AKMV Change of a foreigner’s residence purpose to business activities
QUESTION
A foreigner from a third country wants to change the purpose of residence to business. Until now, they had residence for employment purposes, and now they want to start doing business as a sole trader. What is the procedure at the Foreign Police Department (OCP), and what documents need to be submitted?
ANSWER:
In the case of changing the purpose of temporary residence from employment to business (trade), the following documents are required:
Application for the granting of temporary residence (the same form as for the initial granting)
2 photographs sized 3 x 3.5 cm
Trade license certificate
Confirmation of balance on personal account – 12 times the subsistence minimum (currently 210.20 EUR)
Confirmation of balance on business account – 20 times the subsistence minimum (currently 210.20 EUR)
Confirmation of secured accommodation
Documents proving the feasibility and sustainability of the business activity (e.g., contracts with future customers/suppliers/business partners, contracts for future contracts, price lists, orders, etc.)
In the case of submitting an application for temporary residence due to a change of the purpose of temporary residence, the foreigner does not have to submit a certificate of good conduct – extract from the criminal record (which is otherwise a mandatory attachment to the application for granting temporary residence) if such a document was submitted when applying for temporary residence for the original purpose.
If any of the bank accounts are held abroad, it is necessary to also submit statements (transactions) for the last 3 months from that account.
The application must be submitted in person. The deadline for issuing the decision is 90 days.
JUDr. Veronika Michalíková, MBA WARNING
A third-country national who has been granted temporary residence cannot submit an application for a change of the purpose of residence at the police department if they:
- a) for the purpose of employment (according to § 23(1) or (2)) for less than 12 months and wants to apply for temporary residence for the purpose of business (according to § 22),
- b) for the purpose of seasonal employment (§ 23(4)),
- c) is a pupil of full-time secondary school study (according to § 24(1)(a)); this does not apply if the third-country national has successfully passed the final or graduation exam within secondary school studies in the Slovak Republic,
- d) is a university student (according to § 24(1)(b)); this does not apply if the third-country national has duly completed secondary school studies in the Slovak Republic or obtained a first or second-level university degree, or
- e) participates in language or vocational preparation for university study (according to § 24(1)(c))
QUESTION
We are foreigners from Ukraine. Our family, together with our children, has been living and working in Slovakia for almost a year. We like it here and want to enroll our children in Slovak schools. We have all completed the necessary documents for the family. We have never had any problems with the law. We stayed through the quarantine in Slovakia and did not travel back to Ukraine (where the COVID-19 situation is still bad). We were employed through an agency, and now we need to renew our temporary residence permits. The employer also offered us the possibility to transfer from the agency to his main company because we are trained at our workplaces, and he has no issues with us. Currently, many people are leaving who do not work properly, violate internal work discipline, and often miss work. The employer wants us to continue working as responsible employees. However, the situation is this: my wife was told by the police that the decision is negative because the labor office sent a refusal (now for third-country nationals). My case is still in process. But there might be a chance. I want to ask you if it is possible to resolve our problem positively and get our temporary residence permits approved 100%. Because we have no chance and would have to return to Ukraine.
If it can be resolved, how much time would it take, and how much would your services cost?
ANSWER:
Unfortunately, we have received information from several current and former clients, as well as cooperating entities that employ third-country nationals, that the labor offices are scrutinizing the labor market situation more closely and, in most cases (especially for lower-skilled positions), do not grant work permits for foreigners. This is the cause of many negative decisions by the foreign police regarding applications for residence permits for employment purposes, as well as applications for the renewal of residence permits for employment purposes.
The situation is related to the increase in unemployment during the coronavirus pandemic. One solution for employers is to demonstrate to the relevant labor office that the employer has been genuinely searching for a suitable candidate over a long period, including in cooperation with several labor offices (through selection procedures involving multiple labor offices), but has been unsuccessful in filling the position.
The second option is to consider changing the purpose of residence (for example, from employment to business purposes), of course, if all conditions for this are met.
JUDr. Veronika Michalíková, MBA