Temporary stay for the purpose of business

Temporary stay for the purpose of business

Temporary residence for the purpose of business is governed by Act no. 48/2002 Coll. Act on the Residence of Foreigners and Amendments to Certain Acts. A temporary residence permit entitles a foreigner to stay on the territory of the Slovak Republic and to travel abroad and back to the territory of the Slovak Republic during the period for which the temporary residence permit was granted to him by the police department.

The temporary residence permit is tied to one purpose. If a foreigner intends to perform a different activity than the one for which he was granted a temporary residence permit, he must submit a new application for the granting of a temporary residence permit, unless this law provides otherwise.

A temporary residence permit for the purpose of business can be granted by the police department to a foreigner based on a business authorization issued in accordance with a special regulation or to a foreigner who acts on behalf of a commercial company or cooperative and is not in an employment relationship with this company or cooperative.

Application for a temporary residence permit

The application for the granting of a temporary residence permit is submitted by a foreigner in person abroad at the embassy accredited for the state that issued him the travel document, or at the embassy accredited for the state in which he resides, unless this law provides otherwise; if there is no such representative office, or in cases worthy of special attention, the Ministry of Foreign Affairs, in agreement with the Ministry of the Interior, designates another representative office, where the foreigner submits an application for a temporary residence permit. The authority that accepted the application will issue a confirmation of its acceptance to the applicant on the day of submission of the application.

An application for a temporary residence permit can be submitted by a foreigner in person and at the police department, if it is a foreigner for whom a visa is not required , or if it is a temporary residence of a foreigner for the purpose of employment, for which the permit is granted without taking into account the situation on the labor market , or for the residence of a foreigner according to § 21 (study), 22 (special activity - teaching, artistic, sports, internship, etc.) and § 23 par. 1 letter b), d) and f) (persons related to a foreigner with a temporary residence permit), or for the residence of the asylum seeker's spouse, or for the residence of a foreigner according to § 23a, or if it is a foreigner with a long-term residence, or if so stipulated by an international treaty. The police department will issue a confirmation of receipt to the applicant on the day the application is submitted.

Decision-making on the request for a temporary residence permit

When deciding on a request for a temporary residence permit, the police department takes into account

a) public interest, especially from a security point of view, the economic needs of the Slovak Republic, especially the contribution of a foreigner's business activity to the economy of the Slovak Republic and to public health,

b) the interests of the foreigner's minor child, the foreigner's personal and family circumstances, his financial situation and the length of his current and anticipated stay.

The police department will decide on the request for a temporary residence permit within 90 days ; in particularly complex cases, this period can be extended by a maximum of 90 days. If it is a foreigner according to § 21 (study), 22 (special activity) and § 24 par. 6 (Foreigner who represents or works for a foreign investor in the Slovak Republic, etc.), the police department will decide within 30 days from the delivery of the complete application.

Business based on trade

Every applicant for a trade license must fulfill the following requirements to carry out a trade:

  • general conditions (must always be met), namely age 18, legal capacity, integrity and
  • special conditions (must be met depending on the type of trade), namely professional competence or other competence to carry out the trade.

Types of businesses and conditions for their operation

Free trades - it is sufficient if you meet the general conditions, you do not need to prove professional or other qualifications.

Tied trade - in addition to the general conditions, you must prove professional competence, in most cases by a certificate of completion of specific education or training in the field you want to work in.

Handicrafts - in addition to the general conditions, you must prove professional competence with proof of completion of education and length of experience in the given field.

If you are a citizen of a member state of the EU/EEA/Swiss Confederation, you can also prove your professional competence by a decision on the recognition of professional experience or a decision on the recognition of a professional qualification.

Additional conditions for running a business

In addition to the above conditions, before starting a business, depending on your citizenship or whether you already have some type of residence permit in Slovakia, you must appoint a responsible representative, obtain a trade license, obtain a temporary residence permit for the purpose of doing business, and register in the commercial register.

If you are a citizen of a third country who does not have a residence permit in Slovakia, you must:

  • appoint a responsible representative,
  • obtain a trade license,
  • to obtain temporary residence for the purpose of doing business
  • register in the commercial register (entry in the commercial register is not required if you reside in an EU/OECD member state),
  • if you are a citizen of an EU/EEA/Swiss Confederation member state, you must:
  • appoint a responsible representative or register your stay in Slovakia
  • to obtain a trade license.

Administrative and court fees

  • Application for the granting of a temporary residence for the purpose of business submitted to the department of the foreign police: EUR 232.
  • Application for the granting of a temporary residence for the purpose of business submitted at a representative office abroad: EUR 240.
  • Enrollment of a natural person of an entrepreneur in the commercial register: EUR 165.50.

Business at s.r.o

A limited liability company (s.r.o.) is a company whose capital is made up of predetermined contributions from partners. The value of the company's share capital must be at least EUR 5,000. The minimum partner deposit is EUR 750.

The deposit can be monetary or non-monetary (e.g. land, technology, production equipment, etc.). Before submitting a proposal for company registration in the commercial register, each cash deposit must be repaid by at least 30% (in the case of a single founder, the share capital must be repaid in full).

However, the total value of repaid monetary deposits together with the value of transferred non-monetary deposits must be at least EUR 2,500. The partner is liable for the company's obligations up to the amount of his unpaid deposit.

Ltd. can be founded by one person and can have a maximum of 50 partners. The partner guarantees the company's obligations up to the amount of his unpaid deposit entered in the commercial register.

Establishment of s. r. about.

You establish a limited liability company by choosing a partnership agreement (if you will do business with a partner/s) or a charter (if you are the only partner), in both cases the signatures of the partners must be verified by a notary. When establishing an s.r.o., you must determine the business name of the company, the subject of activity and its registered office.

  • Obtaining a trade license
  • After establishing an s.r.o., you must subsequently obtain a trade license (just as in the case of a sole proprietorship).
  • Granting residence upon establishment of s. r. about.

If you have not yet been granted a residence permit in Slovakia, you will have to apply for a temporary residence permit for business purposes after obtaining a business license. You must submit the application on the prescribed form. You can only get temporary residence if you are the manager of a limited liability company (it is not enough to be a partner of a limited liability company).

Start of business with r. about.

Ltd. is established on the day of registration in the commercial register. After registration in the commercial register, the s.r.o. can start doing business.

Administrative and court fees

  • Application for the granting of a temporary residence for the purpose of business submitted to the department of the foreign police: EUR 232.
  • Application for the granting of a temporary residence for the purpose of business submitted at a representative office abroad: EUR 240.
  • Registration of a limited liability company in the commercial register: EUR 300.