Permanent residence

 Česky

Permanent residence permit for a family member of an EU citizen - non-EU citizen

As a third-country national who is a family member of an EU (i.e., including CZ) citizen, you can request the issuance of a permanent residence permit after five years of continuous temporary residence on the territory of the CZ.
 

Conditions for issuing a permanent residence permit

To obtain this permit you must meet these conditions:

1. You must be a family member of an EU citizen,

2. 5 years of continuous temporary residence in the Czech Republic,

3. All of the requirements given below must be submitted with the application.

4. There shall be no reasons for refusing or suspending the processing of your application.
   
   

Filing an application

n application for permanent residence can be filed at the MOI offices. With regards to the possible personal contact with the office where the application was filed, it is best to file the application at the office near to where you are registered. The application must be submitted in person.

You should submit the application on a completed form along with all the necessary requirements given below:

1. a travel document (it is necessary to submit an original),

2. a document confirming the fact that you are a family member of an EU citizen,

3. a document conforming meeting the condition of 5 years of continuous temporary residence,

4. 2 photographs,

5. a proof of accommodation,

6. a document on ensuring of funds for permanent residence in the territory if you are a so-called extended family members,

7. an application fee CZK 200,-.
   
   

The requirements for the application shall not be older than 180 days with the exception of the travel document, public documents (i. e. a birth certificate, marriage notarial act etc.) and the photograph of the applicant if it corresponds to his/her actual appearance. All the documents have to be submitted in originals or notarized copies. Travel document and public documents must be always submitted in the original. All of the presented documents have to be made out in the Czech language or Slovak language or officially translated into Czech.
 

The application procedure

The application procedures are governed by the Act on the Residence of Foreign Nationals (pdf, 1.8 MB), the Administrative Procedure Code (pdf, 549 kB), and any other associated acts.

If the specified requirements were not submitted with the application or the application has other discrepancies, the MOI worker accepting the application from the foreign national will help in removing these discrepancies or invite them back to remove the discrepancies giving an adequate deadline for this and inform them of the consequences of not removing the discrepancies within the deadline, at the same time the proceedings for such an application can be halted.

It is possible to submit any missing requirements in person, by means of your proxy or by post. The documents that you have been asked to submit should always be submitted within the set deadlines. Not providing the requirements is a reason for suspending the application procedure. Naturally, during the procedure you can submit any other documents that you consider important for your application. Remember that travel documents must be submitted in person.

The Act on the Residence of Foreign Nationals (pdf, 1.8 MB) sets a deadline of 60 days from filing the application in the Czech Republic, during which the MOI is required to make a decision on your application. If the procedure is halted, the deadline for making a decision is also halted. This deadline is also halted or is extended in other legally set cases.

At any time during this procedure you can ask to inspect the documentary material and familiarise yourself with it. You can also be called upon by the Ministry to familiarise yourself with the documents before issuing a decision.
 

Decision on issuing a permanent residence permit

If the application is granted, the applicant is called upon by the Department of asylum and migration policy of the MOI CR by telephone or in writing to prepare the information necessary for the issuance of a permanent residence card or residence permit, including the acquisition of biometric data. If you cannot be contacted by telephone, you will be contacted upon in writing at the address which you gave in the application as the contact address. If you do not come to have your biometric data scanned or do not subsequently come to collect the document, the proceedings will be halted.

A permanent residence card and residence permit are public documents - they are issued as documents containing a data carrier containing biometric data. A permanent residence card and residence permit are issued with a validity of 10 years, and their validity can be extended by another 10 years, even repeatedly.

The MOI informs the Central Office of the General Health Insurance Provider of the Czech Republic of the day the decision on permanent residence permit came into legal effect and you will be automatically entered into the register of General Health Insurance Provider policyholders. On the day the decision on permanent residence permit comes into legal effect, the Act on Public Health Insurance will relate to you, including the rights and obligations ensuing from this Act.
 

A decision to reject an application for issuing a permanent residence permit

The MOI will reject an application for a permanent residence permit, if

1. there is reasonable risk that the applicant could endanger state security or seriously disrupt public order,

2. the applicant circumvented the Act on the Residence of Foreign Nationals with the aim of obtaining a permanent residence permit, (e.g. he/she intentionally entered into marriage or intentionally declared his agreement with fatherhood),

3. the applicant committed fraudulent conduct to obtain a permanent residence permit,

4. the applicant is registered in the register of undesirable persons and there is still reasonable risk that during his/her stay in the Czech Republic he/she could endanger state security or seriously disrupt public order,

5. the applicant endangers public health as he/she suffers from a serious illness if he/she requested a permanent residence permit without the condition of previous temporary residence in the Czech Republic and such an illness was contracted within 3 months of entering the Czech Republic,

6. the applicant is included in the Schengen Information System, if it concerns a family member of an EU citizen who is not an EU citizen, and the relevant body that included the foreign national into this system provides additional information, assessment of which indicates that there is still a reasonable risk that during his/her stay in the territory of another Schengen state he/she could threaten its security or seriously disrupt public order, or

7. the applicant did not meet the general conditions for issuing a permit.
    

If the application is rejected, the decision about the rejection of the application will be sent by post to the address given in the application as the contact address. You may appeal against this decision in compliance with the notes given in the decision.

As a third-country citizen and also so-called immediate family member of a CR citizen (section 15a (1) and (2)) with permanent home address on the territory or immediate family member of an EU citizen who has been granted permanent residence on the territory, you can also submit an application for permanent residence on the territory of the Czech Republic after, for example, two continuous years of temporary residence on the territory if you have been this family member for at least one year. Along with the application, submit these requirements:

1. a travel document (it is necessary to submit an original),

2. a document confirming the fact that you are a family member of an EU citizen,

3. you must meet the condition of 2 years of a continuous temporary residence, and you have to be a so-called immediate family member for at least one year concurrently,

4. 2 photographs,

5. a proof of accommodation,

6. an application fee CZK 200,-.

  

Department for Asylum and Migration Policy, October 15th, 2021

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