Family members of EU/EEA/Swiss nationals who come from third countries
Special rules apply to the family members of EU/EEA/Swiss nationals who come from third countries. Their entry and stay rights differ according to whether they are travelling with/joining the EU/EEA/Swiss national or they are travelling alone.
According to the current regulations, a family member of the EU/EEA/Swiss national is understood as the third country national who is:
his/her child younger than 21 years of age, his/her dependent child and dependent children of his/her spouse;
his/her dependent direct relative in descending or ascending line and such a person of his/her spouse;
any other family member to whom paragraphs (a) to (c) do not apply and she/he is a dependent person in the country of his/her origin;
any other family member to whom paragraphs (a) to (c) do not apply and she/he is the member of his/her household;
any other family member to whom paragraphs (a) to (c) do not apply and she/he depends on his/her care due to serious health reasons;
his/her partner with whom the EU/EEA/Swiss national is in a permanent, duly certified relationship;
third country national with the right of residence of the family member of the EU/EEA/Swiss national in the member state, while the EU/EEA/Swiss national is the Slovak national with whom the third country national returns or joins him/her to reside back in the Slovak territory and fulfils any of the conditions specified in par. (a) to (g) in relation to the Slovak national
If entering the Schengen Area from a third country, a family member may have the obligation to obtain a visa. In this case, a family member can apply for a visa at a competent embassy or consulate (visa shall be issued within 15 days) or directly at the border, where the family member enters the Schengen Area. A clear proof of the family relationship with the EU/EEA/Swiss national is a basis for issuing the visa. For details about visa procedures see the section “Visa – Schengen Visa”.
If entering Slovakia from another Schengen member state, a family member accompanying/joining an EU/EEA/Swiss national is not required to have a visa. The existence of a family relationship and the fact of accompanying/joining must be clearly manifested. If he/she comes alone, the visa may be required.
A family member of the EU/EEA/Swiss national who is a holder of a valid travel document can stay (without any further obligations) in the Slovak territory for 3 months from the date of entry if she/he accompanies or joins the EU/EEA/Swiss national whose family member she/he is. The beginning of his/her stay in Slovakia shall be reported by the family member of the EU/EEA/Swiss national at the competent foreign police department within 10 working days from the date of entry into the territory of the Slovak Republic.
If a family member plans to stay in Slovakia for a period longer than 3 months, he/she has to apply for the issuance of a document called “Residence Card of EU Citizen Family Member” at a foreign police office within 30 days after the 3-month period from the date of entry into the territory of the Slovak Republic.
Complete application consists of the following documents:
- completed form “Application for issue of document residence of the family member with right for residence” (the forms are also available at local foreign police departments and must be completed in the Slovak language),
- valid travel document,
- 2 recent full‑face photographs (3 × 3.5 cm),
- document proving your relationship with the EU national (marriage certificate, birth certificate, etc.). This document has to be apostilled or superlegalised and officially translated into Slovak by a sworn translator. The list of accepted sworn translators can be found here. (section 'Prekladatelia', the list is available in Slovak only), or by the embassy/consulate of the Slovak Republic competent to accept your application for the temporary residence (such a translation must indicate the approval clause of the embassy of the Slovak Republic proving the conformity with the original),
- confirmation about the registration of the residence of the warrantor
Fees: 4.50 € for the residence card
Note: For family members of Slovak nationals, who are third country nationals, different procedures apply.