Internship of a non-EU foreign national in Slovakia
QUESTION
We would like to request information regarding the possibility of inviting a third-country national to Slovakia for a short-term professional internship. As a company, we would fully take care of this individual and cover all related costs. The internship does not necessarily have to be associated with gainful employment, but if that is possible, it would also be welcome. The individual in question would most likely be a citizen of an Asian country (India, Malaysia).
ANSWER:
We would like to inform you that in the case of third-country nationals participating in a professional internship in the SR (short-term stay), the general conditions for granting a Schengen visa apply. We would, of course, be able to help you with the granting of the visa.
The inviting organization (your company) will confirm the purpose of the stay in the supporting documents – the organizing of a professional internship (list of participants, location of the internship, date, program of the internship, what the inviter pays for the participant, and what the participant pays for themselves). The consul, based on their own discretion, may require the submission of an invitation verified by the foreign police for the application. We would, of course, also prepare that for you.
A Schengen visa does not entitle the holder to perform gainful activity. In the case of a stay of third-country nationals associated with gainful activity, the relevant Office of Labour, Social Affairs and Family would have to be involved in the process, meaning the process would be more complex.
In the case of a stay longer than 90 days, the applicant must apply for the granting of temporary residence for the given purpose, according to Act No. 404/2011 Coll. on the Residence of Foreigners. An application for temporary residence can be submitted at the territorially relevant diplomatic mission of the SR abroad (in the case of nationals of India at the Embassy of the SR in Delhi, in the case of nationals of Malaysia at the Embassy of the SR in Jakarta), or at the territorially relevant department of the foreign police in the SR after being granted a national visa at a diplomatic mission of the SR.
The conditions for the entry of third-country nationals during the emergency situation in the SR are published on the website of the Ministry of Foreign and European Affairs of the SR. We point out that currently, the entry of foreigners from states that are not on the list of so-called less dangerous states is restricted. The conditions for granting visas at diplomatic missions and accepting applications for temporary residence in the territory of the SR depend on the epidemiological situation in the country of the seat of the diplomatic mission, based on local Schengen cooperation, and it is fully within the competence of the head of the diplomatic mission. The acceptance of visa applications at some diplomatic missions may currently be suspended. (source: mzv.sk)
According to the opinion of the Central Office of Labour: “Regarding information about the invitation of a third-country national and their stay, contact the Ministry of Interior, Bureau of Border and Foreign Police, within whose jurisdiction this issue falls (temporary residence for a special activity – an internship is possible, but only for certain categories of foreigners and it concerns an unpaid internship). The Act on Employment Services does not define exceptions (Section 23a) in the employment of foreigners for the performance of a paid internship without a work permit. In the case of a paid internship – gainful activity, we treat it as employment, and the procedure follows Section 21b, as in the case of classic employment of a third-country national.”
AKMV
JUDr. Veronika Michalíková, MBA