AKMV Affidavit of Provision of Accommodation to a Foreign National
QUESTION
We are a transport company seeking to employ Serbian nationals as heavy goods vehicle (HGV) drivers. They will be performing international transport exceeding 3.5 tonnes. We intend to apply for temporary residence permits for the purpose of employment on their behalf. However, we are uncertain whether it is necessary to provide evidence of secured accommodation within the territory of the Slovak Republic, given that these drivers will be on the road for entire weeks. In which cases is it not required to submit a document confirming the accommodation of a foreign national?
ANSWER:
The Act on the Residence of Foreigners specifies instances in which it is not required to submit a document confirming accommodation upon the filing of an application for temporary residence. Pursuant to Section 32(2)(e) of the Act on the Residence of Foreigners, the provision of accommodation is not required in the case of:
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a third-country national who regularly commutes to employment or to school across the state border from a neighboring state;
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a third-country national applying for temporary residence under Section 23(1) who will be employed in international collective transport;
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a third-country national applying for temporary residence under Section 24, Section 25(1)(e), (f), or Section 30 who will be studying at a university or performing pedagogical or research activities;
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a third-country national applying for temporary residence under Section 25(1)(d) or Section 25(1)(h) who performs voluntary service within the European Voluntary Service; or
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a third-country national applying for temporary residence under Section 26 (for the purpose of research and development) or Section 29 (who has been granted the status of a Slovak Living Abroad).
In connection with transport, the confirmation of accommodation is not required provided that the foreign nationals perform activities as drivers in international collective transport. We provided information regarding this in our article “Temporary Employment Agencies (ADZ) will be entitled to assign foreign nationals as of January 1, 2019.”
A document confirming accommodation is likewise not required for a foreign national seeking temporary residence as a Slovak Living Abroad. Should your prospective employees apply for residence and hold a Certificate of a Slovak Living Abroad, they are not required to provide evidence of accommodation. In such cases, only the municipality of residence, rather than the full address, shall be recorded on the residence card.
In the event they do not hold the status of a Slovak Living Abroad, the provision of accommodation must be evidenced.
JUDr. Veronika Michalíková, MBA