AKMV Cancellation of Temporary Residence of a Foreigner in Slovakia
QUESTION
Hello, my acquaintance had a temporary residence permit for 2 years. It expired six months ago, and he hasn’t paid health insurance for a year. What should he do now? Should he report himself, or will he be deported?
ANSWER:
The only viable option we see is for the individual to leave the territory of the Slovak Republic. If a third-country national is currently residing in Slovakia without a valid residence permit, they are staying illegally (unless they are from a visa-free country). Renewal of temporary residence must be done before the current permit expires — that means the renewal application should have been submitted no later than the last day of the valid stay. If he had done so, he could have remained in Slovakia legally until a decision was made on the renewal.
At this point, if he is stopped by the police for an ID check, there is a high likelihood he will be detained and deported, with the possibility of being banned from entering Slovakia for several years.
He was also obliged to return his residence card to the foreign police after the permit expired.
If he has unpaid health insurance contributions, that would be an obstacle for renewing his stay. In any case, we recommend settling all outstanding debts properly.
JUDr. Veronika Michalíková, MBA QUESTION
How to proceed if a third-country national was granted residence for the purpose of employment, but decides to take a different job outside Slovakia and does not start working for our company despite already being granted residence?
ANSWER:
As an employer, you have several obligations even in this situation. First of all, it is necessary to return the residence card to the competent department of the Foreign Police. In addition to returning the card, you must also notify the Foreign Police department that the foreign national did not start the job. Similarly, the non-commencement of employment must also be reported to the Labour Office. The time limits are as follows:
The employer is obliged to inform the Labour Office in writing within seven working days from the agreed date of commencement of employment if a third-country national, who has been granted either a work permit or temporary residence for the purpose of employment based on a confirmation of the possibility to fill a vacancy, did not take up employment.
inform the Foreign Police department in writing within three working days
JUDr. Veronika Michalíková, MBA