An employer may only employ a third-country national who:
A national of a third country according to letter a) to e) can only be employed in an employment relationship!
Employment of a third-country national with confirmation of the possibility of filling a VPM corresponding to a highly qualified job (for blue card application)
The Blue Card is a type of temporary residence that is issued to nationals of third countries for the purpose of highly qualified employment. The basic condition for obtaining it is a higher professional qualification in the form of a university education. The blue card entitles you to enter, stay, work on the territory of the Slovak Republic, travel abroad and back. The basic condition for obtaining it is a higher professional qualification in the form of a university education, a salary in the amount of at least 1.5 times the salary in the national economy of the Slovak Republic in the relevant sector and an employment contract for at least 1 year.
The blue card is issued for 4 years or, if the duration of the employment relationship is shorter than 4 years, for the duration of the employment relationship extended by 90 days. At least 15 working days before applying for a blue card, it is necessary for the future employer to report a job vacancy to the Center for Labour, Social Affairs and Family of the Slovak Republic. Some groups of applicants cannot obtain a blue card, in particular asylum seekers, persons granted asylum or granted supplementary protection, persons granted temporary residence for the purpose of seasonal employment or for the purpose of research and development, persons with the right of residence or the right of permanent residence as family members of citizens EU or persons with tolerated stay.
One of the obstacles why employers do not employ blue card holders is the need to go through the process of recognition of the educational document, which is a rather complicated and lengthy process. Employment of a national of 3 countries who has been granted temporary residence for the purpose of employment on the basis of a confirmation of the possibility of filling a vacant position.
Employment of a national of a third country with a confirmation of the possibility of filling a VPM (vacant position) is the most used form of access to the Slovak labor market. A national of a third country who wants to work on the territory of the Slovak Republic and in this case must apply for temporary residence for the purpose of employment on the basis of a confirmation of the possibility of filling a vacant job (VPM).
A national of a third country will not apply separately for an employment permit and subsequently for temporary residence, but will apply for temporary residence for the purpose of employment in one procedure based on a confirmation of the possibility of filling a vacant position, while UPSVAR will take into account the situation on the labor market , with certain exceptions.
UPSVAR will not take into account the situation on the labor market and will not consider the possibility of filling VPM in the case of seasonal work up to 90 days, employment in a profession in short supply in the relevant district up to 30% of employed nationals of third countries, including temporarily assigned, from the total number of employees of the employer; intra-company transfer; employment and temporary assignment of a national of a third country ADZ to the user employer in a deficient profession in the relevant district, as long as the number of nationals of a third country employed by the user employer, including temporarily assigned, did not exceed 30% of the total number of employees; employment of a national of a third country who carries out continuous educational or scientific activity in the Slovak Republic as a pedagogical employee, university teacher, researcher or artistic worker of a university.
Temporary residence for the purpose of employment is granted for the period of employment, for a maximum of 2 years, in the case of seasonal employment, a maximum of 180 days. Temporary residence granted to a national of a third country can be extended by submitting an application for renewal of temporary residence for the purpose of employment, which does not apply in the case of seasonal employment, the duration of which may not exceed 180 days.
Does the process seem too complicated and you don't know which category you fall into? Leave it to our specialists - lawyers dedicated to this agenda for several years. We will thoroughly examine which category your employees belong to, and then choose the most vital procedure for employing a national from 3rd countries.
