Residence Permit/Visa

Third-country Nationals

Entering the Czech Republic, duties, length of stay

A valid travel document authorising the holder to cross borders which meets these criteria:

  • valid for at least three months after the anticipated date of departure from the territory of member states, and
  • was issued at some time during the preceding ten years;

A valid short-term visa, if required, or a valid long-term or permanent residence card or a valid long-term visa

A declaration of the purpose and conditions of their intended stay;

Proof of sufficient funds for living expenses both for the duration of their intended stay, and for their return to their country of origin or for passage to a third country which guarantees to accept them, or else they are capable of legally acquiring such funds;

The individual must not be a person appearing in the Schengen information system (SIS II) as a person to be denied entry;

The individual must not be considered a threat to public order, internal security, public health or international relations of any of member state; especially not persons who, according to the internal member state database, should be denied entry for the same grounds;

 

Further information relating to border checks

The obligation to possess a travel document does not apply to a third country national under the age of 15 whose name appears in the travel document of another person with whom he is travelling.

The travel document of third country nationals, apart from exceptional cases, must be stamped with an entry / exit stamp upon entering and leaving the Schengen Area. It is a good idea to check if your travel document has been stamped.

Third country nationals’ obligations after entering the territory of the Czech Republic

Third country nationals are obliged to register their accommodation address in the Czech Republic with the nearest foreign police department within 3 working days of entering the Czech Republic (see below for exceptions). If you have arrived in the Czech Republic to pick up a long-term or permanent residence card, you may also perform your obligation of registration at an MoI office, where you may also perform your obligation to provide biometric data. When performing his/her obligations, the third country national must present a valid travel document and a completed registration form (available at the office). In the course of performance of registration obligations, the police are entitled to demand presentation of a travel insurance certificate. More information here.

 

The obligation to register their accommodation address with the police does not apply to a third country national who has already satisfied this obligation via his / her accommodator. The obligation of registration also does not apply to persons under the age of 15, to the personnel of the embassy or consulate of a foreign state or of an international government organisation accredited in the Czech Republic, to their family members as registered with the Ministry of Foreign Affairs, or to a third country national for whom the Ministry of the Interior is providing accommodation. If he/she has arrived in this country to pick up a long-term residence card, even in the aforementioned situations a third country national shall be obliged to report to an MoI office within 3 days to provide biometric data.

Third country nationals are also obliged to report any change of surname, marital status, change of data in their travel document and change of data in the document permitting their stay in the Czech Republic (e.g. in their residence card). Third country nationals not required to have a visa or on a short-term visa must report any change in data to the Foreign Police or, if staying on a long-term visa or on a long-term or permanent residence card, to an MoI office.

At the request of the police, third country nationals are obliged to prove their identity with a valid travel document or residence card (biometric card). This biometric residence card is the only valid document from a third country national that will be accepted instead of a travel document. However, this biometric residence card cannot be used instead of a travel document for travel outside the territory of the Czech Republic and it is essential that third country nationals have both a valid travel document and a valid biometric residence card.

Types of Stay - Basic Categories

Types of stay in the territory of the Czech Republic / Schengen Area, are divided as follows:

A visa for a stay of over 90 days (long-term)

An application for a long-term visa for over 90 days can be submitted at a Czech Embassy abroad. You are obliged to submit the application only at the Czech Embassy in the state of which you are a citizen or which issued your current travel document, or in the state in which you have a long-term or permanent residence permit. You do not have to meet these conditions if you are a citizen of a state presented in the list of countries whose nationals are entitled to submit an application for a long-term visa at any Czech Embassy whatsoever (Decree No. 429/2010 Coll.).

An application for a long-term visa can only be submitted inside the Czech Republic in legally set cases.

You should submit the application using the completed form along with all the necessary documents required by law. You should, however, always submit originals or official copies of the documents. All of the documents submitted must be completed in the Czech language or officially translated into Czech. Moreover, foreign public documents must be supported by a higher verification (Apostille, super legalisation).

General information: Long-term residence permit

You are entitled to file an application for a long-term residence permit inside the Czech Republic at the MOI offices, if:

  • you have been residing in the Czech Republic on a visa for a stay of over 90 days and
  • you intend to temporarily live in the Czech Republic for more than 1 year including the previous visa
  • and if, at the same time, the purpose of your stay remains unchanged (exceptions are made e.g. for a blue card, employee card, family members or scientists).

