ACT No. 48
of 13th December 2001
on Stay of Aliens and on Modifications and Amendment of Some Acts
The National Council of the Slovak Republic passed the following Act:
PART ONE
BASIC PROVISIONS
§ 1
(1) The subject of this Act is to stipulate:
a) terms of the entry of aliens to the territory of the Slovak Republic (hereinafter only the “entry”),
b) terms of the stay of aliens on the territory of the Slovak Republic (hereinafter only the “stay”),
c) terms of issue of documents for aliens,
d) obligations of aliens, other natural persons and legal entities in the field of stay,
e) proceedings in reporting the stay, registration of aliens and revision of stay,
i) offences and other administrative misdemeanors in the field of entry and stay.
(2) An alien is anyone who is not a citizen of the Slovak Republic.
(3) This Act does not apply to aliens who asked for granting refugee status on the territory of the Slovak Republic, who were granted refugee status on the territory of the Slovak Republic, who were granted temporary shelter on the territory of the Slovak Republic, unless otherwise provided by this Act or a special regulation[1].
§ 2
For the purpose of this Act the following is to be understood:
a) a travel documents or another public document, if they are acknowledged as travel documents by the Slovak Republic, timely valid, without impaired complexity and not damaged in such way that the therein done entries would be illegible,
b) continuous stay is the period of stay, based on a permit for stay that starts to run as of the date of entry; the continuous stay does not include the time of imprisonment and continuous time the alien spent abroad exceeding 180 days,
c) a border check point is a venue determined by international treaty for the entry and exit of an alien from the territory of the Slovak Republic (hereinafter only “exit”), a border check point is to be understood also a public airport or port determined for entry and exit,
d) an undesirable person is an alien who was administratively expelled or who was sentenced with expulsion[2],
e) an operator of an accommodation facility is a legal entity or a natural person operating an accommodation facility,
f) transporter is a legal entity or a natural person with authorization for passenger transport,
g) a facility is a place, in which an alien is obliged to stay, based on a decision on detention pursuant to this Act.
CATCH ONE
TERMS OF ENTRY
§ 3
(1) The entry is possible only with a travel document and a visa of the Slovak Republic (hereinafter only the “visa”) or with a travel document and a residence permit. A visa is not required if it is stipulated by an international treaty, by which the Slovak Republic is bound (hereinafter only ”international treaty”) or by the government of the Slovak Republic.
(2) The entry is possible only through a border checkpoint determined for international tourist traffic during the time of its operation, unless otherwise provided by an international treaty.
(3) The entry of an alien younger than 16 years, who does not hold a travel document, is possible only if accompanied by a person, in the passport of whom he/she is registered. Does this person have visa obligation, the alien younger than 16 years has to be registered in the visa as well.
§ 4
(1) At the entry the alien is obliged to submit to border control.
(2) At the execution of border control the alien is obliged, upon request
a) submit documents pursuant to § 3 Par. 1,
b) submit a document on health insurance for coverage of costs related to the provision of health care to an alien on the territory of the Slovak Republic (hereinafter only “document on health insurance”),
c) prove financial coverage for the stay, in convertible currency, at least in the amount of half the minimal wage determined by a special regulation[3] for each day of the stay; an alien younger than 16 years is obliged to prove the financial coverage for the stay in half the amount.
§ 5
(1) A member of the Police Corps (hereinafter only the “policeman”) is entitled to execute border control consisting of:
a) check of documents pursuant to § 3 Par. 1,
b) identifying and proving the identity of an alien,
c) review of the data on the alien in information systems of the Police Corps, maintained pursuant to special regulation[4],
d) check of documents proving the purpose of stay, the financial coverage of the stay and of the document of health insurance,
e) other acts pursuant to special regulation[5]
(2) The policeman is at the border control entitled to cancel the visa, if
a) the alien is an undesirable person,
b) there is well-grounded suspicion that the alien could endanger the security of the country, public order, health or rights and liberties of others and on reserved territories also if it is for the interest in protection of the nature.
(3) If the policeman, based on an international treaty, executes border control outside the territory of the Slovak Republic, this control and acts related to it shall have equal legal effects as border control executed on the territory of the Slovak Republic.
(4) If the policeman, during the border control, finds out that the alien submitted a false or modified travel document, he is entitled to withhold such document. He may also withhold a travel document that was issued to a different person and was submitted by the alien as it would be his/her own document, or if the authority of the country that issued the document, declared it invalid or alienated.
(5) The policeman is entitled to record the border control executed into the alien’s travel document.
(6) The provisions of § 4 Par. 1 and 2 Letter a) and of sections 1 to 6 apply accordingly to exit as well.
§ 6
Denial of Entry
(1) The policeman denies entry, if
a) the alien is an undesirable person,
b) there is well-grounded suspicion that the alien could endanger the security of the country, public order, life, health or property or could violate other rights and liberties,
c) it is in the interest of protection of nature,
d) the alien does not meet the terms of entry pursuant to § 3,
e) the alien refuses submission to border control,
f) there is well-grounded suspicion that the alien could misuse the stay for a different purpose than stipulated by an international treaty, the government of the Slovak Republic or for a purpose different from the one for which visa was granted or
g) the alien failed to pay his/her financial obligations against the Slovak Republic.
(2) The policeman may deny entry, if
a) the travel document of the alien is full with official entries or
b) a different border checkpoint has been determined for the entry (§ 14 Par. 5).
(3) At the decision making upon the denial of entry pursuant to section 2 the policeman shall focus on maintaining adequacy between the reasons for denial of entry and consequences of this denial.
(4) If an alien was denied entry pursuant to section 1 or 2, can not, for legal or other material obstacles, leave the venue of border control immediately, the policeman may order him/her to stay for a certain time at the place determined for it.
(5) The policeman is entitled to record the denial of entry into the travel document of the alien.
(6) To the procedure on denial of entry the general regulation on administrative procedure[6] does not apply.
§ 7
Exclusion of Denial of Entry
It is not possible to deny entry to an alien who during the border control asked for refugee status on the territory of the Slovak Republic, for the provision of temporary shelter on the territory of the Slovak Republic, whom a temporary shelter on the territory of the Slovak Republic was granted or for whom a travel documents for aliens has been issued (§ 48).
CATCH TWO
VISA
§ 8
Visa Types
The alien may be granted
a) airport transit visa,
b) transit visa,
c) short-term visa,
d) long-term visa.
§ 9
Airport Transit Visa
The airport transit visa entitles the alien to stay during waiting for an air connection mentioned in the air ticket in the transit area of a public airport on the territory of the Slovak Republic.
§ 10
Transit Visa
(1) The transit visa entitles the alien to transit the territory of the Slovak Republic at his/her passage from one country to the territory of a third country (hereinafter only the “transit”). The transit must not exceed five days.
(2) The aggregate number of days of several transits must not exceed 90 days in one half-year.
(3) The section of the Police Corps (hereinafter only the ”police section”) may grant an alien a transit visa for the transit at the order check point for humanitarian reasons, if the alien proves that the transit is urgent and he/she could not presume it or if granting the visa is in interest of the Slovak Republic.
§ 11
Short-term Visa
(1) A short-term visa entitles an alien to one or several entries and for a duration of stay determined in the visa; neither a continuous stay nor the aggregate of days of several stays must exceed 90 days in one half-year.
(2) The police section may grant short-term visa at the border check point for humanitarian reasons, if the alien proves that the transit is urgent and he/she could not presume it or if granting the visa is in interest of the Slovak Republic. In such cases the validity of the visa granted must not exceed 15 days.
§ 12
Long-term Visa
A long-term visa entitles an alien to entry and stay for a period longer than 90 days in one half-year, if it is necessary for the meeting of obligations of the Slovak Republic resulting from international treaties.
§ 13
(1) An alien shall submit a visa application in person, on an official form at the diplomatic mission or consulate office of the Slovak Republic abroad (hereinafter only the “foreign mission”), unless otherwise provided by this Act.
(2) To the visa application the alien is obliged to enclose the travel documents and two photos of the same negative or produced by a machine with simultaneous exposition of several focuses, with measures of 3 x 3,5 cm showing his/her current appearance, with three-quarter profile of the face.
(3) The foreign mission is entitled to record the acceptation of the visa application into the travel document of the alien.
(4) To the visa application the alien is obliged, upon request, to submit documents proving the purpose of stay, the financial coverage of the stay, coverage of costs for departure, a document on health insurance and other documents pursuant to this Act, not older than 90 days, necessary for the decision on the visa application. Upon request the alien shall appear in person for an interview.
