Temporary Residence of a Foreigner – Application, Purpose, Time Limits

Temporary residence entitles a foreign national to stay in, leave, and re-enter the territory of the Slovak Republic throughout the entire period for which it has been granted by the competent police department. With a residence card, the foreign national is permitted to travel not only within Slovakia but also throughout the entire Schengen Area. This article provides an overview of how the application for residence looks and what formal requirements it must meet pursuant to Act No. 404/2011 Coll. on the Residence of Foreign Nationals (hereinafter referred to as the “Act on the Residence of Foreign Nationals”).

Purpose of Temporary Residence

Temporary residence in the territory of the Slovak Republic is always linked to a specific purpose. The purposes of temporary residence are defined in Section 21 of the Act on the Residence of Foreign Nationals as follows:

  • purpose of employment,
  • purpose of study,
  • purpose of special activity (e.g., lecturing, artistic, sports activity, etc.),
  • purpose of research and development,
  • purpose of family reunification,
  • purpose of fulfilling service duties by civilian components of the armed forces,
  • recognized status of a Slovak living abroad,
  • recognized status of a person with long-term residence in another EU Member State,
  • temporary residence also includes residence based on an EU Blue Card issued under the Act on the Residence of Foreigners.

Application for Granting Temporary Residence

If a foreign national meets the conditions for any of the above-mentioned purposes of temporary residence, they may be granted temporary residence on the basis of an application for the granting of temporary residence.

The formal requirements of the application, as well as the exact procedure, are regulated by the Act on the Residence of Foreign Nationals.

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Where Can I Submit an Application for Temporary Residence?

A foreign national must submit the application for the granting of temporary residence in person. The application may be submitted at the diplomatic mission or consular office of the Slovak Republic abroad, accredited for the country in which the foreign national has permanent or temporary residence, or the country that issued their travel document.

For example, if a citizen of Iran also holds temporary residence in Dubai, they may submit their application for residence at the Embassy of the Slovak Republic in the United Arab Emirates.

A third-country national may also submit the application for the granting of temporary residence in person at the competent police department (unless otherwise provided in point 6 below) if:

  • a) they are staying in the territory of the Slovak Republic on the basis of:
  • 1. a valid residence permit issued under a special regulation,
  • 2. a tolerated stay granted pursuant to Section 58(1)(a)–(c) or (2),
  • 3. a Schengen visa issued for the purpose of seasonal employment, and the application concerns the granting of temporary residence pursuant to Section 23(4),
  • 4. a national visa issued pursuant to Section 15,
  • b) they are a third-country national not required to obtain a visa,
  • c) they are a third-country national who has been granted temporary refuge in the territory of the Slovak Republic, or
  • d) they are a holder of a Certificate of a Slovak Living Abroad.

Imnportant information

The police department shall issue to the applicant, on the day the application for the granting of temporary residence is submitted pursuant to paragraph 3, a confirmation of its receipt.

A third-country national is entitled to remain in the territory of the Slovak Republic until a decision on the application is made, provided that they have submitted a complete application for the granting of temporary resid

(6) A third-country national may not personally submit an application for the granting of temporary residence under paragraph 3 at the police department if they:

  • a) is applying for the granting of temporary residence under Section 22 (for the purpose of business),
  • b) is applying for the granting of temporary residence under Section 23(5) (intra-corporate transfer), or
  • c) has been granted a national visa under Section 15(1)(b) and is applying for the granting of temporary residence for a different purpose than the one declared when the national visa was issued, and the application does not concern temporary residence under Sections 24 to 26.

How to Get an Appointment at the Foreign Police

Due to the ongoing issues with the unavailability of appointment slots in the online booking system of the Ministry of Interior of the Slovak Republic, the following practical steps are recommended:

  1. Try booking an appointment in the evening or at night – new appointment slots are often released outside standard working hours.

  2. Contact the provider of the booking system (the contact e-mail is listed on the website of the Ministry of Interior in the section concerning appointment booking) and:

    • report the problem with the unavailability of appointments,

    • at the same time, you may request an exception and ask for a manually assigned appointment, especially if the validity of your residence permit is about to expire or if there is another urgent situation.

  3. Check on the Ministry of Interior’s website whether it is possible in your case to submit the application at a different Foreign Police Department – this option exists only for certain types of residence permits.

  4. Follow the official announcements and press releases of the Ministry of Interior, where exceptional dates allowing submission of applications without prior booking may be published.

