Documentation Database: Questionnaires: Family Reunification Directive 2003/86/EC
Slovakia

Subject Comparative study on the implementation of the Family Reunification Directive 2003/86/EC in (25) Member States
Data from other countries Go to Questionnaire (with links to the answers of all other countries)
This Form Data by Slovakia (26/04/2007)

Section Question Answer

A. General
A.1 top Q: Has the Directive been implemented in your country? If so, please add the references and the texts of relevant legislative and administrative measures and the dates they entered into force.

answer Slovakia A: Law No 558/2005 from 8 November 2005 amending Law No 48/2002 on Residence of Foreigners and on amendments of some acts as amended, and on amendments of some acts: zákon č. 558/2005 Z. z. z 8. novembra 2005, ktorým sa mení a dopĺňa zákon č. 48/2002 Z. z. o pobyte cudzincov a o zmene a doplnení niektorých zákonov v znení neskorších predpisov a o zmene a doplnení niektorých zákonov (Collection of Laws (Zbierka zákonov), Vol. 226 (2005)).

The Law No 558/2005 entered into force on 15 December 2005.
Link to the Slovak version of the Law.

There is an annex to an Order of the Director of Bureau of Border and Foreigners Police of the President of Police Force No 53/2005 called Methodology to Secure Procedures in the Issues of Residence of Foreigners at the Territory of Slovak Republic. This Annex governs details regarding residence procedures, but is intended for the purposes of police officers and in general is not available to foreigners.


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A.2 top Q: Has there been a political or public debate on the implementation of the Directive? If so, please summarize the main issues of the debate.

answer Slovakia A: There was no political or public debate on the implementation of the Directive at all.
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A.3 top Q: What have been the main changes in the national law or practice due to the Directive. Please indicate for each change whether it improved or deteriorated the legal status of third country nationals and their family members? Did it make the national rules more strict or more liberal?

answer Slovakia A: The national rules have become after the implementation of the Directive definitely more liberal. Whereas before implementation of the Directive, there was just a possibility to have residence permit granted, after implementation of the Directive, a police department shall grant a residence permit, when the conditions for it are fulfilled. Also the conditions for granting residence permit are less strict after the implementation of the Directive.

Another important issue, which is more favourable for family members of third country nationals, is that before implementation of the Directive, when there were reasons for withdrawing a residence permit, the permit had to be withdrawn. After implementation of the Directive, private and family life has to be taken into consideration before the decision on withdrawal is taken.

There is no waiting period before the family reunification application can be submitted after the Directive was implemented, whereas before the implementation of the Directive, there was waiting period of one year for certain groups of family members of third country nationals.


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A.4 top Q: Are there already judgments of national courts applying or interpreting the Directive? If so on which issues?

answer Slovakia A: No national judgments of national courts are known.
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A.5 top Q: Did the judgment of the Court of Justice of 27 June 2006 in the case Parliament v. Council (C-540/03) already have any effect on the implementation of the Directive, the national practice or case-law or the legal literature? If so, please specify the effects.

answer Slovakia A: There was no effect of the judgment mentioned on any of the relevant fields in Slovakia. Slovakia did not implement and did not intend to implement any of the provisions at dispute before the Court of Justice.
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B. Questions on specific provisions
B.1 top Q: Article 3(1):
How is the clause: who has reasonable prospects of obtaining the right of permanent residence
implemented in the national law?

answer Slovakia A: Everyone, who does not fall within the scope of Article 3 (2), and has temporary residence permit in Slovakia, is considered according to Slovak legislation as a sponsor, who has reasonable prospects of obtaining the right of permanent residence.
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B.2 top Q: Article 3(3):
Will a third country national also having the nationality of your country be able to rely on the Directive?

answer Slovakia A: A third country national having nationality of Slovakia is not considered to be a third country national for the purposes of the Law No 48/2002 on Residence of Foreigners and on amendments of some acts as amended (Foreigners Law), which implements the Directive. Therefore, he/she will not be able to rely on the Directive.

The conditions for granting residence permit are very similar, more or less the same. Third country nationals, who are family members of Slovak citizens, are entitled to apply for a residence permit at the territory of Slovakia always, when they are staying legally in the country. An other difference is, that third country nationals, who are family members of Slovak citizens, are granted permanent residence permit for the period of five years.