(5) The foreign mission may grant visa if it is interest of the Slovak Republic.
§ 14
(1) At granting visa to an alien the foreign mission respects above all
a) the security needs of the country, maintaining of public order, protection of health or protection of rights and liberties of others and the interest in protection of the nature,
b) purpose of the assumed stay,
c) his/her previous stay,
d) the interest of the Slovak Republic.
(2) Granting visa may be subject to an invitation verified by a police section, to the down payment of a financial amount at the foreign mission in the amount of inevitable costs related to the travel leaving the country and to submission of a return ticket or a return air ticket. If an alien leaves the country without having used this deposited financial amount; this amount will be returned.
(3) The foreign mission may grant visa with the consent of the Ministry of Interior of the Slovak Republic (hereinafter only the ”Ministry of Interior”) only, by which the foreign mission shall be bound; the Ministry of Interior and the Ministry of Foreign Affairs of the Slovak Republic (hereinafter only the “Ministry of Foreign Affairs”) may agree upon cases in which the foreign mission may grant visa also without the consent of the Ministry of Interior.
(4) The visa is granted into the travel document in form of a sticker. The visa validity must expire at least 90 days prior to the expiration date of the travel document.
(5) The foreign mission is entitled to determine at what border checkpoint the alien has to enter the country; this will be recorder in the visa.
(6) The foreign mission decides upon the visa application within 30 days following the date of its acceptation.
(7) There is no legal title for granting a visa.
(8) The police section is entitled to cancel the visa, if they detect facts, which would give reason for not granting the visa, or the alien, is administratively expelled.
(9) To the decision making in visa granting procedure and visa cancellation the general regulation on administrative procedure6 does not apply.
§ 15
Invitation
(1) The invitation is to be submitted on an official form, in which the data on the inviting person, invited alien, purpose for which the alien is invited to the territory of the Slovak Republic and the commitment of the inviting person to cover all costs related to the stay and leaving of the invited alien are stated. The inviting person is obliged to prove that he/she is able to cover all costs related to the stay and leaving of the alien invited. The police section shall verify the leaving of the alien invited.
(2) A citizen of the Slovak Republic with permanent residence permit on the territory of the Slovak Republic, a foreigner with permitted temporary stay or a foreigner with the permit for permanent residence permit may invite their parent, child, grand-parent, grand-child, sibling, husband, wife, son-in-love or daughter-in-love to the territory of the Slovak Republic; he/she may invite another person with the consent of the Ministry of Interior only, this is to be required by the police section, which shall verify the invitation.
(3) A legal entity or a natural person entitled to entrepreneurial activities may invite an alien executing similar activities to the territory of the Slovak Republic.
(4) The invitation is to be verified by the police section competent according to the venue of stay of the inviting person mentioned under section 2, of the inviting natural person or according to the main seat of the inviting legal entity.
(5) The police section shall not verify the invitation, if
a) the invited alien is an undesirable person,
b) the invitation does not include all necessary details pursuant to section 1,
c) there is well-grounded suspicion that the purpose of alien’s stay mentioned in the invitation does not correspond with the real purpose of invitation,
d) there is well-grounded suspicion that the invited alien may at his/her stay threaten the security of the country, public order, health or rights and liberties of others and in reserved territories also the nature or
e) is not given the consent of the Ministry of Interior pursuant to Section 2, in case if it is required.
(6) The police section decides on the verification of the invitation within 15 days following the date of the acceptation of the request for verification of the invitation.
(7) To the decision on verifying the invitation the general regulation on the administrative procedure6 does not apply.
§ 16
Special Provision on Aliens Enjoying Diplomatic Privileges and Immunity
(1) The Ministry of Foreign Affairs of the Slovak Republic grants visa pursuant to § 8 as diplomatic visa or special visa[7] into the travel document, if the granting of such is requested by a diplomatic note of a foreign country to an alien who is
a) registered in the diplomatic protocol of the Ministry of Foreign Affairs, and to his family members who live with him/her in joint household in the venue of appointment, or
b) a member of staff of foreign mass media registered at the Ministry of Foreign Affairs.
(2) The foreign mission competent according to the seat of duty of the holder of a diplomatic passport, official passport or similar passport grant visa pursuant to § 8 as diplomatic visa or special visa, if the granting is requested by a diplomatic note of a foreign country and the alien
a) is accredited in the diplomatic protocol of the Ministry of Foreign Affairs and has his/her seat outside the territory of the Slovak Republic,
b) enters the territory of the Slovak Republic as a member of diplomatic staff, member of the administrative, technical and official staff or his/her family member living with him/her in a joint household,
c) enters the territory of the Slovak Republic for the purpose of official visits and negotiations, or
d) is employed at the foreign mission of a foreign country abroad and accompanies diplomatic members of staff regularly at his/her journeys to the territory of the Slovak Republic.
CATCH ONE
TEMPORARY STAY
§ 17
General Provisions
(1) The permit for temporary stay entitles the alien to stay on the territory of the Slovak Republic and to travel abroad during the time, for which the police section issued the permit for temporary stay.
(2) A permit for temporary stay is not required from an alien who has been granted the statute of a Slovak living abroad.[8]
(3) The police section may, upon alien’s request, grant permit for temporary stay for a time necessary for achieving its purpose, at maximum for one year, unless otherwise provided by this Act.
(4) The permit for temporary stay is bound to one purpose. Does the alien intent to execute a different activity than for which the permit for temporary stay was granted he/she has to submit a new application for granting of temporary stay.
§ 18
Purpose of Temporary Stay
The permit for temporary stay may be granted to an alien by a police section for the following purpose:
a) business activities,
b) employment,
c) studies,
d) activity according to special programs, or
e) family reunification.
§ 19
Business Activity
(1) The permit for temporary stay for the purpose of business activity may be granted to the alien by a police section, based on a trade license issued pursuant to special regulation[9].
(2) An alien who has been granted permit for temporary stay for the purpose of business activity must not enter employment or similar labour relations[10].
§ 20
Employment
(1) The permit for temporary stay for the purpose of employment may be granted by a police section to an alien, based upon an employment permit granted pursuant to special regulation10, unless otherwise provided by an international treaty.
(2) A police section may grant the permit for temporary stay for the purpose of season employment to an alien following the meeting of all conditions pursuant to section 1, for maximum 180 days in a calendar year.
(3) An alien who has been granted permit for temporary stay for the purpose of employment must not execute business activities.
§ 21
Studies
(1) The permit for temporary stay for the purpose of studies may be granted by a police section to an alien who attends an elementary school or studies at a secondary school, a secondary technical school, a secondary apprentice school or at a university or participates in life-long education.
(2) The permit for temporary stay pursuant to sections 1 may be granted by a police station only to an alien who has been accepted to a state school or a school acknowledged by the state.
(3) An alien who has been granted permit for temporary stay by the police section for the purpose of studies, must not during his/her studies execute business activities and enter employment relations or similar labour relations.
§ 22
Activity in the Framework of Specific Programs
A permit for temporary stay for the purpose of activities in the framework of specific programs may be granted by the police station to an alien for research, scientific, lecturer activities, or if it is necessary, for meeting the commitment of the Slovak Republic entailed from an international treaty.
§ 23
Family Reunification
(1) A permit for temporary stay for the purpose of family reunification may be granted by a police section to an alien, who is
a) a spouse of an alien who holds a permit for temporary stay or a permanent residence permit, if the marriage lasts at least for one year,
b) a minor child of aliens who hold a permit for temporary stay or of an alien having a permit for temporary stay, and who cares for the child based on the law or a decision of the respective authority, or
c) a single parent depending upon the care of a citizen of the Slovak Republic with permanent residence permit on the territory of the Slovak Republic or of an alien with permanent residence permit.
(2) The police section may grant permit pursuant to section 1 at the latest after one year of the stay of an alien with permit for stay, if his/her further stay shall last for at least two years.
(3) An alien who was granted by the police section permit for temporary stay for the purpose of family unification must not during his/her temporary stay execute business activities and enter employment relations or similar labour relations.
§ 24
Application for Granting the Permit for Temporary Stay
(1) The alien has to submit the application for granting permit for temporary stay in person, abroad, at the foreign mission in that country, which issued his/her passport, or at a foreign mission in a country, where he/she has his residence, unless otherwise provided by this Act; if there is no such foreign mission, he/she shall submit the application at a foreign mission determined by the Ministry of Foreign Affairs in agreement with the Ministry of Interior.
