On 11/06/2024 the National Council of the Slovak Republic approved the act amending the act no. 404/2011 Coll. on the residence of foreigners.
From a practical point of view, we would like to point out the most significant modifications in the act in question.
- New national visa for the purpose of applying for temporary residence.
A citizen of a third country will now be able to be granted a national visa if it is necessary in connection with the submission of an application for the residence permit in the territory of the Slovak Republic. Until now, foreign citizens from third countries could only apply for temporary residence at a representative office of the Slovak Republic abroad.
From July 15, 2024, it will be possible to apply for a new national visa in order to apply for temporary residence in the Slovak Republic.
The representative office will enter the purpose of the temporary residence in the national visa, for which the citizen of the third country will apply at the police department. If the citizen of the third country will apply for temporary residence at the police department for the purpose of employment, the representative office will also enter the name and identification number of the employer in the national visa.
The only restriction concerns temporary residence for the purpose of doing business. It will no longer be possible to apply for a national visa to apply for temporary residence for the purpose of doing business. All other purposes of temporary residence are permissible from the point of view of the new national visa.
- Business authorization for persons who have been granted temporary refuge.
A foreigner who was granted temporary refuge was issued a document of tolerated residence on the territory of the Slovak Republic. During the validity of this tolerated residence, the foreigner could not do business. In order for such a foreigner to be able to do business, he had to have been granted a temporary residence for the purpose of doing business.
From July 15, 2024, the restriction in question will be canceled and a citizen of a third country who has been granted temporary refuge in the territory of the Slovak Republic will be able to do business in Slovakia.
- Tightening of the conditions for changing the purpose of residence.
In case the foreigner has been granted temporary residence for the purpose of employment, and wants to change the purpose of the temporary residence to do business, the foreigner will be able to make such a change only after 12 months have passed from the date of granting the residence.
Another new restriction concerns foreigners with a temporary residence permit granted for the purpose of studying at a high school or university. Such foreign citizens will be able to apply for a change of purpose of residence only after completing their studies at a secondary school in the Slovak Republic or after obtaining a higher education degree in the Slovak Republic.
JUDr. Róbert Madej, PhD.
