AKMV 
Employment of a third-country national
According to Act No. 5/2004 Coll. on Employment Services (hereinafter referred to as the “Employment Services Act”): “An employer may employ a third-country national who has been granted a national visa (for the purpose of employment) and
- who is covered by a working leave programme approved by the Government of the Slovak Republic,
- who is involved in the realisation of a film project in the territory of the Slovak Republic; or
- it is of interest to the Slovak Republic, which has been approved by the Government of the Slovak Republic,”
If you need legal services in Slovakia, do not hesitate to contact us: office@akmv.sk or +421 915 046 749.
Employer’s obligations
An employer may employ a third-country national who has been granted a national visa within the meaning of the following Slovak Government Regulations pursuant to §23a(1)(ag)(3) of the Employment Services Act. The employer is obliged to notify the Labour, Social Affairs and Family Office, competent according to the place of work, within 7 working days of the start and termination of the employment on the information card form (Annex No. 9a – commencement [ DOCX], Annex No. 9b – termination [ DOCX]). A copy of the visa issued and the employment contract shall be attached to that form.
Labour Office: “As the national visa is granted /sticker in the passport/, the employer is obliged to report within 7 calendar days the beginning of the employment relationship by means of the form “Information card”.
On the Information Card it is necessary to indicate that this is an exemption according to §23a (1 ag).
The Information Card must be accompanied by a copy of the start of the employment relationship and a copy of the passport of the third-country national with his/her photo and data as well as the visa stick
After the end of the PP, the Information Card must also be used to notify the end of the PP within 7 calendar days.
The information card is given at the competent office, at the place of work of the foreigner….if it concerns truckers, bus drivers, at the place of the employer’s registered office. The information card is made in two copies, one of which is returned to you and one of which is kept at the office.”
Granting of a national visa to highly qualified third-country nationals in the interest of the Slovak Republic – Regulation 521/2021
§1 of Regulation No 521/2021 on the interest of the Slovak Republic in granting a national visa to highly qualified third-country nationals (hereinafter referred to as “the Regulation”): “It is in the interest of the Slovak Republic to grant a national visa pursuant to §15(1)(d) of the Act on the Residence of Foreigners (hereinafter referred to as the “national visa”) to third-country nationals who are graduates:
- a university graduate of the second degree of a higher education institution in the Slovak Republic or in the Czech Republic (if at the time of applying for a national visa he/she has not been granted temporary residence for the purpose of employment or study) (hereinafter referred to as “graduates of a Slovak or Czech higher education institution”),
- a university degree from a university listed in Annex 1 or an equivalent degree according to the European Qualifications Framework from a research institution listed in Annex 1 (if he/she is not granted temporary residence for the purpose of employment or study at the time of applying for a national visa) (hereinafter referred to as ‘graduates of higher education institutions as listed in Annex 1’),
- university graduates of the second or third degree of a higher education institution and will be employed by an employer in the Slovak Republic in the occupations listed in Annex 2 (if they do not have temporary residence at the time of applying for a national visa) (hereinafter referred to as “higher education graduates employed by an employer as listed in Annex 2″).”
A maximum of 3 000 national visas may be granted in a calendar year. The number of national visas shall not include a national visa granted for employment purposes to a third-country national if, prior to the grant of the national visa for employment purposes, he/she was granted a visa for the purpose of seeking employment.
Universities on Annex 1
There are a large number of universities on Appendix 1, such as Harvard University, Stanford University, Massachusetts Institute of Technology, University of Cambridge… https://www.slov-lex.sk/pravne-predpisy/prilohy/SK/ZZ/2021/521/20230101_5494051-2.pdf
Annex 2
Persons who can apply for employment visas are executives, IT professions with high added value, health professions with high added value, scientists and researchers and other technical specialists.
Purpose (reason) for granting such national visas and their duration:
- for the purpose of seeking employment for a period of 90 days
- employment purpose for the duration of the employment (max 1 year)
A national visa cannot be reissued for the same reason, i.e. a visa cannot be reissued twice for the purpose of seeking employment.
National visa procedure
§17(1) of Act No 404/2011 on the Residence of Foreigner (hereinafter referred to as the ‘Foreigner Residence Act’): “A third-country national shall submit an application for a national visa on an official form to the embassy. A third-country national may also submit an application for a national visa to the Ministry of the Interior if he or she is lawfully residing in the territory of the Slovak Republic and the national visa is to be granted in the interest of the Slovak Republic.” Such a visa is in the interest of the Slovak Republic and can therefore also be applied for at the Ministry.
