AKMV 
- Period of provision of accommodation
- What may serve as a document proving the provision of accommodation to a foreign national
- Requirements of a property owner’s statutory declaration
- Joint accommodation with a family member
- Floor area of the real estate property for the purposes of foreigner accommodation
- Medical examination of foreign nationals following the grant of residence for the alien police / medical opinion for foreign nationals
Period of provision of accommodation
In the case of submitting an application for a temporary residence permit, it applies that the document proving the provision of accommodation must demonstrate that the third-country national has secured accommodation for at least six months of the temporary residence. However, this does not imply that it is sufficient to attach, for example, a lease agreement for a duration of 6 months to the temporary residence application. To this period, it is necessary to add the time during which the application will be adjudicated. Standard change, the statutory period for deciding on a temporary residence permit of a foreign national is 90 days; however, this period may be extended in cases provided for by law. Therefore, we recommend that the document proving the provision of accommodation be issued for at least one year.
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What may serve as a document proving the provision of accommodation to a foreign national
Section 122 of the Act on the Residence of Aliens defines a document proving the provision of accommodation, stating that such a document may comprise:
- a statutory declaration of the property owner (in the case of multiple owners, a statutory declaration of all co-owners) on the provision of accommodation, bearing their officially authenticated signatures;
- a lease agreement bearing officially authenticated signatures of both the owner(s) as the lessor(s) and the foreign national as the lessee;
- a sublease agreement – in the case of a sublease agreement, the underlying lease agreement is routinely required to certify the lessee’s authority to grant consent to the sublessee;
- a confirmation of the accommodation facility on the provision of accommodation (we recommend verifying in advance whether the consent of a specific accommodation facility will be accepted, as the operators of these facilities are frequently not the owners thereof) – in practice, an authenticated signature of the accommodation provider has not been required herein, provided that the consent was issued on letterhead paper bearing the official stamp of the accommodation facility.
With effect from May 2018, it is no longer required to submit a title deed (extract from the property register) upon which the real property where the foreign national is to be accommodated is registered.
In the case of a confirmation issued by an accommodation facility, we have encountered instances where the police department refused to accept the document proving the provision of accommodation upon establishing that the number of persons with a granted residence permit registered at the accommodation facility exceeded its capacity. This was followed by evidentiary proceedings on the part of the accommodation facility to prove that the capacity of their facility had not been exceeded. The aforementioned issue arises primarily in cases where accommodation facilities fail to maintain proper records regarding both the issuance of confirmations and the residence permits granted.
Requirements of a property owner’s statutory declaration
In our opinion, a property owner’s statutory declaration should contain the following:
- the identity details of the property owner(s);
- the specification of the real property, preferably in accordance with the title deed (extract from the property register);
- the identity details of the foreign national to whom the accommodation is being provided, stating at least their first name, surname, passport number, and nationality;
- the identities of any persons with whom the foreign national will be accommodated in the property, in the event that family reunification is also being applied for;
- the period for which the accommodation is provided.
In practice, we have also encountered instances where a document proving accommodation was not accepted if it concerned non-residential premises or an apartment (suite), as the title deed explicitly had to designate the property as a residential flat (dwelling). Likewise, accommodation in a house that had not yet received an occupancy permit (final building approval) was also refused.
Joint accommodation with a family member
It is also important to note that if a temporary residence permit is applied for for the purpose of family reunification, it is necessary to submit a document proving joint accommodation. This does not merely imply a document demonstrating accommodation at the same address; rather, in the case of hotels and accommodation facilities, we have encountered in practice that the accommodation provider was required to explicitly state that these persons will be accommodated in the same room. This must be demonstrated both in the case of an application for a temporary residence permit for the purpose of family reunification, as well as in the case of a national pursuant to Section 30(1)(e) of the Act on the Residence of Aliens.
Floor area of the real estate property for the purposes of foreigner accommodation
With respect to the floor area, the Act on the Residence of Foreigners requires that the provided accommodation complies with the minimum requirements pursuant to a special regulation, namely Section 8(1) of the Decree of the Ministry of Health of the Slovak Republic No. 259/2008 Coll. on Details of Requirements for the Indoor Environment of Buildings and on Minimum Requirements for Low-Standard Apartments and Accommodation Facilities. This provision requires that the living area of a low-standard apartment be at least 12 m2 per user and 6 m2 for each additional person cohabiting with them in the household. The usable area of a low-standard apartment must be at least 15 m2.
Medical examination of foreign nationals following the grant of residence for the alien police / medical opinion for foreign nationals
Medical examination of foreign nationals in Zlaté Moravce, Bratislava, and Košice, available without prior appointment.
Medical examination of foreign nationals in Bratislava and 12 other locations is provided by Medical control s.r.o.
Tel.: +421 948 350 123
