Payment can be made on-site in cash or by card
  • All examinations are completed in one day
  • The medical report will be issued within 7 working days
  • The examination is available for individuals aged 15 and older. Younger children are examined only in Zlaté Moravce and Zvolen.

Examination of Foreigners in Košice – The examination is provided by AGEL Hospital Košice – Šaca.

  • Examinations are held every Wednesday at 8:00 AM, and you can come without an appointment at the following address:
    Nemocnica Agel Košice-Šaca, Lúčna 57, Diagnostic Center, 1st Floor
  • Payment can be made in cash or by card directly at the clinic
  • All examinations are done in one day, X-rays are available directly at the clinic
  • The medical report will be issued within 7 working days
  • We are an authorized clinic for the Foreigners’ Police
  • We examine children only in Nitra and Zvolen; in Košice, we examine only adults (aged 18 and older).

Examination of Foreigners in 12 Other Cities – Provided by Medical Control s.r.o.

Phone: 0948 350 123

Contact us.

EN Kontaktný formulár (#13)

Mobile

+421 915 046 749 (8-18 h Mo-Fri)

Address

AKMV advokatska kancelaria s. r. o. Pluhová 17, 831 03 Bratislava Slovenská republika
ID:47 095 652 VAT:SK 2023819710

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