(2) The alien applying for granting of permit for temporary stay for the purpose of studies, may apply for granting permit for temporary stay also at the police section, if he/she was granted a scholarship by the government of the Slovak Republic, or if he/she continues in studies in form of doctor studies or if he/she executes post-graduate academic activities in the framework of further studies.
(3) The alien who has been granted permit for temporary stay for the purpose of family reunification with an alien, who was or has been granted a permit for temporary stay for the purpose of business activities or employment, may apply for granting of permit for temporary stay also at a police section , if
a) he/she got widowed or his/her marriage has been divorced and his/her continuous temporary stay on the territory of the Slovak Republic lasts for at least five years, or
b) attained his/her majority.
§ 25
(1) The alien submits the application for granting permit for temporary stay on an official form. To the application for granting permit for temporary stay the alien is obliged to submit his/her travel document. If the alien fails to submit a travel document, the foreign mission or the police section shall not accept his/her application for granting permit for temporary stay.
(2) To the application for granting permit for temporary stay the alien is obliged to enclose three photos of one and the same negative or produced by a machine with parallel exposition of several focuses, with measures 3 x 3,5 cm showing his/her current visage with a three-quarter profile of the face.
(3) To the application for granting permit for temporary stay the alien shall enclose documents not older than 90 days, confirming
a) the purpose of stay,
b) blamelessness,
c) financial coverage of the stay,
d) health insurance on the territory of the Slovak Republic,
e) accommodation ensured during the temporary stay.
(4) The foreign mission or the police section may require the alien to submit a document no older than 30 days confirming the fact that he/she does not suffer from an infectious disease the spreading of which is punishable[11], and a document showing that he/she will be no burden for the social security system in the Slovak Republic.
(5) The alien shall prove the financial coverage of the stay in the amount of four times the minimal wage3 per each month of the stay, at least for one year; an alien younger than 16 years in half the amount of the minimal wage. The alien applying for granting permit for temporary stay for the purpose of studies shall prove the financial coverage with an certificate of a legal person that ensures his/her studies, in the amount of minimal wage per each month of the assumed stay.
(6) Does the application for granting permit for temporary stay not include all necessary details pursuant to sections 2 to 5, the body which accepted the application shall call on him/her to remove the defects within a certain period; at the same time it shall inform him/her on the consequences of failure to remove the defects. If the applier fails to remove the defects within the determined term, the police section shall discontinue the procedure.
§ 26
Deciding on the Application for Granting Permit for Temporary Stay
(1) At the decision of the police section on the application for granting permit for temporary stay the following is decisive:
a) public interest, especially the security aspect, economic needs of the Slovak Republic, mainly if the business activity of the alien is a contribution for the economy of the Slovak Republic, situation and development in the labour market and public health,
b) personal and family circumstances of the alien, his/her financial situation and length of the stay by now and the assumed stay.
(2) The police section shall reject the application for granting permit for temporary stay, if
a) the alien is an undesirable person,
b) at the decision making on the application for granting permit for temporary stay they detect that the alien’s stay is not inevitable for achieving his/her intentions,
c) there is well-grounded suspicion that the alien could endanger the security of the country, public order, life, health or property or it is in the interest of environmental protection,
d) it may be presumed that the alien will be a burden for the social security system and health care system of the Slovak Republic,
e) there is well-grounded suspicion that the alien contracted a marriage with the aim of acquiring permit for temporary stay.
(3) The police section decides on the application for granting permit for temporary stay within 180 days following the submission of the application.
(4) If the application for granting permit for temporary stay is allowed, no decision is to be issued.
(5) The alien does not have a legal title for granting permit for temporary stay.
§ 27
(1) The police section may renew the permit for temporary stay
a) at maximum within 180 days, if a permit for temporary stay for the purpose of seasonal employment has been granted for less than 180 days and the completion of work requires the stay,
b) at maximum for three years, if the assumed alien’s stay will last for at least three years,
c) at maximum for five years for the purpose of business activity or employment, if the previous continuous temporary stay of the alien on the territory of the Slovak Republic for the purpose of business activity or employment lasts for more than ten years, or
d) at maximum for five years for the purpose of family reunification for the husband or a minor child of an alien whose continuous temporary stay for the purpose of family reunification lasts for more than ten years, with an alien with permit for temporary stay pursuant to letter c) or an alien who attained majority and is depending upon the parent’s care.
(2) The alien in person, at the police section shall submit the application for renewal of the permit for temporary stay on official form. To the application for renewal of the permit for temporary stay the alien is obliged to enclose a certificate on paid tax and customs duties, insurance premium for health insurance, insurance premium for rental insurance and insurance premium for unemployment insurance. Is the alien no taxpayer or is he/she not obliged to pay insurance premium for health insurance, insurance premium for rental insurance and insurance premium for unemployment insurance, the alien shall submit a document certifying this fact.
(3) The alien shall submit the application pursuant to section 2 no later than 60 days prior to the expiration of validity of the permit for temporary stay. The police section shall decide upon the application no later than within seven days prior to the expiration of validity of the permit for temporary stay.
(4) Shall the alien fail to submit the application pursuant to section 3; the police section will reject the application for renewal of the permit for temporary stay.
(5) The permit for temporary stay is, until the decision on the renewal of the permit for temporary stay, deemed valid.
(6) The police section shall reject the application for renewal of the permit for temporary stay, besides for the reasons mentioned under § 26 Par. 2 also in that case if the spouses do not lead a joint family life, if the permit for temporary stay has been granted for the purpose of family reunification.
(7) For deciding upon the renewal of the permit for temporary stay the provisions on deciding on applications for temporary stay apply, unless otherwise provided.
(8) With the application for the renewal of permit for temporary stay for business purpose the alien is obliged to verify that he/she is able to earn living for him/her or his/her family out of the profit from such business.
§ 28
Expiration of the Permit for Temporary Stay
The permit for temporary stay shall expire, if
a) the alien reports the end of his/her stay in written to the police section,
b) the validity of the permit for temporary stay expired,
c) the alien has been sentenced with expulsion2,
d) the alien has been administratively expelled,
e) the police section cancelled the validity of the permit for temporary stay.
§ 29
Canceling of the Permit for Temporary Stay
(1) The police section shall cancel the permit for temporary stay, if
a) the purpose, for which the alien has been granted permit for temporary stay, expired,
b) they detect facts giving grounds for the rejection of the application for granting permit for temporary stay,
c) the alien is continuously abroad for more than 180 days, without a consent of the police section,
d) the detect that the alien contracted a marriage with the aim of acquiring a permit for temporary stay, or
e) the alien in a grave way or repeatedly failed to meet an obligation stipulated by this Act.
(2) In its decision on canceling the permit for temporary stay the police section shall at the same time determine a reasonable period of time for the alien to leave the country, at maximum 30 days.
§ 30
(1) An alien, who is citizen of a member country of the parties to the European Association Treaty[12] (hereinafter only the “citizens of the Union” is, based on a registration, entitled to a temporary stay maximum one year for the purpose of
a) executing economic activities[13],
b) employment[14] ,
c) employment pursuant to a special regulation 10, or
d) execution of activity of a pre-accession advisor in the framework of the integration procedure of the Slovak Republic to the European Union.
(2) The spouse and minor child of a citizen of the Union, who is entitled to temporary stay based upon registration, are entitled to a permit for temporary stay based on registration for the purpose of family reunification for the same time as a citizen of the Union whom with they apply for family reunification.
§ 31
(1) The citizen of the Union and a person pursuant to § 30 Par. 2 (hereinafter only the “applicant for registration”) shall submit an application for the registration in person, on an official form, at the diplomatic missions pursuant to § 24 Section 1 or at the police section.
(2) To the application the applicant for registration shall submit the travel document as well as documents acknowledging the purpose of the stay, arranged accommodation, document that he/she will be no burden for the social security system and for the health care system of the Slovak Republic, and three photos pursuant to § 13 Par. 2.
(3) At the registration the police section is in well-grounded cases entitled to ask for the document of integrity (clear criminal record) and for further documents, which are necessary for the establishment of facts essential for the registration; the applicant for registration is obliged to enclose these documents upon request.
(4) The police section shall decide on the registration within 14 days following the acceptation of the application.
(5) The police section shall reject the application for registration if there are grounds for it pursuant to § 26 Par. 2 Letter a) and c) to e).
