Cancellation of the foreigner’s permanent residence after divorce


My wife is Ukrainian who has been granted permanent residence in Slovakia for 5 years with the
possibility of work. We are currently in divorce proceedings. Will my wife lose her stay in the Slovak
Republic after a divorce?


If the Slovak wife has a permanent residence for 5 years for the purpose of family reunification, as
she married a Slovak, she will lose the purpose for which she was granted permanent residence by
divorce. As a result, the Foreigners Police will initiate proceedings to cancel her stay.

This follows from § 50 para. d) of Act no. 404/2011 Coll. on the stay of foreigners, according to which
“The police department shall cancel permanent residence if the spouses do not lead a joint family life,
if it is a permanent residence pursuant to § 43 para. 1 letter a)

Therefore, as soon as the Foreigners Police become aware of the fact that a divorce has taken place,
proceedings for cancellation of residence will begin. Thus, on the day of the validity of the divorce
judgment, the residence is not automatically canceled, but it is necessary that the procedure for the
cancellation of the residence at the Foreigners Police takes place.
The solution is to arrange the stay for another purpose, such as employment, until the cancellation of
the stay.

We would just like to point out that if the Slovak wife had an unlimited residence (ie a stay granted
after five years of permanent residence), her unlimited residence will not be canceled and in this case
she could remain in the territory of the Slovak Republic.