Options for Foreigners to Obtain a Slovak Passport

The obligations of a foreigner are regulated by Act No. 404/2011 Coll. on the residence of foreigners (hereinafter referred to as the “Foreigners’ Residence Act”). You can read about long-term residence in our article.

Pursuant to § 111 par. 1 letter c) of the Foreigners’ Residence Act, a foreigner granted residence has several obligations, including: “… is obliged to prove identity and the legality of residence upon request of a police officer by submitting a valid travel document and residence document or an identification card issued by the Ministry of Foreign Affairs to persons enjoying diplomatic privileges and immunities under international law.”

Failure to present a passport constitutes an offense under § 118 par. 1 letter b): “A third-country national commits an offense in the area of residence if they violate the obligation under § 27 par. 6, § 32 par. 9 or par. 10, § 38 par. 8 or par. 9, § 59 par. 5 or par. 9, § 62 par. 3, § 73 par. 14, § 96 par. 4, § 111 par. 1 letter b) to f), h), j) to l), o) to r) or par. 7.” A fine of up to 1,600 euros may be imposed for an offense under the mentioned provision.

The reasons for the expiry of long-term residence are listed in § 55 of the Foreigners’ Residence Act and the reasons for the cancellation of long-term residence are listed in § 56 of the Foreigners’ Residence Act. Failure to submit or possess a valid passport is not among these reasons.

The Foreign Police Department in Bratislava informed us by phone that every foreigner is obliged to present a valid passport during every check. If a foreigner does not have a valid passport, a financial fine will be imposed. The residence will be maintained even after the passport expires. If you have a problem with the issuance of a new travel document at the diplomatic mission, they recommend contacting the Ministry of Foreign Affairs and asking for help.

Foreigner’s Passport: pursuant to § 74 par. 1 of the Foreigners’ Residence Act: “A foreigner’s passport entitling a foreigner to travel outside the Slovak Republic and to return to the Slovak Republic shall be issued by the police department to:

1. a) a foreigner who has been granted supplementary protection and does not have their own valid travel document,
2. b) a third-country national who has been granted long-term residence under § 52 par. 1 letter a) based on supplementary protection and does not have their own valid travel document, or
3. c) a third-country national who has been granted permanent residence under § 45a par. 1 letter b) to e) or § 46 par. 2 and does not have their own valid travel document.”

If you have been granted long-term residence based on supplementary protection and you do not have a valid travel document, you will be able to apply for a foreigner’s passport.

Supplementary Protection: pursuant to § 13a of Act No. 480/2002 on Asylum: “The Ministry shall grant supplementary protection to an applicant if there are serious reasons to believe that they would be exposed to a real threat of serious harm upon return to the country of origin, unless this Act provides otherwise.” This Act does not exclude the granting of supplementary protection during long-term residence. Pursuant to § 27a of this Act: “A foreigner who has been granted supplementary protection is considered a foreigner who has been granted temporary residence; this does not apply if they have been granted permanent residence in the territory of the Slovak Republic.” A person with supplementary protection can apply for a foreigner’s passport, as we state above. This information was confirmed to us by IOM by phone.

Slovak Citizenship: pursuant to § 7 par. 2 letter g) of Act No. 40/1993 on State Citizenship: “A person who has been granted residence in the territory of the Slovak Republic may be granted state citizenship of the Slovak Republic without fulfilling the condition stated in paragraph 1 letter a), unless this Act provides otherwise, if they have continuously resided in the territory of the Slovak Republic for at least ten years and have already been granted a permanent residence permit at the time of submitting the application for the granting of state citizenship of the Slovak Republic.”

The Ministry of Interior confirmed to us by phone that the applicant is obliged to fulfill the obligations under the Foreigners’ Residence Act during the citizenship granting process. One of these obligations is to have a valid passport. Failure to comply with these obligations may lead to a reason for not granting state citizenship. Therefore, the possibility of applying for the granting of state citizenship comes into consideration, but the Ministry has a decision-making period of 2 years from the date of delivery of the application, and this period may be extended in justified cases. Therefore, it is not guaranteed that they will manage to decide on the granting of state citizenship while you have a valid passport.