Legal position of Slovaks living abroad
Legal position of Slovaks living abroad
I. General information
In Part I, article 7a of the Constitutional Act no. 460/1992 Coll., the Constitution, the Slovak Republic enacted the support for Slovaks living abroad as its constitutional duty; “The Slovak Republic shall support the national awareness and cultural identity of Slovaks living abroad, support their institutions established to achieve this purpose and relations with their home country.“
The first legislation addressing specifically the status of Slovaks living abroad was Act no. 70/1997 Coll., on Slovaks abroad, as amended. The law specified, who is a Slovak abroad and what rights and obligations arise from this status. This Act was abolished and replaced by Act no. 474/2005 Coll., on Slovaks living abroad as amended, with effective date of January 1, 2006.
Pursuant to Act no. 474/2005 Coll., on Slovaks living abroad as amended a Slovaks living abroad is an individual without permanent residency in the Slovak Republic, and this term includes:
Individuals, living abroad, without the Slovak nationality, who are citizens of another country, alternatively, individuals without citizenship, who however declare having Slovak nationality and being interested in and having contributed to the promotion or maintaining the Slovak nationality abroad. These are however also individuals, claiming the Slovak nationality through their direct ancestors. According to the legislation in force, following an application, such individuals may be granted a status of a Slovak living abroad and to be issued a Slovak living abroad certificate.
In addition to the individuals referred to above, there are also individuals with a long-term residency abroad who have the Slovak citizenship and they are also Slovaks living abroad. In this case it concerns Slovak citizens who are subject to all generally binding legal regulations of the Slovak Republic and attached rights and obligations towards the Slovak Republic. Pursuant to Act no. 474/2005 Coll., it also an instance of Slovaks living abroad, unless they register for permanent residency in the Slovak Republic.
Pursuant to provisions of §33 of Act no. 97/1963 Coll., on international private and process law, as amended, you can individual is in the decisive moment Slovak citizen and at the same time another country considers this individual as its citizen, determining is the Slovak citizenship. The aforementioned provision implies that an individual, residing long-term abroad and obtaining citizenship of another country under, in line with that country’s legislation, remains Slovak citizen, unless he/she does not apply from his/her free will, in the form of a special application, to be released from the Slovak citizenship. Based on his/her Slovak citizenship, he/her can apply for the passport, alternatively an ID card, provided he/her will fulfil the requirements for issuing of such documents.
Children born to parents, who – even one of them – hold the Slovak citizenship, acquire Slovak citizenship through this parent, irrespective of the fact that according to the law of the country of their birth, as well as irrespective of the fact that according to the second parent – having different nationality – are entitled to obtain also other citizenship or other citizenships. This principle applies from the effective date of Act no. 206/1968 Coll., on obtaining and termination of citizenship of the Slovak Socialist Republic (according to the legal regulations applicable hitherto, it was necessary to apply, within a deadline stipulated by law, the appropriate appointed office to be granted a consent to retain the Slovak citizenship).
With respect to the legal status in Slovakia of a Slovak living abroad and his/her rights and obligations in accordance with the generally binding legal regulations. It needs to be established whether it concerns a Slovak citizen living long-term abroad or individuals who maintained their national awareness and either themselves or their direct ancestors had or have Slovak nationality.
II. Rights and obligations of a Slovak living abroad certificate holder (Slovak abroad card) in accordance with the current Slovak legislation
– The Slovak Republic Constitution no. 460/1992 Coll., is the basic law governing the support of national awareness and cultural identity of Slovaks living abroad (Chapter I., article 7a);
– Act no. 474/2005 Coll., on Slovaks living abroad as amended (this Act revoked Act no. 70/1997 Coll., on Slovaks abroad) is a special law, governing the status of Slovaks living abroad;
– § 29 in conjunction with other § 31 through 33 of Act no. 404/2011 Coll., on alien residency as amended specifies that if the police force department grants a temporary residency to a citizen of a third country, who has been issued a Slovak living abroad certificate within 30 days after the application was filed, if there are no reasons for the application rejection; after the granting of temporary residency is entitled to operate a business;
– § 7 par. 3 of Act no. 40/1993 Coll., on citizenship of Slovak Republic as amended by subsequent regulations provides for an individual with the Slovak abroad status, alternatively, the Slovak living abroad status the possibility to be granted Slovak citizenship, provided they had uninterrupted residency in the Slovak Republic for at least a period of three years immediately preceding the filing for the citizenship of Slovak Republic;
– § 22 par. 7 letter e/ of Act no. 5/2004 Coll., on services, employment as amended by subsequent regulations specifies that employment permit is not required from an alien, who is a Slovak abroad, alternatively a Slovak living abroad;
