Residence of Citizens of the United Kingdom of Great Britain and Northern Ireland

The status of citizens of the United Kingdom within the territory of the Slovak Republic after 1 January 2021 depends on whether or not these citizens had registered residence here prior to the end of 2020. Following the withdrawal of the United Kingdom from the European Union (so-called Brexit), citizens of Great Britain no longer enjoy the status of EU citizens in Slovakia. This implies that their residence is governed by the rules applicable to third-country nationals, subject to certain exceptions.

Pursuant to European Union legal regulations, specifically Regulation (EU) 2018/1806, citizens of the United Kingdom are entitled to enter the territory of the Slovak Republic without the requirement of a visa permit. The visa-free regime permits them to reside in Slovakia, as well as in other member states of the Schengen area, for a maximum of 90 days within any 180-day period. This right applies to all short-term stays, which may serve various purposes – such as tourism, business, or visits to family and acquaintances.

It is important to emphasize that a stay exceeding the specified period can no longer be deemed visa-free and requires the submission of an application for the relevant type of residence permit pursuant to the Act on Residence of Aliens. For entry into the Slovak Republic, a valid passport is sufficient for citizens of the United Kingdom, provided that it is recommended to have sufficient validity covering at least the entire period of the intended stay.

Although citizens of Great Britain do not require a visa for a short-term stay, they are under an obligation to report their residence within the territory of the Slovak Republic within three working days from entry into the country. If a UK citizen resides in a hotel, guesthouse, or other accommodation facility, the obligation to report the residence shall be arranged on their behalf by the accommodation provider itself.

Unlike citizens of the European Union, who have the option to register their residence as Union citizens, citizens of Great Britain do not enjoy this option. Post-Brexit, they are considered third-country nationals and may therefore only apply for those types of residence established by Act No. 404/2011 Coll. on Residence of Aliens. This implies that upon fulfilling the statutory conditions, they may apply, for instance, for temporary residence (for the purposes of employment, business activities, studies, family reunification, etc.), permanent residence, or tolerated residence under special circumstances.

Special rules apply to those citizens of Great Britain who were already residing in Slovakia and had registered residence as an EU citizen prior to 31 December 2020. Pursuant to the Agreement on the Withdrawal of the United Kingdom from the European Union, these citizens obtained the right to remain in Slovakia and to retain their legal status. Two distinct categories are recognized depending on the type of residence they held prior to said date:

1. Permanent residence for an indefinite period: Citizens of the United Kingdom who had registered permanent residence as a Union citizen in Slovakia prior to 1 January 2021 retain this status post-Brexit. Provided that they demonstrate they actually exercised this right, their residence is automatically deemed to be permanent residence for an indefinite period.

2. Permanent residence for 5 years: Those citizens of the United Kingdom who had registered residence as a Union citizen in Slovakia prior to 1 January 2021 are entitled to retain this status post-Brexit. Their residence is hereby automatically deemed to be permanent residence for a period of five years, provided that they credibly demonstrate that they actually exercised this right.

Citizens of the United Kingdom who resided in Slovakia prior to 1 January 2021 without holding an official residence registration as a Union citizen had the opportunity to retroactively obtain permanent residence for a period of five years.

In order to be granted this residence status, they were required to credibly demonstrate that they were genuinely residing in Slovakia and, prior to 1 January 2021, already fulfilled the conditions that would have entitled them to residence registration. This applies, for example, to situations where they were engaged in the following within Slovakia: holding employment, carrying out business activities, or studying at an educational institution.

This regime represented a form of “second chance” for British nationals who had failed to register their residence prior to Brexit, but who in practice were residing in Slovakia and satisfied the statutory conditions.

Special rules also applied to family members of United Kingdom citizens who were residing in Slovakia prior to 1 January 2021 and held the residence of a family member of a Union citizen or the permanent residence of a family member of a Union citizen. The condition was that the relationship between the UK citizen and the family member had existed prior to said date. This implied that their new status was deemed to be permanent residence for five years or for an indefinite period, depending on the type of residence they held prior to Brexit. In this manner, continuity was ensured and family members did not forfeit their rights.

Under the transitional provisions, the right to retroactive registration of residence also applied to family members of United Kingdom citizens. Specifically, pursuant to Section 131j (4), a family member who held no residence status in Slovakia prior to 1 January 2021 was entitled to register permanent residence for five years after this date by joining the residence of the UK citizen. The condition was that the family relationship with the United Kingdom citizen had existed prior to 1 January 2021 and that the family member effectively joined them for residence purposes. Said relationship was not required to have existed prior to this date if the person concerned was their child under 21 years of age, their dependent child, or such children of their spouse.

