National visas

According to § 17 paragraph 8 of Act No. 404/2011 Coll. on the Residence of Foreigners (hereinafter the “Act on the Residence of Foreigners”): “A diplomatic mission or police authority is authorized to cancel a national visa if:

a) facts are found that would justify not granting the national visa,
b) the third-country national is administratively expelled or has been sentenced to expulsion,
c) the third-country national does not fulfill the purpose for which the national visa was granted,
d) the third-country national has been convicted of an intentional criminal offense,
e) the third-country national is an undesirable person,
f) the third-country national has seriously or repeatedly violated an obligation under this Act, or
g) the third-country national requests the cancellation of the national visa.”

The employer’s duty to inform the police authority follows from § 115 paragraph 5 of the Act on the Residence of Foreigners: “The employer is obliged to notify the police authority in writing within three working days:

a) of the third-country national’s failure to start employment, if the third-country national has been granted a national visa under § 15 paragraph 1 letter d) or is a third-country national under § 23 who issued a written commitment to employment, and
b) of the termination of employment of a third-country national who has been granted a national visa under § 15 paragraph 1 letter d) or a third-country national under § 23.”

The employer is also obliged to inform about the start and termination of employment according to § 23b paragraph 2 of Act No. 5/2004 Coll. on Employment Services (hereinafter “Act on Employment Services”): “The employer must notify the office in writing of the start and termination of employment of an EU citizen, their family members, and a third-country national within seven working days from the day of starting or terminating employment. If it concerns employment of a third-country national, the employer must attach a copy of the employment contract to the notification. If it concerns employment of a third-country national under § 21 paragraph 1 letter i), the employer must attach a copy of the employment contract or agreement on work performed outside of employment.”

Information about the notification can be found here.

According to § 23b paragraph 3 of the Act on Employment Services: “The employer must notify the office in writing if a third-country national who was granted a work permit or has temporary residence for employment based on a confirmation of the possibility to fill a vacant position did not start employment within seven working days from the agreed starting date.”

The Central Office of Labour, Social Affairs and Family has confirmed by phone that in the case of a third-country national who was granted national visas for employment and did not start work, the employer is not obligated to report their failure to start employment. Nevertheless, it is recommended to send a written notification of the employee’s failure to start work to both the Central Office of Labour and the Ministry of Interior, which issued the visas.

How to terminate employment with an employee who was granted national visas but did not start work?

According to § 19 paragraph 2 of Act No. 311/2001 Coll., the Labour Code, as amended (hereinafter the “Labour Code”), if an employment contract has been concluded with an employee who has not yet started work, the employer has the right to withdraw from the employment contract if:

a) the employee does not start work on the agreed starting date without being prevented by an obstacle at work,

b) the employee does not inform the employer within 3 working days about an obstacle preventing them from starting work on the agreed date, or

c) the employee was lawfully convicted of an intentional criminal offense after concluding the employment contract.

According to information provided by the National Labour Inspectorate, if the employee has already started work and then fails to show up, it is considered a breach of work discipline unless prevented by obstacles on the employee’s side. In case of a serious breach of work discipline, the employer may terminate the employment immediately or by giving notice. Immediate termination is not allowed for pregnant employees, employees on maternity leave, employees on paternity leave, employees on parental leave, single employees caring for a child under three years of age, or employees personally caring for a close person with a severe disability. For these employees (except for those on maternity or paternity leave), the employer can only terminate the employment by notice for serious breaches of discipline.

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According to § 1 paragraph 4 letter b) of Government Regulation No. 521/2021 Coll. on the interest of the Slovak Republic to grant national visas to highly qualified third-country nationals (hereinafter the “Regulation”): “A national visa is granted to a third-country national under paragraph 1 for the purpose of employment for the duration of employment, up to a maximum of one year.”

A national visa granted under the Regulation cannot be extended, and therefore if you apply for it again, it will not be granted. According to § 1 paragraph 5 of the Regulation: “A national visa under paragraph 2 cannot be reissued for the same reason under paragraph 4.”

During the validity of the national visa, you have the option to apply for a residence permit under Act No. 404/2011 Coll. on the Residence of Foreigners (hereinafter the “Act on the Residence of Foreigners”).

A different procedure would apply if you were granted a visa under § 1 paragraph 4 letter a) of the Regulation: “A national visa is granted to a third-country national under paragraph 1 for the purpose of job seeking for a period of 90 days.”

In this case, if you manage to find employment during the validity of the national visa (90 days), you can reapply for a national visa, but for the purpose of employment.

Our office can assist you with obtaining a residence permit in Slovakia under the Act on the Residence of Foreigners, ensuring continuity of your stay and work.

National visas for relocated employees are governed by Government Regulation No. 269/2022 Coll. on the interest of the Slovak Republic to grant national visas to relocated third-country nationals and their family members (hereinafter the “Regulation”).

According to § 1 of the Regulation: “It is in the interest of the Slovak Republic to grant a national visa under § 15 paragraph 1 letter d) of the Act on the Residence of Foreigners (hereinafter the “national visa”) to third-country nationals who:

The national visa for a relocated employee is granted for the duration of their employment relationship, but for no more than one year. For family members of the relocated employee, the national visa is issued for the same period as granted to the employee.

According to § 1 paragraph 6 of the Regulation: “The national visa may be granted repeatedly.”

In practice, however, repeated granting of the national visa should not serve as a long-term solution. The national visa is considered a temporary tool, and for long-term stay, the foreign national should apply for a residence permit under Act No. 404/2011 Coll. on the Residence of Foreigners if planning to stay and work in Slovakia long-term.

