- There is an obstacle to administrative expulsion;
- The foreigner´s departure from the country is not possible and detention is inefficient;
- The foreigner is a minor child found in the territory of Slovakia;
- The foreigner is a victim of human trafficking and is at least 18 years old;
- If it is required due to respect for his/her personal and family life and he/she does not threaten the state safety or public order;
- The foreigner was illegally employed under particularly exploitative working conditions or to an illegally employed minor person.
If a foreign national meets conditions for submitting an application for temporary residence for the purpose of family reunion or permanent residence for five years, the Police Department may grant tolerated residence due to respect of his/her personal and family life only in case he/she does not hold a valid passport and proves his/her identity in another trustworthy way.
The following is also considered as tolerated residence:
- assessment of application for tolerated residence;
- provision of institutional care;
- prison sentence execution or period of imprisonment;
- duration of quarantine measures;
- a maximum of 90 days during which a third country national, who is a victim of human trafficking and at least 18 years old, decides whether he/she will cooperate with prosecuting authorities, when resolving this criminal act.
Application for granting or extension of a tolerated residence must be submitted on the official form at the Police Department in Slovakia in person. The Police Department will issue a decision on granting or extension of the tolerated stay within 15 days from submitting the application.
Tolerated residence is granted for a maximum period of 180 days and can be repeatedly extended.
Work, accommodation and health care
During the validity of tolerated residence, the foreign national may not do business or work in Slovakia.
As an exception, foreign nationals that have obtained tolerated residence on grounds of respect to their private and family life, those whose tolerated residence was extended due to the fact that they are victims of human trafficking, or those having tolerated residence due to the fact that they were illegally employed under particularly exploitative conditions are allowed to be employed or enter similar employment relationships, but they still cannot do business. Details can be found in the section Employment.
The state does not provide accommodation to persons with tolerated residence, except for cases of a person granted a tolerated residence for being a victim of trafficking in human beings, as well as for persons with tolerated residence who were illegally employed under particularly exploitative working conditions or an illegally employed minor person.
Foreign nationals with tolerated residence, who cannot be employed, do not have the right for public health insurance, but they can obtain a commercial health insurance.
Termination of tolerated residence
If the reason for which tolerated residence was originally granted ceases to exist, the foreign national is obliged to inform the Police Department of this fact within 15 days from the day he/she learned thereof.
The Police Department will cancel the tolerated residence, especially when learning the fact that the reason of tolerated residence ceased to exist, or when learning new facts representing reasons for rejection of tolerated residence application.