Can a foreigner (husband of a Slovak woman) work without a work permit?

The conditions for employing foreigners with a place of work in the territory of the Slovak Republic are regulated by Act No. 5/2004 Coll. on Employment Services and on amendments to certain acts. According to the provisions of Section 23a(1)(a) of the said act, an employer may employ a third-country national who has been granted permanent residence in the territory of the Slovak Republic (without the need for a work permit or confirmation of the possibility to fill a vacant position).

The conditions for granting permanent residence are regulated in Act No. 404/2011 Coll. on the Residence of Foreigners and on amendments to certain acts. Pursuant to Section 43(1)(a), a third-country national who is the spouse of a Slovak citizen with permanent residence in the territory of the Slovak Republic is also entitled to apply for permanent residence. The foreigner is entitled to apply for permanent residence for five years, and subsequently, they may be granted permanent residence for an unlimited period.

The application for permanent residence must be submitted in person. A national may submit the application at a diplomatic mission of the Slovak Republic or at a Foreign Police department if they are residing in the Slovak Republic based on a valid residence permit (e.g., based on a previously issued temporary residence permit for the purpose of employment), if they are residing in the Slovak Republic based on granted tolerated stay, a national (D) visa, or a Schengen visa granted by another member state based on a representation agreement for granting Schengen visas between the Slovak Republic and another member state, if it concerns a third-country national from whom a visa is not required, or a person with the status of a Slovak Living Abroad.

The application must be submitted on an official form along with current photographs (2 pcs, 3 x 3.5 cm), a marriage certificate, an extract from the criminal record, and documents proving financial resources and the provision of accommodation.

It follows from the above that as long as you, as the wife of a foreigner, have permanent residence in the territory of the Slovak Republic, your husband may apply for permanent residence. As a foreigner with permanent residence in the Slovak Republic, he can be employed without a work permit and without confirmation of the possibility to fill a vacant position. In the event that your husband does not apply for permanent residence after the marriage but resides in the Slovak Republic based on a temporary residence permit for the purpose of employment, a work permit or confirmation of the possibility to fill a vacant position would be required for every change of employment.