Residence permit and Intra – corporate transfer

Intra - corporate transfer is defined in section 1 article 2 (1) s) of the Act No. 404/2011 Coll. on Residence of Foreigners and Amendment and Supplementation of Certain Acts as following: “ intra-corporate transfer shall be understood as temporary secondment, for more than 90 days, for occupational or training purposes, of a third country national who at the time of submitting the application for the award of temporary residence stays outside the territory of the Slovak Republic and the member states, by an employer with its registered Office outside the territory of the Slovak Republic and the member states, to which the third- country national is bound by a work contract prior to and during the transfer, to the same employer or to an employer within the same group of employers with its registered Office in the Slovak Republic;“

As it is stated above, difference in comparison with the classic application for temporary residence for the purpose of employment is that in the case of an intra-corporate transfer, the application could not be submitted in the territory of the SR, but only through the diplomatic mission.

The fact that it is an intra-corporate transfer does not affect the length of the period for the decision on the application for the temporary residence. The standard length of the period is 90 days, in addition to this period, time that would be necessary to send the application documents from the diplomatic mission to Slovakia (approximately 3 weeks) should be added. The 30 days period for the decision is applicable also on intra-corporate transfer in case of the job positions from the list of job positions with lack of labour.

In addition to the documents that are normally submitted with an application for temporary residence for the purpose of employment, in the case of an intra-corporate transfer, it is necessary (according to Article 35 section 15 of the Act no. 404/2011 Coll.) to submit also documents proving that the applicant:

  1. has been employed by the same employer or within the same group of employers for at least six months in case of senior employee or an expert and for at least three months in case of intern immediately prior to the date of transfer (labour contract)
  2. has the professional qualifications and experience necessary for the performance of the job, if he is a manager or an expert (evidence of education, job description, etc. corresponding to the job position in Slovakia)
  3. has a university / high school education required for the employment and an agreement on professional training for the purpose of professional development or acquisition of business management knowledge in case of intern
  4. fulfils the conditions for regulated profession in case of regulated profession

The fact that the employment is within the same employer group (in a daughter company or mother company) must be proved by extracts from the business registers. 

The possibility of staying in Slovakia in case of intra-corporate transfer would be easier for the foreigner who had already been granted a temporary residence in another Member State of the European Union as a result of an intra-corporate transfer.

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