AKMV 
- Grounds for the cancellation of a foreigner's temporary residence
- When will a foreigner's temporary residence not be cancelled (immediately)?
- Cancellation of a foreigner's residence permit upon loss of employment (change of employer)
- Medical examination of foreigners for the foreign police / medical report for foreigners
A temporary residence authorizes a third-country national to reside in, depart from, and re-enter the territory of the Slovak Republic during the entire period for which it was granted to them by the police department. Although a temporary residence is always granted for a specified period, under the provisions of Act No. 404/2011 Coll. on the Residence of Aliens (hereinafter referred to as the “Act on the Residence of Aliens”), and depending on the specific purpose of the temporary residence, the Act on the Residence of Aliens also regulates the possibility of cancelling the temporary residence before the expiration of the period for which it was granted. In this article, we will address the temporary residence of a third-country national (outside the European Union), as temporary residence is not granted to citizens of EU Member States (who are granted permanent residence).
Tip
Please read further articles regarding the permanent residence of foreigners.
Grounds for the cancellation of a foreigner’s temporary residence
The grounds for the cancellation of a foreigner’s temporary residence are defined in the provisions of Section 36 of the Act on the Residence of Aliens. The police department shall cancel a foreigner’s temporary residence if:
- The purpose for which the temporary residence was granted has ceased to exist.
- The police department discovers facts that constitute grounds for the refusal of an application for a temporary residence. The grounds for the refusal of an application for a temporary residence are defined in Section 33, Paragraphs 6 and 7 of the Act on the Residence of Aliens. This applies, for example, to cases where the third-country national is an undesirable person, there is a reasonable suspicion that during their residence they will threaten state security, public order, or public health, they have concluded a marriage of convenience, they have provided false or misleading information, or submitted forged or altered documents or a document belonging to another person, the data in their travel document do not correspond to reality, it is obvious that the provided accommodation in the territory of the Slovak Republic does not meet the minimum requirements, etc.
- In this context, we also present several judicial decisions:
- “The participant in the proceedings, as the data subject/person concerned, has the right to learn at least the basic information as to why they pose a danger to the Slovak Republic, even in the event that such facts are derived from source materials with limited reviewability.” (PL. ÚS 15/03)
- According to the Judgment of the Supreme Court of the Slovak Republic, Case No. 1 Sža/10/2010: “it is necessary that in subsequent proceedings, not only the aspect of public interest be taken into account, but also the private aspect of the plaintiff, so that if the defendant prioritizes the public interest over the private interest, it is clear what considerations guided them in evaluating these two aspects and how they evaluated the other criteria of the application under review.”
- Similarly, in the Judgment Case No. 1 Sža 1/2009, the Supreme Court of the Slovak Republic states: “Therefore, if the administrative authority concludes that a conflict between private interest and public interest has occurred, it must, in its decision, if it prioritizes the public interest, properly justify why it was prioritized, so that it can be unambiguously assessed from the content of the decision whether by denying the granting of the permit for their residence in the territory of the Slovak Republic…, the right of the plaintiff (foreigner)… was not disproportionately restricted or revoked.” The same conclusions are drawn, for example, from the Judgment of the Supreme Court of the Slovak Republic, Case No. 1 Sža/10/2010.
- The third-country national has failed to submit, within a period of 30 days from the receipt of the residence card, a medical report confirming that they do not suffer from a disease threatening public health. The list of diseases threatening public health is defined in the Decree of the Ministry of Health of the Slovak Republic of 12 November 2011 No. S11181/2011-OL, establishing details on the issuance of a medical report confirming that a third-country national does not suffer from a disease threatening public health and the list of diseases threatening public health.
- The third-country national has violated the obligation to reside in the territory of the Slovak Republic for more than half of the duration of the granted temporary residence in a calendar year (except for cases where they exercise mobility in another EU Member State). This ground for the cancellation of temporary residence does not apply only to persons holding temporary residence of a third-country national who has been granted long-term resident status in another Member State, or granted the status of a Slovak Living Abroad, or if there are fewer than 90 days from the granting of the temporary residence until the end of the calendar year in which the temporary residence was granted.
- The third-country national has seriously or repeatedly violated an obligation established by the Act on the Residence of Aliens.
- The Office of Labour, Social Affairs and Family shall cancel the confirmation on the possibility of filling a vacancy in the case of a foreigner who has been granted temporary residence for the purpose of employment. Pursuant to the provisions of Section 21b, Paragraph 13 of Act No. 5/2004 Coll. on Employment Services, the cancellation of the confirmation on the possibility of filling a vacancy may occur if the Office of Labour, Social Affairs and Family, through its supervisory activities, discovers a violation of generally binding legal regulations, or if the third-country national has failed to report to work within seven working days from the day agreed upon as the date of commencement of employment.