In given cases, an application for a long-term residence permit without the precondition of staying on a visa for over 90 days can be submitted at a Czech Embassy (purpose of studies, scientific research, family reunification, resident of another EU Member State, blue card or employee card or ICT card).

You are generally obligated to submit an application for a permit or of extension validity of long term residence in the Czech Republic well enough in advance of 120 days before the end of validity of existing permit for long term residence or long term visa, and by the latest day of validity of visa or residence permit. If the last day of validity of long term visa or long term residence permit is a public holiday (Saturday, Sunday, holiday), the last day you are able to submit an application is nearest subsequent working day. In case the deadline is on working day which is not an official day (Friday), it is possible to deliver an application of extension validity of long term residence permit by Post Office at the last day of this term. This does not apply for applications which you have to submit personally (an application for the extension of a long term residence permit, an application of “change of purpose” for long term residence permit); this application has to be delivered to the Ministry of Interior by the last day of term. In case such an application is personally confirmed for 5 days, it can be delivered to the Ministry of Interior by the last day of the term by email or fax to the online data storage facilities of the Ministry of Interior. The fact that the last day of term is an unofficial day cannot be considered as a suitable reason independent of the will which has prevented the foreigner from submitting an application. For this reason we ask you to submit an applications well ahead of time before the deadline.

Permanent Residence

Permanent residence permit after 5 years of continuous temporary residence in the CR

After 5 years of continuous residence in the Czech Republic, a foreign national can file an application for permanent residence.

The following is counted as part of the period of continuous residence:

  1. The period of stay on long-term visa and on a long-term residence permit unless otherwise provided.
  2. The period of stay of status asylum seeker or a person under the subsidiary position under the Asylum Act.
  3. The period of previous residence based on temporary residence permit including the time during which application procedures for the permit was undertaken, if
    1. the long-term residence permit was issued to foreigner based on a request under paragraph 87f(5), after termination of temporary residence of family member of an EU citizen or
    2. The foreigner applied for a residence permit during periods of departure connected to the determination of temporary residence of family member of an EU citizen as stated in paragraph 87f(5)
  4. By one half
    1. The period of stay in the territory on long-term visa and on long-term residence permit issued for purpose of study or
    2. The period during which the proceedings were conducted for granting international protection which led to the decision to grant asylum or supplementary protection, including the period of an action or cessation of a complaint if the proceedings regarding the granting of international protection have been ongoing more then 18 months, in which case this entire period is also counted.
  5. The period of absence of a foreigner from the territory during the residence according to letter from a) to d), if each such period of absence does not exceed 6 months consecutively and if it does not exceed a total of 310 days, if one of the periods of absence of the foreigner from the territory was not longer then 12 months consecutively due to serious reasons, especially case of pregnancy and birth of a child, serious illness or study and training, the continuity of residence is retained, while this period is not counted
  6. The period of absence of the foreigner from the territory during the period of residence according to letter a) to d), if the foreigner was posted abroad by the employer and if each such period of absence does not exceed 10 months consecutively and not exceed 560 days in its summary.

The following is not counted as part of the period of continuous residence:

    1. Transfer of the foreigner in the territory by the foreign employer or foreign legal entity or individual
    2. The residence of foreigner in the territory for a purpose of employment depending on changing seasons or if he was assisting with home duties related to food, accommodation and acquiring spending money designed to meet his basic social cultural and educational needs (au pair),
    3. Regarding imprisonment, the day of the foreigner’s entry into the incarceration facility interrupting the period of his continuous period in the territory until his release from prison.

A foreigner can submit an application after 5 years of continuous residence in the territory of Czech Republic, if he has remained in the territory:

  • On a long-term visa
  • On a long-term resident permit or,
  • Based on residence document issued to inside the territory according to S.I. no 325 of 1999 or S.I. no 221 of 2003, or
  • During a period of departure due to the termination of temporary residence of family member of EU citizen, as in the case of a citizen who has remained in the territory 5 years continuously.

An application for a permanent residence permit can be filed at the MOI offices at which you are registered. The application must be submitted in person.

Source: www.mvcr.cz