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Načítavání obsahu
Načítavání obsahu
Permanent Residence Permit of an EU Citizen’s Family Member
A permanent residence permit of an EU citizen’s family member is a residence permit intended for third countries citizens who are family members of EU citizens, citizens of Norway, Liechtenstein, Iceland and Switzerland, and subject to conditions also for citizens of the United Kingdom.
A permanent residence permit is a condition for exercising some rights in the Czech Republic – e.g. it is necessary for obtaining a citizenship.
GENERAL INFO
TO APPLY IN CZECHIA
EXTENSION
Who can apply for this residence permit?
As a family member of an EU citizen you can apply for a permanent residence permit:
after 5 years of continuous temporary residence in the Czech Republic, or
after 2 years of continuous temporary residence in the Czech Republic if you are a close family member of an EU citizen who already holds a permanent residence permit or of a Czech citizen who has a permanent residence in the Czech Republic, and at the same time you have been a family member of this EU or Czech citizen for at least 1 year.
There are close and distant family members.
A close family member of an EU citizen is:
a spouse,
a same-sex registered partner,
a parent who is the primary carer of an EU citizen under 21 years of age,
an EU citizen’s offspring (a child, grandchild) who is under 21 years of age,
an offspring of an EU citizen’s spouse who is under 21 years of age,
an EU citizen’s offspring or ancestor (a parent, parent-in-law) who is or immediately before his/her entrance in the Czech Republic was dependent on the support or primary care (satisfaction of essential needs) of the EU citizen,
an offspring or ancestor of an EU citizen’s spouse who is or immediately before his/her entrance in the Czech Republic was dependent on the support or primary care (satisfaction of essential needs) of the EU citizen.
Close family members are also foreigners who are in one of the above-mentioned relations to a Czech citizen who has a permanent residence in the Czech Republic.
A distant family member of an EU citizen is:
another family member (e.g. a sibling, cousin, aunt or uncle) who at the same time:
are supported by the EU citizen in their country of origin, or
are members of the EU citizen’s household in their country of origin, or
require a personal care of the EU citizen for serious medical reasons, or
his/her partner with whom they live together if they provide evidence of the long-term partnership.
Distant family members are also foreigners who are in one of the above-mentioned relations to a Czech citizen who has a permanent residence in the country.
How long is a residence permit valid for?
Family members of EU citizens are issued with a permanent residence permit or a permanent residence card for 10 years and their validity can be extended repeatedly by 10 years. Family members of the citizens of the United Kingdom of Great Britain and Northern Ireland under 15 years of age are issued with a permanent residence permit document for 5 years.
What does a residence permit look like?
Permanent residence card:
It is intended for close family members of EU citizens, and also of Czech citizens who exercised the right of free movement – that is citizens who settled down in another EU Member State where they entered into a relationship with a third country national who then has become their family member and now they are returning to the Czech Republic together.
Residence permit document:
It is intended for close family members of the citizens of Iceland, Liechtenstein, Norway and Switzerland and, in general, for distant family members. It is also intended for the family members of Czech citizens who did not exercise the right of free movement. A residence permit document is also issued to family members of the citizens of the United Kingdom of Great Britain and Northern Ireland who meet the given conditions.
What does this residence permit enable you to do?
Persons with permanent residence have access to the public medical insurance, have a right to social welfare benefits and a right to work and do business.
Can you apply for this type of residence even if you have no visa or residence permit in the Czech Republic?
Family members of EU citizens, citizens of Iceland, Liechtenstein, Norway and Switzerland. Also family members of the citizens of the United Kingdom if these citizens were staying legally in the Czech Republic by December 31st 2020. You can apply for a permanent residence permit:
after 5 years of continuous temporary residence in the Czech Republic,
as a close family member also after 2 years of continuous temporary residence in the Czech Republic. This applies if for 1 out of the 2 years you have been a family member of a Czech citizen who has permanent residence in the Czech Republic or of an EU citizen who already holds a permanent residence permit.
Without the condition of previous residence you can apply if:
you are a bereaved person after a Czech citizen who had a permanent residence in the Czech Republic,
you are a bereaved person after an EU citizen who worked in the Czech Republic and at the same time:
had resided continuously for at least 2 years in the Czech Republic, or
his/her death was caused as a result of a work accident or an occupational disease, or
after having married this citizen, you have lost Czech citizenship or you have obtained his/her citizenship;
you are applying for humanitarian reasons (e.g. you are taking care of an EU citizen who cannot take care of himself/herself due to his/her health condition, you are applying for a child born in the Czech Republic),
your residence is in the interest of the Czech Republic.
A continuous residence in the Czech Republic means that your absence from the country shall not exceed 6 months a year, or if it does, there are serious reasons for it.
You can fill in the application form online. Then print out the filled-in form and sign it.
You can also download a blank application form, print it out and fill it in by hand – it must be filled in legibly, in block capitals and in Latin characters. You can also collect the form free of charge at one of the offices of the Ministry of the Interior.