§ 32
(1) The application for renewal of the registration shall be submitted by a registered alien no later than 14 days prior to the expiration of its validity. The police section may, upon request of the registered alien, renew the registration for maximum three years.
(2) If the registered alien fails to submit an application within the term pursuant to section 1, the police section shall reject the application for the registration renewal.
(3) To the deciding on the application of the registration renewal § 31 applies.
§ 33
To expiration and cancellation of the registration § 28 and 29 apply accordingly.
CATCH TWO
PERMANENT RESIDENCE
§ 34
(1) The permanent residence permit entitles the alien to stay on the territory of the Slovak Republic and to travel abroad and back to the territory of the Slovak Republic during the time, for which the police section granted the permanent residence permit, unless otherwise provided by this Act.
(2) Based on the application the police section may grant permanent residence permit for the first time for three years (hereinafter only the “first permit”). After the end of three years the police section may, based upon the application, grant permanent residence permit for an indefinite period of time (hereinafter only the “subsequent permit”).
§ 35
First Permit
The police section may grant the first permanent residence permit to an alien,
a) who is spouse or minor child of a citizen of the Slovak Republic with permanent residence on the territory of the Slovak Republic,
b) who is a minor child of an alien, who is spouse of a citizen of the Slovak Republic with permanent residence on the territory of the Slovak Republic and the child was entrusted to his/her care,
c) who is at least three years the spouse of an alien with permanent residence permit for at least three years,
d) who is a minor child of an alien with permanent residence permit for at least three years,
e) whose previous continuous temporary stay for the purpose of business activity or employment lasts more than ten years,
f) who is the spouse or child of an alien pursuant to Letter a) or
g) if it is in the interest of the Slovak Republic’s foreign policy.
Application for Granting the First Permit
§ 36
(1) The application for granting the first permit shall be submitted by the alien in person at a foreign mission pursuant to § 24 Par. 1, unless otherwise provided by this Act.
(2) The alien mentioned under § 35 Letter e) to g) or an alien who has been granted the status of a Slovak living abroad 8, may submit an application for the first permit also at a police section, whereby the alien mentioned under § 35 Letter g) does not need to submit the application in person.
§ 37
(1) The application for granting the first permit shall be submitted by the alien on an official form.
(2) To the application for granting the first permit the alien is obliged to submit the travel document and enclose three photos pursuant to § 13 Par. 2.
(3) To the application for granting the first permit the alien shall enclose documents not older than 90 days, acknowledging
a) the purpose of stay,
b) clear criminal record,
c) financial coverage of the stay,
d) health insurance on the territory of the Slovak Republic,
e) that he/she will be no burden for the social security system of the Slovak Republic,
f) arrangement of accommodation during permanent residence.
(4) The foreign mission or the police section may ask the alien to submit a document no older than 90 days certifying the fact that he/she does not suffer from an infectious disease the spreading of which is punishable[15], and further documents necessary for the establishment of facts essential for the decision on the application for granting permanent residence permit.
(5) The alien shall prove the financial coverage of the stay in the amount of four times the minimal wage3 per each month of the stay, at least for one year; an alien younger than 16 years in half the amount of the minimal wage.
(6) If the alien applies for granting the first permit pursuant to § 35 Letter a) and f), he/she is obliged also to verify that for the entire period of the temporary stay he/she was not a debtor of insurance premium for health insurance, insurance premium for sickness insurance, insurance premium for rental insurance and insurance premium for unemployment insurance, and that as of the date of application he/she does not have any tax or customs debts.
(7) The police section shall decide on the application for granting the first permit within 180 days following the submission of the application.
§ 38
Subsequent Permit
(1) The police section may grant the subsequent permit to an alien, who has been granted the first permit.
(2) The alien shall submit the application for granting the subsequent permit in person, on an official form, at the police section.
(3) To the submission of the application for granting the subsequent permit § 37 applies accordingly.
(4) The alien may submit the application pursuant to section 2 no later than 60 days prior to the expiration of validity of the first permit. The police section shall decide on this application no later than 14 days prior to expiration of validity of the first permit.
(5) If the alien fails to submit an application in the term pursuant to section 4; the police section shall reject the application for granting the subsequent permit.
(6) Till the decision on application for granting the subsequent permit is made the first permit is deemed valid.
§ 39
Deciding upon Application for Granting Permanent Residence Permit
(1) At deciding upon granting the permanent residence permit the police section considers
a) the public interest, especially the security aspects, economic needs of the Slovak Republic, especially whether the alien's entrepreneurial activity is a contribution for the economy of the Slovak Republic, to the situation and development in the labour market and to public health,
b) to alien’s personal and family circumstances, his/her financial situation and the duration of his/her hitherto stay and presumed stay,
c) the degree of integration into society.
(2) The police section shall reject the application for granting permanent residence permit, if
a) the invited alien is an undesirable person,
b) the alien failed in grave way or repeatedly to meet the obligation stipulated by this Act,
c) there is well-grounded suspicion that the alien could endanger the security of the country, public order, life, health or property or it is in the interest of environmental protection,
d) there is well-grounded suspicion that the alien contracted a marriage with the aim of acquiring a permanent residence permit, or
e) the spouses do not lead a joint family life, or if they did not contract a marriage pursuant to a special regulation[16] if the purpose of application for granting permanent residence permit is family reunification.
(3) Does the application for granting permanent residence permit not include all the necessary details pursuant to § 37 Section 2 to 6, the body, which has accepted the application, shall call on the applicant to remove defects within a certain term; at the same time it shall inform him/her on the consequences of failure to remove the defects. Shall the applicant fail to remove defects within a certain term, police section shall discontinue the procedure.
(4) The alien does not have any legal title to be granted permanent residence permit.
§ 40
The Ministry of Interior may grant permanent residence permit without meeting the conditions stipulated by this Act, if is it necessary for providing protection and assistance to a witness pursuant to special act[17].
§ 41
Expiration of the Permanent Residence Permit
The permanent residence permit shall expire, if
a) the alien reports the end of his/her stay in written,
b) the validity of the first permit granted to the alien has expired and he/she does not apply for subsequent permit,
c) the alien has been sentenced with expulsion2,
f) the alien has been administratively expelled,
g) the police section cancelled the validity of the permanent residence permit, or
h) the alien has been granted citizenship of the Slovak Republic.
§ 42
Cancellation of the Permanent Residence Permit
(1) The police section shall cancel the permanent residence permit, if
a) they detect facts giving grounds for the rejection of the application for granting permanent residence permit,
b) the alien is continuously abroad for more than 180 days, without a consent of the police section,
c) the detect that the alien contracted a marriage with the aim of acquiring a permanent residence permit,
d) the purpose, for which the alien has been granted permanent residence permit, expired,
e) the alien has been granted permanent residence permit for the purpose of family reunification with a spouse and his/her marriage expired within five years following granting the firs permit, or
f) the alien in a grave way or repeatedly failed to meet an obligation stipulated by this Act.
(2) In its decision on canceling the permanent residence permit the police section shall at the same time determine a reasonable period of time for the alien to leave the country, at maximum 30 days.
CATCH THREE
TOLERATED STAY
§ 43
(1) The police section shall grant permit for tolerated stay to an alien,
a) if there is a hindrance for his/her administrative expulsion pursuant to § 58,
b) who has been granted temporary shelter1 or
c) if his/her traveling leaving the country is not possible and there is no ground for his/her detention.
(2) Upon application of the alien the police section shall grant permit for tolerated stay for maximum of 180 days according to facts established, which give grounds for its granting.
(3) The police section may also repeatedly prolong the tolerated stay; thereby they are obliged to verify whether the grounds for granting permit continue. For this purpose they are entitled to require from the alien the submission of a document certifying the hindrance for his/her exit.
(4) During the validity of the permit for tolerated stay the alien is not allowed to execute business activities pursuant to special regulation9 and enter into employment relation or similar labour relation pursuant to special regulation10; the prohibition of entering an employment relation or a similar labour relation does not apply to aliens pursuant to Section 1 Letter b).
(5) Upon request of an alien who has been granted tolerated stay pursuant to section 1 Letter a) the police section may, following the expiration of first three years from granting tolerated stay, grant a permit for temporary stay for the purpose of employment.
§ 44
(1) Shall the ground for which the permit for tolerated stay has been granted expire, the alien is obliged to indicate this fact to the police section no later than within 15 days following the date when he/she was informed on this fact.
