We can help you learn about seeking asylum in Slovakia and in the European Union.
Who is a refugee?
A refugee is a person who is outside his or her country of origin and has a well-founded fear of persecution for reasons of race, religion, nationality, political opinion or membership in a particular social group, and cannot, or does not want, to seek his own country's protection.
A refugee is a person who is outside his or her country of origin and has a well-founded fear of persecution for reasons of race, religion, nationality, political opinion or membership in a particular social group, and cannot, or does not want, to seek his own country's protection.
The generally applicable definition of a refugee is given by the 1951 UN Convention Relating to the Status of Refugees adopted in Geneva. The Convention is the universal international instrument for the protection of refugees. Thus, in order for a person to be considered a refugee, he must prove that he meets the definition of a refugee under the Convention. The word 'refugee' is therefore a concept of public international law and refers to a person in a specific situation to whom international law confers special protective status.
Application for asylum and international protection - most frequent questions
What is international protection? What is the difference between asylum and subsidiary protection?
International protection is granted to those foreigners who have lost protection of their own country. Due to risk of persecution or serious harm, they cannot or do not want to return there. We recognise two types of international protection in Slovakia; asylum granted for an indefinite period and temporary subsidiary protection, which is for the first time granted for one year. If reasons for providing subsidiary protection persists, it can be prolonged.
Asylum
Who can be granted asylum? You can be granted asylum if you have a well-founded fear of persecution in your country of origin and due to this fear you cannot or do not want to return to your country of origin. Not all the threats or inconveniences you face in the country of origin will be recognised as reasons for granting asylum. The asylum protects only those who have been harmed in country of their origin for particularly despicable reasons, for racial, ethnic, religious reasons, for reasons of particular political opinion or for membership in particular social group. It may also be an act specifically targeting persons of certain gender or targeting children for their vulnerability.
Asylum can also be granted specifically to close family members of a person who had already been granted asylum in Slovakia. The Slovak Republic can also grant asylum for humanitarian reasons.
What is persecution?
The persecution is understood as a serious or repeated violation of your human rights. The one who had faced physical, mental or sexual violence, various types of discrimination, inadequate or discriminatory criminal prosecution or punishment or who was at risk of being subjected to these acts in his/her home country in the past, fears persecution. A person can have a well-founded fear from persecution also because there is convincing evidence that he/she will be subjected to such acts provided that he/she returned to the country of origin.
Who can be an agent of persecution?
The state, state authorities or actors which control the state can be the agents of persecution. However, the agents of persecution may also be non-state actors, for example various non-state armed or military groups, warring tribes or organized criminal groups, but also for example private persons or family members. The country of your origin is primarily responsible for your protection as its citizen, by means of army, police, courts and other authorities which provide protection to citizens. Your fear of persecution may only be well founded, if the state cannot or does not want to provide you with this protection.
What do ”particularly despicable reasons of persecution” mean?
Asylum protects only those persons who are threatened with persecution for the following despicable reasons: their race, nationality, ethnic origin, religious or political opinions, for their belonging to a particular social group. Children or people of a certain gender may be particularly at risk. Most often, these reasons represent features of a person which one cannot change or should not be asked to change or renounce, because they are one of the basic manifestations of a human being – for example political opinions or religion or sexual orientation.
Who can be granted asylum for humanitarian reasons?
Asylum for humanitarian reasons may be granted by the Slovak Republic to a person who failed to fulfil conditions for granting asylum, but from human point of view it is necessary to provide him/her with protection, because return to the country of origin could expose him/her to an unbearable situation, to serious physical or mental suffering or even to death. This form of protection is granted to vulnerable persons, particularly to those who are seriously ill, traumatized or elderly. There is no entitlement for being granting asylum for these reasons. Its granting depends exclusively on the will of the Migration Office.
What conditions need to be fulfilled in order to be granted asylum for purpose of family reunification?
Family members of a person who had already been granted asylum, may be granted asylum for the purpose of family reunification. They must be actually present in Slovakia, they have to submit application for asylum and a person who had already been granted asylum agrees with family reunification. The conditions for granting asylum for purpose of family reunification are examined if family members applying for asylum do not have other separate reasons for granting asylum. Not all family members can be granted asylum for purpose of family reunification. Asylum for purpose of family reunification applies only to a very narrow scope of family members of the person granted asylum. Furthermore, this option does not apply to the family members of the person granted asylum for humanitarian reasons.
