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Tolerated residence

Tolerated residence is a specific type of residence which may be granted to a foreign national for a maximum of 180 days, if one of the following conditions applies:
  1. The foreigner is a minor child found in the territory of Slovakia;
  2. The foreigner is a victim of human trafficking and is at least 18 years old;
  3. 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 (you must submit a Criminal Registry Extract from the country of your citizenship and from the countries where you resided in the last 3 years for more than 90 days during 6 consecutive months);
  4. The foreigner was illegally employed under particularly exploitative working conditions or to an illegally employed minor person;
  5.  It results from international commitments of the SR.

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.

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.

The Police will not accept the application, if you are in an asylum granting procedure.

The application for tolerated residence must be submitted in person, on the official form in Slovak language at the competent Foreign Police Department according to the place of your residence. The application must be submitted along with its written justification and documents proving the reasons for granting tolerated residence. When applying for tolerated residence, there is an administrative fee of EUR 99.50* and EUR 33* when applying for its extension.

The criminal authority applies for tolerated residence on your behalf, if:

  • you are a victim of human trafficking and at least 18 years of age;
  • you were illegally employed under particularly exploitative working conditions or if you are an illegally employed minor person, provided that your presence in the territory of Slovakia is inevitable for the purpose of criminal proceedings.

Tolerated residence is granted for a maximum period of 180 days and can be repeatedly extended.

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 Foreign Police Department will cancel tolerated residence based on the information about termination of the purpose for which the tolerated residence was granted or based on the reasons for which the tolerated residence can be refused.

Remaining

Is an institute that may be approved, if you are staying in Slovakia for specific reasons preventing your departure, while not having a valid visa or residence permit. You may remain in Slovakia until cessation of these reasons. However, remaining in the territory of the SR is not considered as residence based on the Law on Residence of Foreigners in the SR. This means that while remaining in the territory of the SR, you are not entitled to apply for an invitation verification, for the granting of temporary or permanent residence, to work, or do business.

You may remain in the territory of the SR during:

  1. Existence of obstacles to administrative expulsion;
  2. Provision of institutional care linked with urgent health care;
  3. Existence of a quarantine measure;
  4. Arrest or imprisonment;
  5. Period for departure;
  6. Detention;
  7. Preparation of an assisted voluntary return;
  8. Performance of actions to obtain a travel document, which is not possible to ensure even through the diplomatic mission of your home country;
  9. Preparation and execution of administrative expulsion, or return according to a specific regulation.

In the case of institutional care or quarantine measure, you may remain in the territory of the SR only if these were provided or ordered while your residence in Slovakia was still legal. At the same time, you must leave the territory of the SR within three days from termination of the institutional care or quarantine measure.

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.


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.

 

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