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Changes to the Act on the Residence of Foreigners in relation to COVID-19

The Slovak Parliament approved a government bill on some measures within the competence of the Ministry of the Interior of the Slovak Republic in connection with the disease COVID-19. In relation to the Act on the Residence of Foreigners, the following changes have been adopted:
 
A. Temporary residence, permanent residence or tolerated residence that would otherwise have expired during the current epidemic or which expires within one month of the withdrawal of a crisis situation shall be extended until two months after the crisis situation is called off.
 
B. A third-country national who has legally entered the territory of the Slovak Republic and has not been granted a residence pursuant this Act is entitled to stay in the territory of the Slovak Republic until one month after the crisis situation is called off.
 
C. A third-country national residing outside the territory of the Slovak Republic during a crisis situation may submit an application for renewal of temporary residence or an application for permanent residence for an unlimited period of time at the embassy.
 
D. The police department may accept documents for application or renewal of a residence permit older than 90 days if those documents were not older than 90 days at the time of the crisis situation for which the third country national was not able to apply for the residence permit/renewal, and the third-country national has not left the territory of the Slovak Republic at the time of submitting such application.
 
E. Also, the proposal includes a prolongation of several important time limits which would otherwise result in a revocation of residence status, and these time limits will be prolonged for the duration of the crisis. This includes the time limits pursuant to Section 36 (3) and Section 41 (3). For example, if at the time of crisis an employee loses a job, or if a student would complete the studies were it not for the crisis, the normal period of 60 days for employees and 30 days for students to resolve their situation will be prolonged for the duration of the crisis. The same applies to blue card holders.
 
F. Other important time limits shall be suspended until the crisis situation is called off. These include:
  • an obligation of a third-country national to submit a proof of health insurance or a proof of not being infected by disease endangering public health within 30 days from receipt of the residence card (Section 32 (8), (9), Section 38 (8), Section 45 (4), Section 47 (5);
  • an obligation of a third-country national to submit an employment contract within 30 days of receipt of the residence card if the third-country national has submitted only the promise of employment (Section 38 (9));
  • an obligation of a family member of a Union citizen to apply for a residence card at the police department within 30 days of the expiration of three months from the date of entry into the territory of the Slovak Republic (Section 70 (9));
  • an obligation of a family member of a Union citizen to apply for a residence card no later than the last day of validity of his/her current residence card (Section 71 (8));
  • an obligation of a third-country national/Union Citizen/family member of the Union citizen to report to the police department a change in his/her name, surname, family status, nationality and data provided in a travel document within five working days following the date the change occurred; and change in a travel/identity document (Section 111 (1)(g), Section 112 (1) (c) and Section 112 (2) (d));
  • an obligation of a third-country national/Union Citizen/family member of the Union citizen to report the loss, theft or damage of the travel document or documents issued pursuant to this Act to the police department within the period of five/ten working days following the date he/she became aware of it (Section 111 (1)(i), Section 112 (1)(e) and Section 112 (2) (f));
  • an obligation of a third-country national to notify the police department within three working days of the fact that the purpose for which the residence permit was granted ceased to exist (Section 111 (1)(n));
  • an obligation of a third-country national to leave not later than on the last day of the legal residence; if the application for temporary residence permit of the third-country national was rejected due to a change in the purpose or kind of residence, the application for temporary residence permit renewal was rejected, the temporary residence permit was withdrawn, the application for permanent residence permit for unlimited period of time was rejected, permanent residence permit was withdrawn, the application for tolerated residence was rejected, the application for extension of the tolerated residence was rejected or the tolerated residence withdrawn, the third-country national shall be obliged to leave the country within 30 days of the date of enforceability of the decision, unless he/she is authorised to stay in the territory of the Slovak Republic on other grounds (Section 111 (1)(p));
  • an obligation of a third-country national/Union Citizen/family member of the Union citizen to apply within five/ten working days for a new residence card if the data recorded in this document no longer correspond with reality or in case of a loss, theft or damage of such document (Section 111 (1)(q), Section 112 (1) (k) and Section 112 (2) (l));
  • an obligation of a third-country national to notify a change in his/her document called "Additional employment data" to the police department within five working days (Section 111 (1)(t));
  • an obligation of a third-country national to report change of address within the period of five working days following the date of the change (Section 111 (3));
  • an obligation of a Blue Card holder to notify the commencement and termination of his/her unemployment period within five working days and obligation to report change of his//her employer to the police department not later than five working days prior to commencement of new job (Section 111 (4));
  • an obligation of a third country national under Section 36a - 36d (mobility of an employee transferred within a company, university student, researcher and family member) to immediately leave the territory of the Slovak Republic if he/she does not comply with the conditions for such mobility (Section 111 (7));
  • an obligation of a Union Citizen and a family member of the Union citizen to leave the territory of the Slovak Republic if he/she lost the right of residence or his/her right of residence was terminated (Section 112 (1) (l) and Section 112 (2) (m));
  • an obligation of a family member of the Union citizen to apply for the new residence card not later than on the last day of validity at the police department (Section 112 (2) (a));
G. The following obligations do not apply until the crisis situation is called off:
  • an obligation of a third-country national who is entitled to remain in the territory of the Slovak Republic due to a provision of institutional care related to an urgent health care or an ongoing quarantine measures to leave the Slovak Republic territory within seven days of expiration of these reasons (Section 61a (4));
  • an obligation of a parent of a third country national who was born in the territory of the Slovak Republic or other member state to ensure his/her departure from the country within 90 days from his/her birth, if he/she fails to apply for the granting of residence according to this Act in the name of the newborn (Section 62 (3));
  • an obligation of a third-country national who has been issued with a decision on administrative expulsion to leave the country within the period specified in the decision (Section 83 (1)).
H. The duration of the crisis situation shall not be counted within the period of 180 days following the granting of temporary or permanent residence which was imposed on a third-country national to enter the territory of the Slovak Republic.
 
I. The execution of a decision on administrative expulsion shall be postponed for the duration of the crisis situation. However, this postponement does not constitute a ground for release from the detention pursuant to Section 90 (2) (b) (1.).
 
J. The Ministry of the Interior may also pardon missing another deadline under this Act if it has expired during the duration of the crisis situation.
 
K. When applying for a renewal of the temporary residence for the purpose of business, the third-country nationals will not be required to prove a taxable income from their business (Section 34 (6)) or demonstrate a profit after taxation of their company or cooperative at the required minimum amount (Section 34 (7)) for the previous taxation period during which a crisis situation lasted, if they submit an affidavit stating that their business has been affected by the duration of the crisis situation during the previous taxation period.