If a foreigner wants to be self-employed in Slovakia, one of the conditions is to obtain a temporary residence for business purposes, if he does not have a permanent residence there.
The procedure for starting a foreigner’s business depending on the type of his stay in Slovakia
In the article Foreigner (foreign person) and running business in Slovakia, you could read that if a foreigner wants to do business in Slovakia, he can choose whether to do business as a natural person (for example, a self-employed person) or as a legal entity (for example, s.r.o.) You could also read about how to start a business in both forms of business. We mentioned that if a foreigner wants to be self-employed in Slovakia as a natural person, the method of obtaining a trade license certificate depends mainly on the type of his stay in Slovakia. You can also find a simplified summary of this in the table below.
|Type of stay of an foreigner||Procedure for starting a self-employment|
|a citizen of a Member State of the European Union or an OECD Member State||obtaining a self-employment license certificate|
|third-country national and has a permanent residence in Slovakia||obtaining a self-employment license certificate|
|a third-country national and has a temporary residence permit in Slovakia||obtaining a certificate of trade license, entry in the Commercial Register|
|a third-country national and has neither permanent nor temporary residence in Slovakia||appointment of a responsible representative, obtaining a certificate of trade license, obtaining permanent or temporary residence enabling business, registration in the Commercial Register|
Therefore, if the foreigner is not a citizen of a member state of the European Union or a citizen of a member state of the Organization for Economic Co-operation and Development (OECD) and wants to operate a business in Slovakia, he must obtain a permanent or at least temporary residence to do business. The easiest way is to obtain a temporary residence for business purposes and the whole process of its equipment is devoted to this article.
Accepted types of temporary stay of foreigners for business purposes
If a foreigner has a permanent residence in Slovakia, he can do business here without further conditions, because he is considered to be a Slovak person. However, if the foreigner does not have a permanent residence in Slovakia, the only way he can do business in Slovakia is to obtain at least a temporary residence in Slovakia, which allows him to do business in Slovakia. Obtaining a temporary stay of foreigners in Slovakia is regulated in Act no. 404/2011 Coll. on the Residence of Foreigners, as amended (hereinafter referred to as the “Act on the Residence of Aliens”). A citizen of a Member State of the European Union or an OECD Member State is not required to obtain permanent or temporary residence for business purposes.
The Act on the Residence of Foreigners (Foreign Persons) states that obtaining a temporary residence of a third-country national in Slovakia is tied to a specific one purpose. When changing the purpose of the temporary stay, it is necessary to submit a new application for a temporary stay. One of the purposes of granting temporary residence is business. Temporary residence for business purposes is granted to a third-country national who does business or will do business in the territory of the Slovak Republic as a natural person (self-employed or other self-employed person), or acts or will act on behalf of a company or cooperative and is not in employment law. relationship. Temporary residence for the purpose of business is granted for the expected period of business, but for a maximum of three years, after which it can be renewed for a maximum of another three years.
In addition to a temporary stay for business purposes, it is possible to do business in Slovakia even if you have been granted a temporary stay for the purpose of study, temporary stay for the purpose of research and development, temporary stay for the purpose of family reunification or you are a third country national who has the status of a Slovak living abroad.
TIP: Do you want to obtain special permits, licenses or registrations? Find out about permitting, licensing and registration services for your business.
Obtaining a temporary stay of a foreigner in Slovakia for business purposes
An application for temporary residence for business purposes is submitted by a foreigner abroad at the embassy of the Slovak Republic in the state (embassy of the Slovak Republic abroad) that issued him / her a travel document (passport) or in which he / she resides. Otherwise at the embassy designated by the Ministry of Foreign Affairs and European Affairs of the Slovak Republic in agreement with the Ministry of the Interior of the Slovak Republic. A foreigner who is lawful in Slovakia may also apply for a temporary residence permit at the Border and Foreigner Police Department competent according to his / her place of residence in Slovakia. A decision on granting a temporary residence will be made within 90 days of submission.
