LAW OF SLOVAK NATIONAL COUNCIL OF 19TH JANUARY 1993  REGARDING CITIZENSHIP OF SLOVAK REPUBLIC

 

Date of entry into force: 15 February 1993

 

[NOTE: This is an unofficial translation. The law was  published on 15 February 1993 in the Slovak Legal  Bulletin - Zbierka zakonov Slovenskej Republiky.]

 

§ 1 - The purpose of this law

 

This law establishes the conditions of gain and loss of  citizenship.

 

FIRST PART - THE GAIN OF THE CITIZENSHIP OF THE SLOVAK  REPUBLIC

 

§ 2 - Determination of citizenship of Slovak Republic

 

A person, who was up to 31st December 1992 a citizen of  the Slovak Republic under the law of the Slovak National  Council No 206/1968 of the Code regarding the gain and  loss of citizenship of the Slovak Socialist Republic  according to the law No 88/1990 of the collection of  laws, is a citizen of the Slovak Republic under this law.

 

§ 3 -  Application for citizenship of the Slovak Republic

 

(1) A person who was up to 31st December 1992 a citizen of  the Czech and Slovak Federative Republic and is not a  citizen of the Slovak Republic according to No.2 can  apply for the citizenship of the Slovak Republic.

 

(2) An application for citizenship under section (1) can  be lodged until 31st December 1993 by way of written  statement to the district office on the territory of the  Slovak Republic, abroad to the Diplomatic Mission or to  the Consulate of the Slovak Republic, according to the  place of the residence. Husband and wife can lodge a  common statement.

 

(3) In the statement referred to in paragraph (2) the  following must be clearly stated:

 

(a) identity of the person lodging the statement,

 

(b) the fact that the person lodging the statement was up  to 31st December 1992 a citizen of the Czech and Slovak  Republic,

 

(c) place of birth and the residence as at 31st December  1992.

 

§ 4 - Citizenship of minor persons

 

(1) If parents are citizens of the Slovak Republic under §  2 or will become citizens of the Slovak Republic under §  3, their minor children will automatically acquire the  citizenship of their parents; if only one of the parents  is alive, the child is will acquire the citizenship of  that parent.

 

(2) If one of the parents has a citizenship other than the  citizenship of the Slovak Republic, parents shall state  in their statement regarding the citizenship under § 3  the names of their minor children as well. If both  parents are alive they are requested to lodge a  consenting statement.

 

(3) In case of a court decision giving the care concerning  a minor child only to one of the parents and the parents  did not lodge a common statement, the child is following  the citizenship of the parent granted the care.

 

(4) The consent under paragraph (2) is not requested if  the other of the parent has been deprived of his/her  parental rights, or his/her parental rights are limited,  or his/her place of residence is unknown.

 

§ 5 - Birth

 

(1) The child acquires the citizenship only if

 

(a) at least one of the parents is a citizen of the Slovak  Republic, or

 

(b) the child was born on the territory of the Slovak  Republic, its parents being without any citizenship, or

 

(c) the child was born on the territory of the Slovak  Republic, its parents being citizens of another country,  but the child does not by birth gain the citizenship of  either of the parents.

 

(2) If the citizenship cannot be proved, such child is  considered to be a citizen of the Slovak Republic who

 

(a) was born on the territory of the Slovak Republic, or

 

(b) was found on the territory of the Slovak Republic and  whose parents are not known, until it is not proved that  the child acquired citizenship of another country by  birth.

 

(3) The child, whose one of the parents is a citizen of  other country and the other is a citizen of the Slovak  Republic, is a citizen of the Slovak Republic even if it  is later found out that the child's parent who is the  citizen of the Slovak Republic is not the child's natural  parent.

 

§ 6 - Adoption

 

A child, who is not a citizen of the Slovak Republic and  who was adopted by a citizen of the Slovak Republic, can  acquire the citizenship of the Slovak Republic.

 

Grant

 

§ 7

 

(1) Citizenship of the Slovak Republic can be granted upon  request to such a person who is not a citizen of the  Slovak Republic and who -

 

(a) has continuos permanent stay on the territory of  Slovak Republic for at lease 5 years and speaks the  Slovak language,

 

(b) was not persecuted for an intentional crime

 

(2) The following is in favour of a person requesting the  grant of citizenship of the Slovak Republic,

 

(a) if the person is not a citizen of another country, or

 

(b) can proove, that under the law of the state of which  this person is a citizen, this person has lawfully  renounced his/her citizenship.

 

(3)     Without respect as to whether the conditions mentioned  in paragraph (1) were met, the citizenship of the Slovak  Republic can be granted to the following persons  requesting the same:

 

(a) to a person who has entered into a marriage with a  Slovak citizen, or

 

(b) for reasons worth of special attention, if the person  has done something of great benefit for the Slovak  Republic in the field of economy, science, culture or  technology.

 

(4) Husband and wife can request grant of citizenship of  the Slovak Republic in a common application. The  application of both of the partners in a marriage is  considered separately. Minor children stated in the  parent's application will gain citizenship together with  their parent. If the applicant in his/her application  states minor children for granting a citizenship, a  consent of the other parent is requested. otherwise  conditions of § 4 section 5 apply.

 

(5) A person, whose former Czechoslovak citizenship  expired or who lost the Czechoslovak citizenship due to  long absence according to § 31 and § 32 of the law L/1879  regarding the gain and loss of Austro-Hungarian  citizenship, or by way of marriage under  34 of the law  L/1879 regarding gain and loss of Austro-Hungarian  citizenship, or according to § 2 of law No 102/1947 of  the Code regarding the gain and loss of Czechoslovak  citizenship by way of marriage, or according to § 5 of  law No 194/1949 of the Code regarding gain and loss of  Czechoslovak citizenship, this person can be granted the  citizenship of the Slovak Republic even though the  conditions mentioned in section (1) a) were not met.

