Brexit – What are the current provisions in Slovakian residence and employment law?

Immigration and residence

In accordance with the EU-UK agreement, Slovakia has decided to apply the determination system (Article 18(4)), on the basis of which no new residence procedure is required for the beneficiaries of the agreement.

All British citizens and their family members who obtained a legal registered right of residence in Slovakia before or by 31.12.2020 will automatically receive one of the types of permanent residence, guaranteeing all rights under the Agreement on Exit. The residence permit was automatically changed on 01.01.2021.

British citizens and their family members apply for a new residence permit as third country nationals no later than 30.06.2021, depending on the length of stay in Slovakia before 01.01.2021 (permanent residence for 5 years or permanent residence for an indefinite period).

In the case of British citizens and their family members who have had a registered right of residence in Slovakia for less than 5 years by the end of the transition period (31.12.2020), their right of permanent residence was changed to the duration of 5 years.

For British citizens and their family members who have had a registered right of residence in Slovakia for more than 5 years by the end of the transitional period (31.12.2020), the right of residence was changed to permanent residence for an indefinite period. The Ministry of Interior of the Slovak Republic recommends applying for document exchange by 30.06.2021.

British citizens who had legal residence in the territory of Slovakia but were not registered before 01.01.2021, but who wish to continue to remain in Slovakia, should contact the relevant department of the Aliens Police as soon as possible to register your stay. The requirement for registration is credible proof that they have resided in Slovakia prior to 01.01.2021 and have met and continue to meet the residency requirements as an EU citizen prior to 01.01.2021. After registering their residence, they can continue to use their residence rights in Slovakia as much as before. By registering their residence, they acquire permanent residence, which guarantees all rights under the Withdrawal Agreement, and they are issued a certificate of permanent residence.

Family members of British citizens who do not have registered residence as family members of EU citizens in Slovakia, who wish to remain in the Slovak Republic as a family member of a British citizen covered by the Agreement on Withdrawal, must report to the relevant Aliens Police Department to register their residence; The requirement for registration is credible proof that their family relationship with a British citizen existed before 01. 01.01.2021 and that the British citizen of which he/she is a family member (i) had a registered right of residence or a right of permanent residence before 01.01.2021 or (ii) resided in the territory of the Slovak Republic before 01. 01. 2021 and fulfilled and continues to fulfill the registration requirements as an EU citizen. By registering residence, this person acquires permanent residence, which guarantees all rights under the Withdrawal Agreement, and receives proof of permanent residence.

British citizens who did not reside or were registered in the territory of the Slovak Republic before 01.01.2021 can apply as third-country nationals from 01.01.2021 accordingly (depending on the type of right of residence), according to the conditions of the Law on Residence of Foreigners. You can apply for residence at the Embassy of the Slovak Republic abroad (for example in London) or at the relevant department of the Aliens Police in Slovakia.

Business trips

British business travelers coming to Slovakia on business do not need a visa if they stay less than 90 days; they also do not need a work permit if they are not engaged in paid activity.

Autor: Monika Wetzlerová-Deisler