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statement on providing accommodation to a foreigner

Period of accommodatio

When submitting an application for temporary residence, the document on the provision of accommodation must prove that the third-country national has secured accommodation for at least six months of the duration of the temporary stay. It is important to note that submitting, for example, a tenancy agreement for 6 months does not automatically ensure that this condition is fulfilled, because the period during which the application will be decided is also added to this period. The standard term for a decision on the temporary residence of a foreigner is 90 days, but in cases established by law, this term can be extended. For this reason, it is recommended that the proof of accommodation be valid for at least one year.

Types of documents on the accommodation of a foreigner

Proof of accommodation is defined in § 122 of the Act on the Residence of Foreigners, where it is stated that it can be:

1. **Affidavit of the property owner:**

- Includes the provision of accommodation with officially verified signatures of the owner (in the case of several owners, sworn declaration of all co-owners).

2. **Lease agreement:**

- Officially verified lease agreement containing the signatures of the owner/s and lessor/s, as well as the foreigner - lessee.

3. **Sublease agreement:**

- In the case of a sublease, a lease is also often required, which confirms the authority of the tenant to grant consent to the subtenant.

4. **Accommodation confirmation:**

- With the provision of accommodation and a possible consenting signature of the accommodation provider. It is important to verify in advance whether a specific accommodation record will be accepted, as the operators of these facilities are not always their owners.

It is important to note that as of May 2018, it is not necessary to submit a title deed with the registered property in which the foreigner will be accommodated. When confirming the accommodation facility, there may be a situation where the police department does not accept the proof of accommodation security, if it finds that the number of persons granted a stay in the accommodation facility exceeds its capacity. The solution consists in thorough proof from the accommodation facility that the capacity has not been exceeded, which can be problematic in the absence of proper records of the provision of confirmations and granted stays.

Mandatory details of the owner's affidavit

The real estate owner's affidavit should contain the following information:

1. Data on the owner/s of the property.

2. Property specification, preferably according to the title deed.

3. Data on the foreigner who is provided with accommodation, including name, surname, passport number and nationality.

4. Information about other persons with whom the foreigner will be accommodated, if family reunification is also requested.

5. Determination of the time period for which the accommodation is provided.

In practice, we found that proof of accommodation for a non-residential space or an apartment was sometimes not accepted unless it was clearly stated in the title deed that it was an apartment. We also encountered a case where accommodation in a house that was not approved was not accepted. It is therefore important that the affidavit and other accommodation documents comply with the specific requirements and rules of the police office.

Shared accommodation with a family member

It is important to emphasize that when applying for temporary residence for the purpose of family reunification, it is necessary to present a document of shared accommodation. This document does not mean only confirmation of accommodation at the same address, but in the case of hotels and other accommodation facilities, we have encountered in practice the requirement that the accommodation provider must confirm that these persons will be accommodated in the same room. This requirement applies to applications for temporary residence for the purpose of family reunification, including cases of nationals pursuant to § 30 par. 1 letter e) of the Act on Residence of Foreigners. It is necessary to prove shared accommodation in accordance with the specific requirements and rules of the police office.

Mandatory real estate measurement

Regarding the size of the accommodation space for a foreigner, the Act on the Residence of Foreigners requires that the secured accommodation meet the minimum requirements according to a separate regulation. This regulation is § 8 par. 1 of the decree of the Ministry of Health of the Slovak Republic no. 259/2008 Coll. on the details of the requirements for the internal environment of buildings and on the minimum requirements for apartments of a lower standard and for accommodation facilities.

According to this provision, the living area of a lower standard apartment should have at least 12 m2 per user and 6 m2 for each other person living in the household. The useful area of an apartment of a lower standard should be at least 15 m2.

These requirements are introduced to ensure adequate and sufficient accommodation space for foreigners in accordance with valid standards and regulations on the internal environment of buildings. It is important that accommodation facilities comply with these standards in order to ensure adequate conditions for foreigners staying.

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Mgr. Michal Kaliak

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