A child born in the Czech Republic
If a foreign national gives birth in the territory of the CR and the child gains citizenship of the CR in accordance with valid legal regulations (e.g. born to a mixed marriage with a citizen of the CR), the following procedure does not apply to this case.
If a foreign national gives birth in the territory of the CR and the child does not gain citizenship, the following procedure depends on whether the foreign national will further be staying in the territory of the CRor not. A foreigner born in the territory of the CR is entitled to temporarily stay in the territory for the period of stay of his/her legal representative, at most 60 days from the day of birth. The following situations may occur:
1) Birth of a foreign national – non-EU citizens who will be leaving the territory of the CR within 60 days of their birth
If the foreign national born in the territory of the CR departs within 60 days from the day of birth, his/her legal representative is not obliged to file an application on his/her behalf, despite the fact that the legal representative resides in the territory on a visa (short-term, long-term) or a long-term residence permit.
2) Birth of a foreign national – non-EU citizens who will remain in the territory of the CR
a) If the legal representative of a foreign national born in the territory of the CR is staying on a short-term visa, within 60 days he/she is required to file an application on behalf of the newly born foreign national for a short-term visa at the Foreign Police based on their address. This requirement does not apply if the foreign national born in the territory of the CR departs within 60 days from the day of birth.
b) If the legal representative of a foreign national born in the territory of the CR is staying on a long-term visa, within 60 days he/she is required to file an application on behalf of the newly born foreign national for a long-term visa at the MOI office based on their address. The application form is completed in the name of the newly born foreign national. This requirement does not apply if the foreign national born in the territory of the CR departs within 60 days from the day of birth.
c) If the legal representative of a foreign national born in the territory of the CR is staying on a long-term residence permit, within 60 days he/she is required to file an application on behalf of the newly born foreign national for a long-term residence permit at the MOI office based on their address. The application form is completed in the name of the newly born foreign national. This is also applicable in the case where one of the newly born foreign national’s legal representatives has a long-term residence permit and the other a permanent residence permit, where it does not concern family unification with the legal representative with permanent residence or if an application for permanent residence was not filed.
d) If the legal representative of a foreign national born in the territory of the CR is staying on a permanent residence permit, within 60 days he/she is required to file an application on behalf of the newly born foreign national for a permanent residence permit (for the purpose of family unification) if the case is family unification with this legal representative. If the application is filed within the deadline, the foreign national’s residence, from the time of his/her birth to the instant the decision comes into effect (and thenceforth if the decision is positive), is understood to be permanent, which means that the child will fall under the public health insurance system.
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 newly born foreign national’s legal representative, residing on a long-term visa, long-term or permanent residence permit, must, however, inform the MOI CR of these reasons without delay. A newly born foreign national’s legal representative residing on a short-term visa must immediately inform the Foreign Policedepartment based on their address. If these conditions for extending the deadline are not met, it is necessary to consider the application as inadmissible (filed late). In the case of an application for a long-term or permanent residence permit, this results in the process being suspended, or it results in a visa not being granted and the subsequent necessity to depart. It may also result in the validity of the long-term visa or long-term or permanent residence permit being evoked for the legal representative of the newly born foreign national who did not file the application on behalf of the newly born foreign national on time.
The application for a residence permit or a visa is filed in the Czech Republic at the MOI offices / Foreign Police respectively.
The application requirements are:
- Atravel 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,
- A document on travel medical insurance for the period of stay in the CR. This can be replaced by an affidavit from the legal representative that he/she will cover the costs associated with providing the child with health care (only applicable in the case of an application for a short-term or long-term visa, not in the case of an application for long-term or permanent residence).