Proof of accommodation
Document on ownership of a flat or house
- Such a document will be an original or a notarised copy of the statement from the property register or a purchasing agreement indicating the clause on the entry of ownership rights into the property register. The administrative body also accepts a statement from the property register’s publicly accessible internet database, or a declaration on ownership of property with a precise indication of the municipality, part of the municipality and the house number or record number and, for a flat, an identification of the housing unit under which the flat is entered in the property register. If it is not possible to duly confirm ownership of this property on this basis, the administrative body will require the foreign national to provide some of the above documents.
- If the applicant is a mutual co-owner of a property or owner of a property in the joint assets of a married couple, it is not necessary to have the agreement of the other mutual co-owners or the other spouse.
- If the foreigner proves that his/her spouse is owner of a property, which does not constitute joint assets of a married couple, and the couple has a joint household in this property (family household), it is not necessary to submit a confirmation of the foreigner`s spouse on consenting to the applicant`s accommodation. Similarly, if the application is a minor living in a joint household with a parent, who is the owner of the property, it is sufficient to prove the ownership of the property by the parent, without the necessity to submit further documents (such as a confirmation of the parent on consenting to the minor`s accommodation).
Document on entitlement to use a flat or house
- Such a document will be an original or a notarised copy of the rental agreement, sub-letting contract, accommodation agreement or an agreement with similar content.
- A condition is that the agreement must be valid (e.g. in the case of an agreement for a set period, a supplement on its extension).
- If a sub-letting contract entered into by the applicant and the flat’s tenant, in accordance with § 2274 through § 2278 of the Civil Code (pdf, 4 MB), is used as proof of accommodation, it is also necessary to provide a document on the existence of a rental agreement between the owner of the property and the tenant, with whom the applicant has signed a sub letting agreement (usually by simultaneously presenting the rental agreement). It is no longer necessary to submit the landlord`s written consent to enter into a sub letting contract.
- A notary verification of the contractual parties’ signatures is not a legal condition for the contract’s validity.
- If the applicant presents a rental agreement where he/she is not the tenant, but is explicitly stated as a member of the tenant`s household, such a document can be considered sufficient without demanding further confirmation of the landlord on consenting to this person`s accommodation in his/her property/flat.
- If the applicant presents a rental agreement where the tenant is his/her spouse or a parent, if the applicant is a minor, no other document is necessary and the rental agreement suffices, even if the applicant is not indicated in it. It is not necessary to submit further confirmation of a spouse or a parent of a minor on consenting to his/her accommodation, nor a consent of the landlord to accommodation of this applicant in his/her flat.
- If the applicant is a co-tenant, i.e. the property is “jointly rented” in the sense of § 2270 of the Civil Code, then the applicant does not need an agreement of the other co-tenants of the flat. The rental right (and the associated right to use the flat) is testified to from the title of co-tenancy.
Written confirmation of an owner or authorised user of a flat or house on consenting to a foreign national’s accommodation
- The written confirmation of an owner or authorised user of a flat or house shall be supplemented with his/her notarised signature, unless it is signed in front of an MOI employee.
- The written confirmation of an owner or authorised user of a flat or house need not be supplemented with his/her notarised signature in the case of an application for a certificate of temporary residence of an EU citizen or a temporary residence permit of an EU citizen’s family member.
- The written confirmation of the owner or authorised user of the flat or house need not be supplemented with his/her notarised signature if it is submitted electronically. In such a case, the electronic confirmation (not solely the email in which the confirmation was sent) must be signed by a secure electronic signature of the owner or the authorised user of the flat or house, or it must be supplied without an electronic signature, but by means of a data box of the person who is the owner or authorised user of the flat or house. More information can be found below in the Electronic confirmation of proof of accommodation section
- In case of mutual co-ownership or joint assets of a married couple), MOI will accept such document, even if the confirmation does not include signatures of the co-owners (a majority according to their shares in the property`s ownership) or a signature of a spouse, without further demanding the consent of the co-owners or the spouse, that being on the basis of § 574 and § 586 of the Civil Code.
- In case the person confirming accommodation is a co-tenant i.e. the flat is “jointly rented” in the sense of § 2270 of the Civil Code (pdf, 4 MB) or a co-tenant of a flat in case of spouses, § 745 of the Civil Code, then it is sufficient to present a consent (or, a signature on the confirmation) of one of the co-tenants, or the other spouse, that being on the basis of § 574, § 586 a § 748 of the Civil Code.
- If the provider of accommodation is not the owner, but an authorised user of the flat or house (e.g. a leaseholder), it is necessary to support the legitimacy to provide accommodation primarily by submitting a valid rental agreement between the leaseholder and the owner of the property or another document by which the owner of the property confirms the legitimacy of the accommodation provider’s use of the flat or house.
- If the proof of accommodation is not signed directly by the owner or the authorised user of the flat or house, but another person is empowered to sign the proof of accommodation, this empowerment must also be added to the application and the signature of the owner or authorised user of the flat or house for such power of attorney must be notarised.
- If the owner or the authorised user of the flat or house is a legal entity (e.g. a company) and the confirmation is signed in its name by a natural person authorised to act in its name (e.g. the managing director of a PLC), then, in this case, the signature of the natural person signing the confirmation must be notarised (despite the fact that, for instance, the legal entity stamps the confirmation).
Electronic confirmation of proof of accommodation
- In the event of an electronic confirmation of accommodation, it must be signed by a secure electronic signature of the authorised person, or it must be supplied without an electronic signature, but by means of the owner’s data box. A confirmation delivered without a secure electronic signature by means of a data box must therefore always be delivered to the MOI/MFA by means of a data box of the person providing accommodation (authorised person). The confirmation of accommodation with a secure electronic signature can be either sent by the person providing accommodation (authorised person) or by the foreign national to whom it relates. If the confirmation in electronic form with a secure electronic signature is provided to the foreign national on behalf of the person providing accommodation, the foreign national can also bring this confirmation when filing the application on a data carrier (e.g. flash disk). If the confirmation of accommodation meets the above conditions, it is not necessary to have a notarised signature of the authorised person.
- If the application is filed at a regional office of the MOI, confirmation of accommodation can be submitted electronically at the MOI electronic mail room firstname.lastname@example.org or by means of a data box to the MOI ID address 6bnaawp.
- If the application is filed at an embassy, the confirmation of accommodation can be submitted electronically to the electronic mail room email@example.com of the Ministry of Foreign Affairs or by means of their data box at the ID address e4xaaxh. The report must contain a precise specification of the embassy or consulate general where the application is to be filed. Without this, the confirmation cannot be delivered.
- The document must be sent to the embassy/consulate BEFORE filing the application (with sufficient time in advance).
The accommodation building must be indicated by a house number or a registration number, if needs be a descriptive number, and it must be intended for habitation or recreation in accordance with the Building Act.
Forms for accommodation: