What can happen if you enter Slovakia without valid authorization?
Criminal punishment
Crossing the border illegally can under certain circumstances result in criminal punishment. According to the Criminal Code, if a person crosses the border in a violent manner or uses a threat of imminent violence is punishable by 3 to 8 years of imprisonment.
Aggravated sentences are given to those who:
- cause grievous bodily harm or death through its commission;
- act in a more serious manner;
- conspire with at least two more persons;
- cause grievous bodily harm or death to several persons through its commission, or as a soldier under a crisis situation.
Exception in case of refugees
The Convention Relating to the Status of Refugees obliges states to make an exception in cases of refugees who are escaping from persecution. It forbids states from imposing penalties for illegal entry on refugees who enter the territory without authorisation, coming directly from a territory where their life or freedom was threatened. In this case, the authorities cannot expel you before processing your asylum application. Read more about asylum.
Administrative expulsion and entry ban
If you have no legal ground to stay in Slovakia, the Police Department can issue an administrative expulsion decision. Then you would be obliged to leave the Slovak Republic with an option to determine the time when to depart back to the country of origin, country of transit, or any third country. In their decision on administrative expulsion the police department may place a ban on entry into the Slovak Republic territory or into the territory of all EU member states. In their decision on administrative expulsion the Police Department shall place a ban on entry into the Slovak Republic territory or into the territory of all member states, if the period for leaving the Slovak Republic territory is not specified in the decision on administrative expulsion.
Another decision that can be taken is a ban on entry that can last between 1 to 5 years. The expulsion procedure and your rights during the procedure are outlined in the Act on Residence of Foreigners.
If you consider that the administrative expulsion or the entry ban violates your rights, you can file a lawsuit against the police department to the Regional Court in Bratislava / Regional Court in Košice within 30 days from delivery of the decision. You can bring a lawsuit repeatedly, not earlier than 30 days after the last court decision. As of 1 June 2023, you have to file an action to the Administrative Court in Bratislava, Administrative Court in Banská Bystrica and Administrative Court in Košice.
Read more about how to challenge unfair expulsion.
Detention
In some cases, the authorities may place you in a detention centre in order to enforce your expulsion. Read more about the grounds and conditions of detention.