Temporary residence for an alien – accommodation requirements, change of address, passport validity

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”), does not directly govern the minimum standards that an alien’s accommodation within the territory of the Slovak Republic must satisfy. In this matter, the Act on the Residence of Aliens refers to the provisions of Decree No. 259/2008 Coll. on Details concerning the Requirements for the Indoor Environment of Buildings and on Minimum Requirements for Substandard Housing and for Accommodation Facilities; pursuant to which the minimum requirements for substandard housing dictate that the living area must be at least 12 sq m per user and 6 sq m for each additional person residing with them in a common household. The usable area of a substandard housing unit must be at least 15 sq m. Accommodation for the purposes of temporary residence must satisfy these elements. If an apartment or a residential hotel satisfies these criteria, the real property will be accepted by the foreign police department as suitable accommodation for the alien and the members of their household.

The document proving the provision of accommodation must demonstrate that the third-country national has secured accommodation for a period of at least six months. Accommodation shall be proven either by the original or a certified copy of the title deed, or of the lease agreement. It may also be proven by an affidavit / a pledge to provide accommodation executed by the property owner – whether a legal entity or a natural person – upon which the signature must be officially verified, and to which the original or a certified copy of the title deed must be attached.

Insofar as proving the provision of accommodation by a hotel or a lodging house is concerned, this shall be executed in the form of a confirmation issued by the hotel or the accommodation facility attesting to the provision of accommodation to the alien for a period of at least six months, bearing the stamp and signature of the authorized employee. It is not required to additionally prove the advance payment of the accommodation price for the entire duration of the period.

Pursuant to the provisions of Section 111, Paragraph 1, Letter q) of the Act on the Residence of Aliens, an alien granted a temporary residence within the territory of the Slovak Republic is obliged to apply for the issuance of a new residence document within five working days from the date of the change of address, given that the records contained therein do not correspond to reality. The application for the issuance of a new document shall be submitted on the official form of the foreign police department, and the annexes to the application shall consist of documents certifying the change of address. These may include, for example, the original or a certified copy of a title deed, a lease agreement, or a confirmation of the provision of accommodation issued by a hotel / lodging house. It may likewise be proven by a declaration of the property owner on the provision of accommodation to the alien, executed with an officially verified signature. The application and its annexes must be submitted by the alien in person to the competent foreign police department, together with their passport and residence card. The residence card containing incorrect data shall remain with the alien and remains valid until the issuance of a new residence card based on the application. Upon the issuance of the new residence card, the alien must surrender the old card to the foreign police department. The administrative fee for the issuance of a new residence card is EUR 4.50.

Pursuant to the law, an alien applying for the granting of a temporary residence for the purpose of employment may demonstrate financial security by a bank account balance confirmation issued by a bank (in the minimum statutory amount; it is recommended to maintain approximately EUR 2,400 – 2,500 on the account) or by an employer’s confirmation specifying the amount of the agreed wage, which may also form part of the employer’s pledge or the employment contract. As a matter of principle, however, a separate declaration of the employer regarding the amount of the agreed wage is attached.

A family member may apply for the granting of a residence concurrently with the employee. For example, if a wife wishes to apply for the granting of a temporary residence alongside her husband, an employee who is applying for a temporary residence for the purpose of employment. The wife will apply for the granting of a temporary residence for the purpose of family reunification. The husband will act as the sponsor of this residence. There are several options regarding the financial coverage of the residence that the wife must demonstrate. The first is a bank account in the wife’s name with the required balance. Another option is the husband’s bank account (it must be in his name) accompanied by a declaration of financial support for the wife. The third option is a declaration of financial support executed by the husband for the wife, to which the employer’s declaration regarding the amount of the agreed wage is attached. In this case, it is insufficient to attach to the wife’s application the employment pledge granted to the husband or the husband’s employment contract, and it is irrelevant whether the amount of the wage is specified therein or not. The foreign police department requires a separate document, namely the employer’s declaration regarding the amount of the agreed wage provided to the husband, who acts as the sponsor of the wife’s residence. In such case, the financial security of the wife shall be demonstrated by the husband’s declaration of financial support and the employer’s declaration regarding the husband’s wage amount.

In conclusion, a few remarks concerning bank accounts. It is simplest if the account is maintained within the territory of the Slovak Republic, where the balance shall be demonstrated by the original bank statement bearing the signature of the authorized bank employee. Naturally, the account may also be maintained abroad; however, in such case, the bank confirmation must – in addition to the bank’s stamp and the signature of the authorized bank officer – be officially translated into the Slovak language by a Slovak certified translator. The bank account must hold the amount required by law.

An annex to the application for the granting of a temporary residence for the purpose of employment shall also include an employer’s pledge to hire or an employment contract. Within the employer’s pledge to provide employment, it is particularly the duration of employment, or rather its commencement, that raises questions. A formulation stating that the employer shall admit the employee to employment as of the date of the granting of the temporary residence is accepted by certain foreign police departments; however, it is more appropriate to specify a concrete date. We emphasize the provisions of Section 10 of the Act on the Residence of Aliens: “The police department shall decide on the granting of a temporary residence with a later commencement date of the granted residence if it establishes, based on the document by which the third-country national demonstrates the purpose of residence, that the execution of the purpose of residence will commence later than the date of the decision on the application. This shall not apply if the period between the decision of the police department on the granting of the temporary residence and the commencement of the execution of the purpose of residence is less than 30 days. The commencement of the granted residence must always be 30 days prior to the day on which the third-country national will already be executing the purpose of residence.” The signature on the employer’s pledge is not subject to official verification; however, alongside the signature, the employer must affix its stamp.

An application for the granting of a temporary residence must be submitted at least three months prior to the expiration of the alien’s passport; otherwise, it shall be rejected. The residence card shall only be issued up to the date of validity of the passport, i.e., the residence remains granted, but the card becomes invalid; therefore, it is required to apply for the issuance of a new residence card upon obtaining a new passport.

Pursuant to the provisions of the Act on the Residence of Aliens, an application for the granting of a temporary residence shall be submitted by a third-country national in person abroad at the diplomatic mission accredited to the state that issued their travel document, or at the diplomatic mission accredited to the state in which they reside. If there is no such diplomatic mission, or in cases worthy of special consideration, the Ministry of Foreign and European Affairs of the Slovak Republic, upon agreement with the Ministry of Interior of the Slovak Republic, shall designate another diplomatic mission at which the third-country national shall submit the application for the granting of a temporary residence. The diplomatic mission that has accepted the application shall issue to the applicant a confirmation of its receipt on the date of submission.

Medical examination of aliens in Bratislava – the medical examination for aliens can be completed without a prior appointment on any working day from 7:00 a.m. to 11:00 a.m. at the address Agel Clinic, Ružinovská 10, Bratislava. Fee: EUR 150 per adult, EUR 140 per student.

Medical examination of aliens in Zlaté Moravce and Košice is also available without a prior appointment.

Medical examination of aliens in Bratislava and 12 other cities is provided by Medical control s.r.o.

Tel.: +421 948 350 123