3. Make an appointment to go to a Ministry of the Interior office
Make an appointment online or by phone beforehand in order to submit your application. Although a timely appointment reservation saves your time, it is not a necessary condition for submitting the application – with no appointment reservation you have to wait for your turn.
4. Submit the application
You must submit the application for a permanent residence permit in person at a Ministry of the Interior office. Applicants under 15 years of age must submit their applications through one of their legal representatives (most frequently through one of their parents).
If you submit the application in person, you will receive a slip confirming the submission and a reference number assigned to your application. You need to know the reference number, for example, to be able to track the state of your proceedings.
5. Wait for the decision
The Ministry of the Interior will assess your application in administrative proceedings. If any errors are detected in the attached documents, you will be prompted in writing to remedy such errors. In the notice, the Ministry will explain in detail what the errors are and what you have to do to remedy them. It will also set a time limit for you to do so. When justified and if you apply for it in writing, this time limit can be extended.
The Ministry of the Interior also checks if you meet the requirements to obtain the residence permit you are applying for. In such case, you may be invited for an interview or a residence check can be carried out at your place. A residence check is carried out in order to verify that the foreigner is really staying at the address stated in the residence permit application.
In the course of the administrative proceedings you can:
You can track the state of your proceedings online on the website under Application submitted or in your personal account. If you were prompted to provide documents or to remedy errors, the time limit for processing your application is not running until the errors are remedied or for as long as it is established in the notice.
6. Learn the result of the administrative proceedings
Being processed: No decision has been taken yet. For more information on what you can do in the course of the administrative proceedings please see the previous section.
Granted: The Ministry’s decision is affirmative. Please see the following section.
Rejected: The Ministry rejected your application or closed the proceedings. In such a case you will receive the decision in writing. You can appeal against the decision within 15 days of the date you were notified of the decision.
The decision to reject the application consists of three basic parts:
The Statement: It contains specific legal provisions based on which the application was rejected. It may also advise you that you must leave the country, including the time limit in which you must do so.
The Statement of Grounds: It explains why the application was rejected and what documents and proofs served as grounds for the decision on your application.
7. Make your appointment to have your biometric data taken
If the application is granted, make an appointment by phone to have your biometric data taken. Please note that the appointment you have made is binding and you must follow the Administrative Procedure Code when requesting a reschedule or cancellation.
8. Come to have your biometric data taken
Come to your appointment to have your biometric data taken and take your travel document with you. At your appointment, you will be told when to come and collect your card when it is ready.
9. Collect your residence permit (biometric card)
The last step is to collect your residence permit document or permanent residence card (biometric card). The time limit for collection is 60 days from the date you had your biometric data collected.
You can fill in the application form online. Then print out the filled-in form and sign it.
You can also download a blank application form, print it out and fill it in by hand – it must be filled in legibly, in block capitals and in Latin characters. You can also collect the form free of charge at one of the offices of the Ministry of the Interior.
3. You can send the application or you can make an appointment at a Ministry of the Interior office
If you wish to submit the application in person, please make an appointment online orby phone beforehand. Attention: a lack of free appointment slots will not be considered as a reason for a late application submission. If the offered appointment slot is after your time limit for submitting the application expires, send the application by post, Data Box or by e-mail with an advanced electronic signature, or visit a Ministry of the Interior office during opening hours without an appointment – with no appointment reservation you have to wait for your turn.
If you are not going to submit your application in person, the date of its posting or the date of its sending by Data Box or email is important for complying with the given time limit. You must hand over the application to a post licence holder (most commonly a post office) at the latest within 15 days from the date your document’s validity expired. We recommend, however, not to leave the submission for the last moment.
4. Go to a Ministry of the Interior office
When submitting the application in person, you will schedule an appointment in order to have your biometric data taken. Come to your appointment and take your travel document with you. At your appointment, you will be told when to come and collect your card when it is ready.
If you do not submit the application in person, wait for the Ministry to process your application. If the application is in order, you will be prompted to come and have your biometric data taken.
If the Ministry detects an error in the application or in the attached documents, you will be prompted in writing to remedy such errors. In the notice, the Ministry will explain in detail what the errors are and what you have to do to remedy them. It will also set a time limit for you to do so. When justified and if you apply for it in writing, this time limit can be extended.
In the course of the administrative proceedings you can:
a) Being processed: No decision has been taken yet. For more information on what you can do in the course of the administrative proceedings please see the previous section.
b) Granted: The Ministry’s decision is affirmative. Please see the following section.
c) Rejected: The Ministry rejected your application or closed the proceedings. In such case you will receive the decision in writing. You can appeal against the decision within 15 days from the date you were notified about the decision. If you need help, you can turn to the Integration centre or other NGOs.
The decision to reject the application consists of three basic parts:
The Statement: It contains specific legal provisions based on which the application was rejected. It may also advise you that you must leave the country, including the time limit in which you must do so.
The Statement of Grounds: It explains why the application was rejected and what documents and proofs served as grounds for the decision on your application.
The last step is to collect your residence permit document or permanent residence card (biometric card). The time limit for collection is 60 days from the date you had your biometric data collected.
