RESIDENCY IN THE CZECH REPUBLIC Information for citizens of the European Union countries and their family members

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This information leaflet is intended for EU citizens and their family members and provides information regarding residence in the Czech Republic. It serves for basic orientation in the current Act on the Residence of Foreign Nationals in the Czech Republic (CR) (Act No. 326/1999 Coll., on the residence of foreign nationals in the territory of the Czech Republic and on the amendment to some laws, as amended – hereinafter the “Act”).

CONTENT: Obligations after arriving in the Czech Republic . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 EU citizen . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 Certificate of temporary residence. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 Permanent residence permit. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 Family member of an EU citizen – third-country national . . . . . . . . . . . . . . . . . 12 Temporary residence permit of a family member of an EU citizen . . . . . . . . . . . 12 Permanent residence permit for a family member of an EU citizen . . . . . . . . . . 14 Travel of family members of EU citizens to other EU/Schengen states . . . . . . . 15 Practical information . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 Further information . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18

For most matters connected with your residence in the CR, the competent body is the Ministry of the Interior, or its regional offices (Foreign Nationals Residence Departments) – hereinafter the “Ministry”.

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Who is an EU citizen? According to the Act, nationals of the following states fall into the category of “EU citizen”: EU Member States (Belgium, Bulgaria, Czech Republic, Denmark, Estonia, Finland, France, Ireland, Italy, Cyprus, Lithuania, Latvia, Luxembourg, Hungary, Malta, Germany, the Netherlands, Poland, Portugal, Austria, Romania, Greece, Slovakia, Slovenia, Spain, Sweden and the United Kingdom), Iceland, Liechtenstein, Norway and Switzerland Who is a family member of an EU citizen? (§ 15a) •  the spouse or partner with whom an EU citizen has entered into civil partnership • an EU citizen’s child under 21 years of age or such a child of the EU citizen’s spouse •  a parent of an EU citizen under 21 years of age whom the parent supports and with whom the parent lives in a common household •  a dependent direct relative in the descending or ascending line or such a relative of the spouse of an EU citizen (i.e. dependent parents, grandparents etc. and dependent children, grandchildren etc.) a person is considered dependent if he/she is supported by an EU citizen or by the spouse of such and meets other conditions of the Act as follows: •  he/she is not over 26 years of age and is preparing full-time for his/her future career or is unable to prepare for a future career or perform gainful employment due to an illness or injury, or •  he/she is unable to perform full-time work for reasons of a longterm poor state of health. You shall also be considered a family member if you can reliably prove that: •  you are related to an EU citizen (other than those specified above) and you meet other conditions stipulated by the Act, e.g. you are supported by an EU citizen or are unable to care for yourself without the personal assistance of an EU citizen due to a long-term poor state of health •  you are in a permanent relationship with an EU citizen similar to a family relationship and you live with him/her in a common household. Attention – If you are a family member of a Czech citizen in the above category, the legal rules laid down for family members of EU citizens also apply to you. 4

OBLIGATIONS after Arriving in THE CZECH REPUBLIC After arriving in the Czech Republic you are required to report your place of residence in the Czech Republic if the expected duration of your stay is longer than 30 days (§ 93). In this case you are required to report in person to the office of the Foreign Police local to your place of residence in the CR and complete the relevant form within the following time limits: within 30 days of the date on which you entered the territory of the CR: •  if you are an EU citizen, or •  if you are a family member – a third-country national and the EU citizen, of whom you are a family member is resident in the CR within 3 working days of the date on which you entered the territory of the CR: •  if you are a family member – a third-country national and the EU citizen, of whom you are a family member is not resident in the CR The above obligation does not apply to you if the period of your stay in the CR does not exceed 30 days, or if the person accommodating you reports your place of residence. The reporting duty is also not applicable to citizens under 15 years of age and to special categories of persons (e.g. personnel of foreign diplomatic missions or of international organisations accredited in the CR etc.).

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EU CITIZEN You may stay in the territory of the CR without any special permission simply with a valid travel document or national identity card. In other words, you do not require any visa or residence permit. If you intend to stay in the CR for longer than 3 months, you are entitled, but in no way obliged, to apply for a certificate of temporary residence in the CR. This certificate can simplify your stay in the CR in many ways – for instance, when buying property, opening building savings or arranging pension insurance; it can also help in proving the length of residence in the CR for the purpose of a future application for permanent residence. At the request of the police you are required to identify yourself by presenting: •  a travel document, national identity card or other document proving your identity, including your citizenship of one of the other EU member states, or •  a permanent residence permit for EU citizens (§ 103/d). If you move to a new address and intend to stay there for a period longer than 180 days, you are required to report this change of address in the CR to the Ministry within 30 days of it occurring. If you intend to terminate your stay in the CR, announce this fact in the same way as announcing a change of address. If you hold a document of residence in the CR (see below), you are required to return this document to the Ministry at latest 3 days before leaving the territory of the CR (§ 103/i).

