Temporary residence of a foreigner

The most important law that regulates the stay of foreigners in the Slovak Republic is Act no. 404/2011 Coll. on the stay of foreigners and on the amendment of certain laws as amended. For the purposes of the law, a foreigner is defined as anyone who is not a citizen of the Slovak Republic. A third-country citizen is anyone who is not a citizen of the Slovak Republic or an EU citizen and is also a person without nationality. The accession of Slovakia to the EU created a special legal regime for the citizens of the European Union and their family members. These people only need a valid travel document, or ID card or identification card to enter our country. The foreigners must also meet other conditions in order to enter the territory of our country. As a foreigner, you have the opportunity to apply for one of the three types of residence – temporary residence, permanent residence and tolerated residence.

If you are interested in obtaining residence for a foreign national in Slovakia, please do not hesitate to contact us at recepcia@akmv.sk.

How to obtain a temporary residence permit?

A temporary residence permit may be obtained only for purposes stipulated by law, such as employment, business, studies, or family reunification.

The temporary residence permit entitles a foreign national to reside in the territory of the Slovak Republic and to travel abroad and return to the territory of the Slovak Republic during the period for which the permit was granted by the police department.

Temporary residence is tied to a single purpose. If a foreign national wishes to engage in an activity other than that for which the temporary residence was granted, he or she must submit a new application for the granting of temporary residence.

Where to Submit an Application for the Granting of Temporary Residence?

The application for a temporary residence permit must be submitted by the foreign national in person, depending on the purpose for which it is requested:

  • v zahraničí, na zastupiteľskom úrade SR v štáte, ktorý mu vydal cestovný doklad,
  • na zastupiteľskom úrade v ktorom má bydlisko, alebo
  • na oddelení cudzineckej polície.

Submission of an Application for Residence in Slovakia

The amendment clarified when it is possible to submit an application for residence in Slovakia and when it is not.

“(3) Unless otherwise provided in paragraph 6, a third-country national may also submit an application for the granting of temporary residence in person at the police department if:

  • a) he/she resides in the territory of the Slovak Republic on the basis of
    • a valid residence permit under a special regulation,
    • granted tolerated residence under § 58 para. 1 letters a) to c) or para. 2,
    • granted a Schengen visa for the purpose of seasonal employment and applies for the granting of temporary residence under § 23 para. 4,
    • granted a national visa under § 15,
  • b) he/she is a third-country national who does not require a visa,
  • c) he/she is a third-country national who has been granted temporary refuge in the territory of the Slovak Republic, or
  • d) he/she is a holder of a certificate of a Slovak living abroad.

(4) The police department shall issue the applicant, on the day of submission of the application for the granting of temporary residence under paragraph 3, confirmation of its receipt. The third-country national is entitled to reside in the territory of the Slovak Republic until a decision on this application is made, provided that a complete application for the granting of temporary residence has been submitted.

(6) A third-country national may not submit an application for the granting of temporary residence in person at the police department under paragraph 3 if:

  • a) he/she applies for the granting of temporary residence under § 22 (for the purpose of business),
  • b) he/she applies for the granting of temporary residence under § 23 para. 5 (intra-corporate transfer), or
  • c) he/she has been granted a national visa under § 15 para. 1 letter b) and applies for the granting of temporary residence for a purpose other than that declared when the national visa was granted, unless it is an application for the granting of temporary residence under §§ 24 to 26.”

“In justified cases, the Ministry of the Interior may designate a police department other than the one referred to in the first sentence as competent to accept an application for registration of residence under § 66, an application for the issuance of a document under § 66 para. 11, § 67 para. 7, § 70 para. 11 and § 71 para. 7, an application for the granting of residence, or for proceedings on the granting of residence.”

Change of Purpose of Residence – Who May Apply in Slovakia

The amendment also specifies who may not submit an application for a change of the purpose of residence in Slovakia.

“(7) A third-country national who has been granted temporary residence may not submit an application for a change of the purpose of residence at the police department:

  • a) for less than two years and wishes to apply for the granting of temporary residence under § 22 (note: for the purpose of business),
  • b) under § 23 para. 4 (note: for the purpose of seasonal employment),
  • c) under § 24 para. 1 letter a) (note: for the purpose of studies, being a pupil in full-time secondary school education); this does not apply if the third-country national has successfully passed a final examination or school-leaving examination as part of studies at a secondary school in the Slovak Republic,
  • d) under § 24 para. 1 letter b) (note: for the purpose of studies, being a university student); this does not apply if the third-country national has duly completed secondary school studies in the Slovak Republic or obtained a first-, second-, or third-level university degree, or
  • e) under § 24 para. 1 letter c) (note: participating in language or vocational preparation for university studies).

