The National Council of the Slovak Republic has approved an amendment to the Act on Residence of Foreigners. The primary goal of this amendment is to alleviate the burden on Foreign Police Departments (OCP) due to capacity issues. As a result, some administrative tasks will be exclusively transferred to diplomatic missions and certain processes will be simplified.
The following changes will come into effect on July 1, 2025:
1. Abolition of the obligation to provide proof of financial security for foreign nationals' residence (in most cases) – This applies where European legislation permits. Since financial security is a condition that can be verified even after residence is granted or renewed (e.g., as part of foreigners' obligations to have financial coverage for each remaining month of their granted residence), and not necessarily at the time of application, the proposed amendment removes the requirement to submit proof of financial security from the Act on Residence of Foreigners wherever possible. Specifically:
The obligation to provide proof of financial security for residence will only remain for invitations (§ 19 para. 7), initial granting or renewal of temporary residence for business purposes (§ 32 para. 2 letter c), § 34 para. 3 letter b)), and long-term residence (§ 53 para. 4). Going forward, a bank account balance confirmation from a bank, a branch of a foreign bank, or a foreign bank will be accepted as proof of financial security, instead of a three-month bank statement. Financial security for business activities will be proven in the same way. Practical application has shown that requiring a three-month bank statement in these cases is an excessive administrative burden.
2. Abolition of an administrative obligation for foreign nationals – The requirement to attach a 3x3.5 cm photograph to residence applications for third-country nationals (TCNs), or to applications for residence permits for EU citizens and their family members, is being removed.
3. Introduction of the option to submit applications for registration of the right of residence for EU citizens and their family members at any Foreign Police Department, rather than strictly according to their address of residence.
4. The legal requirement to book an appointment via the reservation system for handling life situations at the relevant Foreign Police Department, if individuals wish to submit their application in person, is now being enshrined in the law (previously, this was only a matter of practice and not regulated by law).
5. Adjustment of the validity period for national visas granted for the purpose of submitting a residence application within Slovakia (excluding business purposes) (§ 15 para. 1 letter b) of the Act on Residence of Foreigners). This period is being extended from 90 days to 120 days to provide more time for booking an appointment with the Foreign Police.
6. Stricter regulation of the admission of foreign nationals to Slovakia for business purposes:
The change in the system for admitting foreign nationals for business purposes should primarily ensure that admitted foreign nationals properly fulfill the purpose of their granted business residence, conduct business within Slovakia, and that state authorities have effective means to prevent the misuse of residence permits. It should also help increase the employment of foreign nationals who will apply for temporary residence for employment instead of temporary residence for business purposes. In practice, it is common for employers to compel foreign nationals to obtain a trade license instead of employing them directly.
Applications for temporary residence for business purposes can now only be submitted abroad at the relevant diplomatic mission (without the possibility of a territorial exception) = only at a Slovak diplomatic mission accredited for the state that issued the TCN's travel document or where they have their permanent residence.
Introduction of a quota system for the number of accepted applications for temporary residence for business purposes at specific Slovak diplomatic missions from which foreign nationals will be admitted to Slovakia. Applications for renewal of temporary residence for business purposes or change of residence purpose to business are not included in the quota system. An implementing regulation (a decree of the Slovak Government) will determine the total number of applications for temporary residence for business purposes that can be accepted at Slovak diplomatic missions in a calendar year.
The degree of economic benefit for Slovakia will always be evaluated: In contrast to the original regulation, there is now an obligation to always attach a business plan to an application for temporary residence for business purposes, even in cases where the TCN is registered in the Commercial Register, Trade Register, Register of Legal Entities, Entrepreneurs, and Public Authorities, or another similar register, or is registered in the Commercial Register as a person authorized to act on behalf of a commercial company or cooperative. The goal is for every application for temporary residence for business purposes to be assessed by the Ministry of Economy of the Slovak Republic in terms of the contribution of the TCN's business activity to the Slovak economy.
Granting of residence for business purposes to first-time applicants en masse for three years.
The possibility for TCNs to apply for a change of residence purpose to business purposes only after two years of temporary residence granted for another purpose (to prevent speculation and quota circumvention).
Transitional provision – Proceedings initiated before the new legal regulation comes into effect will be completed according to the regulations effective before the proposed new legal regulation, with the exception of those proceedings where the new legal regulation is more favorable to the individual. Temporary residences for business purposes granted until now remain valid until their expiration.