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B.3 top Q: Article 3(3):
Are nationals of your country and their third country national family members entitled to the same treatment, to a more privileged treatment or to less favourable treatment as provided in the Directive? Please specify the differences.

answer Slovakia A: See B.2
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B.4 top Q: Article 4(1):
Has the right to family reunification of spouses and minor children been codified in national law? If so, please mention the relevant provisions of national law.

answer Slovakia A: Yes, the right has been codified in the national law, in particular in the Article 23 (1) of the Foreigners Law as amended by the Law No 558/2005 (Section I, § 25).
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B.5 top Q: Article 4(1) and 4(6): (children over 12 or 15 years)
Does the national law of your country provide special rules concerning the admission of children aged over 12 or 15 years?

answer Slovakia A: There are no special rules concerning the admission of children aged over 12 or 15 years in Slovak law. All unmarried children under 18 years are entitled to temporary residence permit for the purposes of family reunification.
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B.6 top Q: If children over 15 are prevented from applying for family reunification under what conditions are they entitled to reside considering the obligation for Member States second sentence of Article 4(6)?

answer Slovakia A: See B.5
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B.7 top Q: Is your country barred from using the exceptions in Article 4(1) last sentence and Article 4(6) by the standstill-clauses in those two provisions?

answer Slovakia A: See B.5
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B.8 top Q: Article 4(3) (unmarried partners)
Has the provision on the admission of unmarried partners been implemented in national law? If so, under what conditions do they have a right to family reunification?

answer Slovakia A: This provision has not been implemented in Slovak law.
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B.9 top Q: Article 4(5) (minimum age spouse)
Does the national law require a minimum age for the admission of spouses that is higher than 18 years? If so what is the minimum age?

answer Slovakia A: The minimum age for admission of spouses, according to Article 23 (1) (a) of the Foreigners Law as amended by the Law No 558/2005 (Section I, § 25), is 18 years for both, sponsor and his/her spouse.
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B.10 top Q: Article 5(2) (documents and fees)
What kind of documentary evidence has to be presented with a family reunification application?

answer Slovakia A: According to Article 25 (3) of the Foreigners Law as amended the foreigner shall attach to an application for a temporary residence permit documents not older than 90 days confirming:

  • the purpose of stay (spouse – marriage certificate, photocopy of a document on residence of the sponsor; unmarried child under 18 – birth certificate of the child, statutory declaration of the legal representative of the child that the child is unmarried, photocopies of the documents on residence of parents, or photocopy of the document on residence of one parent and photocopy of the decision of the relevant authority on confiding the child to care of the parent; …);
  • blamelessness (criminal records, from country of origin, from Slovakia, and from the country, where he/she was residing for past three years); this shall not apply in the case of a foreigner younger than 15 years;
  • financial coverage of the stay in the sum of the minimum wage (7,600 SKK) for each month of the stay (either a bank statement from a foreigner – family meber, or statutory declaration of a foreigner that he/she will provide for a financial coverage for a family member during his/her stay together with extract from the bank statement or a testimonial from an employer about the income);
  • health insurance on the territory of the Slovak Republic (document issued by any insurance company, which confirms that the foreigner concerned has got his/her medical treatment costs arising in Slovakia insured);
  • secured accommodation in the course of the temporary residence (document on the ownership of the property; or contract of lease and document on the ownership of the property; or acknowledgement of a housing facility on provision of accommodation during the temporary residence; or a statutory declaration of a natural or legal person on provision of accommodation together with a document on the ownership of the property);
  • the foreigner’s long-term residence (document on residence issued in one of the EEC countries containing a statement “person with long-term residence – EC”;
  • a consent of a parent of a child under 18 years to whose custody this child was not placed and who is entitled to meet with this child with family reunification at the territory of Slovakia.

According to Article 25 (5) of the Foreigners Law, a foreign mission or police department may request a foreigner to submit a document not older than 30 days confirming that he/she does not suffer from a contagious disease whose spread is punitive and a document confirming that the foreigner will not constitute a burden to the social security system of the Slovak Republic.