(2) The police section shall cancel the permit for tolerated stay if they establish that the grounds for which the permit for tolerated stay has been granted, has expired and at the same time determine a reasonable period of time for the alien to leave the country, at maximum 30 days.
CATCH FOUR
BIRTH OF AN ALIEN ON THE TERRITORY OF THE SLOVAK REPUBLIC
§ 45
(1) Is an alien born on the territory of the Slovak Republic, whose parent has been granted permit for stay, the parent of the child born on the territory of the Slovak Republic may, within 90 days following the birth date of the child, apply at the police section for granting permit for stay of the same type.
(2) To the application the parent shall enclose
a) travel document of the child,
b) birth certificate of the child,
c) three photos of the child,
d) document on health insurance and document on financial coverage of the child’s stay,
e) document on arrangement of accommodation.
(3) Shall the parent of an alien born on the territory of the Slovak Republic not apply for granting of permit for stay, he/she shall ensure the child’s leaving the country within a term pursuant to section 1.
(4) Until the decision upon the application pursuant to section 1 the stay of the alien born on the territory of the Slovak Republic is deemed permitted.
DOCUMENTS FOR ALIENS
DOCUMENT ON PERMIT FOR STAY
§ 46
(1) To the alien who has been granted permit for stay or awarded the refugee status on the territory of the Slovak Republic1 , the police section shall issue a document on permit for stay in form of a sticker; to a citizen of the Union upon request, or in the event if it is not possible to use the document on permit for stay in form of a sticker, the police section shall issue a document on permit for stay in form of an identification card.
(2) The police section shall determine the term of validity of the document for stay according to the time of the permitted stay for a maximum of five years; the validity of the document on the permit for stay must terminate at least 90 days prior to the expiration of validity of the alien’s travel document.
(3) The alien is obliged no later than within 30 days following the termination of validity of the document for stay to apply for issue of a new document on permit for stay.
§ 47
Alien Passport
(1) The alien passport is a document entitling the alien to travel abroad.
(2) The alien passport shall be issued by the police section to an alien, who does not hold an own travel document a it is not possible to arrange one, neither through the foreign mission of the state, the citizens of which the alien is and
a) who has been granted permit for tolerated stay,
b) upon whom has been decided that he/she shall be administratively expelled or who was punished with expelling, or
c) who is to be expelled from the territory of the Slovak Republic, or
d) who was born on the territory of the Slovak Republic.
(3) The police section shall determine the validity of the alien passport for the inevitable time, for maximum of one year. The police section may prolong the validity of the alien passport for several times.
(4) The police section, according to the purpose for which they issued it shall determine the territorial validity of the alien passport.
(5) The police section shall revoke the alien passport if the grounds for its issue expired.
(6) For the procedure on issue or revocation of alien passport the general regulation on administrative procedure does not apply6.
§ 48
Travel Document of an Alien
(1) The travel document of an alien, which is issued to a stateless person, who has been granted permit for stay on the territory of the Slovak Republic and to a person, who has been awarded the refugee status on the territory of the Slovak Republic is regulated by special regulation18.
.
PART
FIVE
OBLIGATIONS OF ALIENS AND OTHER NATURAL PERSONS AND LEGAL ENTITIES,
CONTROL OF THE STAY AND ALIEN REGISTRATION
CATCH ONE
OBLIGATIONS OF ALIENS
§ 49
(1) The alien is obliged
a) apply in written for a consent of the police section with a continuous stay for more than 180 days for material grounds outside the territory of the Slovak Republic, if he/she has been granted a permit for stay,
b) indicate truthful and complete all required data in the extent stipulated by this Act,
c) upon request of the policeman, to prove the identity and title for stay by submission of a travel document , or if he/she is not a holder of a travel document, by submission of a permit for stay or of an identification card issued by the Ministry of Foreign Affairs to foreign persons enjoying diplomatic privileges and immunity pursuant to international law,
d) at the control of stay to submit a document on health insurance,
e) at the control of stay to prove financial coverage of the stay,
f) report to the police section alterations in first name and family name, marital status, nationality, data in the travel document, within three days following the day when such alteration occurred, and the exchange of the travel document,
g) to protect documents pursuant to this Act against loss, theft, damage or misuse,
h) to report the loss, theft or damage of the travel document or documents issued pursuant to this Act, to the police section within three days following the day when he/she was informed on it,
i) appear upon request at the police section in connection with the procedure pursuant to this Act,
j) after discontinuation of studies, exclusion from studies or termination of studies to leave the territory of the Slovak Republic,
k) upon request of an operator of an accommodation facility to submit the travel document,
l) to fill in the official form on reporting of stay,
m) grant data necessary for statistical findings on the stay and,
n) notify the police section on the expiration of the purpose, for which the stay has been permitted.
(2) The alien is obliged within three working days following the entry to report to the police section
a) start, venue and presumed duration of stay, if he/she has been granted visa pursuant to § 8 Letter c) or d), or if he/she does not submit to the visa obligation at the entry, if the operator of an accommodation facility [(§ 51 Letter c)] does not have this obligation,
b) start of stay, if he/she has been granted a permit for stay.
(3) The alien with permit for stay is obliged to report to the police section the change of venue of his/her temporary stay or permanent residence within a term of three working days following the date, on which such change occurred.
CATCH TWO
OBLIGATIONS OF OTHER NATURAL PERSONS AND LEGAL ENTITIES
§ 50
Obligations of the Operator of Accommodation Facilities
The operator of an accommodation facility is obliged
a) to verify the identity of the alien,
b) to keep a house book a record the start and end of accommodation, first name and family name, date of birth, nationality, purpose of stay, number of the travel documents and visa, date of entry, presumed duration of stay and address of the accommodation facility in it,
c) ensure filling in of the official form on reporting the stay of an alien and to deliver it to the police section within five days following the accommodation of the alien,
d) to notify the police section with no delay on the transition of an alien accommodated,
e) ensure that the records in the house book are readable and time sequence,
f) to keep the house book for five years following the last entry,
g) to pass the house book to the police section within five days following the termination of operation of the accommodation facility,
h) submit the house book for control at the police section,
i) enable the police section the entry to all premises of the accommodation facility for the purpose of control of meeting obligations stipulated by this Act,
j) to handle personal data recorded in the house book only in the manner determined by special regulation[18].
§ 51
Obligations of the Transporter
(1) The transporter is responsible that the alien, whose transport he ensures on the territory of the Slovak Republic, has documents needed for the entry.
(2) The transporter, who transports an alien, whom the police section denies entry to the territory of the Slovak Republic pursuant to § 6 Par. 1 Letter d) or Par. 2 Letter a) or b), to the border check point, is obliged to ensure the transportation of the alien back abroad; this does not apply if the police section cancelled the visa prior to the entry. The transporter is obliged to ensure the transportation of the alien with no delay or within a term agreed upon with the police section at the border checkpoint..
(3) If the transporter ensures the transportation of an alien upon agreement with the police section, he is obliged to bear the costs connected with the stay of the alien on a determined venue pursuant to § 6 Par. 4.
§ 52
Obligations of Corrective and Justice Authorities
The detention facilities, the houses of correction, the houses of correction for minors and the hospital for charged and sentenced persons are obliged to inform the police section competent according to the seat of the facility or the hospital with no delay on the entry and termination of serving a sentence by an alien, or on the placement of an alien in custody and his/her release from custody.
§ 53
Obligation of Some Legal Entities and Natural Persons
(1) The National Labour Office is obliged to notify the police section competent according to venue of stay of the alien, with no delay on granting job permit to an alien or of its revocation.
(2) The Trade Authority is obliged to notify the police section, with no delay on the issue of a trade license, suspension of the trade license, expiration of the trade license or cancellation of the trade license of an alien.
(3) The university, secondary school, secondary technical school or secondary apprentice school are obliged to notify the police section, with no delay the commencement of studies, interruption of studies, discontinuation of studies, exclusion from studies or termination of studies of an alien.
(4) Who finds or otherwise acquires a travel document of an alien or a permit for stay is obliged to deliver it with no delay to the nearest police section.
(5) A person inviting an alien to the territory of the Slovak Republic is obliged to cover a proprietary damage that may arise to the state by failure of meeting the obligation mentioned in the certified invitation.
CONTROL OF THE STAY
§ 54
(1) The police section is entitled to execute control
a) of title for stay, meeting the terms of the stay and meeting the obligations of an alien pursuant to this Act,
b) of meeting obligations by other natural persons and legal entities in relation with the stay pursuant to this Act.
