Temporary residence permit entitles the foreigner to reside in Slovakia, to travel abroad and back to Slovakia, for the time he was granted a temporary residence. Temporary residence permit is not required for a foreigner who was issued a certificate of Slovaks living abroad.
Temporary residence permit is always tied to a particular purpose. If a foreigner intends to engage in activities other than he/she had been granted temporary residence for, he/she must submit a new application for temporary residence permit, unless the Foreigners’ Act (this article) states otherwise.
A foreigner who has been granted a temporary residence for the purpose of business, employment, special activities, family reunification or army duties, may study during this temporary residence.
Temporary residence permit may be granted for the first time for max. two years. In the case of an alien applying for temporary residence permit to study, or foreigners with permanent residence in a member state of EU / EEA, may be granted temporary residence for up to 5 years.
Purpose of the Temporary Residence
Temporary residence permit may be granted by a Foreign Police department for the purpose of:
- business, based on an issued business license,
- employment, based on work permit, unless an international treaty provides otherwise or the work permit is not required (in case of seasonal employment for a maximum of 180 days per year)
- study, if the foreigner is a student or is studying at school/university in the Slovak Republic, such a foreigner may also do business or work during the temporary stay (temporary residence permit for study purposes is not required if the foreigner’s stay in the Slovak Republic does not exceed 90 days in one semester)
- specific activity, if it is not business nor an employment relationship or similar relationship, the special activity means: lecturing, art, sport, internship related to studies outside the Slovak Republic, activities resulting from government programs of Slovakia or from the programs of European Economic Area or from a commitment of the Slovak Republic resulting from international contracts. Temporary residence permit is not required if the foreigner’s stay in Slovakia does not exceed 90 days in one semester
- family reunification, if the foreigner is:
- married to a foreigner with Slovak temporary residence permit or permanent residence permit, if there are at least 18 years,
- a child (under 18 years of age) of foreigners with temporary residence permit in Slovakia or of a foreigner (one parent) with temporary residence permit, or his spouse or asylum holder, or of an asylum holder’s spouse who has the child in personal care by law or by decision of the competent authority,
- a dependent child over 18 years of age of a foreigner with temporary residence permit,
- relative in direct ascending order (parent, grandparent, etc.) of an asylum holder younger than 18 years,
- lone parent dependent on foreigner’s who has a temporary residence permit or a foreigner who has a permanent residence permit,
- dependent person under an international agreement.
The Police shall grant a permission for temporary residence for the purpose of a specific activity to a foreigner performing scientific research or development for the time required to achieve its goal, but not exceeding 2 years. A foreigner who has been granted temporary residence permit, may enter into an employment or similar employment relationship, where the subject is teaching. Again, the temporary residence permit is not required if the foreigner’s stay in Slovakia does not exceed 90 days in one semester.
The Police department shall grant temporary residence permit for family reunification purpose to a foreigner, who is a child under 18 years of a foreigner with temporary residence permit or his spouse, if the other parent agrees (parent who does not have the child in personal care, but has the right to meet that child).
Application for a Temporary Residence Permit
Application for a temporary residence permit should be made in person abroad at the embassy accredited to the country which issued applicant’s passport, or at the embassy accredited to the country in which he/she resides, unless the Foreigners’ Act provides otherwise (if there is no such embassy, or in special cases the Ministry of Foreign Affairs in agreement with the Ministry of Interior determines another representative office where the foreigner should apply). The embassy, or other authority that receives the application, issues a confirmation of receipt on the date of the application.
A foreigner who is granted a temporary residence permit may apply for change of purpose of the stay at the Police department in Slovakia, unless the purpose of temporary residence permit was:
- seasonal employment,
- study, except for foreigners who completed the studies and ask for a temporary residence permit for employment purposes in the field which they studied,
- family reunification with a foreigner who is or was granted a temporary residence for the purpose of business or employment.
A foreigner who represents or works for a foreign investor in the Slovak Republic and also, is a citizen of a Member State of the Organization for Economic Cooperation and Development (OECD), his/her spouse or child under 18 years can apply for a temporary residence permit in person at the Police department in Slovakia.
Documents Needed for Application
First of all, the foreigner should have these documents:
- the application – given on an official form,
- valid passport,
- photo – 3 pieces of the same picture with dimensions 3 x 3.5 cm, showing applicant’s current look
Also, documents that are not older than 90 days and confirm:
- the purpose of stay, if
- certificate of incorporation, which will be referred to as a statutory body,
- social contract establishing a company in which an alien must be listed as a statutory body,
- notarial registration of incorporation,
- discretion of the trade office to state the proceedings on the issue of trade license, which indicates that the procedure was suspended because of lack of residence permit, or
- other document proving the business under a special regulation (such as a license to carry out private medical practice or private practice attorney).
- work permit issued by the competent authorities work under the employer’s place of residence, or
- registration card citizen of the Czech Republic a certified staff of Bureau of Labor.
- study: For evidence regarding the purpose of study is considered a confirmation issued by the legal representative of the school. For example, the headteacher or his representative, the Dean or Associate Dean of the Faculty or in the case of lifelong learning and the Ministry of Education.
- activities under special programs: For the purpose of the document is considered confirmation of the authority having jurisdiction in the implementation of activities under special programs or under an international treaty. For the competent authority is regarded as a state administration, scientific work, research institute or school. Certificate issued by the legal representative must include information that the residence was made on the basis of international treaty or a specific program (eg. the EU Socrates, Erasmus).