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B.11 top Q: Does the applicant have to pay any fees and, if so, what is the (total) amount of those fees?

answer Slovakia A: The Law No 145/1995 on Administrative Fees (zákon 145/1995 Z. z. o správnych poplatkoch: Collection of Laws (Zbierka zákonov), Vol. 49 (1995)) as amended is among other issues regulating the amount of administrative fees to be paid when applying for temporary residence permit. According to this Law, the fee for the application for the temporary residence permit is 4,000 SKK, and the fee for issuing of the document on residence is 50 SKK. Children under 16 years are exempted from the obligation to pay the administrative fee for the application for the temporary residence permit.
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B.12 top Q: Article 5(3) (place of application)
May an application be submitted when the family members are already residing in the Member State?

answer Slovakia A: According to Article 24 (1) of the Foreigners Law, a foreigner shall submit an application for a temporary residence permit personally, at a foreign mission in the State, which issued a travel document to him/her or at a foreign mission in the State of his/her residence, unless otherwise stipulated by this Law.

Article 24 (2) of the Foreigners Law provides, as regards the issue of family reunification, that in the case of a foreigner who is not required to have a visa, or in the case of children under 18 years, or in the case of direct relatives of persons granted asylum younger than 18 years, or in the case of a stay of a spouse of a person granted asylum, the foreigner may submit an application for a temporary residence permit also at a police department.


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B.13 top Q: Article 5(4) (length of the procedure)
Is there any time limit for the decision on the application by the administration?

answer Slovakia A: According to the Article 26 (3) of the Foreigners Law, a police department shall decide on an application for a temporary residence permit within 90 days; in particularly complicated cases this time limit may be extended by maximally 90 days.
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B.14 top Q: Article 5(5) (interest of the child)
How is the provision that Member States 'shall have due regard to the best interests of minor children' implemented in national law?

answer Slovakia A: Article 26 (1) provides that in its decision-making on an application for a temporary residence permit, a police department shall, among other issues, take into account interests of the foreigner’s minor child, and the foreigner’s personal and family situation.
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B.15 top Q: Article 6 (public policy exception)
How has the public policy and public security exception been implemented and defined in the national law?

answer Slovakia A: Article 26 (2) (b) of the Foreigners law just provides that a police department shall dismiss an application for a temporary residence permit when, among other issues, there is a reasonable suspicion that during his/her stay the foreigner would endanger security of the State, or the public policy. Article 29 (1) (b) of the Foreigners law provides that a police department shall withdraw a temporary residence permit when it determines the facts which constitute a reason for dismissal of an application for a temporary residence permit.
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B.16 top Q: What are the similarities and differences compared to the definitions of the same notions in the context of free movement of EU citizens?

answer Slovakia A: Neither with regard to this Directive, nor with regard to free movement of EU citizens, are the terms public security and public policy defined, or further elaborated.
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B.17 top Q: Article 7(1)(a) and (c)(income and housing)
How is the income requirement specified in the national law?

answer Slovakia A: According to Article 25 (3) of the Foreigners Law as amended, the foreigner shall attach to an application for a temporary residence permit documents not older than 90 days confirming financial coverage of the stay in the sum of the minimum wage (approximately 200 EUR) for each month of the stay. The Attachment to the Order of the Director of the Bureau of Border and Foreigners Police No 53/2005 (“The Attachment to the Order No 53/2005”) provides in its Article 116 that such documents are either a bank statement from a foreigner, or statutory declaration of a foreigner that he/she will provide for a financial coverage for a family member during his/her stay together with extract from the bank statement or a testimonial from an employer about the income.
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B.18 top Q: What is the level of net monthly income required (in euros)?

answer Slovakia A: See B.17
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B.19 top Q: Is there a housing requirement in force, and if so, what is the minimum surface of the accommodation (in square meters)?

answer Slovakia A: There is a housing requirement in Slovak legislation, but it does not provide any specific requirements regarding surface of the accommodation. The only requirement to be fulfilled is that there must be an accommodation secured. The Attachment to the Order No 53/2005 in its Article 116 provides that one of following documents, or sets of documents must be provided:

  • document on the ownership of the property; or
  • contract of lease and document on the ownership of the property; or
  • acknowledgement of a housing facility on provision of accommodation during the temporary residence; or
  • a statutory declaration of a natural or legal person on provision of accommodation together with a document on the ownership of the property.

