Economic migrants can be deported by the police. However, there is a catch

On Friday, September 15, 2023 from 06:00 a.m. the emergency situation in connection with the disease COVID-19 ceased to apply. One of the most current topics, which the media, politicians and the general public are intensively focusing on these days, are illegal migrants and the issuance of a kind of “paperwork” that allows a third-country national to stay in Slovakia even if he is staying here illegally. Our colleagues Ján Azud and  Matej Å kultéty explain in the article what kind of institute it is, and what effect the cancellation of the emergency situation had on it .

The stay of a national of a third country on the territory of the Slovak Republic is governed by § 61a of Act no. 404/2011 Coll. on the residence of foreigners as amended (hereinafter also referred to as “ ZoPC “), which stipulates that a citizen of a third country, staying in the territory of Slovakia illegally , can stay here, for example, during:

1. the preparation and execution of administrative deportation (“ deportation “) or the duration of obstacles to deportation,
2. provision of urgent health care,
3. during detention and imprisonment, 
4. during the duration of the reinsurance.

The subject of this article is not the possible asylum procedure or the assessment of the possible provision of temporary protection, as these are procedures that have specific characteristics and are mainly governed by a special law.

Procedure of the police after the capture of a migrant who entered Slovakia illegally 

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