Immigration Reforms Feature Tightened Requirements, Procedural Changes

The implementation of Slovakia’s immigration reform on January 1, 2014 has significantly changed the work permit categories for intracompany transferees and local hires.

Intracompany transferees and secondees are subject to tightened requirements — such as a legalized degree — and a more onerous filing process involving a personal meeting with the Labor Office. Employees under a work contract with a Slovak company must apply for a unified work and residence permit. This category also faces stricter local advertisement prerequisites and the requirement to present a legalized degree.

Intracompany Transferees and Secondees

A representative from the local company must now appear at the Labor Office to present information related to new hires, new positions and the duration of the proposed assignment and to obtain the Labor Office’s preliminary approval. With the pre-approval, processing times are expected to decrease to one to five calendar days, improved from the previous 15 calendar days. A company representative must appear at the Labor Office for the renewal application if this meeting did not occur as part of the first filing.

Work permits under this category may no longer be renewed beyond four years, whereas indefinite renewals were permitted before.

Notarized copies of the employee’s degree may no longer be presented for first-time and renewal applications. The original document or a certified copy now must be legalized and translated into Slovak.
 
Employees Under Local Work Contracts

Slovakia has implemented a single combined work and residence permit for locally hired employees, as mandated by a European Union directive. The Labor Office has expanded discretion granted by the new legislation to offer an advertised position to a local candidate who does not meet all requirements specified in the job posting. The broadened discretion, which results from the immigration reform, will allow the government to carry out an initiative to make more positions available to Slovak nationals.

Employers must still advertise the position to local candidates through a “Notification of the Vacant Position” submitted to the Labor Office. This notification must remain active with the Labor Office for 30 business days, up from the previous 15 calendar days.

Incomplete single permit applications may be submitted but will extend the overall processing time beyond the standard 90 calendar days. As with intracompany transferees, the employee’s degree must now be legalized and translated into Slovak.

The processing time for the unified procedure for first-time applications and renewals is expected to match the previous time frame of four and a half months.

In addition, the Notification of the Vacant Position must be filed with the Labor Office 45 calendar days before a renewal application may be lodged.

What This Means for Employers

Employers should allow more lead time to obtain the degree legalization. In addition, a renewal application for a locally-hired employee should be submitted at least four to five months before the expiry of the individual’s current permit.

Intracompany transferees will be limited to assignments of four years or less, and locally hired employees may face more overall scrutiny of their applications due to the government’s heightened focus on making more positions available to Slovak nationals.

This alert is for informational purposes only. If you have any questions, please do not hesitate to contact the global immigration professional with whom you work at Fragomen or send an email to [email protected].