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Načítavání obsahu
Načítavání obsahu
Temporary Residence Permit of an EU Citizen’s Family Member
A temporary residence permit of an EU citizen’s family member is type of a residence permit for stays longer than 90 days intended for third countries citizens who are family members of EU citizens, citizens of Norway, Liechtenstein, Iceland, Switzerland and the Czech Republic, and subject to conditions also for citizens of the United Kingdom.
GENERAL INFO
TO APPLY IN CZECHIA
EXTENSION
Who can apply for this residence permit?
You can apply for a temporary residence permit of an EU citizen’s family member if you are a family member of an EU citizen and you are going to stay in the Czech Republic for a period longer than 90 days.
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 an 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 an 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 this permit valid for?
The maximum validity of the permit is 3 or 5 years.
What does a residence permit look like?
Residence card
A residence card is issued for the expected duration of the EU citizen’s residence in the Czech Republic, but for the maximum of 5 years. 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.
Example: A citizen of the Czech Republic moves to Austria for work. There he registers as an EU citizen residing in the country for a period longer than 3 months. By doing this, he exercises his right of free movement. He meets an Australian citizen who studies in Austria and they get married or they have a child. The Czech citizen moves back to the Czech Republic for work reasons and has a permanent residence there. The Australian citizen, therefore, applies for a temporary residence permit in the Czech Republic and can acquire a residence card.
Residence permit
A residence permit is issued for a maximum of 3 years. It is intended for close family members of citizens of Iceland, Liechtenstein, Norway and Switzerland, citizens of the Czech Republic who did not exercise the right of free movement and, in general, for distant family members.
What obligations and restrictions does this residence permit mean?
For the duration of your residence permit, you must reside in the country with an EU citizen and you must also follow the obligations for foreigners stipulated by law.
If your application is granted, an employee of the Ministry of the Interior will apply for a personal identity number for you. This does not apply to foreigners who have already received a personal identity number.
Who can apply for a temporary residence permit of EU citizens’ family members?
Family members of EU citizens, citizens of Iceland, Liechtenstein, Norway and Switzerland. Also family members of citizens of the United Kingdom if these citizens were staying legally in the Czech Republic by December 31st 2020.
How and where can you apply?
You must submit the application for a temporary residence permit of an EU citizen’s family member in person at a Ministry of the Interior office.
When do you have to submit the application?
You must submit the application at the latest within 3 months from the date you entered the Czech Republic or from the date your previous residence permit expired. If you become a close family member of an EU citizen only when already residing in the Czech Republic, you must submit the application within 3 months from the date you have become a close family member of an EU citizen.
During the time when the application is being processed, you are staying in the Czech Republic legally even if your current residence permit expires (for more information please see the section Fiction of residence).
What is the administrative fee?
200 CZK in the form of stamps.
What is the time limit to process the application?
A maximum of 60 days. The time limit is not running if the proceedings are suspended or if there is a legal ground for it.
STEPS TO FOLLOW IN ORDER TO APPLY FOR A RESIDENCE PERMIT IN THE CZECH REPUBLIC:
1. Prepare necessary documents
If you are a close family member, in order to apply you will need:
Certificate of the EU citizen’s residence in the country (it is not required if he/she holds a registration certificate or a permanent residence permit)
Certificate of the EU citizen’s residence in the country (it is not required if he/she holds a registration certificate or a permanent residence permit)
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.
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, submit the application without an appointment. Please see your office’s (according to your reported address) opening hours to find out when you can visit the office without an appointment.
4. Submit the application
You must submit the application 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). Once you have submitted the application, 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.
During the time when the application is being processed, you are staying in the Czech Republic legally (for more information please see the section Fiction of residence). At the Ministry of the Interior offices you can also apply for a certificate confirming permission for your residence (bridging visa). A bridging visa allows you, for example, to leave the Czech Republic and return again during the time when your application is being processed.
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 temporary 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
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 and 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.
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 (biometric card). The time limit for collection is 60 days from the date you had your biometric data collected.
Under what conditions can you apply for an extension of the validity of your residence permit or residence card?
You can apply for an extension of the validity of your residence permit or a residence card repeatedly if you are going to keep on residing in the Czech Republic and you are still an EU citizen’s family member or you are residing with him/her in the Czech Republic. There are exceptions to this rule.
you are still a family member of an EU citizen (e.g. an original of a marriage certificate, birth certificate, decision of a competent authority on custody or a decision on adoption of a child), or
you are residing in the country together with an EU citizen (lease agreement), or
an exception applies to you and you can keep on staying in the country even if your relation to the EU citizen has ceased to exist
you are still a family member of an EU citizen (e.g. an original of a marriage certificate, birth certificate, decision of a competent authority on custody or a decision on adoption of a child), or
you are residing in the country together with an EU citizen (lease agreement), or
an exception applies to you and you can keep on staying in the country even if your relation to the EU citizen has ceased to exist.
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 or by 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.
4. 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 temporary 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.
5. Learn the result of the administrative proceedings
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.
Your rights: It informs you on how to proceed if you wish to appeal against the decision.
The decision to close the proceedings consists of three basic parts:
The Statement: It contains specific legal provisions based on which the proceedings were closed.
The Statement of Grounds: It describes the procedure and grounds that led to the proceedings being closed.
Your rights: It informs you on how to proceed if you wish to appeal against the decision.
6. 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.
7. 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.
8. Collect your residence permit (biometric card)
The last step is to collect your residence permit (biometric card). The time limit for collection is 60 days from the date you had your biometric data collected.
