Is it possible to conduct business activities in the case of temporary residence for the purpose of family reunification?

Pursuant to Act No. 404/2011 Coll. on the Residence of Foreigners and on the Amendment and Supplementation of Certain Acts, as amended (hereinafter referred to as the “Act on the Residence of Foreigners”), a foreigner’s temporary residence is tied to a specific purpose defined by law.

One of the purposes of temporary residence, pursuant to Section 27 of the Act on the Residence of Foreigners, is also family reunification. This allows the relatives of a foreigner who has been granted residence in the territory of the Slovak Republic—for example for the purpose of business or employment—to join him or her.

Temporary residence for the purpose of family reunification

Temporary residence for the purpose of family reunification may be granted, under the Act on the Residence of Foreigners, to a third-country national who is:

  • a family member of a third-country national with temporary or permanent residence,
  • a direct ascendant of an asylum holder under the age of 18, or
  • a dependent person under an international treaty.

A family member of a third-country national is considered to be:

  • a spouse (if both spouses are at least 18 years of age),
  • an unmarried child under the age of 18 of a third-country national and his or her spouse,
  • an unmarried child under the age of 18 of a third-country national,
  • an unmarried child under the age of 18 of the spouse of a third-country national,
  • a dependent unmarried child over the age of 18 of a third-country national, or a dependent unmarried child over the age of 18 of the spouse of a third-country national, who is unable to support himself or herself due to a long-term adverse health condition,
  • the parent of a third-country national or the parent of the spouse of a third-country national, who is dependent on his or her care and does not receive adequate family support in the country of origin.

If, after being granted temporary residence for the purpose of family reunification, the relatives wish to pursue other opportunities for self-realisation in the Slovak Republic (such as business activities or employment), the question arises whether this constitutes a change of residence purpose and therefore whether it is necessary to apply for temporary residence for a new purpose.

Business activities of a foreigner with temporary residence for the purpose of family reunification

According to Section 27(6) of the Act on the Residence of Foreigners, a foreigner who has been granted temporary residence for the purpose of family reunification may conduct business activities. However, the authorisation to engage in business does not apply to a foreigner who has been granted temporary residence for the purpose of family reunification as a dependent unmarried child over the age of 18 or as a parent dependent on care.

From the above it follows that a foreigner who has been granted temporary residence for the purpose of family reunification may engage in business activities also under this type of residence, and is not required to apply for temporary residence for the purpose of business. The condition, however, is that the purpose of family reunification continues to exist. If the purpose of family reunification ceases to exist—for example due to divorce or a child reaching the age of majority—it will be necessary either to apply for temporary residence for a different purpose or to terminate the residence in the territory of the Slovak Republic.

Assisting a family member in business activities

If a foreigner with temporary residence for the purpose of family reunification wishes to participate in the business activities of a family member, he or she may become a shareholder and/or managing director of an existing company. It is also possible for the relative to assist in the family member’s business; however, in such cases it is necessary to assess whether the characteristics of illegal employment might be fulfilled.

According to Section 2a(1) of Act No. 82/2005 on Illegal Work and Illegal Employment and on Amendments to Certain Acts: “Work performed for a natural person who is an entrepreneur, or for a legal entity that is a limited liability company with no more than two shareholders who are direct-line relatives, siblings or spouses, by a direct-line relative, sibling or spouse of that natural person or of one of those shareholders, shall not be considered illegal work, provided that such a direct-line relative, sibling or spouse is covered by pension insurance, is a recipient of a pension under special regulations, or is a pupil or student up to 26 years of age.”

Employment of a foreigner with temporary residence for the purpose of family reunification

According to Act No. 5/2004 on Employment Services and on Amendments to Certain Acts, an employer with a place of work located in the territory of the Slovak Republic may employ a foreigner who has been granted temporary residence for the purpose of family reunification after nine months of continuous residence in the territory of the Slovak Republic from the date on which the temporary residence for the purpose of family reunification was granted.

A work permit is issued to a third-country national who has been granted temporary residence for the purpose of family reunification during the period before the expiry of nine months from the granting of such temporary residence. The validity of the work permit expires upon the termination of temporary residence for the purpose of family reunification.

Family reunification with a student

The police department shall grant temporary residence for the purpose of family reunification to a third-country national who is a family member of a third-country national holding temporary or permanent residence, provided there are no grounds for refusing the application. It is not possible to obtain residence for the purpose of family reunification with a third-country national who has been granted temporary residence for the purpose of studies.

Medical examination of foreigners for the Foreign Police / Medical report for foreigners

Foreigners’ medical examination in Zlaté Moravce – The medical examination required for residence purposes by the Foreign Police in Zlaté Moravce is provided by the Clinic of Tropical and Infectious Diseases at AGEL Hospital, Bernolákova 4, Building 4, 2nd floor. The medical examination for foreigners can be completed without prior appointment.

Foreigners’ medical examination in Bratislava – AGEL Preventive Centre, Ružinovská 10, Bratislava. Available every working day from 7:00 to 11:00. The medical examination for foreigners can be completed without prior appointment.

Medical examination of foreigners in 12 additional locations is provided by Medical Control s.r.o.

Tel.: +421 948 350 123

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