How to get the residence permit or Slovak citizenship in Slovakia by Investment
Our Law Office provides comprehensive services in the area of Immigration Law, especially for obtaining a residence permit for foreigners...READ THE ARTICLE
Renewal of the foreigner's residence permint in Slovakia is quite complicated process. Our Law Office has 11 years of experience in Immigration Law.
The application (official form) for renewal of residence is submitted only in person, at the relevant department of the Foreign Police. Foreigner applying for renewal of residence for the purpose of family reunification, who is unable to apply in person for renewal of temporary residence due to lack of power, may be represented by the foreigner with whom he/she is applying for family reunification.
The application shall be made by the foreigner in person; it shall not be possible for the foreigner to be represented by a power of attorney for the purpose of submitting the application for renewal of residence. The foreigner shall sign the application directly in front of the official/police officer when submitting the application for renewal.
A big advantage of renewing your residence is that the renewal application does not have to be complete (the annexes do not have to be submitted immediately when you apply). Subsequently, they can also be added to the file by post. However, a valid passport must be submitted with the application.
For all stays, in addition to the passport and residence card (proof of residence), one recent photograph measuring 3 x 3,5 cm is required as an attachment to the renewal application. The list of other attachments to be submitted with the application for renewal of residence depends on the purpose for which the foreigner was granted residence (see below). The documents must not be older than 90 days; if they were issued abroad, an official translation and an apostille or superlegalisation are also required.
In practice, we have encountered that temporary residence for the purpose of business was renewed for 1.5 to 2 years, then for the same period of time for family members for family reunification, for employment is usually renewed for 2 years.
The application for renewal of a temporary residence permit must be submitted to the competent department of the Foreign Police (according to the current residence), no later than on the last day of the validity of the temporary residence permit.
An application for renewal of residence for the purpose of business may be submitted to the Foreign Police Department at the earliest 6 months before the end of the period of authorised residence until the expiry of the residence permit, i.e. at the latest on the last day of the validity of the temporary residence.
In the case of residence for the purpose of seasonal employment, an application for renewal must be submitted at the latest 30 days before the expiry of the validity of the temporary residence permit granted. The sponsor (the third-country national with whom the family reunification is sought) may submit an application on behalf of the foreigner who is renewing the temporary residence for the purpose of family reunification, if he/she is unable to submit the application for renewal of the temporary residence in person due to his/her lack of health.
The temporary residence shall be deemed to be lawful in the territory of the Slovak Republic after the expiry of its validity until the decision on the application for renewal of the temporary residence is taken.
RECOMMENDATION: Despite the above, we do not recommend leaving the territory of the Slovak Republic until the decision to extend the stay has been made, as the police department does not issue a confirmation of this and a residence permit with an expired expiry date is unlikely to be sufficient at the border.
The police department may renew a temporary residence for a maximum period of 3 years if the third-country national’s stay is expected to last for at least that period. In practice, we have encountered that foreigners are renewed (extended) for the purpose of business for another 1.5 to 2 years.
According to § 34 (5) of the Act on the residence of foreigners, “A third-country national who has been granted temporary residence for the purpose of business shall not, as of the date of submitting an application for renewal of temporary residence for the purpose of business, have any arrears registered with the tax office, customs office, arrears registered for social insurance premiums, and the health insurance company shall not register overdue claims against him/her pursuant to special regulations63c) from this business and from all the companies and cooperatives on whose behalf he/she is acting. If the third-country national is not a taxpayer or is not obliged to pay social security contributions, he or she shall attach a document confirming that fact.” At the moment, foreign police departments already request confirmation of arrears themselves. The foreign police ask for certificates as of the date of the application for renewal of residence. Arrears at the date of application are grounds for refusal of a renewal application, even if the arrears are subsequently paid.
A valid travel document, otherwise the police department will not accept the application, one 3 x 3.5 cm photograph showing his/her current appearance, documents no older than 90 days that confirm
A foreigner doing business as a natural person is obliged to prove, in addition to the application for renewal of temporary residence, taxable income from this business for the previous tax period in the amount of at least twenty times the minimum subsistence level; if he/she did not do business for the whole of the previous tax period, he/she is obliged to prove taxable income in the amount of twice the minimum subsistence level for each month of stay in the previous tax period.
This shall be evidenced by a certificate from the tax office stating the net profit from the business for the last tax period, which must be requested by the foreigner.