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B.20 top Q: Article 7(2) (integration measures)
Are family members required to comply with integration measures? If so, do they have to comply before or after admission and what are they actually required to do (follow a course, pass a test, etc.)

answer Slovakia A: There are no integration measures for family members to comply with.
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B.21 top Q: Are there any positive or negative sanctions (privileges, subsidies, fines, residence rights or other) attached to the integration measures?

answer Slovakia A: See B.20
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B.22 top Q: Does the national law distinguish between the concepts 'integration conditions' and 'integration measures' (compare Article 4(1) last indent and 7(2))?

answer Slovakia A: See B.20
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B.23 top Q: Article 8 (waiting period)
Is there any waiting period before the family reunification application can be filed?

answer Slovakia A: No, there is no such waiting period in Slovak legislation.
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B.24 top Q: Article 9(2) (privileges for refugees)
Which privileges granted by the Articles 10-12 are in the national law limited to family relationship that predate the entry of the refugees?

answer Slovakia A: None of the privileges granted by the Articles 10-12 are in Slovak law limited to family relationships that predate the entry of the refugees.
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B.25 top Q: Do other protected persons than Convention refugees benefit from the provisions of Chapter V of this Directive?

answer Slovakia A: No other protected persons than Convention refugees benefit from the provisions of Chapter V of this Directive.
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B.26 top Q: Article 10(3) (family members of unaccompanied minors)
Are the parents, legal guardians or other family members of a refugee who is an unaccompanied minor, entitled to a residence permit under national law?

answer Slovakia A: According to Article 23 (1) (d) of the Foreigners Law, a police department shall grant a temporary residence permit for the purpose of family reunification to a foreigner, who is a direct relative of a person granted asylum younger than 18 years. According to this provision, the minor refugee does not have to be even unaccompanied.
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B.27 top Q: Article 11 (lack of documents)
Which rules on alternatives to official documents in case of lack of official documents proving the family relationship are provided for in the national law?

answer Slovakia A: Article 25 (6) of the Foreigners Law provides that if a foreigner submits an application for a temporary residence permit for the purpose of family reunification with a person granted asylum within three months from granting of the asylum, he/she shall submit, together with the application, only a travel document and a document confirming their relationship or other proof of existence of such relationship. No other rules on alternatives to official documents in case of lack of official documents proving the family relationship are provided for in Slovak law regarding persons granted asylum.
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B.28 top Q: Article 12 (exemption from requirements)
From which requirements for family reunification, mentioned in Article 7 or Article 8, are refugees or their family members explicitly exempted by national law?

answer Slovakia A: From all requirements mentioned in Article 7 of the Directive, persons granted asylum and/or their family members are exempted within three months from granting asylum. The requirements mentioned in Article 8 are not implemented even with regard to other groups of family members.
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B.29 top Q: Article 13(1) (visa facilitation)
How has the obligation to grant third country family members 'every facility for obtaining the required visas' been implemented in national law?

answer Slovakia A: There is just one provision, which makes the obtaining of visa easier for third country family members. According to the Law No 145/1995 on Administrative Fees, individuals, who were issued a short-term visa for the purposes of taking over the temporary residence permit, are exempted from the obligation to pay administrative fees for granting visa.
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B.30 top Q: Article 14 (equal treatment)
How has the right of admitted family members to 'access to employment and self-employment in the same way as the sponsor' been implemented in national law?

answer Slovakia A: Article 23 (3) of the Foreigners Law governs this issue. According to this provision, a foreigner, to whom a police department granted a temporary residence permit for the purpose of family reunification must not undertake business and enter employment relations or similar labour relations in the course of the temporary residence; this shall not apply after 12 months of a continuous stay of a foreigner who was granted a residence permit for the purpose of family reunification with a foreigner who was granted a temporary residence permit for the purposes of undertaking business or employment, or who was granted a permanent residence permit.
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B.31 top Q: Did your country make use of the exception to that equal treatment allowed under Article 14(2) of the Directive?

