AKMV 
Who may be granted a tolerated stay?
Act No. 404/2011 Coll. on the Residence of Foreigners states that this type of residence may be granted to a foreign national:
- a) who is a minor found on the territory of the Slovak Republic,
- b) if it is required in order to respect their private and family life and does not endanger state security or public order;
In the case of a third-country national under § 27(1) (e.g. for the purpose of family reunification) and § 43(1)(a) to (d) (e.g. 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), tolerated stay may only be granted if the person does not possess a valid travel document and can credibly prove their identity by other means.
In such a case, the foreign national must submit documents along with the application for tolerated stay that prove the circumstances justifying the granting of this type of residence.
- c) who is a victim of human trafficking and is at least 18 years of age;
In such cases, the police department or a person authorized by the Ministry of the Interior shall inform the third-country national about the possibility and conditions of being granted tolerated stay for this reason, as well as about the rights and obligations arising from it.
- d) if this results from international obligations of the Slovak Republic.
- A special case applies when the police department, based on a request from a law enforcement authority, grants tolerated stay to a third-country national who was illegally employed under particularly exploitative working conditions, or to a minor who was illegally employed, if the presence of the third-country national on the territory of the Slovak Republic is necessary for the purposes of criminal proceedings.
§58(2) of the Act on the Residence of Foreigners: “The police department may, based on a request from a law enforcement authority, grant tolerated stay to a third-country national who was illegally employed under particularly exploitative working conditions, or to a minor who was illegally employed, if the presence of that third-country national in the territory of the Slovak Republic is necessary for the purposes of criminal proceedings.
Tolerated stay shall be granted by the police department for a period of 180 days.
The police department may extend the tolerated stay by 180 days, repeatedly if necessary, until the final conclusion of the criminal proceedings or until the third-country national has received payment of the outstanding remuneration for the work performed.
The law enforcement authority or a person authorized by the Ministry of the Interior shall inform the third-country national of the possibility and conditions of being granted tolerated stay for this reason and of the rights and obligations arising therefrom.”
For how long is tolerated stay granted?
According to §59 of the Act on the Residence of Foreigners, tolerated stay may be granted for a maximum period of 180 days.
The police department shall grant tolerated stay to a foreign national who is a victim of human trafficking for at least 180 days, and this may be repeatedly extended, provided that the presence of the third-country national in the territory of the Slovak Republic is necessary for the purposes of criminal proceedings. However, the police department shall not grant tolerated stay if it is proven that the applicant has failed to sever or has voluntarily re-established contact with persons suspected of committing a criminal offence related to human trafficking.
If the reasons for the tolerated stay persist, the police department may repeatedly extend it.
Where is an application for tolerated stay submitted?
An application for the granting of tolerated stay must be submitted in person on an official form at the police department.
A special case arises when the applicant is a victim of human trafficking or the mentioned case of a person illegally employed; in such cases, the application is submitted by the law enforcement authority on behalf of the third-country national.
§ 59(1) of the Act on the Residence of Foreigners:
“For a third-country national who, due to incapacity, is unable to submit an application for granting or extending tolerated stay personally, the application may be submitted by a family member of the third-country national or by a person authorized by them, provided that the third-country national does not have a family member in the territory of the Slovak Republic.
For an unaccompanied minor placed in a social and legal protection facility for children and social guardianship who does not have a legal guardian appointed, the application may be submitted by the authority for social and legal protection of children and social guardianship.”
Time limit for issuing a decision
The police department shall decide on the application for granting tolerated stay or for extending tolerated stay within 15 days from the date of submission of the application to the police department.
When is an application not accepted or rejected?
The police department shall not accept an application for granting tolerated stay if the third-country national is undergoing asylum proceedings under a special regulation.
The application shall be rejected (except for foreigners referred to in points a) and c) above) if:
- a) the third-country national provides false or misleading information, or submits forged or altered documents, or documents belonging to another person,
- b) the conditions for granting tolerated stay are not met,
- c) the third-country national is an undesirable person,
- d) the applicant fails to submit a document proving the need to respect their private and family life and a certificate of good conduct not older than 90 days.
Additional information about tolerated stay
During the validity of tolerated stay, a third-country national is not allowed to engage in business activities.
A third-country national who has applied for the granting or extension of tolerated stay is entitled to remain in the territory of the Slovak Republic until a decision on this application is made.
Cancellation of tolerated stay
The police department shall revoke tolerated stay if:
a) it finds that the reason for which tolerated stay was granted has ceased to exist,
c) it discovers facts which are grounds for rejection of the application under §59(12), or
d) it concerns a third-country national under §58(1)(c) who has voluntarily re-established contact with persons suspected of committing a criminal offence related to human trafficking, who pretends to cooperate with law enforcement authorities, or who has ceased to cooperate with law enforcement authorities.
(2) The provision of paragraph 1(c) shall not apply if the third-country national has tolerated stay granted under §58(1)(c).