If the third-country national was not yet entitled to run a business in the previous tax period, he or she must provide proof of the financial security of the business activity in the amount of ten times the minimum subsistence level by means of a bank balance certificate with the application for renewal of the temporary residence permit.
A foreigner conducting business as a member of a body of a commercial company is obliged to prove the after-tax profit of the commercial company or cooperative on behalf of which he acts for the previous tax period in the amount of at least sixty times the minimum subsistence level, if it concerns a third-country national whose business plan has been assessed by the Ministry of Economy of the Slovak Republic as an innovative project, in the amount of at least twenty times the minimum subsistence level, in addition to the application for renewal of the temporary residence permit; if he/she has not been in business for the whole of the previous tax period, he/she is obliged to prove an after-tax profit of five times the minimum subsistence level for each month of residence in the previous tax period. If the third-country national acts on behalf of more than one company or cooperative, the after-tax profit requirement of the preceding sentence must be met by at least one of the companies or cooperatives on whose behalf he acts. This shall be evidenced by a certificate from the tax office on the net profit from the business for the last tax period, which the foreigner must request.
If the third-country national has not yet been authorised to act on behalf of the company or cooperative in the previous tax period, he or she must provide proof of the financial security of the business activity in the amount of thirty times the minimum subsistence level by means of a statement of the account balance in addition to the application for renewal of the temporary residence permit
Family reunification: documents required for the application for renewal of residence:
The third-country national shall provide proof of financial security of residence in the amount of the minimum subsistence level for each month of residence; if the duration of residence exceeds one year, he/she shall provide proof of financial security in the amount of 12 times the minimum subsistence level. A third-country national who is a minor shall prove financial security for the stay at half that amount.
Practical advice: We recommend proving financial security for the entire period for which you are applying to renew your residence.
A foreigner applying for renewal of residence also for his/her spouse and child may attach an affidavit that he/she will provide financially for them for the entire period of their stay in the territory of the Slovak Republic. He/she must have funds in the above amounts in his/her bank account, which he/she must prove by a bank statement in his/her name; in the case of a foreign bank, the turnover must also be attached.
The document proving the provision of accommodation, as defined in the Foreigners’ Residence Act, means:
The accommodation may be proved either by a property list, if the foreigner is the owner of the real estate, or by a lease agreement. When applying for renewal of residence, the foreigner may also submit an official affidavit from the landlord of the property stating that the lease agreement is still valid, if the third-country national has proved in the procedure for granting temporary residence that the accommodation has been provided by means of a lease agreement and that the lease agreement is still valid for at least six months.
In order to renew a foreigner’s temporary residence for the purpose of employment, a foreigner from a third country (outside the EU) must appear in person at the competent department of the Foreign Police (depending on the place of accommodation) and submit the following documents:
Application for renewal of residence – if the foreigner makes an appointment to submit the application for a specific date, he/she writes out the entire application electronically on the computer and can generate and print it when sending/confirming the date.
Promise of employment/addendum to employment contract. As we have encountered that the Foreign Police have not accepted an addition to the employment contract, in practice we always submit the employer’s promise of employment. The form of the promise can be found on the website of the employment offices. You need to check that the form you use is up to date. A plain signature with the employer’s stamp is sufficient, so official verification is not required.
Affidavit of agreed salary – even if the promise shows the amount of the agreed salary, it is possible to have the employer certify (with a certified signature) an affidavit of the agreed salary, i.e. the income of the foreigner as an employee. In practice, this is, for example, submitted with the application of a child or a spouse who applies for an extension of stay together with the foreign employee and by which we declare their financial security.
Power of attorney – if the foreigner will be represented by a lawyer, a power of attorney for representation with the foreigner’s officially certified signature is also submitted. Please note that the representation of an foreigner in the procedure for granting/renewal of residence is a legal service and therefore the foreigner should only be represented by an attorney. A person other than an attorney could thus commit the offence of unlawful business, especially if he/she carries out this activity on a continuous basis and for remuneration.
Proof of accommodation – either an affidavit of the owners of the property where the foreigner has registered his/her residence with their certified signatures or, if the foreigner has the property in his/her own possession, it is sufficient to state this fact in the application. In order to speed up the submission in both cases, it is recommended to take a copy of the title deed from the Internet with the application, but this is not a requirement. According to § 32 (8) of the Act on the Residence of Foreigners, ‘The proof of accommodation must show that the third-country national has accommodation for at least six months of the temporary stay; if he/she applies for a temporary stay for a shorter period, he/she must show that accommodation has been provided for the entire temporary stay. The third-country national referred to in § 30(1)(e) of Article 27a must prove the provision of shared accommodation with the third-country national with whom he or she is applying for family reunification.”