answer Slovakia A: Slovak Republic used the exception under Article 14 (2) of the Directive in a very general way. There are no conditions under which family members can exercise an employed or self-employed activity, except for a time limit of 12 months, which applies in general, without examining the situation of the labour market.
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B.32 top Q: Article 15 (autonomous residence permit)
After how many years are spouses, unmarried partners and children entitled to an autonomous residence permit under national law? What other conditions are they required to fulfil in order to obtain such a permit?

answer Slovakia A: Spouses and children are entitled to an autonomous residence permit after five years of continuous temporary residence. The autonomous residence permit cannot be obtained earlier.
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B.33 top Q: Under what conditions can an autonomous residence permit be obtained before the period of time normally required under national law?

answer Slovakia A: With this regard, Article 38 (1) (b) provides that a police department shall grant a subsequent permit (permanent residence permit for an indefinite period of time) to a foreigner who was granted a temporary residence permit for the purpose of employment or undertaking business, or to his/her family member granted a temporary residence permit for the purpose of family reunification, or to a family member granted a temporary residence permit for the purpose of family reunification with a foreigner, who was granted a permanent residence permit, provided that his/her previous continuous temporary residence immediately before the application’s submission has lasted for at least five years.
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B.34 top Q: Article 16(1)(a) (resources)
Is the income of family members taken into account for the calculation of the sufficient resources at the time of the renewal of the permit?

answer Slovakia A: Yes, the income of family members can be taken into account. The conditions are the same, as when applying for a residence permit. Financial coverage of the stay in the sum of the minimum wage (7,600 SKK) for each month of the stay is confirmed either a bank statement from a foreigner – family meber, or statutory declaration of a foreigner-sponsor that he/she will provide for a financial coverage for a family member during his/her stay together with extract from the bank statement or a testimonial from an employer about the income.
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B.35 top Q: Article 16(1)(b) (real family relationship)
Does the national law allow for refusal or withdrawal of a residence permit on the ground that the family member does no longer live in a real marital or family relationship? If so, which criteria have to be fulfilled under national law? Is the ground applicable to the relationship between parents and minor children?

answer Slovakia A: There are no provisions with this regard in case of refusal of residence permit. Article 26 (1) (b) to this end only provides that when deciding on an application for a temporary residence permit, a police department shall take into account interests of the foreigner’s minor child, the foreigner’s personal and family situation.

When renewing a residence permit, a police department shall also dismiss an application for renewal of a temporary residence permit in the case when the temporary residence permit was granted for the purpose of family reunification and the husband and wife do not have a joint family life (Article 27 (6) of the Foreigners Law).


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B.36 top Q: Article 16(4) (marriage of convenience)
Does the national law contain provisions on fraud or on marriages or partnerships of conveniences? Is so are the definitions, checks and practices in conformity with Article 16(4)?

answer Slovakia A: As regards refusal of residence permit, according to Article 26 (2) (d) of the Foreigners Law, a police department shall dismiss an application for a temporary residence permit when there is a reasonable suspicion that the foreigner entered into marriage with the aim to obtain a temporary residence permit. The same applies for renewal of residence permit (Article 27 (7) of the Foreigners Law).

Article 29 (1) (d) of the Foreigners Law provides that a police department shall withdraw a temporary residence permit when it determines that the foreigner entered into marriage with the aim to obtain a temporary residence permit.

There are no specific provisions in Slovak Law governing checks and inspections regarding suspected marriage of convenience.


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B.37 top Q: Article 17 (relevant considerations)
How has this clause, requiring that certain specific elements are to be taken into consideration in the decision making on residence permits and removal orders, been implemented in the national law?

answer Slovakia A: Article 26 (1) (b) provides that when deciding on an application for a temporary residence permit, a police department shall take into account interests of the foreigner’s minor child, the foreigner’s personal and family situation, his/her financial situation and the length of his/her previous stay and of the expected stay.

According to Article 27 (4) of the Foreigners Law, if a foreigner does not submit an application for renewal of the residence permit in the time limit set by the law, a police department shall dismiss the application for renewal of the temporary residence permit; this shall not apply if the consequences of the application’s dismissal were inadequate to the reason for dismissal of the application for renewal of the temporary residence permit. In assessing the adequacy, the police department shall take into account the possible consequences of the application’s dismissal, above all with respect to the foreigner’s private and family life.

