How to get temporary residence for executive director in Slovakia?

Temporary residence permit may be granted to an executive of a commercial company for the foreseen duration of business in maximum period of 3 years.

Where to apply for temporary residence permit for executive director?

• At the diplomatic mission of the SR accredited to the country of the applicant’s citizenship; or 
• at diplomatic mission of the SR accredited to the country of the applicant’s residence;
• at the Foreign Police Department competent for the applicant’s place of the residence, if he resides in Slovakia based on a valid residence permit issued by Slovakia or another EU Member State, a granted tolerated residence, a granted national visa, if he/she does not need a visa to enter the Schengen Area, or if he holds a Certificate of a Slovak Living Abroad.

When submitting the application at the diplomatic mission, the applicant will be interviewed for the purpose of a preliminary assessment of the application.

How to apply for temporary residence permit for executive director?

The application must be submitted in person on the official form and in the Slovak language.

The application shall be accompanied with following documents:

1. Valid passport;

2. Two colour photographs (3 × 3.5 cm);

3. business plan – a business plan for the implementation of an innovative project, or a document confirming the authorization to do business, e. g.: Memorandum of association on founding of the company or Minutes from general assembly in which the applicant is appointed as the executive director.

4. Criminal record extract from the country of the applicant’s citizenship and the countries where the applicant resided for more than 90 days during 6 consecutive months in the last 3 years;

5. Document proving accommodation in Slovakia for a minimum period of 6 months, or for the entire stay if applying for a temporary residence for a shorter time (e. g. notarized affidavit on the ownership of a property; or Notarized lease contract – signatures of both the lessor and the lessee must be notarized; or Notarized affidavit of the property owner on the provision of accommodation – signatures of all property owners must be notarized; Confirmation from an accommodation facility (hotel, dormitory) on the provision of accommodation.

6. Document proving financial coverage of residence in the amount of subsistence minimum for each month of residence (the subsistence minimum represents EUR 268,88/month); if the duration of residence exceeds 1 year, in the amount of 12-times the subsistence minimum (i.e. EUR 3.226,56- EUR); account balance confirmation in the name of the applicant from a bank in Slovakia, or by a bank account statement for the last three months in the case the applicant´s personal account is in a foreign bank;

7. Document proving financial coverage of business activity; it is documented by a business account balance confirmation from a bank in Slovakia, or by a bank account statement for the last three months, in the case of having an account in a foreign bank: In the amount of 100-times the subsistence minimum (26.888,- EUR); or In the amount of 40-times the subsistence minimum (10.755,20- EUR), providing applicant submitting a business plan for implementation of an innovative project;

8. Document on feasibility and sustainability of the business activity, if the applicant documents the purpose of residence by submitting a business plan;

9. Administrative fees in amount of EUR 232,- EUR (if submitting the application at the Foreign Police Department)/EUR 240 (if submitting the application at the diplomatic mission of the SR abroad);Administrative fee EUR 4.50 (for issuing a residence card).

Does application for residence permit for executive director entitles me to stay in Slovakia ?

Submitting an application for a temporary residence does not entitle the applicant to reside in Slovakia. Until the temporary residence is granted, the applicant is entitled to stay in Slovakia only during the validity of a visa, another residence permit, or within the visa-free regime.

How old may be documents submitted with the application ?

The documents must not be older than 90 days at the time of submitting the application.

Should the document submitted with the application be notarized ?

All documents issued abroad must be officially authenticated (apostille/consular legalization) and translated to Slovak by a certified translator included in the List of Experts, Interpreters and Translators registered with the Ministry of Justice of the Slovak Republic

Signatures in affidavits, powers of attorney and lease contracts must be notarized. Copies of documents must be notarized.

How long takes the process until decision ?

The authorities will issue a decision within 90 days from the date of delivery of a complete application. Exceptionally the authorities will issue a decision within 90 days from the date of delivery of a complete application providing the fact there is an executive director representing a significant foreign investor; or who is a citizen of an OECD Member Sate representing a foreign investor in Slovakia; or representing an enterprise services centre or a technology centre; or applying for a temporary residence based on a business plan for the implementation of an innovative project and who submitted his/her residence application at the diplomatic mission or at the Foreign Police department based on a granted national visa.

What are you duties after getting the temporary residence permit for executive director ?

Executive director shall enter Slovakia within 180 days from being granted residence permit.

He is obliged to report the beginning of his stay at the Foreign Police within 3 working days from entering Slovakia.

Executive director shall sign up for health insurance within 3 working days from receiving the residence card and submit a document on health insurance to the Foreign Police within 30 days from receiving the residence card.

Executive director shall submit a medical report not older than 30 days confirming that he does not suffer from a disease endangering public health to the Foreign Police within 30 days from receiving the residence card.

Should the residence permit stay valid, executive director shall stay in the territory of Slovakia for more than half of the duration of the granted temporary residence in a calendar year.

Can a residence permit be prolonged or renewed?

         Temporary residence permit may be renewed, even repeatedly. Temporary residence permit for  the purpose of business may be renewed for a maximum period of 3 years. Application for a residence renewal must be submitted in person at the competent Foreign Police Department no later than on the last day of one’s temporary residence validity. It is required that the applicant still performs business (that the purpose for which the temporary residence was granted still exists). The application for the renewal of a temporary residence must be accompanied by a valid travel document, otherwise, the police officer cannot accept the application. The temporary residence is considered legal (only) in the territory of Slovakia until the decision on its renewal. The application must be submitted together with:

1. Valid passport;

2. One colour photograph (3 × 3.5 cm);

3. Document on accommodation in Slovakia;

4. Document on health insurance;

5. Document on financial coverage of residence;

6. Document on a taxed profit of the commercial company on behalf of which the applicant acts for the previous fiscal year at least in the amount of 60-times the subsistence minimum, i. e. 16.132,80- EUR or at least in the amount of 20-times the subsistence minimum in the case of an innovative project, i.e. EUR 5.377,60- EUR. If the applicant did not do business throughout the entire previous fiscal year, he must document a taxed profit in the amount of 5-times the subsistence minimum, i. e. EUR 1.344,40- EUR for every month of residence in the previous fiscal year; If the applicant has not yet been authorized to act on behalf of the commercial company in the previous fiscal year, he must submit a document on financial coverage of the business activities in the amount of 30-times the subsistence minimum, i. e. EUR 8.066,40 (proven by a bank account balance confirmation).

7. Documents on feasibility and sustainability of the business activity if the commercial company which the applicant acts on behalf of did not attain profit in the amount stated in point 6; Together with the renewal application, an affidavit confirming this fact must be submitted.

What can we do for you ?

• assistance and preparation of application for residence permit for executive director
• preparation of all necessary documents, consultancy and information
• preparation of contract between company and executive director
• preparation of business plan
• preparation of affidavits or lease contract executive director
• personal representation in procedure and accompanying during interview at alien police
• preparation of memorandum of association or decision of the only shareholder or minutes from general assembly appointing the executive director

Why use a lawyer ?

There are usual mistakes when submitting an application, namely incomplete documentation, faulty, incorrectly verified documents, officially incorrectly translated documents into Slovak language, communication with authorities, because of language barrier. We are ready to assist you and accompany you throughout the process until successful ending.

Do not hesitate to contact us via phone number +421 915 980 808 or e-mail: kornhauser@ak-ak.sk.

This article is no legal service. Each legal advice must be always considered legally and factually individually.