Foreigner registered in the Commercial Register

Turkish Citizen as an Executive in an S.R.O. Without a Granted Residence Permit

In the sense of Section 7, Paragraph 14 of Act No. 530/2003 Coll. on the Commercial Register: “Prior to the registration of a foreign natural person as a person authorized to act on behalf of the entrepreneur, the registration court shall verify whether this natural person has a residence permit in the Slovak Republic. A permit is not required if it concerns a citizen of a Member State of the European Union or a citizen of a Member State of the Organization for Economic Cooperation and Development.”

Turkey is a member state of the Organization for Economic Cooperation and Development (OECD), and therefore it is not necessary for a citizen of Turkey to be granted residence in the territory of the Slovak Republic in the event that they wish to perform the function of an executive (konateľ). However, if they wish to physically reside in the territory of Slovakia, it is necessary that residence be granted to them.

Termination of Temporary Residence During an Extraordinary Situation

Since February 26, 2022, an extraordinary situation (mimoriadna situácia) has been declared in the Slovak Republic due to the war in Ukraine, which currently still persists.

In the sense of Section 131k, Paragraph 1 of Act No. 404/2011 Coll. on the Residence of Foreigners (hereinafter “the Act on the Residence of Foreigners”): “The validity of temporary residence, permanent residence, or tolerated residence, which would otherwise expire during the extraordinary situation declared in connection with the mass influx of foreigners into the territory of the Slovak Republic caused by the armed conflict in the territory of Ukraine (hereinafter ‘extraordinary situation’), is extended until the expiration of two months from the revocation of the extraordinary situation; this does not apply to a third-country national whose application for renewal of temporary residence was denied. In connection with the extension of the validity of residence according to the previous sentence, the police department, with the consent of the Ministry of Interior and upon the application of the third-country national, shall issue a residence document with a validity determined by a specific date if it is necessary for the fulfillment of the purpose of residence.”

Visa-Free Travel for Citizens of Turkey in Slovakia

In the sense of Article 1 of the Announcement of the Federal Ministry of Foreign Affairs No. 170/1991 Coll.: “Citizens of the contracting states who are holders of a valid diplomatic, special, or service passport may enter the other contracting state and reside therein for three months without a visa.”

Visa-free travel does not apply to Turkish citizens who are holders of ordinary passports.

Demonstration of Profit Upon Renewal of Temporary Residence for the Purpose of Business

In the sense of Section 34, Paragraph 7 of the Act on the Residence of Foreigners: “A third-country national is obliged to demonstrate the after-tax profit of the commercial company or cooperative on behalf of which they act for the previous taxable period for an application for renewal of temporary residence according to Section 22, Paragraph 1, Letter b), at minimum in the amount of sixty times the subsistence minimum; in the case of a third-country national whose business plan was assessed by the Ministry of Economy of the Slovak Republic as an innovative project, at minimum in the amount of twenty times the subsistence minimum; if they did not conduct business for the entire previous taxable period, they are obliged to demonstrate an after-tax profit in the amount of five times the subsistence minimum for each month of residence in the previous taxable period. If a third-country national acts on behalf of multiple commercial companies or cooperatives, at least one commercial company or cooperative on behalf of which they act must meet the condition for the amount of after-tax profit according to the previous sentence. If the third-country national was not yet authorized to act on behalf of a commercial company or cooperative in the previous taxable period, they are obliged to demonstrate financial security for the business activity in the amount of thirty times the subsistence minimum with a bank statement according to Section 32, Paragraph 7 for the application for renewal of temporary residence according to Section 22, Paragraph 1, Letter b).”

In the Slovak Republic, as of July 1, 2024, the amount of the subsistence minimum is €273.99. The after-tax profit of the commercial company must be in the amount of €16,439.40.

A third-country national who has obtained temporary residence in the territory of the Slovak Republic for the purpose of business as a natural person (self-employed) may begin doing business in the territory of the Slovak Republic only after registration in the Commercial Register. However, if a foreigner obtains long-term residence in the territory of the Slovak Republic (which is effectively permanent residence), they are regarded as a domestic sole trader—a Slovak. From the perspective of commercial law, they cease to be viewed as a foreigner and become a domestic person. Therefore, it is no longer necessary for them to be registered in the Commercial Register as an enterprise of a foreign person. However, in order to change the trade (transitioning from an enterprise of a foreign person to a classic sole proprietorship), deletion from the Commercial Register is required first, and only then can the trade be notified. For deletion from the Commercial Register, consents from tax administrators are required, including, among others, the tax office.

“If a taxable person registered under Section 5 or Section 6 of the VAT Act ceases to fulfill the status of a foreign person (e.g., due to the fact that they established an establishment in the SR within the meaning of Section 4, Paragraph 5 of the VAT Act, or if the seat was moved to the SR or a change of residence occurred) and continues to perform an activity in the domestic territory that is subject to tax, this taxable person is considered a person registered under Section 4 of the VAT Act from the day they ceased to fulfill the status of a foreign person, even if they do not yet have an issued amended certificate of registration for VAT. This person is a taxpayer from the original day when the certificate of registration for VAT under Section 5 or Section 6 of the VAT Act was issued to them, but they are considered a taxpayer registered under Section 4 of the VAT Act from the day they ceased to fulfill the status of a foreign person.

Upon a change of registration, the taxable person is obliged to notify the Bratislava Tax Office of the fact that they ceased to fulfill the status of a foreign person within a period of 10 days from the day they ceased to fulfill this status.”