Can I Cancel My Daughter’s / Son’s Permanent Residence?

QUESTION
How can I cancel my daughter’s / son’s permanent residence in a property owned by the parents?

ANSWER:
The issue of cancelling permanent residence is regulated by Act No. 253/1998 Coll. on the Registration of the Residence of Citizens of the Slovak Republic and the Register of Inhabitants of the Slovak Republic (hereinafter “Act No. 253/1998”).

According to § 7(1)(f) of Act No. 253/1998:

“The registration authority shall cancel the record of permanent residence, upon the request of the owner or all co-owners of a building or its part, of a citizen who has no user rights to the building or its part; such a request cannot be submitted against the owner or co-owner of the building or its part, the spouse, or the dependent child of the owner or co-owner of the building or its part.”

The registration authority (“ohlasovňa”) under the above-mentioned act is the municipality; in Bratislava and Košice, this role is fulfilled by the relevant city district (§ 2(1) of Act No. 253/1998).

Under § 3 of Act No. 600/2003 Coll. on Child Allowance, a dependent child is defined as:

“A child until completion of compulsory school attendance, and at the latest until reaching the age of 25, if:
– continuously preparing for a future occupation through study, or
– unable to prepare for a future occupation through study or to perform gainful activity due to illness or injury.

A dependent child under this act is not:

– a child who has been granted an invalidity pension (from the first day of the calendar month following the month in which the decision granting the invalidity pension was issued), or
– a child who has obtained a second-level university degree.”

Therefore, Act No. 253/1998 allows a parent to cancel their child’s permanent residence only if the child does not meet the definition of a dependent child according to the cited provisions of the Child Allowance Act.