From the Explanatory Memorandum: “This mechanism ensured that families of United Kingdom citizens were not separated by Brexit and could continue their joint life in Slovakia. Family members of United Kingdom nationals with a right of residence granted pursuant to the Agreement will be entitled to register permanent residence for five years, provided that the relationship defined in Section 2 (5) of the Act on Residence of Aliens (with the exception of a child under 21 years of age) existed prior to the end of the transition period. A child under 21 years of age of a United Kingdom national, as well as a child of their family member, who have been granted a right of residence pursuant to the Agreement, will have the opportunity to register permanent residence for five years at any time, even if born after the end of the transition period (from 1 January 2021).” (Explanatory Memorandum to Act No. 424/2020 Coll.)

“(4) A family member pursuant to Section 2 (5) (a) and (c) to (g) of a national of the United Kingdom under subsection 1, 2, or subsection 3 may register permanent residence for five years, provided that they join them for residence purposes and the relationship pursuant to Section 2 (5) existed prior to 1 January 2021.

(5) A family member pursuant to Section 2 (5) (b) of a national of the United Kingdom under subsection 1, 2, or subsection 3 may register permanent residence for five years, provided that they join them for residence purposes.”

“Upon application, the police department shall, within 30 days, issue to a national of the United Kingdom or their family member pursuant to subsection 1 a residence document valid for ten years. Upon application, the police department shall, within 30 days, issue to a national of the United Kingdom or their family member pursuant to subsections 2 to 5 a residence document valid for five years.

The validity of a residence card of an EU citizen issued to a national of the United Kingdom, and of a residence card of a family member of an EU citizen issued to their family member pursuant to Section 2 (5) prior to 31 December 2020, shall expire on the date of validity specified therein, but no later than 30 June 2021.

A national of the United Kingdom and their family member pursuant to subsections 1 to 3 shall be obliged to apply for a new residence document by 30 June 2021.” (Section 131j)

In practice, cases arise where United Kingdom citizens or their family members covered by the EU-UK Withdrawal Agreement failed to apply for the issuance or exchange of a residence document within the statutory deadline – namely by 30 June 2021. Some were even never issued a residence card, holding solely a residence registration as a Union citizen.

“In the event that such a UK citizen covered by the EU-UK Withdrawal Agreement did not apply for the issuance of a residence document prior to the end of the transition period, i.e. by 31 December 2020, or for the exchange of a residence document by 30 June 2021, having only applied for residence registration as an EU citizen, they retain the option at present to apply for the relevant residence document at the Foreign Police Department of the Police Force within the territory of the Slovak Republic.” (Bureau of Border and Foreign Police)

An application for the issuance of a residence document shall not be submitted to an embassy or consulate abroad – it must be lodged exclusively within the Slovak Republic. UK citizens covered by the Agreement may submit an application at any Foreign Police Department, irrespective of their place of residence, provided that they schedule an appointment through the electronic reservation system.

Certain nationals of the United Kingdom acquired residence status in other EU Member States pursuant to the Agreement on the Withdrawal of the United Kingdom from the EU. However, it is essential to emphasize that this status is valid exclusively within the territory of the Member State that granted it and is not automatically transferable to another EU country.

Therefore, if a UK citizen decides to relocate to the Slovak Republic, they must apply for a new residence status directly in Slovakia, namely in the form of one of the types of temporary residence. The selection of the specific type of residence depends on the purpose for which they will be residing within the territory of the Slovak Republic.

According to the statement of the Bureau of Border and Foreign Police, it is the Foreign Police itself that assesses the lawfulness of residence of a United Kingdom citizen within the territory of the Slovak Republic. If a UK citizen holds a valid residence status in another Member State, they have the right to travel to Slovakia and reside here on a short-term basis. However, if they intend to reside for a period exceeding 90 days, it is necessary to submit an application for the granting of temporary residence, most commonly for the purpose of employment.

As of 1 January 2021, citizens of the United Kingdom are considered third-country nationals in Slovakia. This implies that they no longer enjoy the right to free movement and residence registration as EU citizens, but must apply for residence pursuant to Act No. 404/2011 Coll. on Residence of Aliens.

If UK citizens wish to remain in Slovakia for longer than 90 days, they must apply for temporary residence. Most commonly, this involves the following purposes:

UK citizens may also apply for permanent residence if they satisfy the statutory conditions, such as marriage to a Slovak national, family ties, or other special grounds.

Medical examination of foreign nationals in Zlaté Moravce even without an appointment.

Medical examination of foreign nationals in Bratislava and 12 other locations is provided by Medical control s.r.o.

Tel.: 0948 350 123