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A child born in the Czech Republic

 Česky

If a foreign national gives birth in the territory of the CZ and the child gains citizenship of the CZ in accordance with valid legal regulations (e.g. born to a mixed marriage with a citizen of the CZ), the following procedure does not apply to this case.

  

1) Birth of a foreign national - EU citizen

If an EU citizen is born, the same rights apply to him/her as to all EU citizens and therefore his/her legal representative is not obliged to apply for any residence permit to stay in the Czech Republic.

a) If the EU citizen born in the territory of the CZ is to stay in the Czech Republic for more than 3 months, his/her legal representative can apply at the MOI office based on their address for a Registration certificate.

Application requirements are:

  • travel document; can be substituted by submitting a travel document of the foreign national (legal representative), in which the child is entered,
  • 2 photographs,
  • proof of health insurance,
  • proof of accommodation,
  • a document confirming the child is a family member of an EU citizen (birth certificate) - if he/she will apply for a Certificate as a family member of an EU citizen who will live jointly with the EU citizen in the territory of the CZ.
     

b) If the legal representative of the EU citizen born in the territory of the CZ holds a Permanent residence permit, they can apply at the MOI office based on their address for a Permanent residence permit on humanitarian grounds (for the purpose of family unification with the legal representative with Permanent residence). If the application is filed within 60 days of the child’s birth, the child will fall under the public health insurance system from the time of its birth to the instant the decision comes into effect (and thenceforth if the decision is positive).

Application requirements are:

  • the child’s travel document; can be substituted by submitting a travel document of the foreign national (legal representative), in which the child is entered,
  • the child’s birth certificate.
     

The 60 day period for submitting the abovementioned application is understood to be extended if submission was prevented for reasons outside of the foreign national’s control, the extension being until these reasons pass. The permanently resident legal representative of the foreign national born in the CZ must, however, inform the Ministry of Interior of the Czech Republic of these reasons without delay.

If the application for a Permanent residence permit is not submitted within 60 days from the birth of the EU citizen, or if the conditions for extending this period are not met, it is possible to apply for a Registration certificate or  for a permanent residence permit for an EU citizen on humanitarian grounds (for the purpose of family unification with the legal representative with a Permanent residence permit).

In such a case, the EU citizen will only fall under the public health insurance system if permanent residence is granted and that being from the instant of a legitimate issuance of the permit.

In this case the requirements for an application for a Permanent residence permit are:

  

2) Birth of a foreign national - family members of EU citizens who themselves are not EU citizens

A foreign national born in the territory of the CZ who is a family member of an EU citizen and is not him/herself an EU citizen is likewise qualified to reside temporarily without a visa/residence permit in the territory of the CZ for the time of his legal representative’s residence, at most for 60 days from the day of birth.

a) If a family member of an EU citizen, who is not an EU citizen, wants to reside together with the EU citizen for a period longer than 60 days, the legal representative (EU citizen) is obliged to apply, on behalf of the newly born foreign national, at the MOI office based on their address for a Temporary residence permit for a family member of an EU citizen.

Application requirements are:

b) If the legal representative of the EU citizen born in the territory of the CZ holds a Permanent residence permit, they can apply at the MOI office based on their address for a Permanent residence permit on humanitarian grounds (for the purpose of family unification with the legal representative with Permanent residence). If the application is filed within 60 days of the child’s birth, the child will fall under the public health insurance system from the time of its birth to the instant the decision comes into effect (and thenceforth if the decision is positive).

The legal representative of a family member of an EU citizen does not have an obligation to apply for a Permanent residence permit on their behalf if they will settle for applying for a Temporary residence permit for a family member of an EU citizen for the purpose of family unification with this legal representative (EU citizen).

The application requirements for a Temporary residence permit are

  • travel document of the child; can be substituted by submitting a travel document of the foreign national (legal representative), in which the child is entered,
  • child’s birth certificate.
     

The 60 day period for submitting the abovementioned application is understood to be extended if submission was prevented for reasons independent of the foreign national’s will, the extension being until these reasons pass. The permanently resident legal representative of the foreign national born in the CZ must, however, inform the MOI CZ of these reasons without delay.

  


Department for Asylum and Migration Policy, August 4th, 2021

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