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Residence of Union citizens and their family members

 

RESIDENCE OF EU CITIZENS

Under the Act on the Residence of Foreigners, a Union citizen is:
  • a citizen of another EU Member State, with the exception of Slovakia,
  • a citizen of a state Party to the European Economic Area Agreement (EEA),
  • a citizen of Switzerland.
A Union citizen is entitled to a residence in the territory of the Slovak Republic during a period longer than three months if he/she:
  • is employed in Slovakia;
  • is a self-employed person in the territory of the Slovak Republic;
  • studies in primary or secondary school or at a university in Slovakia;
  • has sufficient financial means for himself as well as for his family members, to prevent them from burdening the social security system during their stay  and has health insurance in Slovakia;
  • will potentially find employment;
  • Is a family member of a Union citizen who meets one of the above-mentioned conditions and whom he/she is accompanying or joining.

In this regard, a citizen of the Slovak republic is not considered to be an EU citizen. A family member of the Slovak citizen is considered to be a family member of the EU citizen only in case they reside in the same Member State and they return (or he/she joins the EU citizen) to reside back in the territory of the Slovak Republic.

Download Fact Sheet: Residence of Union Citizens

Notice of the stay 

Notice of Stay form unless the provider of accommodation (e.g. hotel) does it instead. This means the notification is necessary in case the Union citizen lives with relatives, friends or in a rented apartment.

Registration of the right of residence in the territory of the Slovak Republic

A Union citizen staying in Slovakia for a period longer than three months is obliged to apply for registration of residence within 30 days from the lapse of three months from entering Slovakia.  

The application for a free of charge registration is submitted in person on an official form at the competent Foreign Police Department together with a valid identification card or a valid travel document and a document confirming one of the matters above (e.g. employment contract, trade Licence, confirmation from school, affidavit stating that he/she is seeking employment, birth certificate, marriage certificate, etc.). A Union citizen, who cannot submit an employment contract or trade licence, can provide proof that he/she has sufficient means (the minimum subsistence level of EUR 214.83 in cash or a bank account statement) and health insurance in Slovakia (confirmation from a health insurance company or EU insurance card).

On the day of submitting a complete application, the Foreign Police Department will issue a confirmation about the residence registration of a Union citizen, which will state the name, surname and address of the registered person as well as the date of registration. If the Union citizen fails to submit a document on accommodation, the municipality where he/she will be staying will be stated as the address.

Union Citizens may apply for the issuance of a residence document valid for 5 years (plastic card) in person at the competent Foreign Police Department according to the place of residence in Slovakia. Contact details of Foreign Police departments can be found on this web site.  A valid travel document or valid identification card, 2 photographs (3x3.5 cm) and a document on accommodation need to be attached to the application for issuance of a residence document.

For registration of the right of residence as well as for the issuance of a residence document, Union citizens please download this form.

The right of a Union citizen to permanent residence

A Union citizen is entitled to a permanent residence if he has legally resided in Slovakia for an uninterrupted period of five years. In specific cases, it is possible to apply for permanent residence even earlier than after five years of uninterrupted residence.

EU national employer's obligations 

If the Union citizen comes to Slovakia for the purpose of employment, the employer is obliged to inform the local Office of Labour, Social Affairs and Family about the vacancy and notify the local Office of Labour, Social Affairs and Family within 7 working days from the start of the employment by sending a so-called Information Card (see the EURES web site).

Termination of the right of residence of a Union citizen

The entitlement to residence or the entitlement to permanent residence of a Union citizen expires, if:

  • the person notifies the Foreign Police Department in writing of the residence termination;
  • the person was deported;
  • the Foreign Police Department revoked his right to residence or to permanent residence;
  • the person died or was declared dead;
  • the person acquired citizenship of the Slovak Republic.


RESIDENCE OF FAMILY MEMBERS OF EU CITIZENS

The family member of an EU citizen is a third-country national who is:

  1. their spouse,
  2. their child under the age of 21, their dependent child and such children of their spouse,
  3. their dependent direct relative in descending or ascending line and such relative of their spouse,
  4. any other family member not covered by points a) to c) who is a dependent person in the country of their origin,
  5. any other family member not covered by points a) to c) who is a member of their household,
  6. any other family member not covered by points a) to c) who for serious medical reasons is dependent on their care,
  7. their partner, with whom an EU citizen has a lasting, duly attested relationship,
  8. a third-country national who has a right of residence in the same Member State in which an EU citizen has residence permit and the citizen of the EU is a citizen of the Slovak Republic with whom a third-country national returns to or joins for residence back in the territory of the Slovak Republic and meets any of the conditions mentioned by points a) to g) in relation to a citizen of the Slovak Republic.

Download Fact Sheet: Residence of Family Members of EU Citizens

Special note to a family member of a Slovak, who is not considered a family member of an EU citizen, and therefore these provisions do not apply (permanent residence for five years applies to them). An exception is when a Slovak citizen returns to the territory of the Slovak Republic together with their family member with whom they have a residence permit in the same EU Member State. This must be documented (e.g. residence permit).

Registration of stay in the territory of the Slovak Republic

Family members of EU citizens are obliged to report the beginning of their residence to the Foreign Police within 10 working days from the date of entry into the Slovak Republic.

Family members of EU citizens are obliged to submit the application for a residence permit to the Foreign Police within 30 days after the expiration of three months from the date of entry into the territory of the Slovak Republic. Within 30 days of the application submission, the Foreign Police Department will issue the family member of EU citizens a residence permit, titled "Residence card of an EU citizen family member", valid for five years or for the duration of the sponsor’s probable stay, if less than five years.

Documents to be submitted with the application:

  1. a valid travel document,
  2. two current 3 x 3,5 cm photos,
  3. a document certifying the existence of a family relationship with the sponsor,
  4. certificate of the sponsor’s registration of residence,
  5. other documents serving to demonstrate the facts set out in the definition of an EU citizen's family member.

If the family member of an EU citizen does not submit a proof of accommodation, the police shall indicate the address of the municipality where they will be staying as the address on the confirmation of the application submission for the issue of the residence document.

Proof of accommodation is:

  • an affidavit of a foreign national about ownership of a property (if they own property), or 
  • a tenancy agreement with the owner or the user of the property and documentation of eligibility to use the property if it is a tenancy agreement with the user of the property,
  • confirmation from an accommodation facility (e.g. a hotel or a boarding house) or
  • an affidavit of a natural person or a legal entity about the provision of accommodation to a foreigner in the Slovak Republic and documentation of eligibility to use the property if it is a tenancy agreement with the user of the property.

Signatures in affidavits and tenancy agreements must be notarized.

The residence document shall expire if the temporary absence of the foreigner in the territory of the Slovak Republic exceeds a total of six months of the year.

A family member of an EU citizen is eligible for permanent residence if they continuously reside with the sponsor for a period of five years, and for less than five years if the sponsor is eligible for permanent residence.

The employment of an EU citizen's family member is subject to the same conditions as the employment of an EU citizen.

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