RESIDENCE OF UNION CITIZEN AND FAMILY MEMBER OF UNION CITIZEN

This title regulates the right of residence in the territory of the Slovak Republic for the Union citizen and his/her family member who accompanies or joins him/her.

 The residence of the Union citizen and the residence of the family member of the Union citizen shall be permanent residence under this Title.

  A Union citizen who is the holder of a valid identity card or travel document shall be entitled, without any further conditions or formalities, to stay in the Slovak Republic territory for three months from the entry to the Slovak Republic. A Union citizen may submit, instead of a valid identity card or travel document, any other document by which he/she demonstrates his/her identity and nationality of a Member State to the satisfaction of a police department.

 The beginning of residence in the Slovak Republic territory shall be reported by a Union citizen to a police department within ten working days from the date of entry into the Slovak Republic territory.

 The right of residence according to par. 1 above shall be retained, unless the Union citizen becomes a materially deprived person.

 If a police department discovers during the examination of the facts specified in par. 3 above that the Union citizen became an unreasonable burden on the social assistance system, they inform him/her that he/she has lost the right of residence according to par. 1 above and shall be obliged to leave the Slovak Republic territory.

A Union citizen has the right of residence in the Slovak Republic territory during the period of more than three months, if

a) he/she is employed in the Slovak Republic territory;

b) he/she is a self-employed person in the Slovak Republic territory;

c) he/she has sufficient resources for himself/herself and his/her family members not to become a burden on the social assistance system of the Slovak Republic during their period of residence, and he/she has sickness insurance cover in the Slovak Republic territory;

d) he/she studies at a primary school, secondary school or university in the Slovak Republic;

e) he/she is presumed to find employment; or

f) he/she is a family member accompanying or joining a Union citizen who satisfies the conditions for residence referred to in points (a) to (e) above.

The right of residence of a Union citizen shall be retained, if he/she satisfies the conditions set out in par. 1 above.

 The right of residence of a Union citizen according to par. 1(a) and (b) above shall be retained even if he/she is neither employed nor self-employed, providing that

a) he/she is temporarily unable to work as the result of an illness or accident;

b) he/she is registered as a job seeker with the relevant Office of Labour, Social Affairs and Family after having been employed for more than one year;

c) he/she is registered as a job seeker with the relevant Office of Labour, Social Affairs and Family after completing a fixed-term employment contract of less than a year, or he/she is registered as a job seeker with the relevant Office of Labour, Social Affairs and Family after having been employed for less than one year; or

d) he/she embarks on vocational training; if he/she is not registered as a job seeker with the relevant Office of Labour, Social Affairs and Family, it must be the vocational training related to the previous employment.

A Union citizen shall retain the right of residence if

a) the Union citizen whom he/she is accompanying or joining died or his/her right of residence in the Slovak Republic territory expired, providing that he/she satisfies the conditions set out in par. 1 above;

b) the Union citizen whom he/she is accompanying or joining died or his/her right of residence in the Slovak Republic territory expired, providing that it is his/her child who is in education in the Slovak Republic territory or it is the parent whom this child was entrusted into personal care; this right shall be retained until the completion of studies in the Slovak Republic;

c) he/she has divorced the Union citizen whom he/she was accompanying or joining, or their marriage was declared invalid, providing that he/she satisfies the conditions set out in par. 1 above, or

d) a durable relationship (duly attested) with the Union citizen whom he/she was accompanying or joining ceased to exist, providing that he/she meets the conditions set out in par. 1 above.

Where there is a reasonable doubt as to whether a Union citizen satisfies the conditions set out in par. 1 or par. 3 above, the police department may verify if these conditions are fulfilled.

A Union citizen who stays in the Slovak Republic territory for more than three months shall be obliged to apply for the registration of residence in the Slovak Republic territory. The application for the registration of residence shall be filed in person, using an official form, with a police department within 30 days after the expiry of the period of three months from the entry into the Slovak Republic territory.

 A Union citizen who applies for the registration of residence shall be obliged to submit the application together with a valid identity card or a valid travel document and a promise of the employer or a confirmation of engagement from the employer.

 A Union citizen who applies for the registration of residence shall be obliged to submit the application together with a valid identity card or a valid travel document and a document showing that he/she is a self-employed person.

 A Union citizen who applies for the registration of residence shall be obliged to submit the application together with a valid identity card or a valid travel document, a document showing that he/she has sufficient resources for him/herself and his/her family members not to become a materially deprived person during his/her period of residence, and a document of sickness insurance cover.

 A Union citizen who applies for the registration of residence shall be obliged to submit the application together with a valid identity card or a valid travel document, a document showing that he/she studies at a primary school, secondary school or university in the Slovak Republic, and a solemn declaration that he/she has sufficient resources for him/herself and his/her family members not to become a materially deprived person during his/her period of residence in the Slovak Republic.

A Union citizen who applies for the registration of residence shall be obliged to submit the application together with a valid identity card or a valid travel document, and a solemn declaration that he/she is continuing to seek employment in the Slovak Republic territory.

 A Union citizen who applies for the registration of residence shall be obliged to submit the application together with a valid identity card or a valid travel document, a document certifying the existence of a family relationship, or a document indicating that he/she has a durable (duly attested) relationship with the Union citizen, and a confirmation of the registration of the Union citizen whom he/she is accompanying or joining.

A police department shall be obliged, when examining whether the Union citizen has sufficient resources for him/herself and his/her family members not to become a materially deprived person during the their period of residence in the Slovak Republic, to take into account the personal situation of the particular person. A Union citizen may demonstrate sufficient resources by submitting cash, travellers’ cheques, credit cards, account statements, documents of ownership of a real estate, a document on drawing of a pension, or other trustworthy document. A police department shall not require that the amount to be demonstrated by the Union citizen at the time of registering residence be higher than the amount of living subsistence in the Slovak Republic.

A police department shall individually evaluate the submitted documents according to par. 2 to 7 above by examining the facts which the Union citizen is demonstrating by means of such documents. The police department shall, following the examination of the documents, decide whether the submitted documents above are sufficient or not. If the submitted documents are not sufficient to demonstrate satisfactorily the facts referred to in par. 2 to 7 above, the person shall not be registered by the police department. Such a person shall also be informed in writing of the documents which must be presented as a satisfactory proof of the facts referred to in par. 2 to 7 in order for that person to be registered.

A police department shall issue a confirmation to a Union citizen on the date of filing the complete application for the registration of the Union citizen residence, which confirmation shall contain the name, surname, address of the registered person, and registration date. If the Union citizen fails to submit a document, the address in the registration confirmation issued by the police department shall be the address of the municipality in which the Union citizen will stay.

A Union citizen whose right of residence has been registered by the police department may request the police department to issue a residence permit entitled the “Residence Card of EU Citizen” with a five year period of validity. The police department shall issue the residence permit to the Union citizen within 30 days. If requesting the issuance of a residence permit, the Union citizen shall submit a proof of accommodation and two 3 x 3.5 cm sized photographs showing his/her current appearance, otherwise the police department shall not issue the residence permit; the accommodation must comply with the minimum requirements according to a specific regulation.