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SLOVAKIA - New EU Single Permit; Other Changes

Slovakia has recently rolled out its implementation of the EU Single Permit directive, passed into EU law in December 2011. On 3 December 2013 the Slovak National Council passed an amendment to the Act No. 404/2011 Coll. on Residence of Foreign Nationals and Act 5/2004 Coll. on Employment Services, ratifying the single permit procedure for work and residence in Slovakia, and making some other changes to work and residence permit procedures. The main changes, effective from 1 January 2014, are as follows:

Local Hires

For non-EU nationals hired locally in Slovakia, the key changes are as follows:

  • A single application can now be made to the Foreign Police, who will verify work permission from the Labour Office before issuing the Single Permit.
  • The job vacancy must previously have been advertised in Slovakia for 45 days, up from 15 days under the old rules.
  • All documents submitted as part of the application must be appropriately Apostilled or legalised.
  • Incomplete applications must now be accepted, although such applications cannot be approved until complete.

Assignees

For non-EU nationals assigned to work in Slovakia (on home country payroll), the key changes are as follows:

  • Assignees on home-country contract do not qualify for a single permit, but must still apply for separate work and residence permits.
  • The sponsoring company in Slovakia must now obtain approval from the Labor Office in advance to sponsor assignees, based on the number and profession of assignees and the duration of the assignments.
  • The Labour Office now requires legalisation of university diplomas.

Other Temporary Residence Holders

Holders of temporary residence for family reunion or applicants with long-term residence in another EU member state are affected as follows:

  • These categories of foreign nationals are now obliged to change status to a single permit if they wish to be employed locally in Slovakia within the first twelve months from the date of obtaining temporary residence (previously, a change of status application was not required)
  • When their single permit expires, they would need to renew it to continue working, or re-apply for their former status if they do not intend to continue working.
  • If these categories of foreign nationals start working in Slovakia after the first twelve months of temporary residence , they can do so without changing status to a single permit.

Other Changes

The group of foreign nationals who do not require a single permit to work has been broadened to include those who:

  • have successfully completed secondary or higher education in Slovakia
  • hold temporary residence for the purpose of research and development, performing such activitybased on a hosting agreement (and their families)

Action Points

  • Note all of the above changes in Slovakia, including the new procedures and timing for local hires and assignees, new legalisation requirements, new advertising requirements and the changes to the categories of non-EU national who require a single permit.
  • Expect some delays in processing applications as the new regulations are implemented. Peregrine will keep you informed of any further developments.

This news alert was prepared using information provided by Pro Relocation.

DISCLAIMER: The information contained in this immigration alert has been abridged from laws, court decisions, and administrative rulings and should not be construed or relied upon as legal advice. If you have specific questions regarding the applicability of this information, please contact Peregrine © 2017 Peregrine Immigration Management Ltd.