Slovakia: New Immigration Law Implemented Affecting EU and Non-EU Nationals

January 25, 2023

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Country / Territory

At a Glance

  • As of January 1, 2023, a new law has gone into effect in Slovakia affecting immigration processes for both European Union and non-EU nationals.
  • Major changes include expanding the categories of workers who are exempt from labor market testing; requiring information card notifications to be submitted to the Labor Office for certain EU nationals; allowing non-EU nationals on Single Permits to remain employed while their renewal application is pending; and shortening the period where non-EU nationals holding Residence Permits for Family Reunification require an additional work permit.
  • These changes are intended to create a more streamlined immigration process and allow for employers to retain the necessary required talent for their businesses to grow.

The situation

As of January 1, 2023, a new immigration law has gone into effect amending several employment conditions for foreign nationals.

The following changes have gone into effect:

CHANGE DETAILS IMPACT
Expanded labor market testing exemptions when obtaining work authorization
    • The following worker categories are no longer required to complete labor market testing to obtain work authorization:
      • Third-country nationals who are performing educational or scientific activities as a pedagogical employee, university teacher, researcher or artistic employee of a university, research employee or development employee in research activity;
      • Third-country national employees of employers whose employee base is made up of less than 30% of third-country nationals (applicable solely for shortage professions); and
      • Non-EU nationals applying for Single Permit renewals or Blue Card renewals who are not changing their job positions.
    • Previously, labor market testing was required for these categories.
    • The removal of the labor market testing step will allow for earlier employee start dates as the process to obtain work authorization will be shorter, which is critical due to ongoing labor shortages.
Information cards for EU nationals
    • Employers must submit information cards for EU nationals working in Slovakia on assignment or secondment.
    • The cards must be submitted in person or by registered mail to the Labor Office within seven calendar days of the start and termination dates.
    • Previously, this practice was only recommended by the Labor Office, not required.
    • The Labor Office is becoming stricter in enforcing existing administrative requirements. Employers should work with their immigration professional to comply with the enhanced rules.
Non-EU Single Permits renewals
    • Non-EU national Single Permit renewal applicants can remain employed under an expired Single Permit until a decision is made on their renewal application, as long as the renewal application is submitted at least 90 days before expiry (in most cases).
    • Previously, non-EU nationals were only authorized to work until the expiry of their current permit.
    • Affected workers will no longer have to be taken off payroll and can continue to work if their Single Permit expires while their renewal is being processed.
    • Employers should ensure that Single Permit renewal applications are submitted prior to the 90-day cutoff to qualify for this benefit.
Shorter additional work permit requirement for non-EU nationals holding Residence Permits for Family Reunification Purposes
    • Non-EU nationals holding Residence Permits for Family Reunification purposes (i.e., family members of main applicants), seeking to work in Slovakia are only required to apply for a work permit for the first nine months of their residence. After nine months, they do not require a work permit. Previously, these individuals were required to hold a work permit for the first 12 months of residence.
    • Affected individuals will not require a work permit after nine months, allowing them greater access to the local labor market.

 

The Slovak government has taken initiative to combat labor shortages within the past year, including simplifying visa processes for third-country nationals in managerial positions.

It is likely that further changes to Slovakia’s immigration system will be forthcoming and will continue to welcome foreign nationals in shortage occupations who use their skills to contribute to the growth of the Slovak economy.

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].

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