(2) Executing control pursuant to section 1 the police section is entitled
a) to enter places determined for business activities, employment or studies and premises of accommodation facilities, this does not apply if the inviolability of the place is guaranteed by a special regulation,
b) require the verification of identity and require explanation of facts being subject of the control.
(3) If the police section, during the control of stay, detects that the alien submitted a false or modified document, they are entitled to revoke such document. They also may revoke a document, which has not been issued on the name of the alien under control and the alien submits this document as his/her own, or if a state authority that issued it, declared it invalid or alienated.
CATCH FOUR
REGISTRATION OF ALIENS
§ 55
(1) At the execution of state administration pursuant to this Act the police section keeps a register in its information system, including data on
a) entry, stay and exit of aliens,
b) applicants for visa, granted or not granted visa,
c) applicants for permit for stay, on aliens with permit for stay and on rejected applications for permit for stay,
d) applicants for issue of a passport and a travel identification document, and data on prolongation of these documents,
e) aliens, for whom the police section verified invitations and on persons inviting aliens,
f) undesirable persons,
g) lost, stolen travel documents and data on travel documents, declared by the state authority that issued them, invalid or alienated.
(2) The police section is entitled to keep other registers and operate other information systems, if it is inevitable for the fulfillment of tasks under this Act.
(3) The registers kept in information systems pursuant to this Act include data on aliens and other persons acquired in the procedure pursuant to this Act.
(4) The Ministry of Interior keeps central registers.
(5) The Ministry of Foreign Affairs keeps a register in its information system, including data on applicants for visa and on visa granted or denied, with a linkage to the registers of the Ministry of Interior.
(6) The information systems pursuant to this Act are regulated by a special law4.
PART SIX
ADMINISTRATIVE EXPULSION, DETENTION AND POLICE TRANSPORT
CATCH ONE
ADMINISTRATIVE EXPULSION
§ 56
General Provisions
(1) The administrative expulsion is a decision of the police section on the termination of the aliens stay, determining the term for his/her to leave the country and duration of prohibited entry. A mass expulsion of aliens on the basis of one decision is inadmissible.
(2) The administrative expulsion of several aliens based upon one decision is inadmissible.
§ 57
Grounds for Administrative Expulsion
(1) The police section shall administrative expel the alien and determine the duration of prohibited entry for
a) ten years, if
1. his/her further stay may endanger the security of the country, protection of, health or health of persons or the protection of rights and liberties of others, or if it is in interest of environmental protection.
2. he/she was validly sentenced for a willful criminal act and he/she has not been sentenced with the sentence of expulsion2,
b) five years, if
1. he/she violates a regulation on drugs and psychotropic substances[19],
2. at the control he/she submitted false or modified documents,
3. the alien executes an activity different to which he/she has been granted permit for temporary stay, or
4. he/she contracted a marriage with the aim of acquiring the permit for stay.
c) up to five years, but at least for one year, if
1. he/she enters with no title or stays with any title on the territory of the Slovak Republic.
2. refuses to verify own identity in a credible way,
3. he/she stays on the territory of the Slovak Republic, based upon an international treaty or the decision of the government of the Slovak Republic and acts in contradiction to this international treaty or to the decision of the government of the Slovak Republic,
4. in the procedure on granting permit for stay he/she willfully indicated false or incomplete data,
5. they detect that the purpose for which the alien has been granted permit for temporary stay expired and the alien failed to report this fact to the police section, or
6. he/she hinders the enforcement of a decision made by a state authority.
7. he/she repeatedly or in a grave way violates generally binding legal regulations.
(2) If there are several grounds for administrative expulsion pursuant to sections 1, the police section shall determine the duration of prohibited stay according to the strictest provision.
(3) If one of the grounds for administrative expulsion is the ground pursuant to section 1 Letter c) Par. 1, then the appeal against such decision on administrative expulsion does not have suspensive effect; this does not apply if it is an alien whose application for granting asylum has been rejected pursuant to a special regulation1.
(4) The alien who has been issued an administrative expulsion is obliged to leave the country within a term determined in the decision; this term must not exceed 30 days.
(5) If the alien stays on the territory of the Slovak Republic, based upon a permit for stay, the police section may order him/her a venue of stay, until the decision of administrative expulsion becomes valid.
(6) After the decision on expulsion becomes enforceable, the police section shall enter the data on the alien, time of prohibited entry and the grounds for the decision into the register of undesirable persons. The Ministry of Interior shall exclude the alien from the register of undesirable persons following the expiration of the time of prohibited entry or following of the sentence remission, based on amnesty granted by the president of the Slovak Republic.
§ 58
Obstacles in Administrative Expulsion
(1) The alien can not be administratively expelled into a country, in which his/her life would be endangered for grounds of his/her race, religion, belonging to ascertain social group, or for political conviction. Similarly it is not possible to expel an alien administratively to a country, in which he/she was sentenced with death penalty, or it is assumed, that in a pending proceeding such penalty could be imposed.
(2) The alien can not be expelled to a country, in which his/her freedom for grounds of his/her race, religion, belonging to a certain social group, or for political conviction would be endangered, or in which he/she would be in danger of torture, cruel, inhuman or humiliating treatment or humiliating punishment, this does not apply if the alien threatens with his/her acting the security of the state or if he/she has been sentenced for a especially grave criminal offence [20] and represents a danger for the Slovak Republic.
(3) An alien being a stateless person, who holds a permanent residence permit, also may not be expelled administratively; this does not apply if he/she endangers the state security or the public order with his/her acting.
§ 59
Execution of the Decision on Administrative Expulsion
(1) The police section shall ensure the execution of the decision on administrative expulsion of an alien, if
a) he/she did not leave the country within the term stipulated in the decision on administrative expulsion,
b) it may be presumed that he/she will shatter or complicate the execution of the decision on administrative expulsion,
c) he/she has to be returned to a territory of a contractual country, pursuant to an international treaty, or
d) he/she can not leave the country, since he/she does not have a valid travel document or funds for traveling.
(2) The police section to the border checkpoint for the purpose of leaving the country will transport the alien who has to be administratively expelled to a neighboring country.
(3) If the police section executes the administrative expulsion by air or through the territory of a third country, based on an international treaty, they may transport the alien as far as to the territory of the country, to which his/her reception is ensured.
§ 60
Coverage of Costs Related to the Administrative Expulsion
(1) The costs related to the administrative expulsion consist of costs for accommodation, boarding and transport of the alien, costs related to the detention of the alien and any other cash expenses for the alien.
(2) The costs related to the administrative expulsion shall be covered by the alien from
a) own funds or
b) the financial amount deposited at the foreign mission.
(3) If it is not possible to cover the costs related to the administrative expulsion pursuant to section 1, they shall be covered
a) by the person who employed the alien without authorization,
b) by the person who arranged employment for the alien without authorization,
c) by the person who pledged to do so in the certified invitation, or
d) by the transporter who failed to meet the obligations pursuant to § 52.
(4) If it is not possible to cover the costs related to the administrative expulsion pursuant to section 2 or 3, the Ministry of Interior will cover them.
§ 61
The Ministry of Interior may allow entry for an alien, who has been administratively expelled, if
a) the purpose of stay are humanitarian grounds, above all the transition or visit of a seriously ill person being a close person of the alien[21], or
b) and his/her stay is in the interest of the Slovak Republic and the affair may not be arranged abroad.
CATCH TWO
DETENTION
§ 62
(1) The policeman is entitled to take an alien, who unlawfully enters or unlawfully stays on the territory of the Slovak Republic, into custody, or if it is necessary for the execution of his/her administrative expulsion.
(2) The alien may be taken into custody for the time inevitably needed, at maximum for 180 days.
(3) The police section shall with no delay issue the alien a decision on detention and shall place the alien to a facility.
(4) The alien taken into custody may lodge an appeal from this decision on detention at the court[22], within 15 days following the delivery of the decision on detention. The court on the appeal shall decide within 15 days following its delivery.
§ 63
The police section is obliged
a) to instruct the alien immediately after taking into custody, on the option of reviewing the lawfulness of the decision on detention, and this in a language he/she understands,
b) to inform the foreign mission of the country, of which the alien is a citizen on the detention of the alien; if the foreign mission of this country does not have seat on the territory of the Slovak Republic, then the police section shall inform the Ministry of Foreign Affairs on the detention of the alien,
c) upon request enable the alien in custody to notify some of his/her close persons16 and the legal representative on the detention,
d) with no delay to execute measures and acts for the execution of the expulsion or for the establishment of the identity of the alien,
e) during the entire time of detention of the alien to prove whether the grounds for the detention still exist,
f) to release the alien with no unnecessary delay
1. if the grounds for the detention expired,
2. on the bases of a court decision or
3. after expiration of the term of 180 days.
