Fiction of Residence of Third Country Nationals

If you submit a legitimate application for a residence permit or an extension of a residence permit/visa within the given time limit, in most cases your stay in the Czech Republic is considered legal during the whole administrative proceedings until the decision on the application becomes final.

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What is a fiction of residence?

A fiction of residence is a term describing a situation when your stay in the Czech Republic is deemed to be legal even if you have no physical residence permit or visa. This situation occurs most often if:

• in the given time limit and in line with the law, you apply for an extension of your long-term residence permit’s or visa’s validity, or you apply for a new long-term residence permit for another purpose, and at the same time
• the validity of your current biometric card or visa expires, and at the same time
• the decision on the application has not become final yet.

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In what situations does application submission create a fiction of residence for third country nationals?

• At the latest the last day, at the earliest 90 days before your current visa’s validity expires, you apply for an extension of your visa for a stay longer than 90 days or for a long-term residence permit.
• At the latest the last day, at the earliest 120 days before your current residence permit’s validity expires, you apply for an extension of your long-term residence permit (including, for instance, an employee card or a blue card).
• At the latest the last day of your current residence permit’s validity you apply for a new long-term residence permit for another purpose (change of the purpose of residence).
• If you hold a residence permit for the purpose of studies issued by another EU Member State and you apply in line with the law for a residence permit for the purpose of studies in the Czech Republic.
• If you hold a residence permit for the purpose of scientific research issued by another EU Member State and you apply in line with the law for a residence permit for the purpose of scientific research in the Czech Republic.  Similarly, this applies to the family members of the holders of a residence permit for the purpose of scientific research issued by another EU Member State.
• If you hold a blue card issued by another EU Member State and you apply in line with the law for a blue card in the Czech Republic. Similarly, this applies to family members of holders of a blue card issued by another EU Member State.
• If you hold an intra-company employee transfer card permit issued by another EU Member State and you apply in line with the law for an intra-company employee transfer card in the Czech Republic. Similarly, this applies to family members of holders of an intra-company employee transfer card issued by another EU Member State.
• If you hold a permanent residence permit with EC long-term resident status granted in another EU Member State and you apply in the Czech Republic for: a long-term residence permit for the purpose of family reunification, a long-term residence permit of another EU Member State’s resident, a long-term residence permit for the purpose of scientific research, an employee card or a blue card.

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In what situations does application submission not create a fiction of residence?

Unless your situation is one of those listed in the previous paragraph, your stay in the Czech Republic is not based on the so-called fiction of residence, even though you submitted an application.

In most cases, a fiction of residence is not created by application for a permanent residence permit or for a visa for the purpose of leave to remain.

Similarly, this applies to applications for a permanent residence permit for the purpose of family reunification (child of a foreign national with a permanent residence permit). Sole application for a permanent residence permit does not create a fiction of residence.