SLOVAKIA: Amendments to Immigration Law Include New EU Intra-Corporate Transfer Permit

Amendments to Slovakia’s Act on Residence of Foreigners and Act on Employment Services took effect on 1st May 2017, introducing the new EU ICT permit, as well as expedited work and residence permit processing for non-EU national employees of innovative businesses.

Intra-Company Transfer (ICT) Permit

The amendments to the immigration laws transpose European Union Directive 2014/66/EU “on the conditions of entry and residence of third-country nationals in the framework of an intra-corporate transfer”.

Non-EU national managers and specialists can obtain an ICT work and residence permit valid for up to three years (up to one year for trainees).

A holder of an ICT permit issued in Slovakia will be able to work in another EU member state for a company of the same group, for up to 90 days in a 180-day period, without obtaining a separate permit in that country. For stays of more than 90 days, a “mobile ICT permit” for that country may be required.

A holder of an ICT permit issued in another EU member state will be able to work at a company of the same group in Slovakia for up to 90 days without obtaining a separate permit.

Background

Directive 2014/66/EU of 15th May 2014 “on the conditions of entry and residence of third-country nationals in the framework of an intra-corporate transfer” aims to create a consistent EU-wide system for non-EU nationals sent on assignment within a group of companies to EU Member States.

The deadline for EU Member States to transpose this directive into their national legislation was 29th November 2016. However, only about half of the EU member states have implemented the ICT directive so far. The United Kingdom, Ireland and Denmark have opted out of the directive. Please see our previous alerts on ItalyNetherlandsBulgaria and Spain.

Expedited Processing for Innovative Businesses

The amendments introduce fast-track processing of applications for work and residence permits for non-EU national employees of businesses deemed innovative by the Slovakian Economy Ministry. Decisions will be issued within 30 days, instead of the standard 90 days.

In addition, for these innovative businesses, the proof of funds requirement has been reduced to 40 times the minimum salary, rather than the standard 100 times the minimum salary; and the after-tax profits of the company required for renewal of a work and residence permit is reduced from 60 to only 20 times the minimum salary.

Our advice

Employers of non-EU nationals assigned to work at a related company or an innovative company in Slovakia should consult an immigration expert to confirm the latest requirements.

For advice and information on Slovakian immigration, please email us at enquiries@newlandchase.com.

This information was provided by our sister company, Peregrine Immigration Management.

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