Change of the purpose of temporary residence of a foreigner

In this article, we will go through basic information regarding the change of the purpose of residence.

Temporary residence within the meaning of Act No. 404/2011 Coll. on the Residence of Foreigners and on amendments and supplements to certain acts (hereinafter as the “Act on the Residence of Foreigners”) is always granted only for a specific purpose, such as business, employment, study, or family reunification. If the purpose for which the temporary residence was granted ceases to exist, it is a reason for the cancellation of the temporary residence. In practice, however, cases commonly occur where one purpose of temporary residence expires, but another purpose could be relevant for the foreigner. We will take a closer look at the mentioned situation in this article.

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If you are interested in legal services regarding temporary residence, do not hesitate to contact us at office@akmv.sk or by phone at 0915 046 749.

Change of the purpose of residence – who can submit an application in Slovakia

At the police department, an application for a change of the purpose of residence cannot be submitted by a third-country national who has been granted temporary residence (*wording effective from 1.7.2025):

  • a) for less than two years and wants to submit an application for granting temporary residence according to § 22 (note: for the purpose of business),
  • b) according to § 23 par. 4 (note: for the purpose of seasonal employment),
  • c) according to § 24 par. 1 letter a) (note: for the purpose of study, is a student of full-time study at a secondary school); this does not apply if the third-country national has successfully passed the final exam or the school-leaving exam within the framework of study at a secondary school in the Slovak Republic,
  • d) according to § 24 par. 1 letter b) ) (note: for the purpose of study, is a university student); this does not apply if the third-country national has duly completed study at a secondary school in the Slovak Republic or obtained a university education of the first level, second level, or third level, or
  • e) according to § 24 par. 1 letter c) (note: is participating in language or vocational training for university study).

For what purpose can a foreigner have residence?

The individual purposes of temporary residence are defined in the provision of § 21 of the Act on the Residence of Foreigners as follows:

  • business
  • employment
  • study
  • special activity (which includes, e.g., lecturing activity, sports activity, artistic activity, volunteer activity, activity of a journalist accredited in the SR, and others)
  • research and development
  • family reunification
  • performance of official duties by civilian units of the armed forces
  • granted status of a Slovak living abroad
  • granted status of a person with long-term residence in another member state

On the basis of temporary residence, a foreigner may perform in the territory of the Slovak Republic only such activity for which the temporary residence was granted, that is, activity resulting from a specific purpose. A foreigner may perform other activities only if the law expressly allows it. For example, even a foreigner who has been granted temporary residence for a purpose other than the purpose of study may, according to § 20 par. 3 of the Act on the Residence of Foreigners, study, or a foreigner with temporary residence for the purpose of study may, according to § 24 par. 3 of the Act on the Residence of Foreigners, do business, and so on.

Change of the purpose of residence

If a foreigner wants to perform in the territory of the Slovak Republic a different activity than the activity for which the temporary residence was granted to him, it is necessary to submit an application for granting temporary residence for a new purpose. You can read more about submitting an application for temporary residence here.

The application must be submitted with the following documents:

  1. prescribed application form (for a change of the purpose of residence, the application form for renewal of residence is used)
  2. valid travel passport
  3. two color photographs (3 x 3.5 cm)
  4. a document proving the new purpose of residence (e.g., if the new purpose of residence is to be employment, then an employment contract or a promise from the employer; if the new purpose is business, then a document on business is submitted)
  5. a document on accommodation in Slovakia for at least 6 months from the granting of residence or for the entire stay if applying for temporary residence for a shorter time (does not apply in the case of regular commuting to work across the state border from a neighboring state). This document can be a notary-verified lease agreement (in which the applicant figures as the lessee / one of the lessees; signatures of both the lessor and the lessee must be notary-verified) or a notary-verified affidavit of the property owner that they will provide you with accommodation (in the affidavit, the signatures of all owners must be notary-verified) or a confirmation from an accommodation facility (hotel, hostel) about providing accommodation. A title deed is no longer required.
  6. a document on financial coverage of the stay in the amount of the subsistence minimum for each month of stay; if the stay exceeds 1 year, in the amount of 12 times the subsistence minimum (proven in the case of the new purpose of employment – by the employer’s confirmation of the amount of the agreed wage, or for other purposes – by a confirmation of the balance on an account maintained in a bank in the name of the foreigner and an account statement for the last three months if the account is maintained abroad)
  7. administrative fee paid by e-stamps (stamps can be bought at the post office, or also directly in the stamp machine at the foreign police department)

In this context, we point out that according to the provision of § 32 par. 3 of the Act on the Residence of Foreigners, in the case of submitting an application for granting temporary residence due to a change of the purpose of temporary residence, the foreigner does not have to submit a document proving integrity – an extract from the criminal record (which is otherwise also a mandatory attachment to the application for granting temporary residence), if they submitted such a document when submitting the application for granting temporary residence for the original purpose.

Change of the purpose of residence to business

A foreigner, however, can have only one purpose (meaning if they want to do business, for example, they cannot be employed and vice versa).