§ 64
(1) The facility has to correspond with the purpose, for which it was established, it must were without deficiencies in hygiene and equipped in a way enabling the prevention of endangering life or damaging health of an alien and damaging the property of the facility.
(2) The facility consists of rooms for accommodation, including social, cultural rooms, rooms for visitor, and other area where the aliens may freely spent the time determined for it, except aliens placed in the premises of the facility under separate regime of detention pursuant to § 65.
(3) The accommodation room is equipped with electric light, table, chairs, beds and closets for personal things, in number corresponding to the number of aliens accommodated.
(4) In the facility areas under separate regime of detention are created.
(5) The police section operates the facility.
§ 65
Separated Regime of Detention
(1) The police section shall place an alien, who has been taken into custody, in the area under separate regime of detention in a facility
a) if there is well-grounded suspicion, that he/she would endanger the purpose of the detention,
b) if he/she is aggressive or requires stricter supervision for a different reason, or in the interest of protecting health or rights and liberties of other aliens,
c) if he/she does not meet the obligations or violates the internal order of the facility, or
d) during the time of quarantine for reason of an infectious disease or other medical reasons.
(2) The area under separated regime of detention consist of an accommodation room, which can be locked only from outside, and is equipped with separate sanitary part and signal device.
(3) Part of the area in the facility under separated regime of detention is also a place for going out.
§ 66
Examination of the Alien Taken into Custody
(1) Prior to the placement of a detained alien in a facility, the policeman is entitled to execute his personal examination and the examination of his/her personal belongings in order to establish whether the alien has subjects capable of threatening the security of persons and property, things which could be used at the escape and addictive substances or things, which for their quantity or nature could disturb the internal order of the facility or damage the health of persons.
(2) The alien taken into custody is obliged to submit to an examination. A person of the same sex executes the personal examination of an alien taken into custody.
(3) The policeman is entitled to take the travel document, belongings and things mentioned under section 1 and addictive substances found during examination of the alien taken into custody or of his/her personal belongings, into deposit.
§ 67
Placement of Aliens
(1) At the placement of aliens in accommodation facilities, the police section shall consider the age, health status, relative and family relations, and particularity in ethnic origin and nationality.
(2) The police section operating the facility shall, immediately after the placement of the alien in the facility, ensure instruction of the alien in a language he/she understands, on where he/she is placed and on the obligations and rights related to the detention as well as on the internal order of the facility.
(3) Separately are placed men, women and aliens younger than 18 years from older aliens. An exception may be allowed to aliens having a family relation.
(4) A family may be placed together in a facility. If the police section decides on the division of the family, they always must consider the consequences of such division to be appropriate to the grounds.
§ 68
Health Care
(1) The alien is obliged to submit to a preventive entry, periodical, exit or extraordinary medical check in the extent determined by the physician, including necessary diagnostic and laboratory tests, vaccination and preventive measures determined by the health care authority.[23]
(2) If the state of health of the alien requires medical care, which can not be granted in the facility, the police section shall ensure this medical care in a medical centre outside the facility.
(3) If the alien causes willful injury to himself/herself, he/she shall be obliged to cover the costs for healing and cash expenses for surveillance and transport into the medical centre.
§ 69
Obligations of the Alien
(1) The alien is obliged to adhere to the internal order of the facility, follow orders and instructions of the policeman.
(2) The alien must not leave the facility without consent of the police section.
Rights of an Alien Placed in a Facility
§ 70
(1) The alien has the right for a continuous eight hours sleep and daily outgoing in the determined area, with duration of at least one hour.
§ 71
(1) The alien may on own costs send written notifications.
(2) For the purpose of exercising his/her rights the alien may submit applications and complaints to state authorities of the Slovak Republic; the police section shall sent them immediately.
(2) The alien may on own costs order books, daily press and magazines, including foreign ones, if the are distributed in the Slovak Republic.
§ 72
(1) The alien has the right to accept visits of maximum two persons once in three weeks, in duration of 30 minutes. In well-grounded cases the director of the facility may allow an exception.
(2) The alien has the right to accept persons providing legal protection to him/her, without limitation.
§ 73
(1) The alien may once a fortnight accept a parcel with personal belongings of up to five kilograms. This limitation does not apply to deliveries of clothing.
(2) The police section shall examine the content of the parcel. Subjects, substances and things mentioned under § 66 Par. 1 they shall not pass to the alien and send them back to the sender on his costs, except things the holding of which is in contradiction with the legal order of the Slovak Republic.
(3) The alien may accept cash funds without limitation. The police section shall ensure their deposit.
§ 74
Termination of the Detention
Following the termination of the stay in the facility, the police section shall hand out the cash funds deposited, to the alien, except cash funds pursuant to § 60 Par. 2 Letter a), and the travel document, subjects, things and addictive substances, which were deposited, except those, the holding of which is in contradiction with the legal order of the Slovak Republic.
CATCH THREE
§ 75
(1) The police transport is executed by the police section, based on an international treaty, if the contractual party asked for transport of an alien across the territory of the Slovak Republic to the state border of a neighboring country.
(2) The police section shall execute necessary measures for the protection of life and health of the alien transported, and if needed they shall endure the provision of inevitable medical care.
(3) During the police transport the policeman is entitled to limit the personal freedom of the alien transported.
(4) The alien transported is obliged to submit to an examination, to be executed by a person of the same sex.
(5) The police section provides the alien transported with food, normally once in six hours, following the limitation of personal freedom.
(6) The costs related to police transport shall be born by those who asked for the police transport.
PART SEVEN
OFFENCES AND OTHER ADMINISTRATIVE MISDEMEANOURS
§ 76
Offences
(1) An offence is committed by that person, who
a) unlawfully enters the territory of the Slovak Republic or stays unlawfully on the territory of the Slovak Republic,
b) misuses a travel document of another person with the intention to cross the state border of the Slovak Republic,
c) executes or lets execute unlawful modifications in the documents authorizing him/her to enter the territory of the Slovak Republic, or in the permit for stay,
d) violates the obligations stipulated by this Act under § 19 Par. 2, § 20 Par. 3, § 21 Par. 4, § 23 Par. 2, § 49 or 69.
(2) For an offence pursuant to section 1 a penalty up to the amount of 50,000.- SKK may be imposed.
(3) Penalties for offences pursuant to this Act may be imposed and collected by the police section as ticket fines up to the amount of 5,000.- SKK in cash.
(4) Penalties for offences shall be negotiated and collected by the police sections. The revenue from the penalties is an income of the state budget of the Slovak Republic.
(5) The special regulation[24] applies to the procedure on offences and their proceeding, unless otherwise provided in this Act.
§ 77
Administrative Misdemeanors
(1) The violation of the order in the field of the stay of aliens commits
a) a transporter, who transported an alien, whom the police section refused entry to the territory of the Slovak Republic pursuant to § 6 Par. 1 Letter a) or section 2, to a border checkpoint,
b) an operator of an accommodation facility who failed to meet the obligation under § 50,
c) a school that failed to meet the obligation under § 53 Par. 3.
(2) For an administrative delict pursuant to section 1 Letter a), the police section shall impose a penalty in the amount of 100,000.- SKK per each alien transported. If the transporter commits repeatedly the same act pursuant to section 1 Letter a) within one year following the validity of the decision on imposing of the penalty, the police section shall impose him a penalty of 200,000.- SKK per each alien transported.
(3) The police section shall impose a penalty of up to 100,000.- SKK for the violation of the order in the field of stay of aliens pursuant to letter b) and c).
(4) The penalty pursuant to section 1 Letter a) to c) may be imposed within one year following the date on which the police section learned about the failure to meet the obligation, at the latest within three years as of the date when the failure of meeting the obligation occurred.
(5) The penalty is to be collected by the police section. The revenue from penalties is an income of the state budget of the Slovak Republic.
(6) The penalty is due and payable within 30 days following the date of validity of the decision on its imposing.
PART EIGHT
JOINT, INTERIM AND FINAL PROVISIONS
§ 78
Relation to the Administrative Order
(1) Unless otherwise provided by this Act, the procedure pursuant to this Act is regulated by the general regulation on administrative procedure6.