 

(6) A guardian appointed by a court can apply for  citizenship of the Slovak Republic in the name of a  person who has been deprived the capability to carry out  judicial proceedings by court or whose capability to  carry out judicial proceedings is limited.

 

§ 8

 

(1) The citizenship of the Slovak Republic is granted by  the Ministry of Interior of the Slovak Republic. The  application for grant of Slovak citizenship is lodged at  the district office.

 

(2) A citizenship of the Slovak Republic is gained upon a  receipt of a document stating the grant of same.

 

PART TWO - LOSS OF CITIZENSHIP OF THE SLOVAK REPUBLIC

 

§ 9

 

(1) The citizenship of the Slovak Republic can be lost  only at own request by release of the person from the  state bond.

 

(2) Only such person can be released out of the state  bond, which has a citizenship of another country, or has  promise of grant of citizenship on the condition of the  above mentioned release, or if it can be reasonably  assumed that upon a release of such  person from the  state bond that person will be granted a citizenship of  other country.

 

(3) A person cannot be released out of the state bond if

 

(a) this person is being persecuted, or is serving the  sentence, or did not serve a sentence laid by the Court  of the Slovak Republic,

 

(b) this person has tax and public portion arrears in the  Slovak Republic.

 

(4) When deciding of the release from the state bond of  the Slovak Republic the following is in favour of the  applicant:

 

(a) if he/she has married a citizen of a foreign country  and is or will be living with this citizen of a foreign  country, or

 

(b) if the applicant has acquired the citizenship of the  Slovak Republic by way of marriage and this marriage has  perished, or has been divorced, or

 

(c) if one of the parents of the minor child, who is a  citizen of the Slovak Republic, is citizen of a foreign  country and the child is, or will be brought up abroad,  or

 

(d) if the child is appropriate and the child's  appropriator is a citizen of a foreign country and the  appropriate will be brought up abroad, or

 

(e) if the child has become mature, was born abroad and  never had permanent residence on the territory of the  Slovak Republic.

 

(5) Husband and wife can apply for release from the state  bond of the Slovak Republic with a joint application. The  application of each of the partners is judged separately.  In case of minor children, which the parent has stated in  his/her application for the release from the state bond  of the Slovak Republic, the citizenship of the children  is lost together with the citizenship of the parents.  Further the conditions of  § 4 section (4) apply.

 

(6) A guardian appointed by a court can apply for the  release from the state bond of the Slovak Republic in the  name of the person who was by court deprived of  capability to carry out judicial proceedings, or if the  person has limited capability to carry  out judicial  proceedings.

 

(7)     The decision of the release from the state bond of the  Slovak Republic is made by the district office. The  citizenship is lost on the day of the receipt of the  document stating the release from the state bond of the  Slovak Republic.

 

PART THREE - COMMON AND FINAL REGULATIONS

 

§ 10

 

The citizenship of the Slovak Republic is equivalent  without regard to the legal title of the gain of the  same.

 

§ 11

 

A certificate of citizenship of the Slovak Republic is  issued by the appropriate district office (16).

 

§ 12

 

(1) Legal effects of the statement under § 3 section (2)  will enter into force on the day of lodgement of the  statement.

 

(2) The authority which received the statement, will issue  a confirmation of receipt showing the date of the  receipt.

 

§ 13

 

The statement carried out according to § 3 of this law is  free of administrative costs.

 

§ 14

 

The state and district authorities as well as legal and  physical persons are obliged to inform the Ministry of  Interior of the Slovak Republic upon its request of any  facts which are of importance when making a decision  according to this law.

 

§ 15

 

If according to this law the application is granted in  full extent, the decision of the administrative  proceedings is not issued.

 

§ 16

 

The local competence under this law is determined  according to the permanent residence of the person, whose  citizenship is in consideration. If the person does not  have a permanent residence on the territory of the Slovak  Republic, the local competence is established according  to his/her last permanent residence on the territory of  the Slovak Republic; if the person did not have a  permanent residence on the territory of the Slovak  Republic, the competent office is according to § 3  section (2) the District Office Bratislava I and  according to § 9 and 11 the District office Bratislava.

 

§ 17

 

In case that an international agreement, by which the  Slovak Republic is bound, modifies some of the issues  different to this law in the matter of citizenship, the  modification in the international agreement prevails.

 

§ 18

 

Applications for grant of citizenship or for release from  the state bond not processed before the entry into force  of this law are considered as applications lodged under  this law.

 

§ 19

 

The central evidence of grants and losses of the  citizenship of the Slovak Republic is conducted by the  Ministry of Interior of the Slovak Republic, the district  evidence is conducted by a District Office.

 

§ 20

 

Cancelled are:

 

1. Law No 194/1949 of the Code regarding the gain and  loss of the Czechoslovak citizenship as in light of the  law No 72/1958 of the Code, law No 165/1968 of the Code,  law of the Slovak National Council No 206/1968 of the  Code and law No 88/1990 of the Code;

 

2. Law of the Slovak National Council No 206/1968 of the  Code regarding gain and loss of citizenship of the Slovak  Socialist Republic in light of article I of law No  88/1990 of the Code;

 

3. Item 8 of Appendix C and Item 75 of Appendix E of the  law of the Slovak National Council No 472/1990 of the  Code regarding the organization of local state  administration.

 

§ 21

 

This law will come into effect the day of publication.