According to Article 29 (2) of the Foreigners Law, a police department does not withdraw a temporary residence permit, if the consequences of withdrawal of the temporary residence permit were inadequate to the reason of the withdrawal of the temporary residence permit, above all with respect to the foreigner’s private and family life.

As regards expulsion and ban on residence, Article 57 (7) of the Foreigners Law provides that a police department may shorten the time period of a ban on residence or not expel administratively a foreigner who was granted a permanent residence permit if the consequences of expulsion and ban on residence were inadequate with regard to the foreigner’s private and family life and the length of his/her stay.


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B.38 top Q: Article 18 (judicial review)
Are the sponsor and his family members entitled to have a negative decision reviewed by a court or independent tribunal? If so, please specify the relevant provisions in the national law and the scope of the judicial review (full review, review on legality or marginal control only)?

answer Slovakia A: A negative decision can be firstly reviewed in a regular administrative procedure governed by the Act No 71/1967 on Administrative Procedure (zákon č. 71/1967 Zb. o správnom konaní (Správny poriadok): Collection of Laws (Zbierka zákonov), Vol. 27 (1967)) as amended. Only after second negative decision, a complaint to a court is possible.

The decision of the appeal body (the Bureau of the Foreigners and Border Police) can be challenged by the complaint to be lodged at a court (Article 244 of the Code on Civil Procedure as amended – Občiansky súdny poriadok: Collection of Laws (Zbierka zákonov), Vol. 56 (1963)). The complaint can be lodged within 2 months from the service of the decision challenged (Article 250b § 1 of the Code on Civil Procedure). It has not the suspensive effect, however, the execution of the decision in question can by suspended on the request of the party, if the immediate execution could cause a serious damage (Article 250c of the Code on Civil Procedure). The judicial review is a review on legality.


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B.39 top Q: Article 18 (judicial review)
Is (publicly funded) legal aid available for an appeal against a decision to refuse fam-ily reunification or to withdraw the residence permit of a family member?

answer Slovakia A: Publicly funded legal aid is not available for such appeal.
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C. Final questions
C.1 top Q: What are in your view the main strengths and weaknesses of the Directive?

answer Slovakia A: The main strength of the Directive in the light of Slovak legislation is that it establishes a right of family members of third country nationals to residence permit. As a main weakness of the Directive, I would see the fact that the right for family reunification is restricted to spouses only, and that the Directive does not include an obligation for the Member States to right for family reunification also for unmarried and registered partners.
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C.2 top Q: Please add any other interesting information on the Directive or its implementation in your country that might be relevant for our study.

answer Slovakia A: -
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C.3 top Q: Please send us copies of the relevant laws and regulations, of any legal or other publications on the Directive or of judgments of national courts applying or interpreting the Directive, if possible in electronic form.

answer Slovakia A: -
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D. Table
D.1 top Q: This table refers only to mandatory provisions of the Directive.
Please choose for each article one of the four alternative labels:
  • correct transposition
  • no transposition
  • violation of the Directive
  • unclear
If you choose the label 'violation' or 'unclear', please add a footnote with a short explanation.

answer Slovakia
Articles of the
Directive
Opinion about TranspositionExplanation
5(5)correct transposition
10(3)(a)correct transposition
11correct transposition
13(1)unclear According to Article 14 (8) of the Foreigners Law, there is no legal claim for granting visa, except for a certain group of family members of refugees. Therefore, there is no assurance that after acceptation of the application for family reunification, the entry of a family member will be authorised.
14(1)unclear The time limit of 12 months applies in general, without a need to examine the situation of the labour market.
15correct transposition
16(1)(b)correct transposition
17violation As regards expulsion and ban on residence, Article 57 (7) of the Foreigners Law provides that a police department may shorten the time period of a ban on residence or not expel administratively a foreigner who was granted a permanent residence permit if the consequences of expulsion and ban on residence were inadequate with regard to the foreigner’s private and family life and the length of his/her stay. This means that regarding foreigners with temporary residence permit when following the national legislation only, a police department always expels a foreigner, who fulfils one of the reasons for expulsion without considering the consexuences of expulsion on the family life of the foreigner concerned.
18correct transposition


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