Application for a visa for the purpose of employment
In addition to the application (https://www.mzv.sk/web/sk/sluzby/informacie-pre-cudzincov/vizove-formulare) for a national employment visa, the third-country national is required to submit:
- a valid passport;
- a completed national visa application form;
- a 3 x 3.5 cm colour photograph;
- proof of education,
- a university diploma or a certificate of successful completion of second-level studies at a higher education institution in the Slovak Republic or the Czech Republic, or
- a university diploma or a certificate of successful completion of studies at a university or educational establishment referred to in Annex 1 of the Regulation in a study programme of at least three years’ duration, or
- a university diploma or a certificate of successful completion of studies at a university or educational establishment in a study programme of at least four years’ duration, if the occupation is one of those listed in Annex 2 to the Regulation;
- a completed promise to employ the third-country national or a valid employment contract;
- proof of health insurance in the territory of the Slovak Republic valid until the entry into force of the employment contract.
Applying for a visa to seek employment
In addition to the application (https://www.mzv.sk/web/sk/sluzby/informacie-pre-cudzincov/vizove-formulare) for a national visa for the purpose of seeking employment, the third-country national is required to submit:
- a valid passport;
- a completed national visa application form;
- a 3 x 3.5 cm colour photograph;
- proof of education,
- a university diploma or a certificate of successful completion of second-level studies at a higher education institution in the Slovak Republic or the Czech Republic, or
- a university diploma or a certificate of successful completion of studies at a university or educational establishment referred to in Annex 1 of the Regulation in a study programme of at least three years’ duration, or
- a higher education diploma or a certificate of successful completion of studies at a higher education institution or training establishment in a study programme of at least four years’ duration, if the occupation is one of those listed in Annex 2 to the Regulation;
- an affidavit stating the purpose of the stay, countersigned by the applicant,
- proof of health insurance in the territory of the Slovak Republic for a period of 90 days
Granting of residence
In addition to the basic documents, the applicant shall submit additional documents to the application for a national visa in connection with the application for residence at the Foreign Police Department in the territory of the Slovak Republic:
- a complete application for residence to be filed in the SR;
- proof of the guarantee of accommodation in the Slovak Republic for at least the period of validity of the national visa; the proof is not required if the relevant proof of the guarantee of accommodation in the Slovak Republic submitted with the application for residence covers the period of validity of the national visa;
- proof of financial security of the stay in the SR for at least the duration of the national visa (e.g. confirmation of the balance on the account in the amount of EUR 56/day of the stay held in a bank in the SR, a branch of a foreign bank or a foreign bank in the name of the applicant); the proof is not required if the relevant proof of financial security of the stay in the SR submitted with the application for stay covers the duration of the national visa;
- proof of transport to Slovakia
Deadline for submitting the application and deciding on the application
Embassies may require the applicant to reserve a deadline for submitting the application. Further information will be provided to the applicant by the relevant embassy.
The embassy shall decide on the application for a national visa within 30 days of receipt. The embassy may grant a national visa only after the prior approval of the Ministry of the Interior of the Slovak Republic.
Fees
Application for a national visa if it is necessary for the fulfilment of the Slovak Republic’s obligations under international treaties, if it is in the interest of the Slovak Republic or if it is necessary in connection with the granting of a residence permit in the Slovak Republic: EUR 35
Granting a national visa
A national visa is granted for a stay of more than three months, for a maximum of one year. A national visa may be granted for a necessary period of time if the granting of a national visa is necessary for the fulfilment of the obligations of the Slovak Republic arising from international treaties or in the interest of the Slovak Republic.
The national visa shall be granted in the form of a visa sticker in the passport of the third-country national. The national visa for employment purposes shall contain the following data:
- ISCO employment code according to the Statistical Classification of Occupations for which the national visa will be used,
- the name of the employer with whom the third-country national will be employed,
- the identification number of the employer with whom the third-country national will be employed,
- an indication that the national visa has been issued for the purpose of seeking employment, if it is issued within the meaning of Government Regulation No 521/2021.
Content of the D visa granted to highly qualified third-country nationals
- for the purpose of seeking employment: indication that the national visa was issued for the purpose of seeking employment
- for the purpose of employment: the code of the occupation according to the statistical classification of occupations for which the national visa will be used and the name and identification number of the employer with whom the third-country national will be employed
Cancellation of the national visa
§1(6) of the Regulation: ‘During the period of validity of the national visa granted, the third-country national may not be employed or have any other employment relationship with any other employer or in any employment other than that for which the national visa was granted’ Violation of this prohibition is considered to be a failure to fulfil the purpose for which the national visa was granted. Thus, according to §17(8)(c): “The embassy or police department shall be entitled to revoke a national visa if the third-country national fails to fulfil the purpose for which the national visa was granted.”
