Amendment to the Act on the Residence of Aliens No 404/2011

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Dear Clients, The Ministry of the Interior of the Slovak Republic informs about the latest changes in the Act on the Residence of Aliens No. 404/2011. More information is available via the press release below. Slovakia aligns legislation with Directive (EU) 2021/1883 of the European Parliament and of the Council of 20 October 2021 on the conditions of entry and residence of third-country nationals for the purposes of highly qualified employment. Proposal amendments to Act No. 404/2011 Coll. on the residence of foreigners on Wednesday, 27 March 2024, the Minister of the Interior Matúš Šutaj Eštok submitted to the Cabinet meeting A first-class university degree will be sufficient for the performance of skilled employment, for selected ICT jobs, higher vocational skills demonstrated by work experience in a highly skilled occupation will be sufficient. The period covered by the the confirmation of the possibility of filling a vacancy corresponding to a highly skilled job is extended from 4 to 5 years. The Blue Card of the European Union is a temporary residence permitting a third-country national to enter, reside, work in the territory of the Slovak Republic for the purpose of highly qualified employment, to leave the territory of the Slovak Republic and to re-enter the territory of the Slovak Republic for the period for which it was issued to him/her. The following are also extended  definitions of situations in which a third-country national may be refused entry to or residence on the territory of the Slovak Republic. In this context, cases where a third-country national returns or does not return to his/her home country or to another Member State after an administrative expulsion decision has been issued are explicitly mentioned. For example, where the identity of the irregular migrant cannot be clearly established. In the context of addressing irregular migration, it is proposed to introduce the following in the context of the surrender of an alien authorisation of a police officer to search a telephone, telecommunications, audiovisual or similar equipment or electronic mediumcarried by the alien in order to establish his identity and nationality as quickly as possible. The amendment also:
  • establishes the jurisdiction of the Ministry of the Interior to recognize travel documents of other countries of the world,
  • obliges third-country nationals to prove also when leaving the territory of the Slovak Republic a valid travel document, just like when entering our territory,
  • suggest new grounds for not granting a national visa,
  • introduces the possibility to apply for a national visa also through an external service provider. 
The proposed changes are part of a wider effort to update and streamline the migration and visa policy of the Slovak Republic. The aim is to improve control over migration and at the same time Facilitate processes for legal migrants and visitors from third countries.
The government approved changes to the law on the residence of foreigners

Amendment to the Act on the Residence of Aliens No 404/2011

Dear clients, 
The Ministry of the Interior of the Slovak Republic informs about recent changes in the Act on the Residence of Aliens No. 404/2011. More information is available via the press release below.

Slovakia aligns legislation with Directive (EU) 2021/1883 of the European Parliament and of the Council of 20 October 2021 on the conditions of entry and residence of third-country nationals for the purposes of highly qualified employment. Proposal amendments to Act No. 404/2011 Coll. on the residence of foreigners on Wednesday, 27 March 2024, the Minister of the Interior Matúš Šutaj Eštok submitted to the Cabinet meeting

A first-class university degree will be sufficient for the performance of skilled employment, for selected ICT jobs, higher vocational skills demonstrated by work experience in a highly skilled occupation will be sufficient.

The period for which it is issued the confirmation of the possibility of filling a vacancy corresponding to a highly skilled job is extended from 4 to 5 years

The Blue Card of the European Union is a temporary residence permitting a third-country national to enter, reside, work in the territory of the Slovak Republic for the purpose of highly qualified employment, to leave the territory of the Slovak Republic and to re-enter the territory of the Slovak Republic for the period for which it was issued to him/her.

They are also expanding  definitions of situations in which a third-country national may be refused entry to or residence on the territory of the Slovak Republic.
In this context, cases where a third-country national returns or does not return to his/her home country or to another Member State after an administrative expulsion decision has been issued are explicitly mentioned. For example, where the identity of the irregular migrant cannot be clearly established. 

In the context of tackling illegal migration, it is proposed to introduce the following in the case of the surrender of an alien authorisation of a police officer to search a telephone, telecommunications, audiovisual or similar equipment or electronic mediumcarried by the alien in order to establish his identity and nationality as quickly as possible.

The amendment also:

  • establishes the jurisdiction of the Ministry of the Interior to recognize travel documents of other countries of the world,
  • obliges third-country nationals to prove also when leaving the territory of the Slovak Republic a valid travel document, just like when entering our territory,
  • suggest new grounds for not granting a national visa,
  • introduces the possibility to apply for a national visa also through an external service provider.

The proposed changes are part of a wider effort to update and streamline the migration and visa policy of the Slovak Republic. The aim is to improve control over migration and at the same time Facilitate processes for legal migrants and visitors from third countries.

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