An employment permit is required in the case of employment of a national of a third country if:
a) will be employed for the purpose of seasonal employment for no more than 90 days during 12 consecutive months,
b) will be employed as a seaman on a ship registered in the Slovak Republic or on a ship sailing under the flag of the Slovak Republic,
c) has been granted temporary residence for the purpose of family reunification, in the period up to the expiration of 9 months from the granting of temporary residence for the purpose of family reunification,
d) has been granted temporary residence of a national of a third country who has been granted the status of a person with a long-term residence in a member state of the European Union, unless a special regulation provides otherwise,22da) in the period up to the expiration of 12 months from the beginning of the stay in the territory of the Slovak Republic,
e) if it is provided for by an international agreement to which the Slovak Republic is bound (e.g. an intra-company transfer within the meaning of the WTO Agreement for a maximum duration of 90 days)
Employment of a national of a third country, for whom an employment permit or confirmation of the possibility of filling a VPM is not required
An employment permit or confirmation of the possibility of filling a VPM is not required for a national of a third country:
a) who has been granted permanent residence in the territory of the Slovak Republic,
b) who has been granted the temporary residence of a national of a third country, who has been granted the status of a person with a long-term residence in a member state of the European Union,23a) after the expiration of 12 months from the beginning of the stay in the territory of the Slovak Republic,
c) who has been granted temporary residence for the purpose of family reunification,
after the expiration of 9 months of continuous residence in the territory of the Slovak Republic from the granting of temporary residence for the purpose of family reunification,
d) who is a family member of a citizen of a member state of the European Union or a family member of a citizen of the Slovak Republic and who has an authorized residence in the territory of the Slovak Republic,
e) who has been granted a temporary residence permit for the purpose of study, except for a language school student, and the performance of his work does not exceed 10 hours per week for all employers, or 20 hours per week if he is a university student, or the corresponding number of days or months per year,
f) who has been granted temporary residence for the purpose of research and development24a) a
g) who has been granted the temporary residence of a national of a third country, who has the status of Slovak living abroad, 24c)
h) who is an applicant for the granting of asylum and is allowed to enter the labor market by a special regulation,25)
i) who was granted asylum,
j) who was granted supplementary protection,
k) to whom temporary refuge was provided,26)
l) if the duration of his employment relationship or posting to perform work does not exceed a total of 30 days in a calendar year and which is
m) who ensures the supply of goods or services on the basis of a commercial contract and supplies these goods or carries out assembly, warranty and repair work, work related to setting up production equipment systems, programming work or professional training, if the duration of his dispatch to perform the work does not exceed a total of 90 days in a calendar year,
n) who is accepted into an employment relationship on the basis of an international agreement to which the Slovak Republic is bound and which stipulates that an employment permit is not required to accept a national of a third country into an employment relationship,27)
o) who is a family member of a member of a diplomatic mission, an employee of a consular office or an employee of an international governmental organization based in the territory of the Slovak Republic, if an international agreement concluded on behalf of the government of the Slovak Republic guarantees reciprocity,
p) who is a member of the rescue unit and provides assistance on the basis of the interstate agreement on mutual assistance in eliminating the consequences of accidents and natural disasters and in cases of humanitarian aid,
r) who is a member of the armed forces or the civilian component of the armed forces of the sending state,28)
s) who carries out professional practice or professional training according to special regulations28a) in schools or school facilities,
t) who successfully graduated from high school or university in the territory of the Slovak Republic,
u) who will be employed for a specified period for the purpose of his training, for a maximum of eight consecutive weeks in a calendar year, if it concerns employment with a labor shortage in the region according to § 12 letter and ae), and who has submitted an application for the granting of temporary residence for the purpose of employment, together with all the requirements pursuant to § 32 of Act no. 404/2011 Coll. on the residence of foreigners, as amended, for the same job,
v) who has not reached the age of 26 and who will be employed in occasional and time-limited jobs as part of an exchange between schools or as part of youth programs or education programs in which the Slovak Republic participates,
w) sent by an employer based in a member state of the European Union as part of the provision of services provided by this employer,
x) who is a partner of a commercial company, a statutory body of a commercial company or a member of a statutory body of a commercial company who fulfills tasks for a commercial company to which investment aid was provided,28b) by carrying out activities, during the period for which the decision to approve the investment help
y) who, for a commercial company that has been granted investment aid, ensures the supply of goods or services on the basis of a commercial contract and supplies these goods or carries out assembly, warranty and repair work, work related to setting up production equipment systems, programming work or professional training, and during the period for which the decision to approve the investment aid was issued,
z) who is employed in international public transport, if he is sent to perform work by his foreign employer,
aa) who performs activities for a legal entity to which a certificate of significant investment was issued,28c) and who
and ab) who is accredited in the area of communication media,
and ac) whose tolerated stay was extended due to the fact that he is a victim of human trafficking, 28d)
and d) who was granted a tolerated stay due to respect for his private and family life, 28e)
and ae) who was granted a tolerated stay due to illegal employment under particularly exploitative working conditions, if his presence is necessary for the purposes of criminal proceedings, 28f)
and f) who performs clerical work on behalf of a registered church or religious society,
ag) who has been granted a national visa28g) a,
ah) who temporarily works for him on the basis of mobility28h)
ai) whose work performance for all employers does not exceed 20 hours per week or the corresponding number of days or months per year, if it is a university student staying in the territory of the Slovak Republic on the basis of mobility, 28h)
aj) who provides professional training for the corporate services center28i) if the duration of his employment relationship with the strategic services center does not exceed a total of 90 days in a calendar year.
if) who submitted an application for the renewal of temporary residence, which entitles the employer to employ a national of a third country, with sufficient time before the expiration of the validity of this temporary residence, namely in the period from the expiration of the validity of this temporary residence until the legal end of the procedure for the renewal of temporary residence; Sufficient lead time means a period corresponding to at least the length of the deadline for a decision on an application for renewal of temporary residence according to a special regulation. 28j)
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