News of the legal act of aliens

On March 13, 2018, the National Council of the SR approved the amendment to Act no. 404/2011 on the residence of aliens. The amended law transposes the Directive 2016/801 of  the European Parliament into the legal order of the Slovak Republic on the conditions of entry and residence of third-country nationals for the purposes of research, study, vocational training, volunteering, exchange programs for pupils or educational projects and aupair activities.

The Directive extends the scope of the EU rules, as until now the rules of admission have only been compulsory for students and researchers, and are optional for pupils, unpaid trainees and volunteers. The Directive lays down the conditions for entry and stay for more than 90 days in the territory of the Member States as well as admission procedures, equal treatment, student access to the labor market during study, mobility within the EU as well as procedural safeguards.

In order to make the European Union more attractive for university students, researchers and their family members, mobility rules are laid down and the administrative burden associated with them is reduced. In practice, this means that these categories of aliens will not be required to have a temporary stay in our territory within one year of the start of their stay if the stay was granted by another Member State as the first

The Directive introduces the possibility of staying nine months in the territory of a Member State for the purpose of employment or commencement of business for students who have completed their studies in a Member State and for researchers after leaving the Member State. Slovakia can thus get a skilled workforce.

The application practice of the Act on the Stay of Aliens also required an amendment to Act no. 483/2001 on banks. The only proposed change is the obligation of the bank to provide the border police and foreign police services of the Police Corps with information to the extent necessary for the purpose of checking the level of financial security of the stay or the amount of financial security of business activity in the procedure of staying aliens in the territory of the Slovak Republic. The check-up will only be possible in the procedure of granting a residence, resuming a stay or canceling a stay, not at any time during the stay. The reason for the proposed change is, in particular, the fact that the granting of most of the types of stays prescribed by the Aliens Residence Act is tied to some form of financial security. Given that the financial security of the residence, respectively the financial security of business is a legal condition for the granting of residence, it is necessary that there is a real possibility of reviewing its fulfillment. Given the attractiveness of a legitimate stay in the territory of any Schengen Member State, there is a high risk of attempting to abuse it.

resource: minv