What does the Act of Residence Of Foreigners bring from 15 July 2024?
Changes in the Act on the Residence of Foreigners from 15 July 2024
On 15 July 2024, an amendment to the Act on the Residence of Foreigners came into force, which fundamentally changes the rules of residence and employment of foreigners in Slovakia. The key changes introduced by this amendment include a new regime on temporary residence for the purpose of employment, simplification of the requirements for obtaining an EU Blue Card, stricter rules for changing the purpose of residence and extending the possibility of obtaining a national visa, as well as the need of knowledge of the Slovak language as a condition for granting long-term residence.
- New regime on temporary residence for employment purposes
The amendment to the Act on the Residence of Foreigners simplifies the process of obtaining a temporary residence permit for the purpose of employment. With effect from 15 July 2024, a foreigner is entitled to submit an application for a temporary residence permit for the purpose of employment only after the competent Labour, Social Affairs and Family Office has issued a positive statement. This legislative amendment allows third-country nationals to start performing employment activities as from the date of submitting an application for a temporary residence permit. Another very positive change is the shortening of the period for the decision on the application for employment from the previous 90 days to 60 days, as well as the possibility to stay in the territory of the Slovak Republic until the decision on the application for temporary or permanent residence is made.
As of 15 July 2024, foreigners no longer need to submit a separate document proving financial security of their stay when applying for a temporary residence for employment purposes, as this fact will be confirmed by the employer directly at the Labour, Social Affairs and Family Office. In addition, the affidavits to be submitted at the time of application can now be signed directly at the local Foreigners’ Police, without the need for prior official verification.
- Simplifying the requirements for obtaining an EU Blue Card
The Blue Card is a type of temporary residence for third-country nationals for the purpose of highly-skilled employment. Until 14 July 2024, the Blue Card for highly skilled employment required a second-level university degree. Now, a first-level university degree is sufficient and in specific sectors, such as information and communication technology, professional skills demonstrated by work experience and practical experience are able to replace the need for a university degree. At the same time, the required average wage in the relevant sector of the Slovak economy is reduced and the possibility of granting a blue card for 5 years will be introduced, compared to the previous 4 years.
- Stricter rules for changing the purpose of your stay
In practice, situations have often arisen where third-country nationals have deliberately changed the purpose of their temporary stay from employment to business, while continuing to carry out similar activities, but through a trade. Nowadays, a change of purpose of temporary residence from employment to business is only allowed after 12 months from the granting of the first permit.
Furthermore, in practice, there have been cases where third-country nationals have applied for a temporary residence permit for the purpose of studying and, after obtaining it, have subsequently changed it to the purpose of business or employment. The legislative regulation responds to this problem by providing that foreign nationals who have a temporary residence for the purpose of study are allowed to change this purpose of residence only after successful completion of this study on the territory of the Slovak Republic with effect from 15 July 2024.
- Extending the possibility of obtaining a national visa
The Act on the Residence of Foreigners, effective until 14 July 2024, allowed for the granting of a national visa if it is necessary in connection with an already granted residence in the Slovak Republic, for the execution of the Slovak Republic’s obligations arising from international treaties or if it is in the interest of the Slovak Republic to do so.
As of 15 July 2024, a national visa can be granted for the purpose of employment, study, family reunification, research or special activity. A national visa cannot be granted for business purposes. At the same time, with the effect of the amendment, applicants are allowed to submit their applications through external visa service providers such as visa centers.
- Knowledge of the Slovak language as a condition for long-term residence
From 15 July 2024, the amendment introduces a rule according to which foreigners applying for long-term residence are obliged to prove their knowledge of the Slovak language at the A2 level by passing a language test.
