- Highly Qualified Employment
- Procedure for Obtaining a Blue Card
- Can a foreigner holding a Blue Card conduct business?
- Obligations of a foreigner after being granted a Blue Card
- Medical Report / Medical Examination for Foreigners
- Blue Card Issued in Another Member State
- Who Cannot Apply for a Blue Card?
- When Can a Blue Card Application Be Rejected
- Renewal of the Blue Card
- Revocation of the Blue Card or Rejection of a Renewal Application
The conditions for obtaining temporary residence for the purpose of highly qualified employment are as follows:
- a monthly salary agreed in an amount of at least 1.2 times the average monthly wage of an employee in the economy of the Slovak Republic in the relevant sector, as published by the Statistical Office of the Slovak Republic for the calendar year preceding the year in which the Blue Card application is submitted. (The amount of the monthly salary corresponds to employment agreed for the full statutory weekly working time; if the employment is agreed for shorter working hours, the agreed monthly salary is proportionally reduced.)
- a higher level of professional qualification in the form of a university education or advanced professional skills,
- an employment contract for a minimum of six months,
What is a Blue Card?
The Blue Card entitles a third-country national to enter, reside, and perform highly qualified employment in the territory of the Slovak Republic, as well as to leave the territory of the Slovak Republic and re-enter it during the period for which the Blue Card is issued. (§ 37 of the Act on the Residence of Foreigners)
Aliens can submit an application for a Blue Card at any Alien Police Department in the Slovak republic, but only if the alien is staying in the Slovak republic legally. We need to point out that a tourist visa does not entitle one to submit an application in Slovakia. The application needs to be submitted by the alien at the Slovak Embassy.
Highly Qualified Employment
Highly qualified employment is employment for which a higher level of professional qualification is required.
A higher level of professional qualification is demonstrated by:
- a decision on the recognition of a higher education diploma, or
- a decision on the recognition of the level of higher education under a special regulation.
- If the highly qualified employment is listed in Annex No. 3, the higher professional qualification may also be demonstrated by a document confirming the acquisition of advanced professional skills; for this purpose, advanced professional skills are the knowledge, skills, and competences acquired through professional experience at a level comparable to higher education, which are essential for the performance of the highly qualified employment stated in the employment contract or written promise of the employer, and which were acquired over at least three years within the seven years preceding the submission of the Blue Card application.
Procedure for Obtaining a Blue Card
- The employer reports the vacancy at www.sluzbyzamestnanosti.gov.sk no later than on the day the application for the issuance of the confirmation is submitted.
- After reporting the vacancy, the employer requests the Labour Office to issue a confirmation on the possibility of filling the vacant position.
- The Labour Office has 15 working days to issue the confirmation on the possibility of filling the vacant position.
- The application for granting residence must be submitted to the Foreign Police within 180 days from the issuance of the confirmation on the possibility of filling the vacancy.
- If a complete application is submitted, the foreigner may begin working immediately.
Confirmation on the Possibility of Filling a Vacancy
Before submitting the application for the issuance of a Blue Card, the employer must report the vacant job position to the Labour Office.
The employer is not required to report a vacancy if:
- the applicant is a holder of a national visa issued in the interest of the Slovak Republic who will be employed in the same job position, or
- the applicant is a holder of temporary residence for the purpose of employment who will be employed in the same job position.
Where to Submit the Residence Application
A foreigner may submit an application for the issuance of a Blue Card within 180 days from the issuance of the confirmation on the possibility of filling a vacancy:
- at an embassy or consulate (according to the applicant’s place of residence or in the country of origin), or
- at a police department within 30 days of entering the territory of the Slovak Republic, if the foreigner is a third-country national who is a holder of a Blue Card issued by another Member State, or
- at a police department in the territory of the Slovak Republic only if the foreigner is lawfully present in the territory of the Slovak Republic.
Notice
Please note that, for example, tourist visas do not entitle applicants to submit the application in Slovakia. Under the law, the application for the issuance of a Blue Card must be submitted in person by the foreigner at a diplomatic mission abroad.
An application for the issuance of a Blue Card will be accepted by the diplomatic mission or the police department only unless:
- the third-country national fails to present a valid travel document, or
- the Labour Office did not deliver to the diplomatic mission or the police department the confirmation on the possibility of filling the vacant job position corresponding to the highly qualified employment, which contains consent to fill the position, or more than 180 days have passed since the issuance of such confirmation.
