Slovakia – Recent Legislative Changes to Immigration Procedures

What has changed

Effective January 1, 2019, amendments to Act No. 5/2004 on the Employment Service and Act No. 404/2011, on the Stay of Foreign Nationals affect non-EU nationals working in Slovakia and their employers.

An overview of the changes are noted below.

Who is affected

Clients who have hired or intend to employ foreign nationals in Slovakia.

What to expect

Shortage professions:
Professions which have experienced a shortage of labor, in districts where the average unemployment rate is lower than five percent (5%), will be identified and published by the Labour Ministry on their website quarterly (by the end of the calendar month following the respective calendar quarter) instead of once per year.
Reporting vacant positions:
All vacant positions must now be reported to the Labour Office (i.e., not only those that will be filled by non-EU nationals). Non-compliant employers face a fine up to EUR 300.
Educational qualifications:
Foreign nationals applying for single permits or work permits no longer need to present legalized confirmations of their highest education certificate, unless they are working in a regulated profession.
Monitoring illegal employment:
Authorities now review records from illegal employment from the past five (5) years (rather than only the past two (2) years for specific processes) in all processes where a statement from the Labour Office is required for single permit, ICT permit, blue card, work permit, and related renewals.
Work permit processing times:
Vacant position notifications (VPN)s must now be reported ten (10) business days (instead of fifteen [15] business days) prior to the submission of the work permit application. For renewal applications for work permits for seasonal employment, the VPN must be submitted five (5) business days prior to submission; consequently work permit processing time should slightly decrease.
Temporary residence permit for employment purposes:

Municipality consent and housing confirmation in support of applications for temporary residence for employment purposes (single permit and ICT permit) are now required. The required document must confirm that the accommodation fulfills all required conditions defined by the Ministry of Health.

The Foreign Police must request a statement from the Labour Office on whether the foreign national can fill the vacant position within seven (7) days of receipt of the application for temporary residence for employment purposes (previously there was no set deadline). Also, the Foreign Police can no longer request the Labour Office statement if there is any outstanding supporting documentation.

Shorter processing for specific applications:
The Foreign Police will now rule on applications for shortage professions within thirty (30) days of receipt of statement from the Labour Office. Applications for employees or assignees working for one of the Technological Centers must be decided within thirty (30) days (compared to ninety (90) days previously). To benefit, companies need to be included on the list of Technology Centers published by the Ministry of Economy.
Residence card validity:
The duration of residence cards no longer has to be shorter by ninety (90) days than the validity of the holder’s passport. Residence card validity is now shortened to the case of early expiry of housing confirmation.

What you need to do

Contact your Emigra Worldwide representative for assistance in developing the appropriate immigration strategy based on case background.

This alert was prepared with information provided by Newland Chase.