I’m a family member of a UK national

In the context of Slovakia, the Withdrawal Agreement protects:

1. UK nationals lawfully residing in Slovakia before the end of the transition period (before 31 December 2020),
2. UK nationals pursuing an economic activity in Slovakia before the end of the transition period, but who do not reside here (frontier workers),
3. Family members of persons under points (a) or (b), who lawfully reside in Slovakia before the end of the transition period,
4. Family members who lawfully reside in Slovakia before the end of the transition period independently based on a derived right of residence (e.g. following the death of the UK national or divorce with the UK national),
5. Certain direct relatives of persons under points (a) or (b), who do not yet live in Slovakia and reside in another country before the end of the transition period,
6. Partners of persons under points (a) or (b) who are in a duly attested, durable relationship, who do not yet live in Slovakia and reside in another country before the end of the transition period,
7. Children born to, or adopted by, persons under points (a) or (b) after the end of the transition period, whether inside or outside Slovakia, if:

• Both parents are persons under points (a) or (b), or
• One parent is a person under points (a) or (b) and the other is a Slovak citizen, or
• One parent is a person under points (a) or (b) and has sole/joint custody of the child.

To be protected by the Withdrawal Agreement means that you will be able to continue enjoying your rights broadly (as before the UK´s departure from the EU) in the territory of Slovakia.

As a family member of a UK national, if you are already registered as resident in Slovakia, or if you are lawfully residing in Slovakia by the end of the transition period (before 31 December 2020) and continue to reside here thereafter, your rights will be protected for as long as you remain resident.

To lawfully reside in Slovakia means that you must fall into one of the specified categories.

You will have to apply for a new (non-EU) Residence Card, even if you currently hold one and even if you are already registered as resident, at the latest by 30 June 2021.

In specific cases, your rights will be protected, and you will be able to join your UK national family member (who has lawful residence in Slovakia before 31 December 2020) also after the end of the transition period (after 1 January 2021). This possibility applies only to some categories of persons.

As a UK national family member, to lawfully reside in Slovakia means that the UK national you are accompanying or joining satisfies one of the following categories:

• He/she is employed in Slovakia;
• He/she is a self-employed person in Slovakia;
• He/she is studying in primary school, secondary school, or at university in Slovakia and is financially self-sufficient;
• He/she is financially self-sufficient and has health insurance in Slovakia;
• He/she is looking for work in Slovakia.

In general, you must fall into one of the specified categories before 31 December 2020, to be able to enjoy your rights in the territory of Slovakia broadly as you could before the UK left the EU.

A UK national's family member is a third country national, who is the UK national's:

• Spouse;
• Partner, if they have a durable, duly attested relationship;
• Child younger than 21 years of age, dependent child, and such children of the spouse;
• Dependent direct relative in descending (children, grandchildren) or ascending line (parents, grandparents, great-grandparents) and such a person of the spouse;
• Any other family member who is a dependent person in his/her country of origin;
• Any other family member who is the member of his/her household;
• Any other family member who depends on his/her care due to serious health reasons.

If your residence status in Slovakia is derived from you being dependent on the UK national, you will remain protected by the Withdrawal Agreement even when you cease to be dependent  (e.g. after you take up employment).

If your residence status in Slovakia is derived from you being under 21 years of age, you will remain protected by the Withdrawal Agreement even after you reach this age.

A third country national is a person who is not a citizen of the EU, the European Economic Area (EEA) or Switzerland.

If you are not a third country national, but a UK national who is accompanying or joining your family member who is also a UK national or a Union citizen, please follow these instructions.

If you are not a third country national, nor a UK national, but a Union citizen who is accompanying or joining your family member who is also a Union citizen or a UK national, you don´t need to make any changes to your residence in Slovakia due to the UK´s exit from the EU. In order to register your residence in Slovakia, please follow the instructions for Union citizens.

A Union citizen is a citizen of the EU (except for Slovakia), the European Economic Area Agreement (EEA) or Switzerland. You can check all the countries that belong to these groups here.

You can check who is considered a UK national here.

Regardless of nationality, a UK national´s direct relative is his/her:

• Spouse;
• Direct descendant (children, grandchildren) who is younger than 21 years of age or dependant and such descendants of the spouse;
• Dependent direct relative in the ascending line (parents, grandparents, great-grandparents) and that of the spouse.

• A child until the end of the ten-year compulsory school attendance, or until the end of the school year in which the child reaches 16 years of age, at the latest;
• A child until 25 years of age who is systematically preparing for a future profession (by studying at high school or university);
• A child until 25 years of age who cannot systematically prepare for a future profession or perform gainful activities due to illness or injury;
• A child until 18 years of age who is not capable of systematically preparing for a future profession or performing gainful activities due to a long-term adverse health condition;
• A person dependent financially or otherwise on the UK national.

As a family member of a UK national, you have the right of residence in Slovakia for a period longer than three months, if the UK national you are accompanying or joining satisfies one of the following conditions:

• He/she is employed in Slovakia;
• He/she is a self-employed person in Slovakia;
• He/she is studying in primary school, secondary school, or at university in Slovakia;
• He/she has sufficient financial resources for himself/herself and his/her family members to avoid burdening the social security system and has health insurance in Slovakia;
• He/she is looking for work;
• He/she has lived in Slovakia for a continuous five-year period.

In general, you must meet one of the above conditions before 31 December 2020 to be covered by the Withdrawal Agreement (exceptions apply).