Právne služby
- Permanent residence for an unlimited period – legal services
- Permanent and temporary residence permit
- Medical check-up for foreigners in Bratislava, Kosice, Zlate Moravce and next 12 cities
- Temporary stay of a foreigner for the purpose of doing business
Period for Which Temporary Residence (Blue Card) Is Granted
The police department grants a Blue Card to a third-country national for a period of five years. If the validity period of the confirmation on the possibility of filling the vacancy corresponding to highly qualified employment is shorter than five years, the police department grants the Blue Card for the duration of that confirmation extended by 90 days, provided that the total duration of the Blue Card does not exceed five years.
Attachments to the Blue Card Application
Together with the application, which must be completed in the Slovak language on the official form, the foreigner must submit:
- a valid travel document – passport
- an extract from the criminal record of the country of which the foreigner is a national, and from all countries in which they have resided for more than 90 days during the last 6 consecutive months within the past 3 years (not older than 90 days)
(A third-country national is not required to provide a document proving a clean criminal record if they are applying for a change of type or purpose of residence and such a document was submitted with the previous residence application.) - proof of accommodation (not older than 90 days)
- administrative fee (stamp duty)
A third-country national who is a holder of a Blue Card issued by another Member State must also submit the valid Blue Card issued by that Member State.
Decision Period
If a complete application is submitted, the police department shall decide on the application for the issuance of a Blue Card within 30 days from its delivery. When a complete application is submitted, the foreigner may remain in Slovakia and work until the decision is issued.
Právne služby
- Permanent residence for an unlimited period – legal services
- Permanent and temporary residence permit
- Medical check-up for foreigners in Bratislava, Kosice, Zlate Moravce and next 12 cities
- Temporary stay of a foreigner for the purpose of doing business
Can a foreigner holding a Blue Card conduct business?
Yes. According to § 126(2) of the Act on the Residence of Foreigners:
“A foreigner pursuant to § 22, § 24(3), § 26(1), § 27(6), § 29(3), § 30(1)(a), § 37(1) and § 65(1)(b) may conduct business under the conditions established by a special regulation.”
Obligations of a foreigner after being granted a Blue Card
A foreigner is obliged in particular to:
- arrive in Slovakia within 180 days from the granting of the residence permit,
- register their place of residence within 3 working days from entering Slovakia,
- obtain health insurance within 3 working days from collecting the residence document,
- submit a medical report,
- reside in the territory of the Slovak Republic for more than half of the permitted duration of residence, and
- if they stay outside the territory of Slovakia for more than 180 days, they are obliged to report this to the Foreign Police.
Medical Report / Medical Examination for Foreigners
Please also note the obligation of the foreigner to submit to the police department a medical report confirming that they do not suffer from a disease that poses a threat to public health. A third-country national must submit the medical report to the police department within 30 days from collecting the residence document. A third-country national who submits the application for the issuance of a Blue Card at a police department must submit the medical report confirming that they do not suffer from a disease that poses a threat to public health within 30 days from submitting the application. The medical report confirming that the third-country national does not suffer from a disease that poses a threat to public health must not be older than 30 days.
You can obtain the medical report here:
- Foreigners’ medical examination in Zlaté Moravce – without prior appointment.
- Foreigners’ medical examination in Bratislava and 12 other cities provided in cooperation with AGEL by the company Medical Control
Tel.: 0948 350 123
Blue Card Issued in Another Member State
According to the Act on the Residence of Foreigners:
“If the police department issues a Blue Card to a third-country national who is a holder of a Blue Card issued by a Member State, it shall inform in writing the Member State that most recently issued a Blue Card to the third-country national prior to the issuance of the Blue Card in the Slovak Republic. A third-country national who is a holder of a Blue Card issued by a Member State and whose Blue Card expires during the procedure for the issuance of a Blue Card is lawfully residing in the territory of the Slovak Republic until the final decision on the application for the issuance of a Blue Card.”
Who Cannot Apply for a Blue Card?
