AKMV Family reunification and the right to work
QUESTION
My wife obtained a residence permit in Slovakia for the purpose of family reunification. Is she allowed to work in Slovakia as well?
ANSWER:
According to Act No. 5/2004 Coll. on Employment Services, foreigners with a temporary residence permit for the purpose of family reunification (family members of a foreigner) may work in the territory of the Slovak Republic without the need for a work permit or confirmation of the possibility to fill a vacant job position. However, an employer based in Slovakia can employ them only after 9 months (previously it was 12 months) of uninterrupted residence in the territory of the Slovak Republic from the granting of the temporary residence permit for family reunification.
This follows from § 23a(1)(c) of the Employment Services Act:
“An employer may emmploy a third-country national who has been granted a temporary residence permit for the purpose of family reunification,
after 9 months of uninterrupted residence in the territory of the Slovak Republic from the granting of the temporary residence permit for family reunification,
who is a family member of a Blue Card holder,
who is a family member of a third-country national according to § 21b(8)(b) (note: who within an intra-corporate transfer performs professional training (internship) for the purpose of professional growth or acquiring knowledge in business management),
or according to (c) (note: who within an intra-corporate transfer performs a function of a leading employee or expert requiring extraordinary professional knowledge, skills, abilities, qualifications, and experience necessary for operation or management),
or according to (ag) (note: temporarily works based on mobility),
or who is a family member of a third-country national according to (f) (note: who has been granted temporary residence for research and development purposes).”
Without fulfilling the condition of 9 months’ residence, a foreigner may work in Slovakia if they are a family member of:
a Blue Card holder; or
a family member of a third-country national with higher education who, within an intra-corporate transfer, undergoes professional training — an internship for the purpose of professional growth or acquiring knowledge in business management;
a third-country national who, within an intra-corporate transfer, performs the function of a senior employee or expert requiring extraordinary professional knowledge, skills, abilities, qualifications, and experience necessary for operation or management;
or who temporarily works based on mobility;
an employer in a member state of the European Union within an intra-corporate transfer; or
who performs research and development based on a hosting agreement or whose teaching activity does not exceed 50 days in a calendar year;
a family member of a third-country national who has been granted temporary residence for the purpose of research and development, and
who performs research or development based on a hosting agreement or
whose teaching activity in an employment or similar relationship does not exceed 50 days in a calendar year.
During the period before the completion of 9 months from the granting of temporary residence for the purpose of family reunification, a third-country national may only work if they have been granted a work permit (§ 22 para. 9 letter c) of the Employment Services Act).
Work Permit
If a third-country national wants to work within 9 months from the granting of temporary residence for family reunification, they must apply to the Labour Office for a work permit.
According to § 21 para. 1 letter e): “An employer may only employ a third-country national who has been granted a work permit and has been granted temporary residence for the purpose of family reunification.”
The application for the work permit is submitted on a form whose template is determined by the central authority. The application must be accompanied by a copy of the residence document proving the granting of temporary residence for family reunification, if it concerns a third-country national pursuant to paragraph 9 letter c) (i.e., who has been granted temporary residence for family reunification within the period before the expiration of 9 months from granting that residence).
Please note that the validity of the work permit expires when the temporary residence for family reunification ceases.
JUDr. Veronika Michalíková, MBA