Residence of foreigners on the territory of the Slovak Republic

The Act no. 404/2011 Coll. on Residence of Foreigners provides three types of residence, specifically a temporary residence, a permanent residence and a tolerated residence. The foreigner has to submit an application in order to obtain it.

Temporary residence

A temporary residence permit authorizes a third-country national to reside, travel and re-enter the territory of the Slovak Republic when it was awarded by the Police DepartmentA temporary residence permit is binding for one purpose only. If a third country national intends to engage in activities other than those for which they have been granted a temporary residence permit, they must submit a new application for temporary residence, unless the Act on the Residence of Foreigners provides otherwise. A third country national who has been granted a temporary residence permit may study during the temporary residence.

A Police Department may grant a temporary residence permit to a third country national for the following purpose:

• the purpose of business,
• the purpose of employment,
• the purpose of study,
• the purpose of a specific activity,
• the purpose of research and development,
• the purpose of family reunification,
• the purpose of fulfilling the duties of the civilian components of the armed forces,
• who has conferred the status of a Slovak living abroad,
• who has been granted long-term resident status in another EU Member State.

A temporary residence permit is also the residence on the basis of the EU Blue Card issued in accordance with the Act on Residence of Foreigners. The purpose of the temporary residence is performed by a third country national on the territory of the Slovak Republic.

Permanent residence

Permanent residence authorizes a third country national to reside, travel and re-enter the territory of the Slovak Republic when it was awarded by the Police Department, unless the Act on Residence of Foreigners provides otherwise.

Permanent residence is

• permanent residence for five years,
• permanent residence for an unlimited time,
• residence of third country nationals with granted long-term resident status of the European Union.

Tolerated residence

Tolerated residence permit is granted to a third country national, if there are not grounds for refusal pursuant to the provisions of the Act on Residence of Foreigners:

• if there is an obstacle to administrative expulsion according to the provisions of the Act on Residence of Foreigners
• if the travel is not possible, and their detention is not advisable,
• they are a minor found in the territory of the Slovak Republic,
• if the respect of their private and family life requires so and this does not threaten the security of the State or public order under the conditions laid down by the Act on Residence of Foreigners,
• who is a victim of trafficking in human beings, if they are at least 18 years old; the Police Department or a person authorized by the Ministry of Interior shall inform the third-country national with the possibilities and conditions for granting of a tolerated residence for this reason and on the rights and obligations arising from it.

Tolerated residence permit is deemed to be a period of time during:

• provision of institutional care,
• duration of quarantine measures,
• assessment of application for granting of a tolerated residence, the execution or a period of enforcement of a sentence involving deprivation of liberty; this does not apply, if a third country national resides legally in the territory of the Slovak Republic,
• not more than 90 days, during which a third country national, who is a victim of trafficking in human beings and is at least 18 years old, shall decide whether they will cooperate with law enforcement authorities in investigating crime related to trafficking in human beings; at the request of a person authorized by the Ministry of the Interior this period can be extended by 30 days.

The Police Department, at the request of a third country national, shall grant or extend the residence permit for the duration of the reasons for its granting, for the maximum period of 180 days under the conditions laid down by the Act on Residence of Foreigners. The Police Department may extend the tolerated stay repeatedly. In this case the Police Department is obliged to examine whether the reasons for which the tolerated stay was granted, still apply. For the duration of a tolerated residence, a third country national cannot perform business activities.

Free legal services in this field are provided by the Migration Information Centre and the relevant authority responsible for this field is the Ministry of Interior of the Slovak Republic.