- The third-country national who has been granted a residence permit for the purpose of business has entered into an employment relationship.
- The third-country national performs an activity other than that for which the temporary residence was granted, provided that the granted temporary residence does not permit the performance of such activity (for example, a foreigner who has been granted temporary residence for a purpose other than the purpose of study may study pursuant to Section 20, Paragraph 3 of the Act on the Residence of Aliens, or a foreigner with temporary residence for the purpose of study may conduct business pursuant to Section 24, Paragraph 3 of the Act on the Residence of Aliens, etc.).
- the third-country national has provided false or misleading information or submitted forged or altered documents in connection with the provision of accommodation during the valid residence or the financial guarantee of the residence in the territory of the Slovak Republic,
- the third-country national who is a full-time student at a secondary school or a university student fails to fulfill or cannot fulfill the purpose for which the temporary residence was granted to them,
- the third-country national does not fulfill the purpose of the temporary residence in the territory of the Slovak Republic.
When will a foreigner’s temporary residence not be cancelled (immediately)?
Despite the occurrence of any of the aforementioned grounds, the temporary residence may not be cancelled in all cases. Pursuant to the provisions of Section 36, Paragraph 2 of the Act on the Residence of Aliens, the police department shall not cancel a foreigner’s temporary residence if “the consequences of the cancellation of the temporary residence would be disproportionate to the ground for the cancellation of the temporary residence, particularly with regard to the private and family life of the third-country national.”
Contact us!
If you are interested in legal services, please do not hesitate to contact us at recepcia@akmv.sk.
In the case of a temporary residence of a third-country national who has been granted long-term resident status in another Member State and is employed in the territory of the Slovak Republic, or a third-country national granted a temporary residence for the purpose of employment, if the employment relationship is terminated (and thus the purpose of residence has ceased to exist), the temporary residence may be cancelled only after the expiration of 60 days from the termination of employment. The aforementioned period allows the foreigner to find alternative employment.
In the case of a national holding a temporary residence for the purpose of study, or a third-country national who has been granted long-term resident status in another Member State and studies in the territory of the Slovak Republic, the temporary residence may be cancelled only after the expiration of 30 days from the successful completion of the final examination, school-leaving examination (maturita), final post-secondary examination, or graduate examination. For the aforementioned students, as well as for students studying in the territory of the Slovak Republic on the basis of a temporary residence for the purpose of special activity – an activity resulting from programs of the Government of the Slovak Republic or European Union programs, [the temporary residence may be cancelled] after the expiration of 30 days from the regular completion of university studies.
Likewise, a temporary residence shall not be cancelled before the expiration of the validity of the temporary residence for the purpose of family reunification in the case of a family member – an unmarried child under 18 years of age of a third-country national and their spouse, their unmarried child under 18 years of age, or an unmarried child of their spouse under 18 years of age – who has attained majority (reached the age of 18).
In practice, it works in such a way that the police authority initiates the residence cancellation proceedings only after this “grace period” expires, and the actual issuance of the decision is preceded by a notice to submit comments. Therefore, in practice, the residence is not cancelled “overnight,” but only by a final and effective decision.
Cancellation of a foreigner’s residence permit upon loss of employment (change of employer)
Temporary residence is always tied to a specific purpose; for example, it is granted to a foreigner for the purpose of employment. If the employment relationship with the foreigner is terminated, the employer is obliged to notify the relevant department of the foreign police of this termination within 3 working days from the termination. The foreigner has a 60-day period to find alternative employment. The foreigner must report the new employment to the foreign police, along with the submission of a new employment contract that also specifies the salary amount. To execute this change, they will need to appear at the foreign police department in person and, in addition to the employment contract, present a valid passport and their residence card. However, it is important to note that the new employer must fulfill their job reporting obligation and report the vacancy, for instance, on the portal sluzbyzamestnanosti.gov.sk. After the expiration of 20 working days (unless it is a shortage occupation position, where this period does not have to be observed), they may request the issuance of a confirmation/consent to fill the vacancy.
After the expiration of 60 days from the termination of the employment relationship, the police department will initiate the residence cancellation proceedings. As we have already stated above, the police department will first issue a notice to the foreigner to submit comments regarding the information that the process of cancelling their residence is being initiated, and will set a deadline for the response. Only subsequently will it issue the decision on the cancellation.
Medical examination of foreigners for the foreign police / medical report for foreigners
Medical examination of foreigners in Zlaté Moravce even without an appointment.
Medical examination of foreigners in Bratislava and 12 other cities is provided by Medical control s.r.o.
Tel.: 0948 350 123