The foreign national shall attach to the application documents proving the purpose of residence, good conduct, financial security of residence, accommodation, and, where applicable, other documents necessary for the decision on the application. These documents must not be older than 3 months. Foreign documents must also bear an apostille or superlegalisation. The police department shall decide on the application within 90 days (with certain exceptions).

See also:

  • Temporary Residence for the Purpose of Family Reunification
  • Temporary Residence of a Foreigner with Long-Term Residence in Another EU Member State
  • Temporary Residence for the Purpose of Special Activity – for Athletes, Coaches
  • Temporary Residence for a Foreigner – Requirements for Accommodation
  • Employment of Foreign Nationals from the European Union
  • Employment of Foreign Nationals from Third Countries

Notice

It must be emphasised that temporary residence is tied to a single purpose. This means that a foreign national who has temporary residence for the purpose of employment cannot engage in business, and vice versa.

The purpose of temporary residence is carried out by the third-country national in the territory of the Slovak Republic.

Submission of an Application for Residence at Any Alien Police Department

When submitting applications for the granting of temporary residence, applications for the granting of permanent residence for five years, applications for the granting of tolerated residence, and applications for the granting of a national visa, it is possible to make an appointment at any Alien Police Department and you are not bound to the department competent according to your place of accommodation (provided, of course, that submission in Slovakia is permitted by law).

Attention! The above does not apply to citizens of the European Economic Area.

This also does not apply to the renewal of temporary residence, submission of an application for the granting of permanent residence for an unlimited period, submission of an application for the granting of long-term residence, submission of an application for a change of the purpose or type of residence, and submission of an application for the verification of an invitation. The change also does not apply to the submission of an application for the production of residence documents.

General Rules of the Reservation System of the Ministry of the Interior of the Slovak Republic

“One (1) specific person may create a maximum of two (2) reservations for one (1) agenda within fifteen (15) calendar days. The citizen is informed of exceeding the number of reservations during the reservation process.

At the end of the process, the reservation is automatically checked, and if the above criteria are not met, the reservation is automatically cancelled. If the operator finds that the rules of reservation are repeatedly violated by a specific person, the operator reserves the right to block that person from making any reservations with the operator for a limited period of time. For the purposes of the reservation system, a specific person is understood as the data concerning first name, surname, telephone number, email address, or their mutual combination.

A person who did not use his or her reservation and failed to cancel it in time, at least 12 hours before the reserved time, shall also be blocked from making any reservations with the operator for a limited period of time. This restriction of reservations does not create any obligations for the operator towards the citizens.” (source: minv.sk)

How can I cancel an appointment reserved at the Alien Police Department?

After making the reservation, you received an email containing the following text: “If you cannot attend the appointment, please cancel the reservation by clicking on the following link: Go to cancel the reservation.” You must click on the provided link, and the reservation will be cancelled.

How to Obtain an Appointment at the Alien Police Department

Given the ongoing issues with the unavailability of appointments in the online booking system of the Ministry of the Interior of the Slovak Republic, we recommend the following practical steps:

  • Try booking in the evening or at night – new appointments are often made available outside standard working hours.
  • Contact the provider of the booking system (the contact email is listed on the Ministry of the Interior’s website in the section concerning reservations) and:

    • report the problem with unavailable appointments,

    • at the same time, you may request an exception and manual allocation of an appointment, especially if the residence permit is about to expire or in another urgent situation.

  • Check on the Ministry of the Interior’s website whether it is possible in your case to submit the application at a different Alien Police Department – this option exists only for certain types of residence.

  • Monitor official announcements and press releases of the Ministry of the Interior, where exceptional dates may be published when it is possible to submit an application without a prior appointment.

  • In some specific cases, it is also possible to submit the application electronically via the portal www.slovensko.sk.

