Amendment to Reform Numerous Immigration Rules

At a Glance

The Slovak Parliament has passed an amendment effective May 1, 2018 that will create:

• A labor market test waiver for some Single Permit seekers;
• A foreign worker hiring ban for employers who have violated immigration laws;
• A requirement for Slovak companies to obtain accommodation for their sponsored posted workers and visa-exempt non-EU workers; and
• New documentary requirements for non-EU nationals moving from another EU country to provide services in Slovakia.

The situation

The Slovak Parliament passed an amendment taking effect May 1, 2018 that will amend various immigration policies.

A closer look

Key changes include the below:

• Labor market test waiver
  • Employers will still need to submit a request for vacant positions to the Ministry of Labor, but this will be approved automatically if it is on the list of positions with low regional unemployment rates. The list of eligible job positions and districts will be identified and published by the Ministry of Labour by June 30, 2018, and will be updated by January 31 of each year.  A quota limit of thirty percent of Single Permit holders of the employer’s non-EU workforce will be eligible for this waiver.
    • Impact. Employers will have less risk of local staff being selected over their preferred foreign candidate.
  • Even for those applicants for whom the employer does not need to conduct a labor market test, the employer must continue to post the vacancy with the Labor Office.  However, employers will be able to post the vacancy 20 business days before filing a Single Permit application rather than the current 30 business days.
    • Impact. Eligible foreign nationals and employers will be able to take advantage of a shorter, more streamlined vacancy reporting process.

• Blacklisting. Employers sanctioned for employing foreign workers in breach of immigration laws will not be able to sponsor work authorization applications for two years. The Labor Office will check company records when adjudicating Work Permit, Single Permit and Blue Card applications, and will not grant applications if it finds a sanction in the past two years.
  • Impact. Employers should review foreign worker records with their immigration professional to discuss possible implications of violations.

• Accommodation requirement. Slovak companies will have to obtain proof of accommodation for their sponsored posted workers and visa-exempt non-EU workers for the entire duration of the assignment.
  • Impact for employers. Sponsoring employers will need to assist affected nationals with obtaining accommodation, which may also impact the total cost of the assignment.
  • Impact for foreign nationals. Posted workers and visa-exempt workers will need to submit proof of accommodation with their application.

• New documentary requirements. Slovak companies hosting non-EU nationals from another EU country seeking to provide services in Slovakia (posted workers) must now submit the following additional documents to the Labor Office to complete Labour Office Registration (Information Card):
  • Copy of the residence authorization from the sending EU country.
  • Copy of the A1 certificate, demonstrating social security coverage in the sending EU country; and
  • Confirmation of accommodation for the entire posting period.
  • Impact. Affected nationals/employers must procure the above documents prior to the start of their posting, as Labour Office Registration must be submitted within seven days of the start date.

This alert is for informational purposes only. If you have any questions, please contact the global immigration professional with whom you work at Fragomen or send an email to [email protected].