Should this be a deficiency position, two affidavits are also attached (Annex 10 and 11), their signature does not need to be verified by the employer as long as the employer attaches a stamp.
The time limit for the decision of the Foreign Police is 90 days from the submission of a complete application, the application does not have to be complete. The 30 day time limit is in the case of a deficient position.
The foreigner has no obligation in relation to the labour office for the renewal, but also for the new temporary residence and employment permit. The employer is obliged to send the Labour Office a notice of the foreigner’s entry/non-entry into employment and a copy of the employment contract also at the renewal of the residence permit, and to notify the termination of the employment relationship with the foreigner after the expiry of the employment relationship (if the employment relationship has ended before the expiry of the permit).
Always remember to report free work position in advance!
It is always necessary to declare a vacancy on the istp.sk portal, both when granting and renewing your residence for employment purposes. Depending on the position in issue (whether or not it is in short supply on the date of application), the only difference is the period of time during which the vacancy announcement must be published before the application is submitted. If the position is a shortage position, it is sufficient to publish the vacancy announcement and the next day it is possible to apply for the grant or renewal of residence. However, if it is not a shortage post, the application can only be submitted after 20 working days from the posting on the portal.
It is also important to emphasize that the vacancy announcement must be renewed, we recommend until the grant/renewal of residency. As the process of granting/renewing residency for employment purposes (except in the case of a shortage position) takes 90 days, by the time the police send the request to the labour office, the report may no longer be active (the report is published for 3 months), leading to a negative opinion from the labour office and ultimately a positive decision not to issue a residency.
Another important thing is to tick in the application form that the position is suitable for a foreigner from a third country.
In conclusion, we recommend that the passability of the application form is immediately checked with the employment officer after it has been published. Often employers will list requirements for the position to be filled that are met by several job applicants referred by the employment office, which again may lead to the non-granting of residency.
The position in the vacancy announcement is selected from the SK ISCO list, which can be found as an annex to this Decree.
There are some differences in the case of the residence of a foreigner – blue card.
If the employer or the position changes during the validity of the granted residence, the procedure is given here.
For the renewal of a residence permit for the purpose of family reunification, what we have discussed above for the purpose of family reunification applies. At the same time, you will also need to provide a certificate from the health insurance company stating that the foreigner was insured at the time of the application for renewal of residence.
As an employee, a foreigner staying for employment purposes is normally covered by the public health insurance system. However, in the case of a family member residing for the purpose of family reunification, in our experience not all family members (we have only encountered this with minor children) can also be insured under the public health insurance scheme, but it is necessary to take out commercial health insurance. It is up to the foreigner to choose the health insurance company that will provide him/her with health insurance. However, the condition is that the health insurance is provided in Slovakia for the entire duration of the stay. The Act on the Residence of Foreigners does not specify or favour any health insurance company. It is also possible to be insured commercially, but any renewal of insurance must be submitted to the Foreign Police.
I engaged AKMV Laf Firm for assistance with renewal of my temporary residency. As expected, the process was not entirely straightforward, and the expert knowledge and experience of AKMV was crucial to both a successful application and providing reassurance to me with what could have been a stressful time. As such, I arrived at the Foreign Police with all the correct documentation and the application was made quickly and without difficulty. Follow-up requirements from the Foreign Police were quickly and precisely addressed by AKMV. The successful application was advised once approved. I have not hesitated to recommend AKMV to other foreigners and will seek their assistance for my immigration needs in the future.
I Just wanted to say a big thank you for helping me get my residency here in Slovakia, Barbora and I appreciated it so much and I’m glad that I can be here with her and without worry! Thank you again for your hard work.
My brother and I are interested in understanding our abilities to become Slovak citizens.Our father was born and grew up in Slovakia,...READ THE REPLY
The application for the residence permit in Slovakia was submitted in Bratislava. The residence permit is still not granted. Meantime,...READ THE REPLY
Consultation is possible in person, by phone or via Google Meet. Or we will provide you with a legal opinion. Write us briefly what kind of matter you need to consult with our lawyer and we will write to you whether an hour is enough (EUR 96 incl. VAT) or we will send you a price quotation in advance.