Tip

If a foreigner has temporary residence for the purpose of employment, they cannot change the purpose to business before the expiration of 12 months of the granted temporary residence for the purpose of employment.

When changing the purpose of residence to business, it is also necessary to provide the documents above:

  1. valid travel document / residence document
  2. two color photographs with dimensions 3 x 3.5 cm showing the current appearance
  3. stamp
  4. a document proving the new purpose:
    1. for a self-employed person, a certificate of trade business is submitted
    2. if it is a functioning commercial company in which they want to be a statutory body (director or member of the board of directors), it is necessary to provide an extract from the commercial register of this company and the minutes from the general meeting with verified signatures of the partners regarding the appointment
    3. for a newly established company, a business plan is submitted d
  5. ocument on accommodation
  6. financial coverage – confirmation of the balance on a personal account maintained in a bank in the name of the applicant confirming financial coverage at least in the amount of 12 times the subsistence minimum (subsistence minimum from 1.7.2020 to 30.6.2021 is 214.83 EUR), plus confirmation of the balance on a business account maintained in a bank in the business name of the company confirming financial coverage at least in the amount of 100 times the subsistence minimum (subsistence minimum from 1.7.2020 to 30.6.2021 is 214.83 EUR), for a self-employed person in the amount of 20 times the subsistence minimum

The police department will grant temporary residence for the purpose of business for the expected time of the business, but for a maximum of three years. In practice, however, we encounter the fact that residence is granted for 1.5 to 2 years.

Change of the purpose of temporary residence to employment

If the purpose of residence changes to a new purpose – employment (it does not matter what the original purpose of residence was), it is necessary to submit an employer’s promise (on an official form). Regarding temporary residence for the purpose of employment, we point out that before submitting the application, a vacant work position is announced on the portal istp.sk, or through the relevant labor office. Therefore, if someone is changing the purpose of residence, they can submit the application for a change of the purpose of residence only on the 21st day after the publication of the vacant work position, or if it is a shortage position, already on the 2nd day after publication. You can find the list of shortage positions on the website of the Central Office of Labour, Social Affairs and Family here.

Change of the purpose of temporary residence from study to employment

ATTENTION! Change from 1.7.2025

At the police department, an application for a change of the purpose of residence cannot be submitted by a third-country national:

  • c) according to 24 par. 1 letter a) (note: for the purpose of study, is a student of full-time study at a secondary school); this does not apply if the third-country national has successfully passed the final exam or the school-leaving exam within the framework of study at a secondary school in the Slovak Republic,
  • d) according to 24 par. 1 letter b) ) (note: for the purpose of study, is a university student); this does not apply if the third-country national has duly completed study at a secondary school in the Slovak Republic or obtained a university education of the first level, second level, or third level, or
  • e) according to § 24 par. 1 letter c) (note: is participating in language or vocational training for university study)”.

The change is thus possible only in the case that there was a successful completion of study at a secondary school or university as stated above.

A common thing for third-country foreigners who have completed university study in Slovakia and have become employed is the need to arrange temporary residence in the territory of the Slovak Republic, as in this case, it is a change of the purpose of residence from study to the purpose of employment. According to § 23a par. 1 letter t) of Act No. 5/2004 Coll. on Employment Services and on amendments and supplements to certain regulations: “An employer may employ a third-country national who has successfully completed study at a secondary school or study at a university in the territory of the Slovak Republic.”

If a foreigner studied at a Slovak university, a specific feature when arranging temporary residence is that it will not be necessary to obtain a work permit, nor a confirmation of the possibility to fill a vacant work position from the Office of Labour, Social Affairs and Family. This is replaced by a confirmation from the employer that a work permit or a confirmation of the possibility to fill a vacant work position from the labor office is not required. It is only necessary to bring a completed form to the labor office – an information card on the commencement of the employment relationship.

According to the Act on the Residence of Foreigners: “Temporary residence for the purpose of employment shall be granted by the police department also to a third-country national on the basis of a work permit or to a third-country national for whom a work permit or a confirmation of the possibility to fill a vacant work position is not required.”

According to the Act on the Residence of Foreigners, within 3 working days from the successful passing of state exams, it is necessary to notify the foreign police of the termination of the purpose of residence, and from then a 30-day protection period begins to run for submitting an application for temporary residence for the purpose of employment. We point out that failure to fulfill legal obligations by a foreigner can be a reason for the cancellation of the granted temporary residence by the foreign police department.

When submitting an application for temporary residence for the purpose of employment, a diploma from a Slovak university and a confirmation from the employer that a work permit is not necessary will suffice for the foreigner to prove the purpose of residence.

Change of employment

Also, a change of employer must be reported to the foreign police. Again, the obligation to report a vacant work position applies first, only then is the change of employment reported.

We informed you about the procedure for changing an employer in our article: Change of job position or employer during valid residence.

Deadline for decision on the change of the purpose of residence

The foreign police have 90 days to decide on the change of the purpose of residence from the delivery of a complete application. An application for a change of the purpose of residence does not have to be complete upon submission.

Fees for the change of the purpose of residence

You can find current fees of the foreign police here: Fees of the foreign police

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