  5. In some specific cases, the application may also be submitted electronically through the portal www.slovensko.sk

Requirements of the application for the granting of temporary residence

The application for the granting of temporary residence must be submitted on the official form. The application form is available on the website of the Ministry of Interior of the Slovak Republic.

When submitting the application, a valid travel document must be presented. Failure to present a valid travel document, or submission of an application that does not comply with the Act on the Residence of Foreign Nationals, results in the application not being accepted.

An exception applies to an application for the granting of temporary residence for the purpose of employment, which does not have to be complete at the time of submission. In such cases, part of the required documents may be submitted subsequently. The diplomatic mission or the department of the Foreign Police will refuse to accept such an application only if the foreign national fails to present a valid travel document. For all other purposes, the application must be complete, including all required attachments.

If the application is not accepted, the foreign national is provided with a written notice specifying the missing documents that must be submitted in order for the application to be accepted.

Attachments to the Application for Granting Temporary Residence

According to Section 32(2) of the Act on the Residence of Foreign Nationals, the attachments to the application are:

  • a document proving the purpose of residence,
  • a document proving integrity (criminal record extract),
  • a document proving financial security of residence (required only if the applicant is applying for temporary residence for the purpose of business),
  • a document proving financial security of business activity for a foreign national applying for temporary residence for the purpose of business,
  • a document proving arranged accommodation,
  • parental consent in the case of a child applying for temporary residence for the purpose of family reunification,
  • a document proving that the application concerns an intra-corporate transfer, for a foreign national applying for temporary residence for the purpose of employment through intra-corporate transfer,
  • a document proving the commitment of the host organization to cover the costs associated with the administrative expulsion of a third-country national, if the applicant is a third-country national applying for temporary residence for the purpose of a special activity consisting of an internship within higher education outside the territory of the Slovak Republic or within two years after completing higher education outside the territory of the Slovak Republic,
  • a document proving completion or ongoing pursuit of higher education, if the applicant is a third-country national applying for temporary residence for the purpose of a special activity consisting of an internship within higher education outside the territory of the Slovak Republic or within two years after completing higher education outside the territory of the Slovak Republic,
  • documents proving the feasibility and sustainability of business activity, if the applicant is a third-country national applying for temporary residence for the purpose of business and demonstrates the purpose of residence by submitting a business plan.

As follows from the above, the specific scope of the required attachments depends on the particular purpose of residence, and in some cases also on the individual circumstances of the applicant falling under each purpose. Therefore, before submitting the application, it is recommended to consult a professional in order to avoid the application being rejected due to its incompleteness. For more detailed information regarding the attachments required for individual purposes of residence, please refer to our articles specifically addressing each residence purpose.

Furthermore, it should be noted that the documents submitted (with some exceptions, such as civil registry documents) must not be older than 90 days at the time of submission. If a foreign document is submitted, it must be apostilled or superlegalized and accompanied by an official translation into the Slovak language.

Tip

In cases concerning the granting of residence, the obligation to provide proof of financial means is required only in the following situations: verification of an invitation (Section 19(7)) / granting or renewal of temporary residence for the purpose of business (Section 32(2)(c), Section 34(3)(b)), / long-term residence (Section 53(4)). In these cases, a confirmation of the account balance is submitted instead of a bank statement for the last three months.

 
 

Submission of the application for temporary residence

If the application is to be submitted at a diplomatic mission of the Slovak Republic abroad, the first step should be to book an appointment for submitting the application. It should be noted that, based on practical experience, waiting times for obtaining an appointment at some diplomatic missions may extend to several months. Therefore, the submission of the application should be carefully planned, also taking into account the 90-day validity period of the documents to be submitted.

When submitting the application, the diplomatic mission conducts a personal interview with the applicant for the purpose of preliminary assessment of the application. The application, together with its attachments and the recommendatory or non-recommendatory opinion of the diplomatic mission regarding the granting of temporary residence, is then forwarded to the competent Foreign Police Department in Slovakia. A confirmation of submission of the application is issued to the foreign national.

A confirmation of submission is also issued to the foreign national if the application is submitted at the Foreign Police Department in Slovakia.

