Timeframe for Finding a New Employer in Slovakia After Leaving a Previous Job (for Third-Country National Drivers) #
For third-country national drivers (i.e., those who are not citizens of an EU member state, Iceland, Liechtenstein, Norway, or Switzerland) working in Slovakia, the period allowed to find a new employer after leaving a previous job is governed by Slovak immigration law. The specific duration and conditions depend on the type of residence permit the driver holds.
General Rules and Regulations #
The primary legislation governing the residence of third-country nationals in Slovakia is Act No. 404/2011 Coll. on Residence of Aliens. This law outlines the conditions under which a third-country national can reside and work in Slovakia.
1. Temporary Residence Permit for the Purpose of Employment:
- General Rule: If a driver holds a temporary residence permit for employment and their employment is terminated, the validity of their residence permit is not automatically extended.
- Notification Requirement: The driver is legally obligated to inform the relevant Foreign Police department about the termination of their employment.
- Grace Period: While the law does not explicitly state a fixed ‘grace period’ to find a new employer, the permit holder’s right to stay in Slovakia is tied to the purpose for which the permit was granted (i.e., employment with a specific employer). If that employment ceases, the basis for their residence permit is undermined.
- Practical Implications: In practice, the Foreign Police may allow a short period (typically up to 60 days) for the driver to find new employment and apply for a change in the purpose of residence or a new residence permit. This is not guaranteed and depends on the specific circumstances and the discretion of the Foreign Police.
- Legal Basis: The decision regarding the extension or termination of the stay is based on an assessment of whether the alien continues to fulfill the conditions for residence, as stipulated in Act No. 404/2011 Coll.
2. Applying for a New Permit:
- New Employment: If the driver finds a new employer, they must apply for a new temporary residence permit or an amendment to their existing permit to reflect the new employment.
- Application Process: The application must be submitted to the Foreign Police department, and it must include all required documents, such as an employment contract, proof of accommodation, and other supporting documents.
- Risk of Deportation: If the driver fails to secure new employment and a valid residence permit within a reasonable timeframe, they risk having their residence permit revoked and being required to leave Slovakia.
Specific Considerations for Drivers #
- Code 95 and Driver Qualifications: Ensure that all professional qualifications (e.g., Code 95) remain valid and recognized in Slovakia.
- Health Insurance: Maintain valid health insurance coverage during the job search period.
- Communication with Authorities: Maintain open communication with the Foreign Police and the Labor Office (Úrad práce, sociálnych vecí a rodiny) to understand the requirements and potential support available.
Official Sources and Links #
- Act No. 404/2011 Coll. on Residence of Aliens: This is the primary legislation governing the residence of third-country nationals in Slovakia. Unfortunately, a direct English translation is not available, but you can find the Slovak version here: Slov-Lex – Act No. 404/2011 Coll.
- Information on Residence Permits (Ministry of Interior of the Slovak Republic): Ministry of Interior – Residence Permits (Slovak language)
- Labor Office (Úrad práce, sociálnych vecí a rodiny): Provides information on employment opportunities and requirements. Úrad práce, sociálnych vecí a rodiny (Slovak language)
Disclaimer #
The information provided above is for informational purposes only and does not constitute legal advice. It is essential to consult with an immigration lawyer or the relevant Slovak authorities for specific guidance related to your situation. Laws and regulations are subject to change.
