Amendments to the act on the residence of aliens in connection with the coronavirus

On April 9, 2020, Act No. 73/2020 Coll., amending and supplementing certain acts within the competence of the Ministry of Interior of the Slovak Republic in connection with the COVID-19 disease, entered into force. The aforementioned Act also amended Act No. 404/2011 Coll. on the Residence of Aliens and on amendments and supplements to certain acts (hereinafter referred to as the “Act on the Residence of Aliens”), the objective of which is to address the crisis situation in connection with the spread of the COVID-19 disease.

Pursuant to the provisions of Section 131i of the Act on the Residence of Aliens: “The validity of a temporary residence, permanent residence, or tolerated residence, which would otherwise expire during an extraordinary situation, emergency state, or state of exception declared in connection with the COVID-19 disease (hereinafter referred to as the ‘crisis situation’), or the validity of which would expire within one month from the revocation of the crisis situation, shall be extended until the expiry of two months from the revocation of the crisis situation.”

Furthermore, a third-country national who has legally entered the territory of the Slovak Republic and has not been granted residence under the Act on the Residence of Aliens is entitled to reside within the territory of the Slovak Republic until the expiry of one month from the revocation of the crisis situation.

A third-country national who resides outside the territory of the Slovak Republic during a crisis situation shall be entitled to submit an application for the renewal of a temporary residence or an application for the granting of a permanent residence for an indefinite period to a diplomatic mission of the Slovak Republic abroad.

The police department may accept, in support of an application for the granting of a residence or for the renewal of a residence, documents constituting annexes to the application (such as documents demonstrating the purpose of residence, integrity, financial resources, financial coverage of business activities, provision of accommodation, health insurance, etc.) that are older than 90 days, provided that during the crisis situation—due to which the third-country national was prevented from submitting the application for the granting of a residence or for the renewal of a residence—the said documents were not older than 90 days, and that prior to the submission of the application for the granting of a residence or for the renewal of a residence, no departure of the third-country national from the territory of the Slovak Republic has occurred.

The adopted measures have also affected several time limits enshrined in the Act on the Residence of Aliens.

The time limits pursuant to Section 36, Paragraph 3 of the Act on the Residence of Aliens, upon the expiry of which a temporary residence shall terminate (e.g., 60 days from the termination of employment in the case of a temporary residence for the purpose of employment, or 30 days from the successful passing of a final examination in the case of a temporary residence for the purpose of study, etc.), shall be extended by the period of the duration of the crisis situation.

Likewise, the time limit granted to a Blue Card holder to find a new job during a period of unemployment shall also be extended by the period of the duration of the crisis situation.

In addition to the fact that certain time limits have been extended by the period of the duration of the crisis situation, certain other time limits shall be suspended during the crisis situation.

Pursuant to Section 131i, Paragraph 10 of the Act on the Residence of Aliens: “The Ministry of Interior may also waive the default of another time limit under the Act on the Residence of Aliens if the time limit expired during the duration of the crisis situation.”

The condition to demonstrate an after-tax income amounting to twenty times the subsistence minimum of an entrepreneur—a natural person applying for the renewal of a temporary residence for the purpose of business—and the condition to demonstrate an after-tax profit of a business company or a cooperative on behalf of which they act for the previous taxable period amounting to at least sixty times the subsistence minimum in the case of a natural person who acts on behalf of a business company or a cooperative and applies for the renewal of a temporary residence for the purpose of business (Section 34, Paragraphs 6 and 7 of the Act on the Residence of Aliens): “shall not apply if the third-country national demonstrates compliance with the conditions pursuant to Section 34, Paragraph 6 or 7 for the previous taxable period during which the crisis situation lasted, provided that the third-country national submits a statutory declaration stating that their business activity was affected by the duration of the crisis situation during the previous taxable period.”

Medical examination of aliens in Bratislava and 12 other cities provided by Medical control s.r.o.

Tel.: 0948 350 123