Family member
Under Act No. 404/2011 Coll. on the Residence of Aliens, a family member of an EU citizen is defined quite broadly. This may include:
- a spouse
- a child under the age of 21, a dependent child, and such children of their spouse
- a dependent direct relative in the ascending or descending line, and such a person of their spouse
- any other family member not covered by the previous points who is a dependent person in the country from which they come
- any other family member not covered by the previous points who is a member of the EU citizen’s household
- any other family member not covered by the previous points who, due to serious health reasons, is strictly dependent on the care of the EU citizen
- a partner with whom the EU citizen has a durable, duly attested relationship
- a third-country national with a right of residence in the same Member State in which the EU citizen has a right of residence, provided that the EU citizen is a citizen of the Slovak Republic with whom the third-country national returns to reside or joins for residence back in the territory of the Slovak Republic, and who meets any of the conditions specified in the previous points in relation to the Slovak citizen
In relation to such family members, the EU citizen is considered a sponsor.
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Residence for a period of up to three (3) months
Pursuant to Section 69 of the Act on the Residence of Aliens, family members of EU citizens may reside in the territory of the Slovak Republic for three months from entry, provided that they accompany or join their family member who is an EU citizen. This is conditional upon the submission of a valid passport or any other document that reliably proves their identity and their family relationship to the EU citizen.
A family member of an EU citizen is obliged to report the commencement of their residence to the competent Foreign Police department within 10 working days from the date of entry into the territory of the Slovak Republic.
Residence for a period exceeding three (3) months
If the EU citizen who acts as a sponsor meets the conditions to reside in the territory of the Slovak Republic for a period exceeding three months, their family member shall also acquire the right of residence in the territory of the Slovak Republic for a period exceeding three months.
In such a case, the family member of the EU citizen is obliged to submit an application for the issuance of a residence card to the competent Foreign Police department within 30 days from the expiry of the three-month period from the date of entry into the territory of the Slovak Republic.
If the conditions are met, the family member of the EU citizen shall be issued a document titled “Residence Card of a Family Member of a Union Citizen” within 30 days, valid for 5 years, or for the period of the sponsor’s expected residence if this period is shorter than 5 years.
Section 70 of the Act on the Residence of Aliens
(11) Upon application, the police department shall, within 30 days, issue to a family member of a Union citizen a residence card titled “Residence Card of a Family Member of a Union Citizen” valid for five years or for the period of the sponsor’s expected residence if this period is shorter than five years. Along with the application for the issuance of the residence card, the family member of a Union citizen shall submit:
a) a valid travel document,
b) a document attesting to the existence of a family relationship with the sponsor,
c) a confirmation of the registration of the sponsor’s residence,
d) if it concerns a family member of a Union citizen pursuant to Section 2, Paragraph 5, Letter b) or Letter c), documents proving this fact,
e) if it concerns a family member of a Union citizen pursuant to Section 2, Paragraph 5, Letter d), a reliable document proving that they are a dependent of the sponsor,
f) if it concerns a family member of a Union citizen pursuant to Section 2, Paragraph 5, Letter e), a reliable document proving that they are a member of the sponsor’s household,
g) if it concerns a family member of a Union citizen pursuant to Section 2, Paragraph 5, Letter f), a reliable document proving that they are strictly dependent on the sponsor’s care due to serious health reasons,
h) if it concerns a family member of a Union citizen pursuant to Section 2, Paragraph 5, Letter g), a reliable document proving the existence of a durable, duly attested relationship with the sponsor,
i) if it concerns a family member of a Union citizen pursuant to Section 2, Paragraph 5, Letter h), a residence permit of a family member of a Union citizen issued in their name by a Member State.
A residence card of a family member of an EU citizen shall expire if the family member is absent from the territory of the Slovak Republic for a period exceeding 6 months. Exceptions apply to the following situations:
- the family member of the EU citizen is absent from the territory of the Slovak Republic due to compulsory military service in their country,
- or their absence from the territory of the Slovak Republic does not exceed 12 consecutive months for reasons related to pregnancy, childbirth, serious illness, study, vocational training, a posting abroad, or other serious reasons.
Residence of a family member of a Union citizen
A family member of an EU citizen (excluding a family member of a Slovak citizen) shall report their entry into the territory of the Slovak Republic within 10 working days from the date of entry. Similarly to EU citizens, a family member may submit an application for the issuance of a residence card within 30 days from the expiry of the three-month period from the date of entry into the territory of the Slovak Republic.
The application must be accompanied by a valid travel document, 2 photographs, a proof of accommodation, and the following attachments:
- a document attesting to the existence of a family relationship with the EU citizen – the sponsor
- a confirmation of the registration of the EU citizen’s – the sponsor’s – residence
- other documents proving the facts specified in the definition of a family member of a Union citizen
Permanent residence
Pursuant to Section 71 of the Act on the Residence of Aliens, a family member of an EU citizen shall acquire the right of permanent residence if they:
- reside in the territory of the Slovak Republic with the sponsor continuously for 5 years,
- reside in the territory of the Slovak Republic with the sponsor continuously for less than 5 years, provided that the sponsor has the right of permanent residence pursuant to Section 67, Paragraph 2 of this Act,
- reside in the territory of the Slovak Republic continuously for 5 years and their right of residence is retained in the event that they had resided in the territory of the Slovak Republic for at least one year prior to the death of the sponsor, or
- reside in the territory of the Slovak Republic continuously for 5 years and their right of residence is retained in the event that their marriage to the sponsor was divorced, and they are employed, studying, or possess sufficient resources for themselves and their family members so as not to become a burden on the material distress assistance system in the territory of the Slovak Republic.
The Foreign Police department shall issue a “Residence Card of a Family Member of a Union Citizen” to the family member of an EU citizen with a validity of 10 years, upon the expiry of which it shall issue a new residence card. When submitting the application for the issuance of this residence card for the first time, it is required to prove the duration of continuous residence.
Such a residence card of a family member of an EU citizen shall expire in the event of their absence from the territory of the Slovak Republic for a period exceeding two consecutive years.
Medical examination of foreigners for the Foreign Police / Medical report for foreigners
Medical examination of foreigners in Zlaté Moravce – The medical examination of a foreigner required for a residence permit for the Foreign Police in Zlaté Moravce is provided by the AGEL Zlaté Moravce Hospital, Bernolákova 4, Pavilion No. 4, 2nd floor. The medical examination for foreigners can be taken without an appointment every Tuesday and Wednesday.
Medical examination of foreigners in Bratislava and 12 other cities is provided by Medical control s.r.o.
Tel.: 0948 350 123
AKMV