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New immigration law set for May

A RECENT amendment to the Act on the Residence of Foreigners, which is the main law covering Slovakia’s immigration policy, will become effective as of May 1, 2013. The amendment mainly changes conditions for third-country nationals who have the status of ‘Slovaks living abroad’ when they apply for residence in Slovakia. ‘Slovaks living abroad’ is a special category for descendants of Slovaks who emigrated, mostly after the Second World War and during the communist era, and who are eligible to seek Slovak citizenship under certain conditions.

A RECENT amendment to the Act on the Residence of Foreigners, which is the main law covering Slovakia’s immigration policy, will become effective as of May 1, 2013. The amendment mainly changes conditions for third-country nationals who have the status of ‘Slovaks living abroad’ when they apply for residence in Slovakia. ‘Slovaks living abroad’ is a special category for descendants of Slovaks who emigrated, mostly after the Second World War and during the communist era, and who are eligible to seek Slovak citizenship under certain conditions.

As of May 1, third-country nationals (in other words, non-EU citizens) with ‘Slovak living abroad’ status will be entitled to reside in Slovakia after filing an application for a temporary residence permit. Until now, the application did not allow the applicant to reside in Slovakia until the authorities decided whether or not to issue the residence permit.

Other changes concerning holders of the ‘Slovaks living abroad’ certificate include the fact that they will no longer be required to provide proof of accommodation and a medical report confirming that they do not suffer any illness that poses a threat to public health.

If the application is filed within 60 days after the certificate of ‘Slovak living abroad’ is issued, the applicants will not be required to provide a criminal background check. The amendment also does away with the requirement of Slovaks living abroad to provide confirmation of health insurance, while the obligation to obtain health insurance during the applicant’s residency in Slovakia remains.

The amendment also extends the duration of temporary residence for such applicants from three to five years.

The new law also changes conditions for third-country nationals who apply for temporary residence for the purpose of business. Foreigners requesting renewal of their temporary residence for business will no longer be required to prove they are financially covered during their stay in Slovakia. They will also not be asked to declare their taxed income for the previous tax term. Instead, they will be required to prove the financial coverage of their business activities amounting to 10 times the monthly living wage.

In addition to these major changes, the amendment also introduces, among other things, changes concerning the verification of invitation letters, the issuing of residence permits, the institute of administrative expulsion and assisted voluntary repatriation.

Topic: Foreigners in Slovakia


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