Our office can assist you with full legal services related to the relocation of employees and the issuance of national visas for their family members. We can also advise you on the residence permit process to ensure your stay in Slovakia complies with applicable legislation.

Pursuant to § 1 paragraph 5 of Government Regulation No. 113/2023 Coll. on the interest of the Slovak Republic to grant national visas to selected groups of third-country nationals: “A national visa cannot be granted repeatedly.”

A foreigner may submit an application for residence during the period for which the national visa was granted. They do not have to wait until its expiration and may submit the application immediately upon arrival.

Our office will assist you with obtaining all necessary residence permits for foreign employees to ensure their long-term stay in Slovakia.

An application for national visas can be submitted at any time. However, for national visas granted under Regulation No. 383/2023 Coll. on the interest of the Slovak Republic to grant national visas to selected groups of third-country nationals in selected industrial occupations, there is a limiting factor in § 1 letter f: “The granting of a national visa under these conditions and for this purpose is in the interest of the Slovak Republic according to § 15 paragraph 1 letter d) of the Act on the Residence of Foreigners (hereinafter referred to as ‘national visa’): the total number of national visas must not exceed 10,000 per calendar year.”

Visas under this regulation are subject to the approval of the Ministry of Labour, which issues a maximum of 10,000 approvals per calendar year. In 2024, this quota was exceeded as of August 28, 2024. For this reason, it is recommended to apply for the national visa as soon as possible.

Our law office will provide you with comprehensive advice in obtaining national visas for foreign employees, including the approval of the Ministry of Labour, to ensure you meet all the necessary requirements for the successful employment of foreigners.

An application for the issuance of national visas can be submitted at three different offices, depending on territorial and subject-matter jurisdiction:

1. Consular Office / External Service Provider

According to § 17 para. 1 of the Act on the Residence of Foreigners:“A third-country national submits an application for a national visa on an official form at the consular office accredited for the state where they have residence, or through an external service provider designated by the Ministry of Foreign Affairs for the state where they have residence; if such a consular office or external service provider does not exist, or in cases of special consideration, the Ministry of Foreign Affairs, in agreement with the Ministry of Interior, designates another consular office or external service provider where the third-country national submits the visa application.”

Generally, the applicant must have a permitted stay of at least 90 days in the country for which the consular office is territorially competent. To apply at a different consular office, an exemption must be granted by the Ministry of Foreign Affairs and the Ministry of Interior.

Some consular offices require a prior appointment.

2. Foreign Police Department
If the foreigner is legally staying on the territory of Slovakia (e.g., under visa-free regime), they can submit a national visa application at the Foreign Police Department in cases where the visa is requested under:

3. Border and Foreign Police Office
According to § 17 para. 1 of the Act on the Residence of Foreigners: “A third-country national may also submit a national visa application at the Ministry of Interior if they are legally staying on the territory of the Slovak Republic and the national visa is to be issued in the interest of the Slovak Republic.”

In individual cases — in the interest of the Slovak Republic — it is possible to submit the national visa application at the Border and Foreign Police Office (ÚHCP).

Our law firm offers comprehensive advice and assistance with submitting national visa applications, including support at consular offices or police departments.

According to the national laws of some countries, women are not issued new passports as long as their original documents are still valid. This does not pose a problem for visa issuance. The procedure is that the visa is issued under the name stated in the passport.

Our law firm can assist you with legal advice regarding the visa application process.

An attachment to the application for the issuance of a national visa must be a document proving the purpose of stay — specifically, a complete residence permit application. This is in accordance with § 17(2) of the Act on the Residence of Foreigners: “When applying for a national visa, a third-country national must submit a valid travel document, a color photograph measuring 3 x 3.5 cm showing their current appearance, a document confirming the purpose of stay, and proof of health insurance.”

The criminal record extract, as one of the required documents for the residence permit application, must still be valid after the foreign national arrives in Slovakia — it is not sufficient if it is only valid at the time of submitting the visa application.

All foreign documents must be apostilled and officially translated.

Our law firm can assist you with preparing your residence permit application, including proper documentation to ensure compliance with Slovak requirements.

According to § 17(5)(c) of the Act on the Residence of Foreigners: “A diplomatic mission may issue a national visa only with the prior consent of the Ministry of the Interior; the Ministry of the Interior and the Ministry of Foreign Affairs may agree on cases in which a diplomatic mission may issue a national visa without the Ministry of the Interior’s opinion. A diplomatic mission or the Ministry of the Interior shall not issue a national visa if it is contrary to the foreign policy interests of the Slovak Republic.”

Currently, in the context of the foreign policy interests of the Slovak Republic, this may include the non-issuance of national visas to citizens of the Russian Federation.

Our law office can assist you with the application process for a national visa and provide consultations regarding current legal procedures.

Yes, according to § 17 paragraph 5 letter b) of the Act on the Stay of Foreigners: “The consular office may grant a national visa only after a prior positive opinion of the Ministry of Interior; the Ministry of Interior and the Ministry of Foreign Affairs may agree on cases where the consular office may grant a national visa without the opinion of the Ministry of Interior. The consular office or the Ministry of Interior will not grant a national visa if there is reasonable suspicion that the purpose of stay declared by the third-country national does not correspond to the actual purpose of stay.”

Our law office can assist you with the national visa application process for study purposes and provide support in cases where complications may arise.

Since visas are issued for a fixed period, a so-called tolerance period is added. For example, a foreigner can arrive up to 5 days after the start date of the national visa, and thus their stay in Slovakia is not shortened by those 5 days and they can still use the full 180 days. Therefore, the validity of the visa is usually longer.

Our office provides expert advice on visa requirements and all related matters to ensure you have a smooth stay in Slovakia.