Which family members can be granted asylum for purpose of family reunification?
Asylum for purpose of family reunification may be granted to a spouse of the person granted asylum, provided that the marriage has already existed at the time when he/she left the country of origin. Family reunification concerns also unmarried minor children of the person granted asylum or his/her spouse. If a person granted asylum is under the age of 18, the family reunification may also concern his/her parents or persons who have been entrusted with his/her personal care.
What does “asylum for purpose of family reunification” mean?
Asylum for purpose of family reunification is granted for three years. After their lapse, asylum is granted for an indefinite period of time, provided that the conditions are met (see answer to question no. 15), and there are no legal reasons for rejecting it.
What documents are issued to persons granted asylum?
Police will issue a residence permit for 10 years to the person granted asylum. Persons granted asylum for purpose of family reunification are issued the document which is valid first time for only three (3) years.
Additionally, upon request of the person granted asylum he/she may be issued the travel document according to the Convention of 28th July 1951 which is valid for two (2) years and can be subsequently prolonged. This travel document is recognized by most of the states in the world.
How is healthcare ensured to persons granted asylum?
Persons granted asylum participate in state health insurance under any circumstances. If you work or engage in business, you or your employer shall pay your health insurance. If you do not work or do not do business, the health insurance for you is paid by the state. Participation in the system of public health insurance means that you are entitled to health care in the Slovak Republic as well as in other member states of the European Union on the basis of the insurance card.
Subsidiary protection
Who can receive subsidiary protection?Despite you do not fulfil conditions for being granting asylum, if you cannot return to your country of origin because you are in danger of serious harm, you shall be granted temporary subsidiary protection. Subsidiary protection is for the first time granted for one year. Subsidiary protection, in principle, shall protect civilians who fled generalised violence associated with the armed conflict. It may also be granted to those who fear execution, torture or other inhumane treatment in the country of origin and have not shown particularly despicable reason, which is required for granting asylum.
What is serious harm?
The serious harm is similar to persecution. It is also a serious or repeated violation of your human rights. However, subsidiary protection protects exclusively from the threat of harm in the form of death penalty or execution, in the form of torture or cruel, inhuman or degrading treatment or punishment. In addition, subsidiary protection specifically protects from real risk of serious and individual threat to life caused by indiscriminate violence caused by an armed conflict.
Who can be agents of serious harm?
The state and its state authorities may be agents of serious harm. If non-state actors are agents of serious harm, first of all, as a citizen you have to apply for protection to the state authorities of your country (army, police, courts). Your need for subsidiary protection will only be recognised if you can prove that the state authorities are unable or unwilling to protect you from serious harm, and that even moving to another safe part of your country of origin would not ensure you with the effective protection from this harm.
What documents are issued to beneficiaries of subsidiary protection?
The Alien Police will issue a residence permit with validity of 1 year to the beneficiary of subsidiary protection. After its expiration, police will issue a new residence permit with validity of 2 years, if a foreigner has applied for prolongation of subsidiary protection.
Police can also issue him/her an alien passport, but only if he/she does not have his/her own travel document. The validity of alien passport is one (1) year with the possibility of its prolongation.
How is healthcare ensured for beneficiaries of subsidiary protection?
Beneficiary of subsidiary protection participates in system of public health insurance only if he/she is employed or does business and the health insurance is paid by himself/herself or by his/her employer. The health insurance means that you have right to healthcare within the Slovak Republic, as well as within other member states of European Union on the basis of the insurance card.
If you are neither employed nor you do business, you do not participate in the system of public health insurance, but you still have the right to healthcare in the same extent as those who participate in the system. In this case costs of the healthcare are covered by the Migration Office based on the “pink card”. This is valid only on the territory of the Slovak Republic.
What rights do beneficiaries of international protection have?
Persons granted asylum or subsidiary protection have:
- the right to live in the territory of the Slovak Republic,
- the right to leave the territory of the Slovak Republic and to return back (except of traveling to the country of origin);
- the right to obtain a residence document,
- the right to obtain travel documents if they do not possess one,
- the right to seek employment in the territory of the Slovak Republic without the need of work permit,
- the right to free healthcare,
- the right to integration assistance.
Seeking asylum is not an easy process, but it is possible with the help of our leaflets, lessons and legal assistance.
More questions and answers, as well as the rights and obligations of persons granted asylum, foreigners with subsidiary protection and asylum seekers can be found here.