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Family members of EU/EEA/Swiss nationals coming from third countries

Family members of EU/EEA/Swiss nationals coming from third countries

 

Special rules apply to the family members of EU/EEA/Swiss nationals coming 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.

 

 

Who is a family member of an EU/EEA/Swiss national?

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 spouse;

  • 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

A list of documents required for the application

  • “Application for issue of document residence of the family member with right for residence” completed via the Foreign Police Booking System. We recommmend to make a reservation well in advance.
  • 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 official translators can be found at https://obcan.justice.sk/infosud-registre/-/isu-registre/zoznam/prekladatel. In case the translation is done abroad, the competence of the translator must be attested by the Slovak embassy/consulate,
  • confirmation about the registration of the residence of the warrantor (EU/EEA/Swiss national whose family member this person is)

 

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 the family member 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.

 

Fees: 4.50 € for the residence card

Note: For family members of Slovak nationals who are third country nationals different procedures apply.