Granting of national visas to selected groups of third-country nationals – Regulation 520/2021
In 2022, a national visa will be granted to citizens of the Republic of Belarus, the Republic of Serbia and Ukraine and citizens of the Republic of North Macedonia, Bosnia and Herzegovina, Montenegro, Georgia, the Republic of Armenia, the Republic of Moldova (supplemented by Government Regulation No. 94/2022) who will be employed in occupations according to the ISCO statistical classification of occupations:
- 8331001 – Bus driver, in total not exceeding 150 national visas
- 8332006 – HGV, lorry driver (international transport)
- 8332007 – Heavy goods vehicle, lorry driver (national transport), total of not more than 1 770 national visas
A national visa may be granted to a third-country national if, at the time of applying for a national visa, he/she has not been granted temporary residence pursuant to §23 of the Act on the Residence of Foreigner or has not submitted an application for temporary residence pursuant to §23 of the Act on the Residence of Foreigners. An employment contract has been established as a document proving the purpose of the stay, as well as the relevant authorisation to drive a motor vehicle. For the sake of a more credible and direct proof of the purpose of the stay, the proof of the purpose of the stay by a written promise of employment by the employer alone has been abandoned.
(https://www.mic.iom.sk/sk/pobyt2/viza/765-narodne-vizum.html#vodici)
Granting a national visa
A national visa may be granted to a third-country national if he or she does not have a temporary residence permit for the purpose of employment or an application for a temporary residence permit at the time of applying for a national visa.
Duration of the visa
The national visa shall be granted for the duration of the employment, for a maximum period of one year, and may not be reissued.
Cancellation of a national visa
§1(5) of the Regulation: “During the period of validity of the national visa granted, the third-country national may not be employed or have any other employment relationship with another employer or in an employment other than that for which the national visa was granted.” Violation of this prohibition shall be considered as a failure to fulfil the purpose for which the national visa was granted. Thus, according to §17(8)(c): “The embassy or police department shall be entitled to revoke a national visa if the third-country national fails to fulfil the purpose for which the national visa was granted.“
Application for a visa
“The embassy or police department shall be entitled to revoke a national visa if the third-country national fails to fulfil the purpose for which the national visa was granted.”
In addition to the application (https://www.mzv.sk/web/sk/sluzby/informacie-pre-cudzincov/vizove-formulare) for a national visa, the third-country national is required to submit:
- a valid passport;
- a completed national visa application form;
- a 3 x 3.5 cm colour photograph;
- employment contract
- driving licence
- proof of health insurance in the territory of the Slovak Republic
Temporary residence permit for the purpose of employment
Labour Office: “If the third-country national has already been granted a national visa (D), he/she may carry out work activities on the basis of this visa.“
Employer’s obligations
An employer may employ a third-country national who has been granted a national visa in accordance with the above-mentioned Slovak Government Regulations pursuant to §23a(1)(ag)(3) of the Employment Services Act.
The employer is obliged to notify the Labour, Social Affairs and Family Office, competent according to the place of work, within 7 working days of the beginning and the end of the employment on the information card form. The form shall be accompanied by a copy of the visa issued and the employment contract.”
During the period for which the visa has been issued, it is necessary for the foreigner to arrange a stay for the purpose of employment, as the visa cannot be reissued. (Social and Family Labour Office)
If he has already been granted a D visa, nothing is needed except to carry out the activity for which the visa was granted and during the period of validity of the D visa. The D visa replaces the temporary residence for employment for the period granted. (RHCP BA)
Grant of residence
In addition to the basic documents, the applicant submits additional documents to the application for a national visa in connection with the application for residence at the department of the Foreign Police in the territory of the Slovak Republic:
- complete application for residence to be filed in the SR;
- proof of the provision of accommodation in the SR for at least the period of validity of the national visa; the proof is not required if the relevant proof of the provision of accommodation in the SR submitted with the application for residence covers the period of validity of the national visa;
- proof of financial security of the stay in the SR for at least the duration of the national visa (e.g. confirmation of the balance on the account in the amount of EUR 56/day of the stay held in a bank in the SR, a branch of a foreign bank or a foreign bank in the name of the applicant); the proof is not required if the relevant proof of financial security of the stay in the SR submitted with the application for stay covers the duration of the national visa;
- proof of transport to Slovakia.
