Slovakia

    Guidance

    1.1 Has any guidance already been issued in relation to Brexit, for example on residence or work permits in the event of a no-deal Brexit?

    Yes.

    The Slovak Parliament has adopted an Act amending certain acts in the event of withdrawal of the United Kingdom from the European Union without a deal. This Act deals with legal status of UK nationals concerning their residence, performance of regulated professions, social security and other matters.

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    Business visas

    2.1 When UK employees become third-country nationals will they require a business visa?

    No. Regulation (EU) 2019/592 of 10 April 2019 exempts UK citizens from the requirement for a Schengen visa. It will apply from the day the UK is no longer subject to EU law. When it takes effect, UK citizens will be able to enter and stay in the Schengen area for a maximum of 90 days in any rolling 180-day period.

    The Schengen exemption will apply:

    • from Brexit date in the event of no deal;
    • from 1 January 2021 if the Withdrawal Agreement (‘WA’) is ratified (under the WA, UK nationals keep their EU free movement rights until 31 December 2020).

    However, even if allowed to enter and stay visa-free they might nonetheless need a work permit and temporary residence for the purpose of employment. For short-term business negotiation meetings the 90-day requirement stated above (i.e. business trip, etc.), work permit is not required.

    Third country nationals coming to stay and work in Slovakia for more than 90 days must obtain a Single Permit or a work permit and a residence permit for employment purposes, which involves a complicated application process.

    2.2 What documentation will be required for business travel on arrival at the border once UK citizens are considered third-country nationals?

    Travel documents (valid passport) with a validity of no more than ten years that is valid for at least three months after the intended date of leaving Slovakia.

    Valid visa, if required.

    Proof of duration and purpose of stay as border control may ask additional questions concerning duration and purpose of stay.

    Proof that a third-country national has sufficient means of subsistence, both for the duration of the intended stay and for return to their country of origin.

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    Permission to work

    3.1 When UK citizens become third-country nationals will they need permission to work?   

    No, provided UK nationals will meet the conditions for EU member state nationals to reside in Slovakia for a period longer than three months (e.g. study, employment, business) from the date of withdrawal of UK from EU.

    Other UK nationals, not meeting the above conditions as of the date of the UK’s withdrawal from the EU will need a work permit and a residence permit under the same conditions as other third-country nationals.

    3.2 If permission to work is needed do any quotas apply for employing third-country nationals?

    No

    There is no general quota, however, there is one limitation for jobs where there is a lack of workers, where a new accelerated process in applying for permits applies (effective from 1 January 2019). In this case,employment of a third-country national is allowed only if less than 30% of the specific employer’s workforce is third-country nationals).

    3.3 If permission to work is needed, as of when will it be needed?

    Permission to work will be needed for UK nationals coming to work in Slovakia following the date of the UK’s withdrawal from the EU.

    3.4 If permission to work is needed, what are the most common categories?

    According to statistics from the Central Office of Labour, Social Affairs and Family, the most common categories are:

    • operators of machinery and equipment;
    • qualified workers and craftsmen;
    • highly skilled employees and specialists.

    3.5 If permission to work or stay is needed, how long does the procedure take?

    Processing time varies since it depends on several factors such as type of work (qualified, seasonal) or the legal status of worker (e.g. legal residence of his or her relatives in Slovakia).

    Qualified or seasonal work

    The employer must announce a job vacancy to the Slovak Labour Office 15 days prior to submission of an application for a temporary residence permit by the third-country national.

    Unqualified work

    The employer must announce a job vacancy to the Slovak Labour Office 20 days prior to submission of an application for a temporary residence permit by the third-country national.

    The relevant police department decides on the application within 90 days from its submission (or within 30 days in specific cases).

    The procedure may take between one and six months, as the procedure is complicated and usually the statutory period is extended because all the requested documentation has not been provided, or because it is incomplete and requires completion.

    3.6 If permission to work or stay is needed, what Government fees would be due for this permission?

    Temporary residence for the purpose of employment – EUR 165.50 / EUR 170

    Temporary residence for the purpose of seasonal employment – EUR 33 / EUR 35

    Request for a European Union Blue Card – EUR 165.50 / EUR 170

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    Permanent residence

    4.1 From when can third-country nationals obtain permanent residence?

    Five years of legal stay in Slovakia (subject to conditions).

    Five years of legal and continuous stay in the territory of an EU Member State as a Blue Card holder; however, under condition of a legal and continuous two-year stay in Slovakia prior to applying for a permanent residence permit (subject to conditions).

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    Residence Status

    5.1 What steps could UK nationals still take to secure their residence status?

    UK nationals and their family members (e.g. spouses, descendants and older relatives), who have resided in Slovakia for five years (or less, subject to certain conditions) prior to Brexit date, will be considered long-term residents, meaning they may stay and work in Slovakia without any time limitation.

    Those who do not meet the above condition but have been resident in Slovakia longer than three months prior to Brexit date (e.g. for study, employment or business purposes), will be able to stay in Slovakia for a limited time period. Their stay will be considered long-term residence limited for five years. Following the expiry of this period, they will be able to apply for permanent residence for an unlimited time.

    Nonetheless, UK nationals and their family members will be obliged to apply for new residence documents by 31 December 2020.

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