§ 79
Integrity (Clear Criminal Register)
(1) The alien shall verify his/her integrity by an excerpt from the criminal register pursuant to special regulation[25] and by an excerpt from the criminal register of the country, of which he/she is a citizen, or also of a country, in which the alien has had his/her permanent residence in the last three years; if such excerpt is not normally issued in this country, it may replaced by equal deed issued by competent court or administrative authority of the country of origin or it may de replaced by an affidavit to be executed by the alien before the competent court or administrative authorities, or before a public notary of the country of origin or of the last residence.
(2) At the decision on the application for granting permit for stay the police section is entitled to require a copy from the criminal register.
§ 80
(1) In matters of stay pursuant to this Act the police section according to venue of stay or presumed stay shall be active, unless otherwise provided by this Act or a special act.
(2) The alien is obliged to submit applications and document necessary in the procedure pursuant to this Act, issued in foreign languages, in an official translation[26] into the official language[27].
(3) For acts pursuant to this Act administrative fees are to be collected pursuant to special regulation[28].
§ 84
Interim Provisions
(1) The procedure commenced prior to April 1, 2002 shall be completed pursuant to this Act.
(2) Visa issued prior to April 1, 2002 is deemed a visa issued pursuant to this Act, with exception of visa pursuant to Section 3.
(3) Visa granted in relation with long-term stay and permanent stay shall lose their validity on March 31, 2003, unless their validity expired sooner.
(4) A permanent residence permit granted pursuant to hitherto existing regulations is deemed the first permit for permanent stay pursuant to this Act.
(5) A permit for long-term stay granted pursuant to hitherto existing regulations is deemed a permit for temporary stay pursuant to this Act.
(6) Where the general binding legal regulation use the term ”long-term stay on the territory of the Slovak Republic”, a temporary stay pursuant to this Act is to be understood.
(7) ”Identity card-permit for stay of an alien” issued pursuant to hitherto existing regulations is deemed the document on permit for stay pursuant to this Act, with a validity recorded therein.
(8) The term of validity of the decision prohibiting the stay on the territory of the Slovak Republic and of the decision on refusal of entry to the territory of the Slovak Republic, issued pursuant to hitherto existing regulations is not impaired.
§ 82
Repealing Provisions
Repealed are:
1. Act of the National Council of the Slovak Republic No 73/1995 Col. on the stay of aliens on the territory of the Slovak Republic, as amended in Art. IV Act No 70/1997 Col. and Act No 69/2000 Col.
2. Decree of the Ministry of Interior of the Slovak Republic No 226/1996 Col. stipulating the amount, which the alien is obliged to prove while entering the Slovak Republic.
Art. II
Act of the National Council of the Slovak Republic No 171/1993 Col. on the Police Corps, as amended by Act of the National Council of the Slovak Republic No 251/1994 Col., Act of the National Council of the Slovak Republic No 233/1995 Col., Act of the National Council of the Slovak Republic No 315/1996 Col., Act No 353/1997 Col., Act No 12/1998 Col., Act No 73/1998 Col., Act No 256/1998 Col., No 116/2000 Col., Act No 323/2000 Col. and Act No 367/2000 Col. shall be modified as follows:
§ 20 is omitted.
Art. III
Act No 381/1997 Col. on travel documents is modified as follows:
1. In § 1 the words ”and of stateless persons with permanent residence on the territory of the Slovak Republic” are replaced by words ”of other persons”.
2. In § 5 Par. 1 Letter e), § 15 Par. 2 and § 16 Par. 2 Letter e) the words ”travel document of identity” are replaced by words ”travel document of the alien”.
The letter originally marked as f) is letter e).
3. § 10 including heading and remarks under the line to reference 2a and 2b reads:
”§ 10
Travel Document of the Alien
The travel document of an alien shall be issued with a validity of two years by the respective section of the Police Corps to a person
a) stateless person2a, who has been granted permit for permanent stay on the territory of the Slovak Republic and
b) who was awarded refugee status on the territory of the Slovak Republic2b.
2a) Art. 27 of the UN treaty on legal status of stateless persons as of Sept. 28, 1954 (Notification of Ministry of Foreign Affairs of the Slovak Republic No. 206/2001 Coll.)
2b) Art. 28 of the UN treaty on legal status refugees as of July 28, 1951 (Notification of Ministry of Foreign Affairs of the Slovak Republic No. 319/1996 Coll.).”
4. In § 29 at the end the words are added ”and the persons, who were awarded refugee status on the territory of the Slovak Republic.”
5. § 30a is included behind §30, and reads:
”§30a
After April 1, 2002 the travel document of identity issued by March 31, 2002 till its expiration date shall be deemed the travel document of the alien.”
Art. IV
Act No 311/1999 Col. on criminal register is amended as follows:
In § 7 after section 1 there is a new section 2 added, which reads:
”(2) A copy of the criminal register is to be provided to the Police Corps upon request for the decision on an alien’s application for granting permit for stay on the territory of the Slovak Republic pursuant to a special regulation10a).”
The originally marked sections 2 to 8 are marked as sections 3 to 9.
Remark under the line to reference 10a reads:
10a Act No ........../2001 Coll. on the stay of aliens and on modifications and amendments of some Acts”.
Art. V
Effectiveness
This Act is effective as of April 1, 2002.
[1] Act of the National Council of the Slovak Republic No 283/1995 Col. on refugees, as amended in Act No. 309/2000 Col.
[2] § 57 Criminal Act, as amended.
[3] Act of the National Council of the Slovak Republic No 90/1996 Col. on minimal wage, as amended.
[4] § 69 Act of the National Council of the Slovak Republic No 171/1993 Col. on the Police Corps, as amended in Act No 353/1997 Col.
[5] Act of the National Council of the Slovak Republic No 171/1993 Col., as amended.
[6] Act No 71/1967 Col. on administrative procedure (Administrative Order)
[7] Decree of the Ministry of Foreign Affairs No 157/1964 Col. on Vienna Convention on Diplomatic Contacts
Decree of the Ministry of Foreign Affairs No 32/1969 Col. on Vienna Convention on Consular Contacts
Decree of the Ministry of Foreign Affairs No 40/1987 Col. on Convention on Special Missions
[8] Act No 70/1997 Col. on Slovaks living abroad and modification and amendment of some legal acts.
[9] For example Act No 455/1991 Col. on trade activities (Trade Law) as amended,
Act No 513/1991 Col. Commercial Code, as amended
[10] Act of the National Council of the Slovak Republic No 387/1996 Col. on employment, as amended.
[11] Decree of the Ministry of Justice of the Slovak Republic No 105/1987 Col. stipulating which diseases are
deemed infectious diseases pursuant to Criminal Law.
[12] European Association Treaty concluded by European Communities and their member states on one side
and the Slovak Republic on the other (Notification of the Ministry of Foreign Affairs of the Slovak Republic
No 158/1997 Col.
[13] Art. 45 Par. 4 Letter a) of the European Association Treaty concluded by European Communities and their
member states on one side and the Slovak Republic on the other.
[14] At. 53 Par. 1 of the European Association Treaty concluded by European Communities and their member
states on one side and the Slovak Republic on the other.
[15] Act No 94/1963 Col. Family Act, as amended.
[17] Act No 256/1998 Col. on protection of witnesses and modification and amendment of some legal acts.
[18] Act No 52/1998 Col. on protection of personal data in information systems.
[19] Act No 139/1998 Col. on drugs, psychotropic substances, as amended by Act No 260/1999 Col.
[20] § 41 Par. 2 Criminal Code, as amended.
[21] § 116 Civil Code
[22] § 2501 Civil Court Order i version of Act No 519/1991 Col.
[23] § 18 Act of the National Council of the Slovak Republic No 272/1994 Col. on protection of people's
health, as amended in Act No 222/1996 Col.
[24] Act of the Slovak National Council No. 372/1990 Clo. on offences, as amended.
[25] Act No 311/1999 Col. on Criminal Register, as amended by Act No ..../2001 Col. on the stay of aliens
and modifications and amendments of some Acts.
[26] Act of the National Council of the Slovak Republic No 323/1992 Col. on notaries and notarial activities
(Notary Order), as amended.
Act of the National Council of the Slovak Republic No 15/1993 Col. on verification of deeds and signatures
in deeds by district authorities
[27] Act of the National Council of the Slovak Republic No 270/1995 Col. on state language of the Slovak
Republic, as amended
[28] Act of the National Council of the Slovak Republic No 145/1995 Col. on administrative fees, as amended