|
|
|
Attaining a residence permit
|
| | |
As of January 1, 2000, a new law on the residence of foreigners in the Czech Republic (No. 326/1999 Sb. - link is in Czech) came into effect. For the rough English translation, you can find it at the Ministry of the Interior here.
Entry to the Czech Republic
Residence in the Czech Republic for longer than 90 days
Permanent residence in the Czech Republic

From now on, foreigners may only enter, and subsequently exit from, the Czech Republic with a valid passport. This must be accompanied by a visa, if a visa requirement exists.
Furthermore, upon entering the Czech Republic, foreigners from certain so-called "problem" countries must fill out a border form.
This border form is a control document, which is to be filled out in duplicate. One part is turned over upon entry into the Czech Republic, the other upon departure from the country. The border form includes:
- First name, surname
-
date of birth
-
passport series and number
-
country of citizenship
-
gender
-
a photograph of the applicant
-
visa number
-
model of the car in which applicant enters the country
-
the car's international registration letter(s)
-
the licence plate of the car
-
color of the car
-
date and location of entry into the country
-
date of departure from the country
-
purpose and place of residence within the country
Along with this form, the foreigner police require:
- a document establishing residence
-
confirmation of health insurance
-
the funds necessary for the stay as well as for the return trip
-
a visa for the country to which the traveller will continue after the Czech Republic
Upon entering the country, citizens of "non-problem countries" must have a passport and visa (should this be a country with which the Czech Republic has visa relations).
|
| Austria | All other countries |
| Belgium |
| Croatia |
| Denmark |
| Finland |
| France |
| Germany |
| Great Britain |
| Greece |
| Hungary |
| Ireland |
| Israel |
| Italy |
| Japan |
| Luxemburg |
| Malta |
| Netherlands |
| Norway |
| Poland |
| Portugal |
| Slovakia |
| Slovenia |
| Spain |
| Sweden |
| Switzerland |
| USA |
|
A person traveling in the Czech Republic who does not require a visa is allowed to stay in the country for 90 days.
A person from a country with which the Czech Republic has a visa requirement must apply for a visa at its representation abroad, unless the law states otherwise. It's necessary to apply for a visa with the official form.
The new law divides the stay of foreigners in the Czech Republic into two categories - temporary and permanent residence. Instead of the long-term residence previously available, the law introduces temporary residence on a long-tem visa.
Temporary residence on a long-tem visa
A foreigner must apply for a long-term visa in order to stay in the Czech Republic for a period longer than 90 days for the purpose of working, studying, doing business or uniting family members. Even foreigners without visa requirements in the Czech Republic must apply for a long-term visa.
The period of validity for a visa is 365 days. In the case where the visa was granted for the purpose of employment, the period of validity is fixed to the period of performance of the employment stated in the work permit.
Foreigners may apply for this visa either at the Foreigner Police of the Czech Republic - but only if the application is for the purpose of uniting a family - or at the foreign representation of the Czech Republic in their country (this does not apply to applicants who wish to extend their long-term visas). The period of validity of a visa for residence longer than 90 days will be repeatedly extended by 365 days provided that the same purpose of stay remains for which the visa was granted.
Prerequisites for applying for a visa for a stay longer than 90 days:
- a passport,
-
a document confirming purpose of stay in the country,
-
financial means for stay in the country,
-
a document with the notarized signature of the person providing the foreigner lodging containing his agreement to provide lodging for the period of the foreigner's stay in the country (in the case of the stay being with the intent to study translate the document issued by the state organ or legal person),
-
a document on health insurance over the foreigner's period of stay in the country (this is not required should the applicant be insured through special legal regulation or if reimbursement of the financial costs of health care is ensured by a different method),
-
a statement from the Criminal Registry office and a similar document from the state where the applicant has citizenship or continuous residence for a period longer than 6 months, such as a document establishing a clean criminal record or a sworn statement in the case that the state in question does not issue such a document (not required for applicants younger than 15 years of age),
-
a photograph
With an application for a visa for a stay longer than 90 days for the purpose of employment, a foreigner is required to submit:
- a work permit
-
a document on health insurance for the period of stay in the country
The requirement to submit a statement from the Criminal Registry office will be considered fulfilled if the applicant files a request for this statement at the office of foreign representation and agrees with the sending of this statement to the police.
With an application for the extension of the period of validity of a visa for a stay longer than 90 days or with an application for the extension of the period of stay in the country on this visa, the applicant is required to submit the same prerequisites as in an application for a visa.
