Foreign Police closely scrutinizing Schengen visa holders applying for resident permits

28 Apr 16

SLOVAKIA

IMPACT – MEDIUM

What is the change? Slovakia’s Foreign Police have been instructed to investigate foreign nationals who enter the country on Schengen visas and apply for residence permits in-country. The police can investigate whether their activities are permitted by the Schengen visa and may reject their applications for residence permits.

What does the change mean? As a result of the new policy, foreign nationals who require a visa to enter Slovakia are encouraged to apply for their entry visas and residence permits at a Slovakian consular post in their home country or country of residence. 

  • Implementation time frame: Immediate and ongoing.
  • Visas/permits affected: Work and residence permits (initial applications only, not renewals).
  • Who is affected: Foreign nationals who require a visa to enter Slovakia and plan to apply for residence permits.
  • Impact on processing times: Submitting the application through an embassy will prolong the process of obtaining a residence permit by two to eight weeks. This is because the embassy does not process the application but sends it by diplomatic mail to the Foreign Police in Slovakia.
  • Business impact: Employers and foreignemployees may need to adjust business schedules and factor in additional time to apply for residence permits in their home countries.

Background: The new policy comes from an internal directive rather than a legislative change. An investigation by the police could lead to not only rejection of a residence permit application but also deportation and a ban on re-entering the Schengen area for one to three years.

BAL Analysis: Foreign nationals are reminded that Schengen visas allow only certain limited business activities. Individuals who intend to work in Slovakia should apply for their residence permit from their home country or country of residence.  

This alert has been provided by the BAL Global Practice group and our network provider located in Slovakia. For additional information, please contact your BAL attorney.

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