A Blue Card will not be issued to a third-country national if:
- they are an applicant for asylum,
- they have applied for the provision of temporary refuge,
- they are a displaced person,
- they are applying for temporary residence for the purpose of research and development,
- they have been granted long-term residence status in a Member State and are applying for temporary residence in order to perform economic activity as an employee or as a self-employed person,
- based on agreements concluded between the European Union and Member States on the one hand and third countries on the other, they have, as a national of such third countries, the right to free movement equivalent to that of Union citizens,
- they have been granted tolerated residence in the territory of the Slovak Republic,
- they may remain in the territory of the Slovak Republic pursuant to § 61a,
- they enter the territory of the Slovak Republic on the basis of obligations arising from an international treaty; this does not apply in cases of intra-corporate transfer, or
- they meet the conditions under § 23(6)(b) (i.e., they are posted by an employer established in a Member State to the territory of the Slovak Republic in the framework of the provision of services by that employer), (d) (i.e., they provide deliveries of goods or services under a commercial contract), or (e) (i.e., for a company that has been granted investment aid under a special regulation, they provide deliveries of goods or services under a commercial contract).
When Can a Blue Card Application Be Rejected
According to § 39 of the Act on the Residence of Foreigners, the police department shall reject the application for the issuance of a Blue Card in the following cases:
- the third-country national does not meet the conditions for the issuance of a Blue Card,
- the third-country national submits documents obtained fraudulently, or forged or altered documents,
- the third-country national represents a threat to state security, public order, or public health,
- the third-country national has been a holder of a Blue Card issued by a Member State for less than 12 months,
- the employer with whom the third-country national is to be employed was established or operates with the main purpose of facilitating the entry of third-country nationals, or
- the third-country national has been a holder of a Blue Card issued by a Member State for less than six months after having held a Blue Card issued by another Member State or by the Slovak Republic.
Renewal of the Blue Card
If less than 12 months have passed since the Blue Card was granted prior to the submission of the application for residence renewal, it is necessary that:
- the employer reports the vacant job position, and
- submits an application to the Labour Office for the issuance of a confirmation on the possibility of filling the vacant position corresponding to highly qualified employment.
Once the Labour Office issues its consent to fill the position, it is possible to submit the application for renewal of residence at the Foreign Police.
The application for renewal of a Blue Card submitted by a third-country national who has held a Blue Card for less than 12 months will not be accepted by the police department only if the Labour Office has not delivered to the police department the confirmation on the possibility of filling the vacant position corresponding to highly qualified employment, which includes consent to fill the position, or if more than 180 days have passed since the issuance of such confirmation.
The application for renewal of the Blue Card (official form) must be submitted by the third-country national:
- in person at the police department / via electronic service,
- no later than on the last day of validity of the Blue Card.
The foreigner must attach to the application:
- a valid travel document (passport),
- an employment contract for the performance of highly qualified employment under § 37(3) and (4), corresponding to the higher professional qualification declared in the Blue Card issuance procedure, not older than 90 days; this does not apply if the third-country national has held a Blue Card for less than 12 months,
- a document proving secured accommodation,
- the administrative fee.
The police department shall issue a written decision on the application for renewal of the Blue Card within 30 days of receiving a complete application.
After the expiry of its validity, the Blue Card is considered valid in the territory of the Slovak Republic until the final decision on the application for renewal of the Blue Card. If the holder of the Blue Card has applied for a change in the type or purpose of residence, their stay in the territory of the Slovak Republic is considered lawful until the decision on that application. (§ 40 of the Act on the Residence of Foreigners)
Revocation of the Blue Card or Rejection of a Renewal Application
The police department shall reject the application for renewal of a Blue Card or revoke the Blue Card of its holder if:
- the Blue Card was obtained fraudulently, or the Blue Card was forged or altered,
- the holder does not meet or has ceased to meet the conditions for the issuance of a Blue Card,
- the holder performs an activity in the territory of the Slovak Republic other than highly qualified employment, unless § 126(2) or a special regulation provides otherwise,
- the holder poses a threat to state security, public order, or public health,
- during the first 12 months from the issuance of the Blue Card, the holder fails to notify the police department of a change of employer within five working days,
- during the first 12 months from the issuance of the Blue Card, the holder fails to notify the police department within five working days of the beginning of a period of unemployment,
- the holder has applied for assistance in material need pursuant to a special regulation, or
- the employer who employed the Blue Card holder after the latter has performed highly qualified employment for 12 months has been fined for violating the prohibition of illegal employment, or such employer does not meet the conditions under a special regulation.
The provisions under letters b) and g) do not apply if the Blue Card holder has been unemployed for less than:
a) three months, and has held the Blue Card for less than two years, or
b) six months, and has held the Blue Card for at least two years.
AKMV