AKMV Mobility of an Intra-Company Transferee
A third-country national has been granted residence in the Czech Republic, and we would like to transfer them within the company to a branch in Slovakia. What type of residence can they apply for?
Mobility of Foreign Nationals – Third-Country Nationals
QUESTION
ANSWER:
Under § 36a(1) of the Act on the Residence of Foreigners: “A temporary residence permit for the purpose of employment is not required if a third-country national holds a valid residence permit issued by another EU Member State for the purpose of an intra-company transfer, and the “type of residence” field in the permit indicates “ICT”, and:
the host entity based in the territory of the Member State has notified the Ministry of the Interior of the intention of the third-country national to exercise mobility before their arrival in the Slovak Republic,
the mobility is being carried out under the same employer or within the same group of employers under which the ICT permit was issued in the Member State,
the Ministry of the Interior has not raised objections under paragraph 3, and
the individual does not pose a threat to national security, public order, or public health.”
In other words, a third-country national who holds a valid ICT residence permit from the Czech Republic can stay and work in Slovakia without applying for a new residence permit. It is sufficient for the host entity to notify the Ministry of the Interior – Bureau of Border and Foreign Police (ÚHCP) – of the intended mobility.
Pursuant to Section 36a of the Act on the Residence of Foreigners:
“(2) Together with the notification pursuant to paragraph 1 letter a), the host entity with its registered office in the territory of a Member State shall submit:
proof that the host entity in the Member State and the employer in the third country belong to the same employer or employer group,
proof that the third-country national meets the conditions for performing a regulated profession (if applicable),
a valid travel document, and
information on the start and end date of the mobility.
§ 36a(3) The Ministry may raise objections within 20 days of receiving the notification if:
the person does not hold a valid ICT permit,
the conditions mentioned above are not met,
the employer and host entity are not part of the same group,
the person is not qualified for a regulated profession (if relevant),
the documents are forged or fraudulent,
the person does not have a valid travel document, or
the person has exceeded the maximum ICT duration (§ 23(5))
§ 36a(4) The Ministry must promptly send the objection to both the host entity and the Member State that approved the original ICT.”
Our office can assist you with the mobility notification process and provide full legal support for intra-company transfers of employees to Slovakia.
JUDr. Veronika Michalíková, MBA