Residence for the Mother / Father if the Child is a Slovak Citizen

We often encounter in practice the incorrect opinion that if a third-country national has a child who is a Slovak citizen, they do not have the right to reside in Slovakia. However, a child acquires Slovak citizenship automatically at birth if either the father or the mother is of Slovak nationality.

It is possible to apply for permanent residence for five years for a parent of such a child pursuant to Section 43(1)(a), second part of the sentence, of Act No. 404/2011 Coll. on the Residence of Foreigners, which provides: “The police department shall grant permanent residence for five years, provided there are no grounds for rejecting the application under Section 48(2), to a third-country national who is the spouse of a Slovak citizen with permanent residence in the territory of the Slovak Republic, or a dependent direct relative of a Slovak citizen with permanent residence in the territory of the Slovak Republic.”

The condition is to prove dependence between direct relatives (parent – child) of a Slovak citizen with permanent residence in the territory of the Slovak Republic.

Direct kinship is demonstrated by a civil status document (birth certificate) in which the applicant is listed as the parent of the child. In addition to proving the family relationship, it is also necessary to prove dependence, whether emotional, financial, material, or otherwise.

The birth certificate proves the direct kinship; however, dependence must also be demonstrated. This is not defined by law and may be emotional, financial, or material dependence, which can be evidenced, for example, by a statement from the other parent about their relationship, payment of the child’s living expenses, photographs, communication records, and similar evidence.

The child must have a Slovak birth certificate and must also have a registered permanent residence in the territory of the Slovak Republic. Both the birth certificate (certified copy of the Slovak birth certificate) and an official document confirming the child’s permanent residence in Slovakia (from the local residence registry office) must be attached to the application for permanent residence.

An addition to the documents mentioned above, the following must be submitted with the application for permanent residence:

If the foreign national also applies for a D visa, the following additional documents must be submitted:

The diplomatic mission has 30 days to process the application for the granting of a national visa for the purpose of submitting an application for permanent or temporary residence at the Department of the Foreigners Police of the Police Force in the Slovak Republic (OCP). In the event that the national visa is granted, all supporting documents must remain valid on the anticipated date of submission of the residence application to the Foreigners Police Department in Slovakia.

Public documents issued abroad must be authenticated either by apostille or by superlegalisation and must also be officially translated into the Slovak language by a certified translator listed in the official register.

Medical examination of foreigners in Zlaté Moravce – The medical examination required for residence purposes by the Foreigners Police in Zlaté Moravce is provided by AGEL Hospital Zlaté Moravce, Bernolákova 4, Pavilion 4, 2nd floor. The medical check-up for foreigners can be completed without prior appointment.

Medical examinations of foreigners in Bratislava and 12 other cities are provided by Medical Control s.r.o.

Tel.: +421 948 350 123