Criminal Record Extract from Mexico – How to Obtain It for the Purpose of Residence in Slovakia

“The Criminal Record Extract from Mexico at the federal level must be requested from the Secretaría de Seguridad y Protección Ciudadana (the Ministry of Security and Citizen Protection of Mexico). Therefore, the application for a Mexican Criminal Record Extract valid throughout the entire territory of Mexico must be addressed to:

  • Secretaria de Seguridad y Protección Ciudadana
  • Órgano Administrativo Desconcentrado
  • Prevención y Readaptación Social
  • Cto. interior Melchor Ocampo 171
  • Colonia Tlaxpana
  • Alcaldía Miguel Hidalgo
  • 11370 Ciudad de México

In order to obtain the Mexican Criminal Record Extract at the federal level, it is necessary to arrange a personal appointment online with this Mexican ministry. The extract is issued only in the capital, Mexico City.

As far as I am aware, it is currently also possible to apply for the Mexican Criminal Record Extract through the Mexican Embassy in Vienna. However, the process is quite complicated and, above all, it takes a considerable amount of time. In practice, it is always necessary, through the Mexican Embassy, to authorise someone in Mexico to handle the application in person and then also have it apostilled.” (source: Embajada de la República Eslovaca)

Electronic Apostille from Colombia and Other States

As part of the attachments to the application for the granting of temporary residence, it is necessary to submit several documents specified in the Act on the Residence of Foreigners, such as a criminal record extract. As mentioned above, foreign documents must bear an apostille or superlegalisation. However, Colombia, based on the implementation of the e-APP programme (together with other states listed at this link), issues only electronic apostilles and does not issue originals in paper form.

For the application to be complete, according to the information of the Slovak authorities, it is sufficient if this electronic apostille is printed and attached to the relevant application attachment. The authority assessing the application will then verify its authenticity on the official website of the Ministry of Foreign Affairs of Colombia. On this website, the date of issue of the apostille is entered together with the apostille number indicated on the apostille, whereby the assessing authority verifies the apostille.

Residence permit and VISA during crisis situation

“In April 2020, the Slovak parliament has approved an amendment to the Act No. 404/2011 Coll. on Residence of Foreigners, which is dealing with issues emerging in connection with the spread of the COVID-19 disease. The Ministry of Foreign and European Affairs of the Slovak Republic informed Austrian Embassy in Bratislava about the law change by note verbal no. 046672/2020-VIZA-2 dated 09/04/2020. According to this note verbal, the Act No. 73/2020 Coll. amending the Act No. 404/2011 Coll. on Residence of Foreigners effective from 9th April 2020 stipulates, among others, the following transitional provisions:

  1. The temporary residence, permanent residence or tolerated stay, validity of which would have expired during the crisis situation, or validity of which would expire within one month after the revocation of the crisis situation, shall be deemed valid for the following two months after the date of revocation of the crisis situation.
  2. A non-EU-citizen who legally entered the territory of the Slovak Republic on the basis of a valid Schengen or national visa or within the frame of visa-free regime, is entitled to stay in the Slovak Republic until one month after the revocation of the crisis situation.
    According to Act No. 387/2002 Coll. on state management in crisis situations outside the time of war and martial law, a crisis situation is defined as a period, during which the security of the state is immediately endangered or disturbed and the constitutional authorities may declare:
    • a state of extreme emergency,
    • a state of emergency,
    • an extraordinary situation.
  3. Thus, in accordance with the Slovak legislation, as a crisis situation is considered a state of extreme emergency, a state of emergency, and an extraordinary situation. The extraordinary situation was declared on the territory of the Slovak Republic on 11th March 2020 which is since then uninterruptedly in place. Subsequently, the state of emergency was declared between the 16th March 2020 – 13th June 2020 , 1 st October 2020 – 14th May 2021, and 25th November 2021 – 22nd February 2022. The extraordinary situation (crisis situation) declared on 11 March 2020 is still in force.
  4. This means that, under Slovak law, the crisis situation in the Slovak Republic continues uninterruptedly from 11th March 2020 until the present day. A person, who entered Slovakia legally during this time without having a granted residence in Slovakia, is authorized to stay legally in Slovakia until one month after the revocation of a crisis situation.” (MIC)

Examination of foreigners for Foreign Police / medical report for foreigners

Examinations for foreign nationals in Bratislava – a medical examination for foreigners may be completed without an appointment every working day from 7:00 a.m. to 11:00 a.m. at Agel Clinic, Ružinovská 10, Bratislava. Price: EUR 150 for adults, EUR 140 for students.

Examinations for foreign nationals in Zlaté Moravce and Košice are also available without an appointment.

Tel.: +421 948 350 123

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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