Registration of a Foreign National with a Health Insurance Company
QUESTION
We employ a foreign national who is a third-country national. He has been granted a residence permit, has arrived in Slovakia, and has collected his residence card. We are now required to execute an employment contract with him. However, our accountant stated that it is not possible to register him with a health insurance company, as he must first undergo a specific registration process before we can register him as an employee. What is the applicable procedure? He is accompanied by his spouse, who holds a residence permit for the purpose of family reunification. What is the status of her insurance coverage?
ANSWER:
Yes, the foreign national must first register with the health insurance company where you intend to enroll him. While this may be done by mail, personal attendance is generally more expedient. It is necessary to submit the employment contract upon the filing of the application for public health insurance. Although the employment contract would already be executed, we recommend specifying the commencement date of employment approximately 10 days from the date of execution, as the registration of the foreign national in the insurance system may take several days. Only subsequently may the employer register the foreign national for health insurance (similarly to a Slovak employee).
A foreign national working for you may be enrolled in the public health insurance system in the same manner as a Slovak employee. Pursuant to Section 3(3)(a) of Act No. 580/2004 Coll.: “A natural person who does not have permanent residence in the territory of the Slovak Republic shall also be publicly health insured, provided they are not health insured in another Member State of the European Union or in a state party to the Agreement on the European Economic Area or in the Swiss Confederation (hereinafter referred to as a ‘Member State’) and performs gainful activity under Section 10b(1)(a) for an employer that has its registered office or a permanent establishment in the territory of the Slovak Republic, or is an organizational unit of a foreign person’s enterprise in the territory of the Slovak Republic, with an agreed monthly income from such activity at least in the amount determined by a special regulation for an employee remunerated by a monthly wage; this shall not apply if employed in the Slovak Republic by an employer enjoying diplomatic privileges and immunities under international law.”
The employee shall submit the following with the insured person’s application:
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identification document, passport
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copy of the employment contract
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copy of the information card issued by the Office of Labour, Social Affairs and Family (ÚPSVaR)
In the event the employee does not possess an information card issued by ÚPSVaR, they shall submit:
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identification document, passport
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copy of the employment contract
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residence permit in the territory of the Slovak Republic (permit for the purpose of employment), or a confirmed application for a residence permit in the territory of the Slovak Republic
The spouse, holding a residence permit for the purpose of family reunification, must conclude commercial health insurance within 3 days from the date of collection of the residence card. As a spouse, she is not entitled to coverage under the public health insurance system; therefore, it is necessary for her to pay for commercial insurance. There are various insurance packages for foreign nationals available on the market. For information purposes, we note that coverage under the public insurance system would be possible in the case of minor children.
QUESTION
I would like to request information concerning insurance. I am a holder of the Status of a Slovak Living Abroad (Slovak Foreigner) and have held a temporary residence permit since 2009. On June 17, 2019, I submitted an application for the renewal of my temporary residence. The police officer informed me that I am required to have insurance; however, I am uncertain whether this requirement applies to me as a Slovak Living Abroad, given that my stays are short-term rather than long-term.
ANSWER:
The requirements for an application for the renewal of temporary residence are governed by Section 34 of Act No. 404/2011 Coll. on the Residence of Foreigners and on amendments and supplements to certain acts (hereinafter referred to as the “Act on the Residence of Foreigners”). Pursuant to Section 34(3)(c), the application must be accompanied by a document, not older than 90 days, confirming health insurance during the stay in the territory of the Slovak Republic. The submission of such a document is not required in the case of an application for the renewal of temporary residence for the purpose of employment, study, or for a third-country national who has been granted long-term resident status in another Member State and is studying or employed in the territory of the Slovak Republic. No exemption is established for persons with the status of a Slovak Living Abroad; therefore, the submission of a document proving health insurance shall be required.
Given that your temporary residence was granted as early as 2009, please note that pursuant to Section 7(3) of Act No. 40/1993 Coll. on State Citizenship of the Slovak Republic, an applicant who has been issued a certificate proving the status of a Slovak Living Abroad may be granted state citizenship of the Slovak Republic if they have had continuous residence in the territory of the Slovak Republic for at least three years immediately preceding the submission of the application for state citizenship. However, within the citizenship proceedings, the extent to which the applicant actually resides in the territory of the Slovak Republic is assessed.
Furthermore, please note that pursuant to Section 52 of the Act on the Residence of Foreigners, a foreign national who has resided in the territory of the Slovak Republic lawfully and continuously for a period of five years immediately preceding the submission of the application may apply for long-term residence for an indefinite period.
AKMV
JUDr. Veronika Michalíková, MBA