Renewal of the Slovak residence permit

The application (official form) for renewal of residence is submitted only in person, at the relevant department of the Foreign Police. Foreigner applying for renewal of residence for the purpose of family reunification, who is unable to apply in person for renewal of temporary residence due to lack of power, may be represented by the foreigner with whom he/she is applying for family reunification.

The application shall be made by the foreigner in person; it shall not be possible for the foreigner to be represented by a power of attorney for the purpose of submitting the application for renewal of residence. The foreigner shall sign the application directly in front of the official/police officer when submitting the application for renewal.

A big advantage of renewing your residence is that the renewal application does not have to be complete (the annexes do not have to be submitted immediately when you apply). Subsequently, they can also be added to the file by post. However, a valid passport must be submitted with the application.

For all stays, in addition to the passport and residence card (proof of residence), one recent photograph measuring 3 x 3,5 cm is required as an attachment to the renewal application. The list of other attachments to be submitted with the application for renewal of residence depends on the purpose for which the foreigner was granted residence (see below). The documents must not be older than 90 days; if they were issued abroad, an official translation and an apostille or superlegalisation are also required.

• For business – The Police Department may renew a temporary residence for a maximum period of 3 years if the third-country national’s intended stay will last for at least that period. In practice, we have encountered that foreigners are renewed (extended) for the purpose of business for another 1.5 to 2 years.
• for seasonal employment – for a maximum period which, together with the previously granted temporary stay and the stay for seasonal employment, does not exceed 180 days in total during 12 consecutive months and the termination of the seasonal work requires a further stay,
• for the purpose of study of a university student, for the purpose of research and development – for nine months, who, after the end of the study or research activity, wishes to stay in the territory of the Slovak Republic in order to look for a job or to start a business,
• for the purpose of family reunification, study and employment – for a maximum period of five years, if the intended stay of the third-country national will last at least five years, or
• a Slovak living abroad and a long-term resident in another Member State – for a maximum period of five years
• In other cases – for a maximum of three years, if the expected stay of the third-country national will last at least three years.

In practice, we have encountered that temporary residence for the purpose of business was renewed for 1.5 to 2 years, then for the same period of time for family members for family reunification, for employment is usually renewed for 2 years.

The application for renewal of a temporary residence permit must be submitted to the competent department of the Foreign Police (according to the current residence), no later than on the last day of the validity of the temporary residence permit.

An application for renewal of residence for the purpose of business may be submitted to the Foreign Police Department at the earliest 6 months before the end of the period of authorised residence until the expiry of the residence permit, i.e. at the latest on the last day of the validity of the temporary residence.

In the case of residence for the purpose of seasonal employment, an application for renewal must be submitted at the latest 30 days before the expiry of the validity of the temporary residence permit granted. The sponsor (the third-country national with whom the family reunification is sought) may submit an application on behalf of the foreigner who is renewing the temporary residence for the purpose of family reunification, if he/she is unable to submit the application for renewal of the temporary residence in person due to his/her lack of health.

The temporary residence shall be deemed to be lawful in the territory of the Slovak Republic after the expiry of its validity until the decision on the application for renewal of the temporary residence is taken.

RECOMMENDATION: Despite the above, we do not recommend leaving the territory of the Slovak Republic until the decision to extend the stay has been made, as the police department does not issue a confirmation of this and a residence permit with an expired expiry date is unlikely to be sufficient at the border.

• The standard time limit for a decision on an application for renewal of temporary residence is up to 90 days.
• A decision shall be made within 30 days if the renewal of temporary residence for employment purposes is based on confirmation of the possibility of filling a vacancy that will be performed by a person in a job with a labour shortage, provided that all the legal conditions are met.
• The police department shall decide within 30 days of receipt of the application, together with all the particulars, if it is
• a third-country national referred to in § 23(4), if he/she has performed seasonal employment in the previous five years pursuant to § 23(6)(g) or has been granted temporary residence pursuant to § 23(4),
• a third-country national pursuant to § 24 to § 26 and § 29,
• a third-country national who represents or works for a foreign investor in the Slovak Republic and is also a citizen of a Member State of the Organisation for Economic Cooperation and Development,
• a third-country national who represents or works for a significant foreign investor in the Slovak Republic,
• a third-country national who represents or works for a business service centre or technology centre,
• the spouse of a third-country national referred to in points (c), (d) or (e) or a child under 18 years of age of a third-country national referred to in points (c), (d) or (e); or
• a third-country national who applies for temporary residence pursuant to § 22(1)(b) on the basis of a business plan for the implementation of an innovative project and who has submitted an application for such temporary residence to an embassy or police department on the basis of a national visa granted pursuant to § 15(1).

