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.
How to obtain a temporary residence permit?
A temporary residence permit can be obtained only on the basis of statutory purposes, which are e.g. employment, entrepreneurship, study, family reunification.
A temporary residence permit entitles a foreigner to stay in the territory of the Slovak Republic and on trips abroad and back to the territory of the Slovak Republic at the time for which the police department granted him a temporary residence permit. Temporary residence is tied to one purpose. If a foreigner wants to perform an activity other than the one for which they were granted the temporary residence, they must submit a new application for the temporary residence. An application for a temporary residence permit is submitted by a foreigner in person abroad, at the representative office of the Slovak Republic in the country that issued the travel document or in which they reside. The foreigner shall attach to the application documents confirming the purpose of the stay, integrity, financial security of the stay, health insurance in the territory of the Slovak Republic, provision of accommodation, or other documents necessary for the decision on the application.
These documents must not be older than 3 months. The police department will decide on the application within 90 days.
The permanent residence permit entitles the foreigner to stay in the territory of the Slovak Republic and for trips abroad and back to the territory of the Slovak Republic at the time for which the police department granted him a permanent residence permit.
A permanent residence permit can be granted to a foreigner who is a spouse or a minor child of a citizen of the Slovak Republic with permanent residence in the territory of the Slovak Republic; who is a minor child entrusted to the education of a foreigner who is the spouse of a citizen of the Slovak Republic with permanent residence in the territory of the Slovak Republic; who has been the spouse of a foreigner with a permanent residence permit for at least three years or a minor child of a foreigner with a permanent residence permit of at least three years; whose previous continuous temporary residence for the purpose of business or employment lasts for more than ten years, or who is the spouse or minor child of such a foreigner; or if it is in the foreign policy interest of the Slovak Republic. The first permit is granted upon request to the police for a period of 5 years. The police department shall decide on the application within 90 days of its delivery. In particularly difficult cases within 180 days. Additional permission can be granted indefinitely. The foreigner submits an application for a further permit in person on an official form at the police department no later than 60 days before the expiry of the first permit. Under the conditions stipulated by law, the police department may revoke the permit or the permit will expire by law. A police unit shall grant a tolerated stay to a foreigner if there is an obstacle to their administrative expulsion; if they have been granted temporary asylum; or if their departure is not possible and there is no reason to detain them.
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:
- 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.
- 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.
- 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.
- 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
Examination of foreigners in Zlaté Moravce – Examination of a foreigner for a stay for the Foreign Police in Zlaté Moravce is provided by Nemocnica AGEL Zlaté Moravce, Bernolákova 4, Pavilon 4, 2. floor, a medical examination for foreigners can be completed without ordering.
Examination of foreigners in Bratislava and 12 other places is provided by Medical control s.r.o.