With an application for the extension of the period of validity of a visa for a stay longer than 90 days granted for the purpose of doing business, the foreigner is further required to submit:
- confirmation from a financial office of the Czech Republic of payment of income taxes for the last tax period
-
conformation from a department of the Czech Administration of Social Security of payment of social insurance for the last period.
A foreigner is entitled to apply for residence permission for the purpose of uniting a family without having fulfilled the condition of previous continuous residence in the country.
Uniting a family is understood as:
- bringing together a foreigner with a citizen of the Czech Republic who is a declared resident in the country (with the condition that the foreigner is the spouse of the citizen of the Czech Republic)
-
if the foreigner is the solitary parent, older than 70 years of age, of a citizen of the Czech Republic (who is older than 18)
-
if the foreigner is the under-age child of a citizen of the Czech Republic and was awarded to the citizen's care by a court in a divorce,
-
if the foreigner is the adult child of a citizen of the Czech Republic who is solitary and older than 70 years old,
-
if the foreigner has adopted a child who is a citizen of the Czech Republic, or has been entrusted with the foster parental care and appointed the guardian of an under-age child, who is a citizen of the Czech Republic, provided the foster care will take place in the country
-
if the foreigner is a person whose stay in the Czech Republic is in the interests of the the foreign policy of the Czech Republic.
A solitary person for the purposes of this law is understood as divorced, single or widow(er)ed.
After 8 years of continuous residence in the country on a residence visa for longer than 90 days or on a visa for the purpose of temporary protection, a foreigner is entitled to apply for residence permission:
-
for the purpose of uniting the applicant with a foreigner who holds residence permission, under the condition that the applicant for residence permission has been this foreigner's spouse for not less than five years,
-
if the applicant is an under-age child entrusted to the care of a foreigner with residence permission or an adult child dependent for care on a foreigner with residence permission,
-
if the applicant is the solitary parent, older than 70 years of age, of a foreigner with residence permission.
Periods of stay in the country on a student visa are not counted toward this 8-year period.
After 10 years of continuous residence in the country on a residence visa for longer than 90 days or on a visa for the purpose of temporary protection, any foreigner is entitled to apply for residence permission:
Periods of stay in the country on a student visa are not counted toward this 10-year period.
A foreigner is entitled to submit an application for residence permission at foreign representaion offices.
A foreigner is entitled to submit an application for residence permission within the country if he or she has been residing in the country on a long-term visa and fulfills other requirements according to the law, or is the spouse or child younger than 18 years old of a citizen of the Czech Republic.
The applicant is required to submit the following along with the application for residence permission:
-
a photograph,
-
passport,
-
documentary evidence confirming the purpose of stay in the country, such as a marriage certificate, birth certificate or some other document verifying family relationship, or a document confirming that the applicant was a citizen of the Czech Republic in the past,
-
a document ensuring finacial means for permanent stay in the country,
-
a statement from the Criminal Registry office and a similar document from the state where the applicant has citizenship or continuous residence for a period longer than 6 months, such as a document establishing a clean criminal record or a sworn statement in the case that the state in question does not issue such a document (not required for applicants younger than 15 years of age),
-
a document with the notarized signature of the person providing residence to the applicant in the country.
For the purposes of the applying for a residence permit, a document ensuring finacial means for permanent stay in the country is considered as:
-
confirmation of the transfer of financial support paid by the foreign state of which the applicant is a citizen, or by a different state in which such benefits will be paid to the applicant, under the assumption that the appplicant will receive monthly payments greater than twice the minimum living standard,
-
a pledge by the person providing the applicant with lodging in the country, with a notarized signature, that he/she will meet the costs connected to the stay in the country; it is necessary to corroborate this pledge with an employer's confirmation of higher earnings, or a bank statement from this or another country with a minimum of 70 times the minimum living standard, to the name of the applicant.
Attachments to the application for residence permission cannot be older than 180 days, with the exception of the applicant's passport and photograph.
Cancellation of residence permission
The police will cancel the validity of residence permission if it is established that the foreigner got married simply for the sake of acquiring residence permission (this does not apply to marriages from which a child is born or adopted), the marriage is dissolved on the basis of an authorized court decision of divorce or dissolved by decision of the court as invalid within 5 years after the issuing of residence permission and no child was born or adopted in the marriage.
The police will cancel the validity of residence permission if the foreigner does not apply for extension of the period of validity in the designated period, if the foreigner has no confirmed lodging in the country, or if the foreigner is convicted by a court of the Czech Republic of intentionally committing a crime with a penalty of longer than 3 years loss of freedom.
In cancelling residence permission, the police will set a date by which the foreigner must leave the country and administer the foreigner an exit visa; the foreigner is required to leave the country within the period stated on the exit visa.
|
| | |
|
|