– § 4b par. 2 letter e) of Act no. 195/1998 Coll., on social assistance as amended by subsequent regulations specifies the contributions towards compensation, care and the entitlement to social services;
– § 3 of Act no. 599/2003 Coll., on assistance in material need as amended by subsequent regulations establishes the entitlement to assistance in material need;
– § 3 par. 2 letter l) of Act no. 448/2008 Coll., on social services and on changes and amendments to Act no. 455/1991 Coll., on self-employment (the Self-employment Ac) as amended by subsequent regulations establishes the entitlement to be a recipient of social services;
– § 146 par. 2 of Act no. 245/2008 Coll., on education (the School Act) as amended as amended by subsequent regulations establishes the entitlement to education, accommodation and meals in schools under the same conditions as Slovak citizens;
– § 82a of Act no. 461/2003 Coll., on social insurance as amended by subsequent regulations. The term and is the transfer of pension rights within EU;
– Act no. 82/2005 Coll., on illegal labour and illegal employment as amended, is also linked to Act no. 5/2004 Coll., if the illegal labour is work performed by a foreigner, who does not have a temporary residency permit for the employment purposes and the work permit (a Slovak abroad, alternatively a Slovak living abroad has temporary residency granted by being issued the Slovak abroad card or the Slovak living abroad certificate);
– § 19a par. 1 of Act no. 202/1995 Coll., the Foreign currency Act as amended by subsequent regulations specifies that a foreigner may acquire an ownership title to domestic real estate, with the exception of instances specified in § 19 par. 2 of the Act referred to above, the Act in § 19a par. 2 sets out that:
a foreigner cannot acquire an ownership title:
a/ to land, comprising an agricultural land located outside the built-up area of a township and to land, comprising a forest land located outside the built-up area of a township; this restriction does not apply to an alien for the purposes of inheritance, nor an alien who is:
1. Slovak Republic citizen,
2. Citizen of an EU member state and who has, based on registration, rights to temporary residency, if it concerns the obtaining of ownership title to agricultural land, which he has cultivated for a period of minimum three years after the Slovak Republic European Communities and the European Union Accession Treaty came into force,
b/ real estate property, acquisition of which is restricted by separate regulations, including in particular :
– Act no. 44/1988 Coll., on the protection and utilisation of mineral wealth (the mining Act) as amended by subsequent regulations,
– Act no. 184/2002 Coll., on waters as amended (the water Act),
– Act no. 277/1994 Coll., on healthcare as amended by subsequent regulations,
– Act no. 287/1994 Coll., on protection of nature and the countryside as amended by subsequent regulations,
– Act no. 135/1961 Coll., on road network as amended by subsequent regulations,
– Act no. 27/1987 Coll., on state heritage protection as amended by subsequent regulations;
– § 5 par. 3 a 4 of Act no. 455/1991 Coll., on self-employment (the Self-employment Act) as amended by subsequent regulations stipulates, that a private individual with residency or a legal entity with registered address outside the territory of the Slovak Republic (hereinafter referred to as the “foreign individual/entity”) can operate in the Slovak Republic as a self-employed entity under the same conditions, and the scope as Slovak entities; for the purposes of this Act a Slovak entity means a private individual with residency or a legal entity with registered address within the territory of the Slovak Republic;
pursuant to § 5 par. 4 of Act no. 455/1991 Coll., the residency within the territory of the Slovak Republic for the purposes of this Act means permanent residency in the Slovak Republic (pursuant to Act no. 253/1998 Coll., on registering Slovak Republic citizens and on the Slovak Republic citizenship register as amended by subsequent regulations), alternatively a temporary residence or permanent residence in the Slovak Republic, according to a permit issued in accordance to separate regulation (act no. 48/2002 Coll., on residency of aliens as amended by subsequent regulations);
– Act no. 513/1991 Coll., Commercial code as amended by subsequent regulations is an expansion of the self-employed permit in the event of creating a trading company, which require the residency permit in the Slovak Republic, with respect to the specified positions of private individuals;
– § 33 of Act no. 97/1963 Coll., on international private and process law as amended by subsequent regulations regulates the collision provisions also with respect to the legal position of individuals who have, in addition to the Slovak, also other citizenship;
– § 3 par. 1 letter b/ of Act no. 474/2005 Coll., on Slovaks living abroad as amended, the government may propose that individuals who have shown extraordinary contribution to maintaining the national awareness, the cultural and language identity of Slovaks living abroad and an effort in the field of strengthening the links between Slovaks living abroad and the Slovak Republic, were awarded by having state honours bestowed upon them.
This document was prepared on the basis of the Slovak legal framework currently in force. The Bureau for Slovaks living abroad amending and updating this document on an ongoing basis, in accordance to the adopted new or updated existing legislation pertaining to Slovaks living abroad.