- family reunification:
- marriage certificate, if the stay under § 23 par. 1 point. a) Act č.48/2002 Code, as revised,
- birth certificate – if the stay under § 23 par. 1 point. b) Act č.48/2002 Code as amended by the amendment if it is a temporary residence permit for an alien who has been entrusted to the care of a child by a competent authority, accompanied by a foreigner except the birth certificate and an official document confirming this fact, or if it is the lone foreigner, certified affidavit that the child who does not care,
- in case of a stay under § 23 par. 1 point. b) Act č.48/2002 Code as amended by amendment to submit documents proving:
- reside on the territory of Slovakia, to which the foreigner applies immigration and
- reliance alien care SR citizen or foreigner with permanent residence in Slovakia.
For evidence to be considered:
- evidence on health status alien, stating that health care necessarily requires another person,
- alien’s affidavit that his home state who does not provide care.
- no criminal record for any country that the foreigner has lived in for the last two years, as well as for the country of origin and also for Slovakia,
- enough financials for living. Financial liability of the foreigner should be shown with the amount equal to the minimum living wage of Slovakia (around 350 euro) for each month of stay (foreigners younger than 16 years at half rate). A foreigner who applies for a temporary residence for the purpose of business, demonstrates financial security of residence of at least five times the minimum wage for each month of stay.
Documents proving financial security are:
- employment contract between the foreigner and his employer stating the agreed amount of income, or
- contract of coach or sports activities among aliens and sports clubs, under an agreed income, or
- extract from the personal bank account in Slovakia,
- certified statement of the person providing the family member applying for family reunification material security for the entire duration of the stay order was not a burden on the social security system of the SR, in the case of a residence permit for family reunification,
- confirmation of the transfer income to the Slovak Republic,
- if the residence permit for employment purposes and the employer is involved in is covered by housing or other costs, eg. diet is sufficient to prove the amount of wages for the stay agreed with the employer stating that the foreigner pays subsistence
- the case of a residence permit to study, such a document may be a confirmation of the statutory representative of the entity (eg. Dean, Associate Dean) on securing the funds of at least minimum wage for each month of expected stay, or confirmation of the scholarship award.
- health insurance for the time of staying in Slovakia and that he/she doesn’t suffer from a disease which threatens public health, within 30 days of entry or granting the temporary residence permit.
- accommodation during the temporary stay (this does not apply: if the foreigner regularly travels to work or to the school across the border from a neighbouring country, or if the foreigner was granted temporary residence permit for the purpose of study and he/she studies at university, and if the foreigner was granted temporary residence for the purpose of specific activities and he/she is not doing business and is not employed, and conducts scientific research or development).
Documents proving accommodation:
- contract with the owner or user of the apartment lease or rental of its parts, or
- confirmation of accommodation to provide accommodation for temporary stay (accommodation facility may be, for example. hotel, boarding house or hostel), or
- certified statements from landlord providing accommodation,
- agreement granted by the police department that a foreigner can reside for family reunification, if it is a child (under 18 years of age) of a foreigner with temporary residence permit or his spouse.
Embassy or Police department may require a document that is not older than 30 days, proving that the foreigner will not be a burden on the social security system of the Slovak Republic.
The Police will decide on applications for temporary residence permit within 90 days, especially in complex cases, this period may be extended up to the 90 days. If the foreigner is applying for temporary residence permit for the purpose of study or specific activity, the police department will decide within 30 days of receipt.
Renewal of the Temporary Residence Permit
The police department may renew a temporary residence permit:
- up to 180 days if the temporary residence permit for the purpose of seasonal employment granted to less than 18 days and completion of the work requires a stay,
- up to three years if the foreigner’s stay will be expected to last at least three years, or
- up to five years if the foreigner will have a long-term stay in Slovakia.
An application for renewal of temporary residence permit is submitted in person on the official form for the police department. The police department issue the claimer with a reciept on a confirmation date of the request . With an application for renewal of a temporary residence for business purposes, a certificate must be added as a proof of paid tax and duty liabilities, premiums for health insurance premiums for social insurance contributions and superannuation, it does not apply for a long-term resident foreigners. If the foreigner is not a tax payer or not liable to pay premiums for health insurance and social insurance premiums this has to be accompanied by a document confirming this fact.
Temporary residence permit is considered as valid until a decision on an application for renewal of temporary residence permit.
A foreigner is obliged in case of the renewal of a temporary residence for the purpose of business to demonstrate that he is capable living of his taxed income from the business, or to support his family, this does not apply if the foreigner’s a long-term resident.
Termination of Temporary Residence Permit
Temporary residence permit shall lapse if:
- the foreigner does not enter Slovakia within 180 days of the authorization for temporary stay,
- the foreigner declare his termination on stay to the police in writing,
- his temporary residence permit has expired,
- it’s a case of an renvoi sentence,
- the foreigner was deported by administration law
- police department decides on the change of purpose of foreigner’s stay (if the foreigner became widow/widower or his marriage was divorced and his continuous temporary residence in the Slovak Republic takes at least three years, or reached the age of majority);
- foreigner has been granted a permanent residence permit,
- foreigner has been naturalized for a citizenship of Slovakia or
- the police department set aside the foreigner’s temporary residence permit.
Revocation of a Temporary Residence
The police department canceled temporary residence permit if:
- the purpose for which the foreigner was granted temporary residence permit passed over,
- finds facts that justify a refusal to grant a temporary residence permit,
- a document certifying the foreigner medical insurance during their stay in the Slovak Republic and the proof that he is not suffering from any disease which threatens public health are not submited,
- the foreigner without written notification to the police constantly staying abroad for more than 180 days
- finds that a foreigner married to obtain a residence permit, or
- foreigner seriously or repeatedly breaks the law of an obligation imposed by this Act.
This does not apply if the consequences of a temporary residence permit were unreasonable, because the abolition of temporary residence permit in particular regard to private and family life of a foreigner were unreasonable.
The police in the decision to revoke the temporary residence gives the foreigner a reasonable determination period to exit, the longest 30 days after the final decision.