Temporary stay of foreigners in Slovakia is governed by law # 404/2011 Coll. as to residence for foreigners and amendments and supplements of some laws in the wording of later provisions (hereafter only „Residency law for foreigners“).
Temporary residency within the territory of the Slovak Republic which has been granted to a national of a third country, entitles him to stay in the territory of the Slovak Republic, go abroad and re-enter its territory during the period for which it has been issued. Temporay stay may be issued for only one purpose, and if the foreigner with temporary stay wants to perform another activity, he must request the issuance of a new temporary residency for another purpose (change the purpose of stay).
The law distinguishes several types of temporary stay, which are divided according to the purpose for which they were granted. This concerns temporary stay:
- for business purposes,
- for employment purposes,
- for study purposes,
- for specific activity,
- for the purpose of reasearch and development,
- for the purpose of family reunification,
- for the purpose of performing service by civil units of the armed forces,
- persons granted the status of a Slovak living abroad,
- one granted the status of an individual with long-term stay in another member country.
Temporary residency in the territory of the Slovak Republic is also considered to be temporary stay based upon the European Union blue card issued as pursuant to the Residency law for foreigners.
The types of temporary stay we encounter most often in practice are given individual articles. These are stays for the purposes of employment, doing business, study, and the blue card. In this article we shall dedicate space to the other types of stay which are known to the Residency law for foreigners.
Temporary stay for the purpose of specific activity
Temporary stay for the purpose of specific activity may be granted by the Police Department to the national of a third country who is not a self-employed person and performs:
- teaching activities,
- artistic activities,
- sporting activities,
- internship as part of study outside the territory of the Slovak Republic,
- activity arising from programs of the government of the Slovak Republic or programs of the European Union,
- fulfilling commitments of the Slovak Republic stemming from international agreements,
- providing medical care or to escort the national of a third country who is being provided medical care if neccessary,
- volunteer activity,
- activity of a journalist accredited in the Slovak Republic.
This stay may be granted for the time required to achieve one`s purpose, but for a two year maximum. Temporary residency is not required from a foreigner for the first 90 days, if they are legitimately residing in the territory of the Slovak Republic and they have notified the Police Department of the start, location, and expected length of their stay.
In this case the purpose of stay is documented by:
- confirmation by school or other educational institute concerning teaching activity,
- confirmation by the organ of state administration or artistic agency,
- confirmation by sporting organization or appropriate organ of state administration,
- confirmation of internship, if it is a state national of a third country,
- confirmation by the organ of state administration within which the activity is being carried out according to programs approved by the government of the Slovak Republic or programs approved by the European Union, or confirmation of the organization administratively providing such a program based on agreement with the relevant organ of state administration,
- international agreement, confirmation by state administration organ within whose scope the activity is performed according to programs approved by the government of the Slovak Republic or programs of the European Union or confirmation of the organization administratively providing such a program based on agreemnet with the relevant organ of state administration,
- confirmation from a medical care facility as to the provision of health care or document as to the need for escorting,
- confirmation from a non-governmental organization about performing volunteer activity, if it concerns the national of a third country,
- confirmation from the relevant organ of state administration as to performing journalistic activity by a journalis accredited in the Slovak Republic or a document of accreditation of the journalist operating in the Slovak Republic.
Temporary stay for the purpose of research and development
Temporary stay for the purpose of research and development may be granted by the Police Department to a national of a third country, who is doing research and development based on agreement as to sponsoring. This stay may be granted for the time neccessary to achieve objectives, for two years at the most. The national of a third country who has been granted stay for the purpose of research and development may do business. Temporary residency is not required for foreigners in the first 90 days if they are residing in the Slovak Republic legitimately and have notified the Police Department of the start, location and expected duration of stay.
Purpose of stay is here evidenced by the sposorship or hosting agreement.
Temporary stay for the purpose of family reunification
Temporary stay for the purpose of family reunification may be granted by the Police Department to the state national of a third country who is:
- family member of the state national of a third country with a temporary stay or permanent residency,
- directly related kin of a refugee younger that 18 years or a dependant person according to international agreement.
Family member of a state national of a third country as pursuant to this law is considered as:
- spouse, if the married couple are older than 18,
- an unmarried child younger than 18 years of the national of a third country and his/her spouse,
- his/her unmarried child younger than 18 years,
- unmarried child and his/her spouse younger than 18 years,
- his/her dependant unmarried child older than 18 years and his/her spouse, who is unable to manage for himself for the reason of a long-term unfavorable heath condition,
- his/her parent or the parent of his/her spouse, who is dependant on his/her care, and in the country from where he/she comes proper family support is not enjoyed.
In the case where the request is for temporary stay for the purpose of family reunification for the unmarried child of a state national from a third country, or the unmarried child of his spouse, the other parent of the child, to whom personal care was not care entrusted must agree with the issuance of the temporary stay.
Temporay stay for the purpose of family reunification is granted up to the end of validity of residency for the national of a third country, for whom the applicant calls upon their right for family reunification. Temporay stay for this purpose can be given for five years at the most. The state national of a third country with stay granted for the purpose of family reunification may do business. When fulfilling the conditions as presented in the law of Employments Services he may also work.
Purpose of stay in this case is evidenced with a family register.
Temporary stay for the purpose of performing service duties by civil units of the armed forces
Temporary stay for the purpose of performing service duties by civil units of the armed forces is granted by the Police Department to the state national of a third country who is member of a civil unit of the sending state and who is in the service of their armed forces, for five years at most.
The purpose of stay is evidenced by individual order or collective order for the transfer of armed forces.
Temporary stay of a person who has the granted status of Slovak living abroad
Temporay stay of a person who has the granted status of Slovak living abroad may be given by the Police Department of the state national of a third country who has been issued a certificate as a Slovak living abroad. This temporary stay can be granted up to a period of 5 years. The national of a third country, who has temporary stay given as one with the status of Slovak living abroad may do business and may be employed. For persons who have been given the status of Slovak living abroad work permission is not required, nor is the assent of the Office of labour, social matters and family for employing this individual. The employer is obligated to fill out and submit to the appropriate Office of labour, social matters and family an information card.
Purpose of stay is evidenced by certificate of Slovak living abroad.
Temporary residence of one granted the status of long-term stay in another member country
Temporay residence of the national of a third country who has been granted the status of long-term stay in another member country may be given by the Police Department to such a national who:
- does business in the territory of the Slovak Republic,
- is employed in the terriotry of the Slovak Republic,
- studies at a school in the Slovak Republic,
- performs an activity which corresponds to a specific activity, or research and development (determined by law for the Residency of foreigners),
- is a family member (husband, wife, child) of the national of a third country and the family had already existed in another member state, where the national was admitted the status of a person with long-term residency.
Purpose of stay is evidenced by a document of long-term residency issued by a member country and work agreement, written promise of the employer to accept the national of a third country into employment, confirmation of the relevant organ of state administration, school, or other accredited facility for accepting the national of a third country for study or specialized training, or by another document which confirms the special work activity, or research and development.
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