Decision on the application for the granting of temporary residence

After the application is submitted, the police department assesses whether the application is complete and whether the submitted documents meet all statutory requirements. According to Section 33 of the Act on the Residence of Foreign Nationals, when assessing the application, consideration is given to “the public interest, in particular the security aspect, the economic interests of the Slovak Republic, especially the contribution of the business activity of the third-country national to the economy of the Slovak Republic, and the protection of public health, the interests of the minor child of the third-country national, the personal and family circumstances of the third-country national, their financial situation and the duration of their current and intended stay, as well as the opinion of the diplomatic mission regarding the granting of temporary residence.”

Other specific interests are taken into account depending on the particular purpose of residence.

The reasons for rejecting an application for the granting of temporary residence are precisely defined in Section 33(6) of the Act on the Residence of Foreign Nationals. The application shall be rejected if the third-country national is an undesirable person, if there is reasonable suspicion that the third-country national may, during their stay, endanger the security of the state, public order, or public health, if they do not meet the conditions for the granting of temporary residence, have entered into a marriage of convenience, provide false or misleading information, submit forged or altered documents or a document belonging to another person, if the data in their travel document do not correspond to reality, if the granting of temporary residence is not in the public interest, if it is evident that the secured accommodation in the territory of the Slovak Republic does not meet minimum requirements, if the Labour, Social Affairs and Family Office issues a statement containing disagreement with the filling of a vacancy (in the case of an application for temporary residence for the purpose of employment), and for several other reasons relating to specific residence purposes.

In this context, it should be noted that the applicant must be given the opportunity to comment on the grounds for the decision before their application is rejected, and in the event of rejection, the police department is obliged to provide proper justification of its decision.

Time limit for the decision on the application for the granting of temporary residence

The police department shall decide on the application for the granting of temporary residence within a period of up to 90 days.

In the case of temporary residence for the purpose of employment based on a confirmation of the possibility of filling a job vacancy, the time limit for the decision is 60 days from the date of submission of a complete application.

A period of 30 days, according to Section 33(8) of the Act on the Residence of Foreign Nationals, also applies to applications submitted by a foreign national who:

  • applies for temporary residence for the purpose of employment in a position experiencing a shortage of labor,
  • applies for temporary residence for the purpose of employment to perform seasonal work, provided that in the previous five years they have performed seasonal employment or have been granted temporary residence for the purpose of employment to perform seasonal work,
  • applies for temporary residence for the purpose of study, special activity, or research and development, or as a Slovak living abroad,
  • represents or works for a foreign investor in the Slovak Republic and at the same time is a citizen of a member state of the Organisation for Economic Co-operation and Development,
  • represents or works for a significant foreign investor in the Slovak Republic,
  • represents or works for a business service center or technology center,
  • is a spouse or child under 18 years of age of a third-country national who represents or works for a foreign investor in the Slovak Republic and at the same time is a citizen of a member state of the Organisation for Economic Co-operation and Development / represents or works for a significant foreign investor in the Slovak Republic / represents or works for a business service center or technology center,
  • is a third-country national applying for temporary residence for the purpose of business based on a business plan for the implementation of an innovative project,
  • is a third-country national applying for family reunification with a holder of an EU Blue Card pursuant to Section 38(2), who holds valid residence in a member state that issued the Blue Card to the third-country national with whom they are applying for family reunification before the Blue Card was issued in the territory of the Slovak Republic.

If the application was submitted at a diplomatic mission of the Slovak Republic abroad, the time limit begins only upon delivery of the application to the competent Foreign Police Department in Slovakia, which may take approximately one to two months. In some countries (for example, the Russian Federation), it is possible to apply for national visas for entry into Slovakia, on the basis of which the foreign national is entitled to submit an application for residence in Slovakia.

Notification of the granting of temporary residence

If temporary residence is granted to a foreign national, the police department sends them a written notification of the granting of temporary residence. The notification specifies the date on which the temporary residence was granted and the date on which its validity expires.

If the foreign national submitted their application at a diplomatic mission abroad, after the residence has been granted, they may apply for a national D visa and must appear in person at the Foreign Police Department in order to obtain the residence card.

However, the foreign national’s obligations do not end there. In many cases, it is also necessary to undergo a medical examination, arrange health insurance, and fulfill other related obligations.

Medical examination of foreign nationals for the Foreign Police / medical report for foreigners

Medical examination of foreigners in Zlaté Moravce is available even without an appointment.

Medical examinations of foreigners in Bratislava and 12 other cities are provided by Medical Control s.r.o.

Tel.: 0948 350 123

Contact us.

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