Immigration Policy in the Slovak Republic

Work and residence permits approval process

The conditions applicable to residence of foreigners in the territory of the SR are governed by the Act No. 48/2002 Coll. on residence of foreigners and on amendment of certain acts as amended by later regulations. The Act does not define only the conditions but it also determines the duties whose fulfilment is controlled by the units of Police Force and their breach is consequently sanctioned regardless of the economic, political or other interests.

The foreign investors, their employees and their relatives may file applications for granting the residence permit directly at the police units, i.e. locally appropriate Foreigners Police Departments of the Police Force. Within this context it is necessary to note that the foreigner may commence to perform activities (business, employment) only after granting the residence permit. It is not possible to conduct business or work within a short-term stay in the territory of the Slovak Republic before granting the residence permit. Such action shall be considered as the breach of the Act and the foreigner is usually administratively deported from the territory of the SR, whereas he/she is banned from entry to our country for the period of one (1) to ten (10) years depending on seriousness of

Conditions applicable to residence of foreign investors and foreigners working for them in the territory of the Slovak Republic

unlawful conduct. It is necessary for foreigners to prevent such conduct because in cases of revealed ´illicit´ work or illegal residence and consequent detention it is not possible to interfere in the competence of the Foreigners Police Departments of the Police Force, which decide on the administrative deportation.

In the territory of the SR the citizen of a third country may apply for granting the temporary residence permit or permanent residence permit. The residence of foreign investors is considered as temporary residence for the purpose of business activities in the case of Registered Agents of the companies and the top management and as temporary residence for the purpose of employment in the case of employees. The residence of relatives (husbands, wives, and children) is closely connected with residence of investors. They may request for temporary residence for the purpose of joinder of family.

In the case that the foreigner is an important foreign investor and his/her residence in the territory of the SR is significant in the term of economy importance, he/she may request for granting the permanent residence permit in the interest of the SR.

or in the representative authority accredited for the country of his/her domicile. If such representative authority does not exist, the foreigner may request the Ministry of Interior of the SR to determine the competent representative authority.

The foreigner may also file the application directly in the police unit if• he/she does not need a visa for entry to the SR, or• he/she represents a foreign investor in the SR (it must be confirmed by the SARIO) and alongside he/she is a citizen of a Member State of the Organization for Economic Cooperation and Development (OECD), or• he/she works for the foreign investor in the SR (it must be confirmed by the SARIO) and alongside he/she is a citizen of the Member State of the OECD.

Also a spouse or a child of the foreigners in question younger than 18 years may file the application in the police unit. In the case of a relative who is not able to file the application for granting the temporary residence permit for the purpose of joinder of family because of his/her inertia, the foreigner with whom he/she applies for joinder of family may file the application on behalf of him/her.

The foreigner may file the application for granting the permanent residence permit either in the representative authority or in the police unit. The foreigner always files the application in person, except of the case when he/she applies for granting of the permanent residence permit in the interest of the SR. In such case also his/her authorized representative may file the application.

The foreigner shall pay SKK 7,000.00 for filing the application for granting the temporary residence permit for the purpose of business activities, SKK 5,000.00 for filing the application for granting the temporary residence permit for the purpose of employment and SKK 4,000.00 for filing the application for granting the temporary residence permit for the purpose of joinder of family. The foreigner shall pay SKK 5,000.00 for filing the application for granting the permit for the permanent residence. After the residence permit is granted, the police unit shall issue a certificate of residence to the foreigner for which he/she shall pay SKK 150.00.

Each foreigner regardless the representative of the foreign investor or its employee and their

relatives must fulfil general legal conditions for granting the residence permit. The basic and primary condition is that the foreigner has a valid travel document which he/she shall submit together with the application. In the case that he/she shall not submit the travel document, the police unit or the representative authority shall not accept his/her application for granting the residence permit. Further, he/she must also attach to the application the following documents that are not older than ninety (90) days confirming

such document is usually the copy of an entry in the Commercial Register in which the foreigner is stated as the Registered Agent of the company and a certificate issued by the SARIO that he/she/the company is a foreign investor. In the case of employment the work permit issued by an appropriate Office of Labour, Social Affairs and Family is considered to be such document. In the case of joinder of family, the foreigner shall submit a document issued by the register of births, deaths and marriages.

1.The Purpose Of Residence

the foreigner shall prove his/her integrity by means of

a) the copy of an entry in the Criminal Register of the SR, b) the copy of an entry in the Criminal Register of the country of his/her citizenship, c) the copy of an entry in the Criminal Register of the country of his/her domicile during last three years.

The foreigner younger than fourteen (14) years shall not submit the document proving his/her integrity.

The foreigner must submit the documents issued by the bodies of a foreign country in the form of a certified translation into Slovak language.

2.Integrity

that shall be proved by the foreigner by means of a certificate issued by the employer on the wage amount, in the case of entrepreneurs by means of a copy of a personal bank account, eventually by means of a certificate issued by the company confirming that the foreigner shall have the financial security in the territory of the SR in accordance with Article 25 paragraph 9 of the Act No. 48/2002 Coll.

3.Financial Security of Residence

the foreigner shall prove it by means of a rental contract or by means of a certificate issued by the accommodation facility on provision of accommodation.

4.Provision of Accomodation During his/her Residence

The police unit may require attaching to the application the affidavit of the foreigner that he/she shall not be burden for the social security system of the SR.

