Submission of a COVID test to the foreign police and an employer confirmation from abroad
QUESTION
My husband, a Serbian citizen married to a Slovak national, intends to submit an application for a 5-year permanent residence permit to the Foreign Police. I would appreciate your answers to the following 2 questions:
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Financial resources are declared by the foreign national via an affidavit from his spouse stating that she will provide financial and material support to her husband, along with a confirmation of employment from her employer specifying her salary level, accompanied by an official translation into Slovak. Given that her employer is located in Austria (as she works part-time in Austria), is it also required to submit an extract from the commercial register or another registry regarding the spouse’s foreign employer, or potentially any other document?
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Is the foreign national required to submit a negative COVID test upon lodging the application for a residence permit, provided that he has not stayed in a high-risk country during the 14 days preceding the submission of the application? Is the foreign national obliged to somehow demonstrate to the Foreign Police the fact that he was not in a high-risk country during the last 14 days (considering that the Foreign Police have previously refused to accept a foreign national’s application on the grounds that he failed to present a COVID test)?
ANSWER:
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Pursuant to the provisions of Section 45, Paragraph 3, Letter c) of Act No. 404/2011 Coll. on the Residence of Aliens and on Amendments and Supplements to Certain Acts, as amended (hereinafter referred to as the “Act on the Residence of Aliens”), a third-country national shall attach to the application for a five-year permanent residence permit two photographs measuring 3×3.5 cm depicting their current appearance, and documents not older than 90 days confirming financial resources for the stay.
A third-country national shall demonstrate financial resources for the stay under Paragraph 3, Letter c) of the Act on the Residence of Aliens by:
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a bank account balance statement for an account maintained in the name of the third-country national;
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an employer confirmation specifying the amount of the agreed wage;
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an employment contract, an employer confirmation specifying the amount of the paid wage, a bank account balance statement, or a document certifying receipt of a pension by a spouse, parent, or a citizen of the Slovak Republic who is a direct relative of the third-country national, together with an affidavit stating that they shall provide the third-country national with financial and material support during their stay within the territory of the Slovak Republic.
It follows from the aforementioned information that it is not required to submit an extract from the commercial register or another registry regarding the foreign employer. However, pursuant to the provisions of Section 126, Paragraph 4 of the Act on the Residence of Aliens, an alien is obliged to submit the original or an officially certified copy of applications and documents required in proceedings under this Act issued in a foreign language accompanied by an official translation into the state language; they may also submit documents issued or verified by competent authorities of the Czech Republic in the Czech language. An alien may also submit applications and documents issued in a foreign language accompanied by an official translation into the Czech language. For a translation executed abroad, the alien shall submit a confirmation from the diplomatic mission certifying that the translation was executed by an authorized person. The diplomatic mission may refuse to issue the confirmation if the authorization of the person who executed the translation cannot be reliably verified under the conditions of the territorial jurisdiction of the diplomatic mission.
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Within the framework of the border regime, effective from 7:00 a.m. on June 10, 2020, persons arriving in Slovakia from high-risk EU countries are obliged either to enter home isolation until a negative RT-PCR test result is received—which must be undergone no earlier than the 5th day of isolation—or they must, upon arrival, present a negative RT-PCR test result not older than 72 hours issued by a laboratory outside the territory of the Slovak Republic. In the event that a person is in isolation, exhibits no symptoms of the disease, and does not receive the test results, the isolation shall terminate upon completion of its 10th day. Persons who do not possess a test result must register upon arrival at https://korona.gov.sk/ehranica and must be capable of presenting confirmation of registration to a member of the Police Force. Persons arriving in Slovakia from high-risk non-EU countries are obliged to enter home isolation until a negative RT-PCR test result is received—which must be undergone no earlier than the 5th day of isolation—and they must likewise register on the website https://korona.gov.sk/ehranica. Simultaneously, they must be capable of presenting confirmation of registration to a member of the Police Force. All persons entering the territory of the Slovak Republic via international air transport who have concurrently visited a high-risk country during the preceding 14 days are obliged to register at https://korona.gov.sk/ehranica and present this registration during inspection upon arrival. Complete information regarding the measures of the Public Health Authority of the Slovak Republic in the event of a public health threat, as well as exemptions from mandatory isolation or the requirement to submit a negative RT-PCR test not older than 72 hours, is available on the website www.uvzsr.sk. In the event of doubts regarding the stay of an alien during the preceding 14 days, the individual Foreign Police Departments of the Police Force are authorized to require the provision of additional information in order to clarify the facts concerning their stay.
It follows from the aforementioned that if the foreign national has resided in Austria for at least 14 days prior to entering the Slovak Republic (provided that Austria remains designated on the list of lower-risk countries), neither a COVID test nor registration is required in such a case. However, the foreign national must be capable of demonstrating this fact upon request by an officer of the Foreign Police (e.g., by presenting a confirmation issued by a mobile network operator).
AKMV
JUDr. Veronika Michalíková, MBA