The Constitutional Court in Slovakia will assess the constitutionality of the Act on the Residence of Foreigners, which relates to the granting of permanent residence for nationals of third countries in the case of marriage with a citizen of Slovakia. The filing concerns same-sex couples who have lived for a long time in a third country in which they were legally married.
Slovak legislation, however, requires a marriage to be in accordance with the Family Act (i.e., between a man and a woman only), and proof of marriage when granting permanent residence. Nationals of third countries who form same-sex couples with Slovak citizens are unable to fulfil the conditions required of them by the current legislation.
The relevant proposal to the Constitutional Court was submitted in March 2022 by the then Public Defender of Rights (VOP), Mária Patakyová.
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