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Return Migration: Policies and Practices
1.2 LEGISLATIVE INSTRUMENTS AND PROVISIONS
The Constitution of Slovakia provides that “the basic rights and freedom are guaranteed to every
person in the territory of the Slovak Republic irrespective of sex, race, colour, language, faith
and religion, political and other views, national or social origin, nationality or ethnic origin,
wealth, heritage or social position.” 5 This guarantees the basic rights and freedom of migrants in
the country.
In the last few years, Slovakia has taken active steps to bring its legislation on migration, asylum
and border control in line with EU requirements in the context of its candidature for joining the
EU. In its 2002 regular report on Slovakia’s progress towards accession, the Commission of
European Communities commented that substantial progress had been made in the field of justice
and home affairs, which includes migration, asylum and border management.
The following laws, together with other relevant legislation, govern the entry and stay of foreigners
and asylum issues:
The National Council of the Slovak Republic Act on Stay of Foreigners (18 April 1995);
The Act on Asylum and Amendment of Some Acts (as of June 20, 2002);
The Act on Stay of Aliens and on Modifications and Amendment of Some Acts (1 April 2002).
Conditions for Entry
The conditions for entry of a foreigner to the territory of the Slovak Republic are stipulated by
the National Council of the Slovak Republic Act on Stay of Foreigners in the Slovak Republic
issued on 18 April 1995, the Act on Stay of Aliens and on Modifications and Amendment of
Some Acts passed by the National Council of the Slovak Republic and entered into force on
1 April 2002, as well as by international and bilateral agreements by which the Slovak Republic
is bound.
By law, the entry of an alien is possible only with a travel document and a visa or a travel
document and a residence permit. A visa is not required if so stipulated by an international treaty
or bilateral agreement, by which the Slovak Republic is bound.
Entry should be through a border checkpoint designated for international tourist traffic during its
operating hours, or under conditions provided by an international treaty.
An undocumented alien under the age of 16 cannot enter the country unless accompanied by an
adult with a passport in which the minor concerned is registered. Where a visa is required, the
alien younger than 16 years needs to be covered by the visa as well.
There are four categories of visa issued:
The airport transit visa entitles the person concerned to stay in the transit area of a public
airport while waiting for an air connection named in the air ticket.
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