These conditions do not apply to UK nationals who move to Slovakia after 31 December 2020 (exceptions apply).

As a family member of a UK national, your current lawful residence in Slovakia, or the lawful residence which you start before 31 December 2020, will be changed automatically from an EU to a non-EU status.

You will obtain one of the relevant types of residence status, depending on how long you have lived in Slovakia.

All you have to do is:

• register your residence (unless you have already done so) and
• apply for a non-EU Residence Card.

Some categories of persons who do not yet lawfully reside in Slovakia before the end of the transition period (by 31 December 2020) will be able to obtain a residence status to join their UK national family member (who has lawful residence in Slovakia before 31 December 2020) even after the end of the transition period (after 1 January 2021) and still enjoy the rights set by the Withdrawal Agreement.

This applies if you are the UK national's:

• Partner in a duly attested, durable relationship, if the relationship was durable before the end of the transition period and continues at the time you seek residence in Slovakia. You will be able to join the UK national in Slovakia at any point in time in the future;

or

• Spouse, if you are married to the UK national at the time you seek residence, but at the end of the transition period you were in a durable relationship with this UK national (i.e. not married yet). You will be able to join the UK national in Slovakia at any point in time in the future;

or

• Direct relative, if you satisfy the criteria set out in the definition of a direct relative both before the end of the transition period and at the time you seek residence in Slovakia. You will be able to join the UK national in Slovakia at any point in time in the future;

or

• Child, if you were born or adopted after the end of the transition period and you are under the age of 21 or dependant when seeking residence in Slovakia. You will be able to join the UK national in Slovakia at any point in time in the future.

This option applies regardless of your nationality, whether you are a UK national, Union citizen or third country national.

The below deadlines apply, unless you belong to one of the categories of persons who may seek residence in Slovakia even after the end of the transition period (after 1 January 2021) and still enjoy the rights set by the Withdrawal Agreement.

Lawful residence

• By 31 December 2020, you must be lawfully residing in Slovakia (and continue to reside here thereafter).

Registration of residence

• You should register your residence within 30 days from the lapse of three months from entering Slovakia.
• Unless you have already done so, you should register at your earliest convenience.
• When you register after 1 January 2021, you will have to demonstrate that you were lawfully residing in Slovakia before 31 December 2020.

New Residence Card

• By 30 June 2021, you must apply for a non-EU Residence Card (even if you are already registered as resident and hold an EU Residence Card).

We are encouraging you to register your residence and apply for the non-EU Residence Card at your earliest convenience.

You don't need to be physically present in Slovakia at the end of the transition period, but you do need to be already lawfully residing here at that point.

The deadline for application for the non-EU Residence Card is 30 June 2021. However, it is recommended you apply for the new Residence Card as soon as possible, or by 31 December 2020. If you do not submit your application for a new Residence Card by 31 December 2020, your residence status will be changed automatically. In this case, you will have to apply for the new Residence Card before 30 June 2021. 

We advise not leaving the registration of residence and/or the application for the non-EU Residence Card until the last moment.

If you belong to one of the categories of persons who may join the UK national even after the end of the transition period (after 1 January 2021), there is no deadline to join the UK national and seek residence in Slovakia. You will be able to join the UK national in Slovakia at any point in time in the future.

You will get one of the following types of residence status, depending on how long you've been living in Slovakia:

• Five-year residence:

You will get this type of residence if you have lawfully resided in Slovakia for less than five years. It is granted for a period of up to five years. The Residence Document is also issued for a period of five years;

or

• Long-term residence/Permanent residence for unlimited time:

You will get this type of residence if you have lawfully resided in Slovakia continuously for more than five years. It is granted for an indefinite time period. The Residence Document is issued for a period of 10 years. In specific cases, you may qualify for this type of residence even before you have resided in Slovakia for five years.

If you belong to one of the categories of persons who may join the UK national after the end of the transition period (after 1 January 2021), you will get the five-year residence.

Important: The validity of your new Residence Document should not be shorter than five years or ten years, in line with the above. In case you were issued a Residence Document with a shorter validity, please contact your competent Foreign Police department by email and request issuance of a corrected residence card. Check what are the contact details of Foreign Police departments.

If you are currently in Slovakia and want to stay here, the steps you need to take depend on several factors.

To determine the procedure applicable in your case, you need to know your residence status in Slovakia. Therefore, please chose one of the following three options (from A. to C.) that applies to your situation, in order to understand what you should do.

• I have resided in Slovakia for less than 5 years, and I hold a valid Residence Card
• I have resided in Slovakia for more than 5 years, and I hold a valid Residence Card
• I have not registered my residence, and I don’t have an issued Residence Card

If you are currently not in Slovakia but want to move here, the steps you need to take depend on the time of your planned arrival.

The procedure applicable in your case depends on when you want to come to Slovakia. Therefore, please choose one of the following two options that applies to your situation, in order to understand what you should do.

• I want to come before 31 December 2020
• I want to come after 1 January 2021

If you are permanently returning to the UK or moving to another country, you must inform the Foreign Police and return your Residence Card. You need to do so by sending a written notice on termination of your residence by mail together with your Residence Card to the Foreign Police Department competent according to your place of residence in Slovakia. We recommend doing so after you return to the UK or move to your country of destination.

Find your competent Foreign Police Department here. Contact details of Foreign Police Departments are available here.

You should also inform your health insurance company that you are permanently leaving Slovakia.

More information

Read the guidance on returning to the UK permanently and restrictions on returning to the UK related to COVID-19.