A valid travel document, otherwise the police department will not accept the application, one 3 x 3.5 cm photograph showing his/her current appearance, documents no older than 90 days that confirm

1. purpose of stay – if the foreigner is doing business in the territory of the Slovak Republic as a managing director of a commercial company, he/she shall attach a document confirming the authorisation to do business, i.e. an extract from the company’s commercial register
2. financial security of the stay (e.g. confirmation of the foreigner’s bank account balance, in the case of a foreign bank also the turnover for the last 3 months) – the third-country national shall prove the financial security of the stay in the amount of the subsistence minimum for each month of stay; if the length of the stay exceeds one year, the financial security must be proved in the amount of twelve times the subsistence minimum.
3. financial security for business
4. health insurance during the stay in the territory of the Slovak Republic – this must be maintained also during the period of the decision on the renewal of the stay, otherwise the procedure will be interrupted and the foreigner will be called upon to provide proof of it; a confirmation of the health insurance company on the existence of the foreigner’s insurance shall be provided.
5. provision of accommodation
6. confirmation that the foreigner (entrepreneur) has paid tax and customs obligations, health insurance premiums, social insurance premiums and contributions to retirement pension savings from this business and from all the companies and cooperatives on whose behalf he acts. Confirmation is required from all three health insurance companies. If the third-country national is not a taxpayer or is not liable to pay social security contributions, a document confirming this is required. These documents can now also be requested by the Foreign Police Department itself.

A foreigner doing business as a natural person is obliged to prove, in addition to the application for renewal of temporary residence, taxable income from this business for the previous tax period in the amount of at least twenty times the minimum subsistence level; if he/she did not do business for the whole of the previous tax period, he/she is obliged to prove taxable income in the amount of twice the minimum subsistence level for each month of stay in the previous tax period.

This shall be evidenced by a certificate from the tax office stating the net profit from the business for the last tax period, which must be requested by the foreigner.

If the third-country national was not yet entitled to run a business in the previous tax period, he or she must provide proof of the financial security of the business activity in the amount of ten times the minimum subsistence level by means of a bank balance certificate with the application for renewal of the temporary residence permit.

A foreigner conducting business as a member of a body of a commercial company is obliged to prove the after-tax profit of the commercial company or cooperative on behalf of which he acts for the previous tax period in the amount of at least sixty times the minimum subsistence level, if it concerns a third-country national whose business plan has been assessed by the Ministry of Economy of the Slovak Republic as an innovative project, in the amount of at least twenty times the minimum subsistence level, in addition to the application for renewal of the temporary residence permit; if he/she has not been in business for the whole of the previous tax period, he/she is obliged to prove an after-tax profit of five times the minimum subsistence level for each month of residence in the previous tax period. If the third-country national acts on behalf of more than one company or cooperative, the after-tax profit requirement of the preceding sentence must be met by at least one of the companies or cooperatives on whose behalf he acts. This shall be evidenced by a certificate from the tax office on the net profit from the business for the last tax period, which the foreigner must request.

If the third-country national has not yet been authorised to act on behalf of the company or cooperative in the previous tax period, he or she must provide proof of the financial security of the business activity in the amount of thirty times the minimum subsistence level by means of a statement of the account balance in addition to the application for renewal of the temporary residence permit

The third-country national shall provide proof of financial security of residence in the amount of the minimum subsistence level for each month of residence; if the duration of residence exceeds one year, he/she shall provide proof of financial security in the amount of 12 times the minimum subsistence level. A third-country national who is a minor shall prove financial security for the stay at half that amount.

Practical advice: We recommend proving financial security for the entire period for which you are applying to renew your residence.

A foreigner applying for renewal of residence also for his/her spouse and child may attach an affidavit that he/she will provide financially for them for the entire period of their stay in the territory of the Slovak Republic. He/she must have funds in the above amounts in his/her bank account, which he/she must prove by a bank statement in his/her name; in the case of a foreign bank, the turnover must also be attached.

The document proving the provision of accommodation, as defined in the Foreigners’ Residence Act, means:

1. a title deed or an extract from the property list from the Land Registry issued in the name of the foreigner,
2. a lease agreement with the owner or user of the property and an extract from the property list or other document proving the right to use the property,
3. confirmation from the accommodation establishment that accommodation has been provided, or
4. an honour declaration of a natural person or legal entity on the provision of accommodation to a foreigner in the territory of the Slovak Republic and an extract from the property list or a document proving the right to use the real estate.

The accommodation may be proved either by a property list, if the foreigner is the owner of the real estate, or by a lease agreement. When applying for renewal of residence, the foreigner may also submit an official affidavit from the landlord of the property stating that the lease agreement is still valid, if the third-country national has proved in the procedure for granting temporary residence that the accommodation has been provided by means of a lease agreement and that the lease agreement is still valid for at least six months.