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Time periods and computations of time

 Česky

Computation of time periods for performance of certain acts in the proceedings is governed by Section 40 of the Administrative Procedure Code.

If any doubts concerning meeting deadlines exist, i.e. the post office might have lost the delivery note for the rejection of the application and fails to find it even after complaint and the applicant lodges an appeal (it is therefore clear that the decision has been delivered to him/her, but it is not clear whether the appeal was lodged within the deadline), the deadline shall be considered to be satisfied unless proved otherwise (see Section 40(2) of the Administrative Procedure Code.

If the MOI CR sets a deadline for performing an act, e.g. eliminating errors in the application within the bounds of necessity and the applicant applies for an extension of the deadline, the MOI CR may, after administrative consideration, reasonably prolong the deadline (unless this involves obvious intentional prolonging of the proceedings).

The standard periods allowed for issuing a decision on an application for residence permit are stipulated in Section 169t of the Act on the Residence of Foreign Nationals.

The time period for issuing a decision under Section 65(4) of the Administrative Procedure Code ceases to elapse for the period for which proceedings have been suspended. The time period for issuing a decision ceases to elapse from the moment at which any grounds for suspension specified in Section 64(1) of the Administrative Procedure Code have arisen (e.g. proceedings have been suspended due to proceedings underway regarding a preceding matter and were commenced prior to submission of the application – the time period for issuing a decision therefore did not start to elapse whatsoever). If proceedings have been suspended, the time period for issuing a decision will expire no earlier than 15 days from the date on which the proceedings ceased to be suspended; this applies also in a situation where proceedings have been suspended when the remaining time period for issuing a decision had been less than 15 days.

The time limit for issuing the decision ceases to elapse also when the application is imperfect and the written notice about its deficiencies is issued.  The time limit will start to run again as soon as the deficiencies of the application are remedied or when they are not remedied and the deadline set out by the notice expired.
 

Standard time periods for issuing a decision:






Type of application





Submitted to an embassy




Submitted in person in the Czech Republic 
Submitted in the Czech Republic by post (the time period elapses from the beginning of the proceedings - what is a day of delivery to MOI as a respective administrative body)
Submitted in the Czech Republic via data box / e-mail with guaranteed electronic signature





Legal basis
Visa for a stay of up to 90 days Within 15 days of the date of submission of an application x x x Art. 23 of the Visa Code point 1
Visa for a stay of over 90 days 90-120 days from date of submission x x x Section 169t par. 2 of ARFN
Visa for a stay of over 90 days for the purpose of studies, teching activities and scientific research, or Seasonal Work 60 days from date of submission x x x Section 169t par. 2 of ARFN
Extension of length of validity of the visa and extension of length of stay on a visa for a stay of over 90 days x< 14 days from date of submission x x Section 169t par. 4 of ARFN
Long-term residence permit for a resident of another EU member state 120 days from date of submission 120 days from date of submission x x Section 169t par. 6 letter a) point 5 of ARFN
Long-term residence permit for family reunification 270 days from date of submission 270 days from date of submission x x Section 169t par. 6 letter a) point 6 of ARFN
Long-term residence permit for the purpose of studies , scientific research, family member of scientific researcher 60 days from date of submission 60 days from date of submission x x Section 169t par. 6 letter a) point 2 of ARFN
Long-term residence permit - Blue Card 90 days from date of submission 90 days from date of submission x x Section 169t par. 6 letter d) of ARFN
Long-term residence permit for family reunification with a Blue Card holder, or Long-term residence permit, purpose investing 90 days from date of submission 180 days from date of submission x x Section 169t par. 6 letter a) point 4 of ARFN
Employee Card 60 days from date of submission, 90 days from date of submission in especially complex cases, or if MOI CR requested a binding opinion 60 days from date of submission, 90 days from date of submission in especially complex cases, or if MOI CR requested a binding opinion x x Section 169t par. 6 letter c) of ARFN
Long-term residence permit submitted in the Czech Republic x 60 days from date of submission x x Section 169t par. 6 letter a) point 5 of ARFN
Extension of long-term residence permit granted for the same purpose   x 30 days from date of submission  30 days from date of delivery to the MOI CR 30 days from date of delivery to the MOI CR Section 71 of Administrative Procedure Code(APC)
Registration certificate    x 30 days from date of submission 30 days from date of delivery to the MOI CR 30 days from date of submission Section 71 Administrative Procedure Code
Temporary residence permit for a family member of an EU citizen  x 60 days from date of submission x x Section 169t par. 6 letter f) of ARFN 
Permanent residence permit 180 days from date of submission 60 days from date of submission x x Section 169t par. 6 letter g) point 1,2,3 of ARFN
Extension of length of stay on a visa for a stay of over 90 days, purpose patience x 30 days from date of submission x x Section 169t par. 4 of ARFN
Time period for issuing a decision ceases to elapse on the date on which any of the grounds for suspension of proceedings occurs and does not end earlier than 15 days from the date on which suspension of proceedings ended.

  


Department for Asylum and Migration Policy, November 10th, 2021

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