Dear clients,
Office of the Government of the Slovak Republic on 11.09.2023 approve the lifting of the emergency caused by the spread of COVID-19which shall terminate on the date of 15.09.2023 o 6:00. On the basis of this fact, the validity of the transitional provision §131i Z.z. 404/2011 of the Act on the Residence of Aliens. Currently, however, the transitional provision §131k of the Act remains in force. 404/2011 of the Act on the residence of foreigners related to the armed conflict in Ukraine.
On the basis of the above-mentioned termination of the emergency situation, the Aliens Police will thus have the space to deal with the situation with the enormous number of illegal migrants coming from countries other than Syria, where the war is currently underway.
Prime Minister Odor had announced in August that there was an effort to lift the state of emergency over COVID-19. However, he cautioned that the linkage of some of the measures to the coronavirus emergency should be addressed, possibly moving them to a second emergency. On Monday (11/9), he declared that the measures that are intended to help citizens are not being cancelled.
The actual text of the law in question is attached below. However, we assume that at the same time some of the emergency provisions of the law will be amended and moved, thus maintaining the validity of the extension of the time limit for applying for renewal of residence, etc. We will inform you of the specific changes to the law in due course.
|
§ 131i |
|
Transitional provisions relating to the emergency situation caused by COVID-19 |
|
|
(1) The validity of a temporary stay, permanent stay or tolerated stay that would otherwise expire during a state of emergency, a state of emergency or a state of emergency declared in connection with the COVID-19 disease (hereinafter referred to as "emergency"), or that would expire within one month of the lifting of the emergency, shall be extended until the expiration of two months after the lifting of the emergency. |
|
|
(2) A third-country national who has legally entered the territory of the Slovak Republic and has not been granted residence under this Act shall be entitled to stay in the territory of the Slovak Republic until the expiry of one month from the lifting of the crisis situation. |
|
|
(3) A third-country national staying outside the territory of the Slovak Republic during a crisis situation may submit an application for renewal of temporary residence or an application for permanent residence for an unlimited period of time to the embassy. |
|
|
(4) The police department may accept documents pursuant to § 32(2), § 34(3), § 45(3), § 47(3), § 53(3) or § 59(3) that are older than 90 days at the time of the crisis situation due to which the third-country national was unable to submit an application for residence or renewal of residence, if they were not older than 90 days at the time of the submission of the application for residence or renewal of residence and the third-country national had not left the territory of the Slovak Republic by the time of the submission of the application for the grant of residence or renewal of residence. |
|
|
(5) The time limit under § 36(3) and § 41(3) shall be extended for the duration of the crisis situation. |
|
|
(6) (3), (4) and (7), § 112(1)(c), (e), (k), and (l), and § 112(2)(a), (d), (f), (l) and (m) shall not expire until the crisis situation is lifted. |
|
|
(7) The obligations under § 61a(4), § 62(3) and § 83(1) shall not apply until the crisis situation is lifted. |
|
|
(8) The time limits under § 35(a) and § 49(a) shall not include the duration of the crisis situation. |
|
|
(9) The execution of the administrative expulsion decision shall be postponed for the duration of the crisis situation. This postponement shall not be a ground for release from detention pursuant to the first subparagraph of Article 90(2)(b). |
|
|
(10) The Ministry of the Interior may also forgive a missed deadline under this Act, other than under paragraph 6, if it has expired during the duration of the crisis situation. |
|
|
(11) The conditions referred to in Section 34(6) and (7) shall not apply if the third-country national demonstrates compliance with the conditions referred to in Section 34(6) or (7) for the preceding tax period during which the crisis situation lasted, if the third-country national submits an affidavit stating that his or her business activities were affected by the duration of the crisis situation during the preceding tax period. |
|
§ 131k |
|
Transitional provisions related to the emergency situation in connection with the mass influx of foreigners to the territory of the Slovak Republic caused by the armed conflict on the territory of Ukraine |
|
|
(1) The validity of a temporary residence, permanent residence or tolerated stay, which would otherwise expire during an emergency situation declared in connection with a mass influx of foreigners to the territory of the Slovak Republic caused by the armed conflict on the territory of Ukraine (hereinafter referred to as the "emergency situation"), shall be extended until the expiry of two months after the emergency situation has been lifted. In connection with the extension of the validity of the stay pursuant to the preceding sentence, the police department, with the consent of the Ministry of the Interior, shall issue, at the request of the third-country national, a residence document with the validity determined by a specific date, if this is necessary for the purpose of the stay.104) |
|
|
(2) A third-country national who has applied to the police department for a temporary residence pursuant to Section 31(3) or a permanent residence pursuant to Section 44(1) shall be entitled to stay in the territory of the Slovak Republic until a decision on the application has been taken. |
|
|
(3) The Ministry of the Interior may, in justified cases, forgive the delay or extend the time limit under this Act if it has expired during the duration of the emergency. |
|
|
(4) During an emergency situation, the time limits under Sections 33(8), 34(16), 38(11), 40(7), 45(9), 47(6), 53(6), 59(7) and 62(4) and the time limits under a special regulation shall not apply to the decision-making process.105) |
|
|
(5) A third-country national who has been granted temporary refuge in the territory of the Slovak Republic shall report a change of address of his/her residence in the territory of the Slovak Republic to the reporting office in accordance with a special regulation;106) § 111(3) shall not apply. When reporting a change of address of his/her residence, he/she shall submit to the reporting office a proof of residence and proof of the provision of accommodation pursuant to Section 122(1) or other proof of the provision of accommodation. |
|
|
(6) The reporting office shall, on the basis of the report referred to in paragraph 5 |
|
|
a) immediately records the data on reporting the stay in the information system of the Police Corps and issues a new residence document to the foreigner, if he/she has a direct access to this information system, or |
|
|
b) shall make a record of the change of residence address in the submitted residence document and subsequently shall immediately deliver the data on the reporting of the change of residence address to the competent police department according to the place of residence of the foreigner. |
|
|
(7) A third-country national who has entered the territory of the Slovak Republic through the external border during an emergency situation may apply for return to his/her home country within the framework of assisted voluntary return. |
|
|
(8) A third-country national who has entered the territory of the Slovak Republic through the external border during an emergency situation and does not have his/her own travel document may be issued a foreign passport by the police department for the purpose of travel. |
Source: TASR; minv.sk; SSVPL.sk