The application for a temporary residence permit for business purposes is submitted on an official form determined by the Ministry of the Interior of the Slovak Republic. An administrative fee of EUR 232 is payable for granting a temporary residence permit for business purposes. The application shall also be accompanied by two photographs measuring 3 x 3.5 cm, a valid travel document and documents not older than 90 days confirming:
- purpose of stay,
- financial security of the stay,
- financial security of business activity,
- provision of accommodation.
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Documents submitted for the purpose of obtaining temporary residence for business purposes
The document confirming the purpose of the stay is, in the case of a temporary stay for business purposes:
- business plan in the form of an application for a contribution for self-employment according to Act no. 5/2004 Coll. on employment services, as amended, or
- a trade license certificate or other document confirming the business license.
The proof of integrity is:
• an extract from the criminal record of the country of which the applicant is a national and of the country in which the applicant has resided for more than 90 days in the last three years for six consecutive months, or
• if such an extract is not issued in that State, it may be replaced by an equivalent document issued by the competent judicial or administrative authority of the country of origin or by a solemn declaration made by the applicant before the competent judicial or administrative authority or by a notary of the country of origin or residence.
In the event of a temporary stay for business purposes, the document confirming the financial security of the stay is a confirmation of the balance on the account kept in the bank in the name of the applicant. The balance on the account must be in the amount of the valid subsistence minimum for each month of stay (if the length of stay is more than one year, in the amount of twelve times the valid subsistence minimum).
The document confirming the financial security of the business activity is a confirmation of the balance on the account kept in the bank established for business purposes in the amount of twenty times the subsistence minimum (it must be an account other than the account proving the financial security of the stay).
The document confirming securing the accommodation must prove that the applicant has secured accommodation for at least six months of temporary stay (if he applies for a shorter temporary stay, then during the entire temporary stay) and it can be:
- a title deed or an extract from the title deed from the real estate cadastre issued in the name of the applicant,
- a lease agreement with the owner or user of the property and an extract from the title deed or other document proving the right to use the property,
- confirmation of the accommodation (for example, a hotel or hostel) that the accommodation has been provided; or
- a solemn declaration of a natural person or legal entity on the provision of accommodation to the applicant in Slovakia and an extract from the title deed or a document proving the right to use the property.
Qualitative requirements for documents submitted for obtaining a temporary residence permit
All documents issued in a foreign language submitted in the procedure for granting temporary residence for business purposes must be submitted in an official translation into Slovak in the original or in a certified copy. Official translation from a foreign language into Slovak can only be performed by a person registered in the list of experts, interpreters and translators, which is available on the website of the Ministry of Justice of the Slovak Republic. All signatures on affidavits, authorizations and leases must be officially certified (by a notary or an employee of a municipal or municipal office).
The authenticity of documents issued by the authorities of other states must be verified by a higher verification clause, ie by apostille or consular superlegalization. Apostille is a simpler form of verification used by States Parties to the Hague Convention on the Abolition of the Requirement of Higher Verification of Foreign Authentic Instruments. The certificate is issued by the competent ministry in the state in which the document was issued and is provided with an “apostille” (certificate). Consular superlegalisation is a more complex form of verification used for documents from states that are not a party to the above-mentioned apostille convention. The procedure is such that the document is first verified by the relevant ministry of the state in which the document was issued and subsequently by the embassy of the Slovak Republic in the given state. It is not necessary to verify any documents for countries that have a legal aid agreement with Slovakia.
Obligations of a foreigner after granting a temporary stay for business purposes
The Act on the Residence of Foreigners imposes the following obligations on an foreigner after a temporary residence permit has been granted for business purposes:
- to enter the territory of the Slovak Republic within 180 days from the date of granting temporary residence,
- report the start of the stay to the Border and Foreigner Police Department within three working days,
- take out health insurance no later than three working days after taking over the temporary residence permit,
- hand over a document confirming health insurance to the Border and Foreigner Police Department within 30 days of receiving the temporary residence permit,
- submit to the Border and Foreigners Police Department, within 30 days of receiving the temporary residence permit, a medical certificate confirming that he or she does not suffer from a disease which endangers public health,
- to hand over an extract from the commercial register of a natural person – entrepreneur to the Border and Foreigner Police Department within 60 days of receiving the temporary residence permit.