UK nationals and their family members after Brexit in Slovakia

According to the EU/UK Brexit agreement and related changes in the Slovak Act on Stay of Foreigners, the rights of UK nationals and their family members who exercised the right to free movement within the Union and had settled in Slovakia before 1.1.2021 remain intact. The previous rules governing the stay of EU nationals and their family members according to provisions of Art.63 to 72 of the Slovak Act on the Stay of Foreigners apply to them accordingly futher on. Depending on the nature of their residence as EU national or his/her family member, their status changes to the “permanent resident for 5 years" or to the "permanent residence for indefinite time" and their residence documents needed to be changed.These persons were obliged to replace their previos documents at the police before 31.6.2021.

Dependent status of family member and its retention

If you obtained your status based on Art.70 (right to residence for more than 3 months) or based on Art. 71 (right to permanent residence) as a spouse of UK national. The general rule applies that if the right of the spouse to residence in Slovakia and your relationship last, your right to residence in Slovakia continues as well. 

However, there are exceptions:

Death of the EU national (a sponsor) shall not entail the loss of the right of residence of a family member of EU national, if they resided in Slovakia for at least one year prior to the death. This applies also to a family member of this person if the family already existed in Slovakia.

Death or end of his/her right of residence of the EU national (a sponsor) shall not entail the loss of the right to residence of a family member of EU national in case of a child and his/her parent entrusted with personal care of the child. This right remains until the completion of child´s studies in Slovakia.

Divorce (or declaration of your marriage as null and void) shall not entail loss of the right of residence of a Union citizen's family member (and his/her family members), where prior to initiation of the divorce proceedings the marriage has lasted at least three years, including one year in the host Member State. This applies also to situations where the marriage has ended because of domestic violence, the sponsor's addiction to alcohol, narcotics, psychotropic substances, gambling or other serious reasons. 

An ex-spouse of the EU national retains the right of residence if the child of the sponsor has been entrusted to his/her personal care, or if he/she has the right to meet with the minor child in Slovakia by mutual agreement of both parents or granted by the court for as long as it is necessary.

Not having obtained permanent residence yet, your retention of the right to residence would be conditioned by the requirement of showing they you are employed or self-employed or that you have sufficient resources for yourself and your family members not to become a burden on the social assistance system and that you have comprehensive sickness insurance covered. Based on the retention of your right to residence, your residence will continue exclusively on personal basis. So, after the lapse of 5 years in Slovakia you should acquire right to permanent residence in Slovakia.

Right to Permanent Residence

The right of residence of the family members of EU nationals copy the status of the sponsor/EU national. A family member of EU national has the right to permanent residence if he/she has been lawfully residing in the territory of the Slovak Republic with the sponsor continuously for a period of five years. 

A family member of EU national shall also have the right to permanent residence if he/she has been lawfully residing in the territory of the Slovak Republic with the sponsor for less than five years, but the sponsor has already acquired the right to permanent residence.

Loss of the Right to Residence

The right of permanent residence shall be lost only through absence from the host Member State for a period exceeding two consecutive years, if the police establishes that the marriage with the sponsor was of convenience, or the right of permanent residence was obtained fraudulently.