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The main changes of the Slovak Law on Foreigners No. 404/2011, effective from 01/05/2017.
The main changes of the Law of Slovakia on foreigners.
No. 404/2011, effective from 01/05/2017.
The development of the next draft Law on Foreigners 404/2011 was this time due to the need to implement the norms of two EU Directives: on seasonal workers and on movements within the corporation in 2014.
Changes are made not only, in fact, in the Aliens Act, but also in the Employment Act, the Labor Code.
We list briefly the main changes.
Possibility to apply for a national Slovak visa in Slovakia.
In the event that a person is legally in the territory of Slovakia (for example, on the basis of a Schengen visa), it can apply for a national Slovak visa while in Slovakia. The application is submitted to the Ministry of Internal Affairs of Slovakia. The issuance of a national visa must be in the interests of Slovakia. Term of consideration: 30 days, as well as in case of submission to the consulate.
When authenticating the signature on the invitation, an additional obligation of the inviter is introduced to provide documents confirming the provision of housing for the guest.
Such documents can be: a confirmation of the hotel / hostel / hostel, confirmation from the owner of the property or confirmation from the user (for example, the tenant) of the property, if he is endowed with such rights by the owner.
The law introduces a new concept: “moving within a corporation”, which refers to the direction of an employee for more than 90 days from Slovakia to the territory of another EU member state within the framework of one corporation (group of companies).
In the event of such a transfer, a person obtains a residence permit on the basis of an employment contract, which will be indicated on the residence permit card: internal transfer (ICT), can be obtained for a maximum of one year (for trainee workers) or three years (for managers or specialists) .
Changes in the part of residence permit on the basis of study in the language school.
The study permit can be obtained (and extended) only by persons over 15 years of age who choose a language school with a minimum of 25 hours of work per week.
The law provides for special “facilitated” conditions for entrepreneurs who intend to implement an innovative business project in Slovakia.
So, to confirm financial support for entrepreneurial activity in case if a person submits a business plan for the implementation of an innovative project as confirmation of the purpose of a business, it is necessary to confirm the existence of only 40 times the subsistence minimum, i.�. about 8000 euros as of today.
Consideration of applications for obtaining residence permits in the case of an innovative project is provided in a shorter time, in comparison with the rest of the cases of a residence permit, only 30 days.
To further reduce the terms of consideration, such entrepreneur-innovator will be able to apply for the issuance of residence permit in the territory of Slovakia, having previously received a national visa in the consulate of Slovakia.
When extending, in case the business plan was estimated by the Ministry of Economics as innovative, it is enough to show the profit in the amount of 20 times the subsistence minimum, i.�. about 4000 euros.
In addition to the previously approved grounds for the abolition of residence permit, the following two are added:
if a person with a business residence permit entered into employment relationship (for example, if the director of the company has concluded a labor contract with the company). if a person who obtained a residence permit on one basis is engaged in activities falling under another reason (with a number of exceptions expressly provided for in the Aliens Act)
The extension of the time period for which a “blue” card can be obtained is a kind of residence permit based on hiring for highly skilled workers & # 8212; from 3 years to 4 years.
Clarify the obligation to notify the police of foreigners about the absence of more than 30 days.
The new version of the law clarifies the duty of an alien with a residence permit to notify the police on foreigners about their absence for more than 30 days outside the residence permit registration: a notification is required only if the person plans to stay out of the registration area for more than 30 days outside Slovakia.
Changes in the provision of accommodation in hotels, hostels and other similar institutions.
The police will not accept the confirmation of the provision of housing provided by the institution that provides accommodation services, if the number of persons with a residence permit at the address of this institution exceeds the capacity of the institution (number of rooms, rooms, etc.).
Change concerning the possibility of finding a job for a language school student.
Under the new rules, a language school student can not work for hire without a work permit, as was previously possible.
And the most important for those who plan or have already applied for (extension of residence permit) in Slovakia.
Applications submitted before 30.04.2017 will be considered at the time of filing the application of the edition of the Aliens Act, unless the provisions of the new version of the Law are more favorable to the foreigner.
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Permanent residence in Slovakia.
In order to obtain permanent residence in Slovakia, as a general rule, it is sufficient to have a residence permit for 5 consecutive years. Legislation in Slovakia does not provide for mandatory residence on the territory of the country for the extension of residence permit, however, the time of absence on the territory of the country should not exceed 180 calendar days per year. This facilitates the way to permanent residence, allows you to make the move smooth and serves as an additional advantage for Slovakia, investors interested in a stable profit.
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Trends in immigration legislation in Slovakia.
The immigration legislation of Slovakia is interesting.
Take one of the most relevant types of immigration & # 8212; business immigration.
A short digression into the history.
The longest in Slovakia existed the law on foreigners in 2002. If in short, then he was quite strict to the so-called. “Third-country nationals”, which are, among others. citizens of Russia and Ukraine. The most difficult was to get a residence permit, but the extension was easy. It was enough to show the company’s profit of 3000 euros and the extension for the next year was provided.
Later, in the framework of the implementation of the EU norms in 2011, a new law on foreigners was adopted. This law brought many new requirements to different categories of immigrants, primarily for business immigrants.
I would single out 4 key points that significantly differentiate the new & europeid & # 187; immigration law of Slovakia in the field of business immigration:
1. At the initial appeal, every immigrant businessman should show the availability of funds for business.
2. An additional document, which is the basis for immigration, is the business plan, on the basis of which the state management bodies check whether the proposed activity is interesting for Slovakia. The application of the business plan is not necessarily for all categories of business immigrants.
3. With the extension of the profit figure, 3000 euros rises to 12,000 euros.
4. If earlier, the activities of the company that brought profit to an immigrant entrepreneur could be carried out in any country, most importantly, that taxes have been paid, but now under the current law, activities should be carried out only in Slovakia.
In general, immigration legislation is gradually moving along the path of tightening.
To date, an application for a primary residence permit in Slovakia can be submitted only through the consulate of Slovakia in the country of permanent residence. Submission of documents in the consulate of Slovakia is accompanied by an interview in the form of questions and answers.
As part of the preparation of the package of documents for the application for the primary residence permit, we provide vocational training for an interview in the Slovak consulate, and we also provide further support from the Slovak side until a positive result is achieved.