Based on the previous legal regulations the foreigner used to attach to the application for granting the residence permit also the document confirming the health insurance during his/her residence in the territory of the SR and the certificate that he/she does not suffer from any disease endangering public health. Because such procedure caused practical problems for the foreigners, pursuant to actual legal regulations the foreigner shall submit such documents to the police unit after granting the residence permit. So the foreigner may conclude insurance of medical expenses in the territory of the SR for the concrete period of permitted residence. In the case of health certificate he/she does not need to undergo the examinations in the home country and then in the SR.

The foreigner shall submit the aforementioned documents to the police unit within thirty (30) days from the granting the residence permit if he/she is legally in the territory of the SR in the time of the decision on the application or within thirty (30) days from the entry to the territory of the SR if he/she is out of the territory of the SR in the time of the decision on the application. In the case that the foreigner shall not submit such documents the police unit shall declare his/her residence permit null and void.

The police unit shall decide on the complete application at the latest within ninety

(90) days from its delivery; in especially complicated cases such period may be prolonged by no more than ninety (90) days. This period is the maximum period and in the case of complete applications the police unit shall decide without undue delay. It means that in some way the foreigners themselves may affect the period for the decision of the police unit by attachment of all documents required by acts to the application immediately at filing it.

The temporary residence permit may be granted for no more than two (2) years, whereas it depends on the certificate of the residence purpose. In the case that the employee has been granted the work permit for one (1) year, the police unit cannot grant the permit for a longer period and the foreigner must apply for renewal of the residence permit upon new work permit within sixty (60) days before expiration of the permitted residence. The situation in the case of entrepreneurs is different - the police unit may grant the temporary residence permit for up to two (2) years, whereas at making its decision it takes into account, among other things, the amount of the financial security and agreed period of accommodation. The police unit shall grant the permit for the relatives for the same period for which the foreigner whom they follow to the territory of the SR has been granted the residence permit.

The temporary residence permit for no more than five (5) years is a special case where the foreigner has been granted the long-term residence permit in some of the Member States of the European Union. The foreigner shall prove the long-term residence by means of a certificate of residence issued in other Member State of the European Union in which the expression ´a person with long-term residence – EC´ in the appropriate language version must be stated.

In the case that the foreigner shall apply for granting the permanent residence permit the police unit shall grant it always for five (5) years after fulfilment of legal conditions – the so-called first permit.

After granting the residence permit the police unit shall inform the representative authority in which the foreigner filed the application that the residence permit was granted and the representative authority shall issue to the foreigner a free visa that serves to him/her for entry to the SR and for taking the document on the residence in the police unit. Within three (3) working days after the entry to the territory

also to some of their duties resulting from the Act.

The foreigner must enter to the territory of the SR within one hundred and eighty (180) days from granting the residence permit, otherwise his/her residence shall become null and void and he/she would have to file a new application for granting the residence permit. Within three (3) working days after the entry to the SR the foreigner is obliged to present himself/herself in the appropriate police unit. He/she must report all changes related to his/her residence to the police unit within three (3) days from the date when the change arose. The important duty of the foreigner is to inform the police unit in writing that he/she shall stay out of the territory of the SR more than one hundred and eighty (180) days. This duty shall more widely apply to entrepreneurs who often travel within their business activities.

The duty to inform the police unit that the

purpose for which the residence permit was granted has expired is also one of the most important ones. In such case the police unit shall cancel the residence permit and the foreigner must leave the territory of the SR. It may arise, for example, in the cases when the Office of Labour, Social Affairs and Family shall take the work permit away from the foreigner. Also the duty of the foreigner to leave the territory of the SR on the last day of the permitted residence if he/she did not apply for its prolongation and is a citizen of the country whose citizens need a visa for the entry to the SR is very important. In the case that the foreigner has applied for renewal of the residence permit, his/her residence permit shall be considered as valid up to the decision on the application. In the case that he/she has not applied for renewal of the residence permit, he/she must leave our country on the last day of the permitted residence. If he/she is a citizen of the country whose citizens do not need a visa for entry to the SR, after expiration of the residence permit he/she may stay in the

territory of the SR within the period defined by the agreement for the visa-free regime.

The police unit may impose a fine up to the amount SKK 50,000.00 on the foreigner for the breach his/her duties.

The Slovak Investment and Trade Development Agency (SARIO) was established upon the decision of the Ministry of Economy of the Slovak Republic No. 94/2001

on the establishment of an organization financed from the state budget, to take effect as of 1 October 2001.

While every care has been taken to ensure the accuracy of this publication, SARIO is not liable for any errors or omissions.

www.sario.sk

Headquarters

Slovak Investment and Trade Development Agency, SARIOMartinčekova 17 821 01 Bratislava, SlovakiaTel: +421 2 58 260 100 Fax: +421 2 58 260 109E-mail: sario@sario.sk Web: www.sario.sk

Regional Offices

Bratislava and Trnava RegionMartinčekova 17 821 01 BratislavaE-mail: bratislava@sario.sk

Presov RegionVajanského 10080 01 PrešovE-mail: presov@sario.sk

Banska Bystrica RegionNámestie Ľ. Štúra 1974 04 Banská BystricaE-mail: banskabystrica@sario.sk

Trencin RegionNámestie SNP 7911 01 TrenčínE-mail: trencin@sario.sk

Kosice RegionFloriánska 19040 01 KošiceE-mail: kosice@sario.sk

Zilina RegionHálkova 31010 01 ŽilinaE-mail: zilina@sario.sk

Nitra RegionAkademická 4949 01 NitraE-mail: nitra@sario.sk