Permanent residence in Slovakia – EU citizens

Situation of the British citizens that will stay within the European Union after the Brexit is subject of the agreement between EU and Britain. As the form of the Brexit is not clear now it is difficult to predict the situation after the Brexit.

Until now the changes in our legislation related to the residence permit of the British citizens in regard to Brexit are contained in the Act No. 83/2019 Coll. on Amendments and Supplementation of Certain Acts in connection with of the withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union without agreement. The Act is not effective. It will come to the legal force on the day when the United Kingdom of Great Britain and Northern Ireland ceases to be a party of the Treaty on European Union and the Treaty on the Functioning of the European Union in case that there will not be any agreement about the conditions of Brexit.

Residence of the foreigners is regulated by the Act No. 404/2011 Coll. on Residence of Aliens and Amendments and Supplementation of Certain Acts.

Foreigner can apply for the long term residence (form of the permanent residence) after the authorised and continuous stay in the territory of the Slovak republic during the period of five years immediately prior to the filing of an application. Application can be submitted soonest on the day after this five years period.

According to the Act no. 83/2019 Coll. proceeding that will begin before the Brexit will be finished according legislation valid before the Brexit (if it is favourable for the foreigner). The act contains also rules for transformation of the residence of the British citizens. For example residence of British citizen according to the Article no 65 of the Act 404/2011 Coll. (“Union citizen has the right of residence in the Slovak Republic territory during the period of more than three months, if (a) s/he is employed in the Slovak Republic territory; (b) s/he is a self-employed person in the Slovak Republic territory; (c) s/he has sufficient resources for him/herself and for his/her family members so that they would not become a burden for the social assistance system of the Slovak Republic during the period of their residence and health insurance in the Slovak Republic territory; (d) s/he studies at a primary school, secondary school or university in the Slovak Republic; (e) there is an assumption that s/he would find employment; or( f) s/he is a family member of a Union citizen whom s/he accompanies or joins and who fulfils the conditions for residence as per as per letters (a) to (e).”) will be considered permanent residence permit for five years.