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Changes In Residence And Employment Of Foreign Nationals In Slovakia
On 3 December 2013, an amendment to the Act No. 404/2011 Coll. on Residence of Foreign Nationals and Act 5/2004 Coll. on Employment Services was approved and will be effective from 1 January 2014.
The changes relate to the following issues:
It introduces the so-called single permit, which is a new type of temporary residence for the purpose of employment and will simplify employment of foreign nationals in Slovakia in the following ways:
- possibility to obtain the single permit in one place
- in order to obtain the single permit, the foreigner national/employer does not need to apply for a work permit at the Labour Office in advance (instead, the Foreign Police will request a confirmation on the possibility to fill in the vacancy by a foreign national from the Labour Office)
- when applying for a single permit , the Foreign Police/diplomatic mission will have to accept even an incomplete application (the application will not be accepted only if the foreigner fails to submit a valid travel document)
- obligation to apply for a work permit remains only for a narrow group of foreign nationals (i.e. most foreign nationals will apply for a single permit)
- Broadening the group of foreign nationals who do not need a work permit. The following groups of foreigners may work in Slovakia without the need of a work permit:
- foreign nationals who have successfully completed secondary or higher education in Slovakia
- holders of temporary residence for the purpose of research and development performing such activity based on a hosting agreement
- holders of temporary residence for the purpose of family reunion, who are family members of holders of temporary residence for the purpose of research and development performing such activity based on a hosting agreement
It introduces the obligation to hold a work permit for the period of the first 12 months from the date of being granted temporary residence for:
- holders of temporary residence for the purpose of family reunion
- holders of temporary residence who have the status of a person with acknowledged long-term residence in another EU Member State
This restriction does not apply to the above mentioned categories of foreign nationals who will be employed in the Slovak Republic as of 31 December 2013.
After 12 months of being granted temporary residence, these categories of foreign nationals may be employed without the need for a work permit.
- Increase in the number of hours during which university students may work without the need of a work permit. A holder of temporary residence for the purpose of study, studying at a university in Slovakia may work for up to 20 hours a week.
- Broadening application of the 30-day protection period (i.e. non-revocation of temporary residence, if its purpose ceased to exist) in case of duly completed university studies also to Slovak Government scholarship holders holding temporary residence for the purpose of specific activity.