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Certificate of temporary residence If you decide to apply for a certificate of temporary residence in the CR, do so at a Ministry office by submitting: •  a completed application form •  a valid travel document (or an EU citizen’s national identity card) •  a document confirming the purpose of stay, if for contractual employment, business or other gainful employment or studies (not applicable if you are applying as a family member of an EU citizen) •  1 passport-type photograph •  proof of health insurance; this does not apply if the purpose of stay is for contractual employment, business or other gainful employment •  proof of accommodation in the CR •  a document confirming that you are a family member of an EU citizen (if you are applying as a family member), and if you are a family member under § 15a/1/d, i.e. a dependent direct relative in the descending and ascending line or such a relative of the spouse of an EU citizen (i.e. dependent parents, grandparents etc. or children, grandchildren etc.), then a document confirming that you are a dependent. As EU citizen, you may apply for this certificate at any time; the Act does not specify any time limits. You can prove your residence in the CR with this certificate of temporary residence, whereas the details appearing in it must be correct. You are required to report any changes within the specified periods to the Ministry which will issue a new certificate of temporary residence (§ 87v/3). If you lose the certificate or it is destroyed, stolen or damaged, you are required to report this fact within 3 working days (§ 103/j) to the Ministry which will issue a new certificate – you are required to submit your travel document (or EU citizen’s national identity card) along with this application as well as, if damaged, the existing certificate (§ 87v/1).

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Permanent residence permit You may apply for a permanent residence permit upon meeting the conditions stipulated by the Act (§ 87g)1, mainly after 5 years of continuous temporary residence in the territory of the CR. If you are applying as a family member of an EU citizen, you may submit your application as early as after 2 years of continuous temporary residence in the territory of the CR, if, for at least 1 year, you have been a family member of a CR citizen who is registered for permanent residence in this country, or a family member of an EU citizen who holds a permanent residence permit in the territory of the CR. Your application for permanent residence should be filed at a Ministry office. When applying you are required to submit: •  a completed application form •  a valid travel document (or an EU citizen’s national identity card) •  a document confirming the satisfaction of the legal conditions (§ 87g or § 87h), proving in particular the length of your residence in the territory of the CR and, if applicable, a document confirming that you have been a family member of an EU citizen for at least 1 year •  2 passport-type photographs •  proof of accommodation •  a document confirming that you are a family member of an EU citizen (if you are applying for this permit as a family member). If you meet the conditions, you will be issued a permanent residence permit in the form of a permanent residence card for EU citizens (průkaz o povolení k trvalému pobytu občana EU); with this card you will also receive a confirmation of permitted residence in the territory. The card is issued as an independent document with a validity of 10 years. The validity of the card can be extended by 10 years, even repeatedly (§ 87r).

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while if you apply for permanent residence as a family member of an EU citizen and you yourself are an EU citizen, § 87h also applies

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You are required to apply for an extension of validity of the card within 15 days of its expiry; in this case you are required to submit your travel document and 2 photographs if your appearance has changed (§ 87s). In addition to an application for a change of details appearing in the card, you are required to submit your travel document, residence card and a document proving the required change (§ 87v/3). If the required change cannot be marked into the card, a new card will be issued; in this case you will be required to submit 2 photographs. If you lose your card or it is destroyed, stolen or damaged, you are required to report this fact within the stipulated time limit to the Ministry (§ 103/j) which, on your request, will issue a new card – in this case you are required to submit 2 photographs, your travel document and, if damaged, the existing permit (§ 87v /2). Offices of the Ministry of the Interior – Pracoviště Ministerstva vnitra Offices of the Foreign Police – Pracoviště cizinecké policie

Praha

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Praha V

Nad Štolou 3, Praha 7

Praha IV

7

Koněvova 188/32, Praha 3 9

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1

3 2

Praha II

Olšanská 2, Praha 3

Praha I

Nad Vršovskou horou 88/4, Praha 10

5

Zborovská 1505/13, Praha 5 Zborovská 1505/13, Praha 5

10

4

Praha III

Cigánkova 1861/2, Praha 4

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Offices of the Ministry of the Interior – Pracovišt

Offices of the Foreign Police – Pracoviště cizineck

Liberec

Nám. E. Beneše 58

Jab

Ústí n. L.

Podho

Masarykova 27 Masarykova 29

Chomutov

Ml. Bolesl

Beethovenova 5689 Beethovenova 5689

Štefánikova 13 Štefánikova 13

Karlovy Vary

Cheb

Krymská 47/1598 Závodu míru 16

17. listopadu 2108/40 17. listopadu 2103/40

Praha

Rakovník

Dukelských hrdinů 2319 Dukelských hrdinů 2319

Plzeň

Slovanská alej 2046/26 Slovanská alej 2046/26

Příbram

Žežická 498 Žežická 498

Kutn

Benešov

Jiráskova 801 Jiráskova 801

Klatovy

Randova 34 Nábř. Kpt. Nálepky 412

Hornic Hornic

Jihlava

Písek

Na Výstavišti 377 Na Výstavišti 377

Vrchlického 2627/46 Vrchlického 2627/46

Jindřichů

Janderova 14 Janderova 14

České Budějovice

Pražská třída 1257/23 Pražská třída 1257/23

iště Ministerstva vnitra

cizinecké policie

84/24

blonec nad Nisou

orská 564/62

Trutnov

Horská 78 Horská 78

lav

304 304

Hradec Králové

Ulrichovo nám. 810/4 Ulrichovo nám. 810/4

Pardubice

ná Hora

Šumperk

Boženy Němcové 2625 letiště Pardubice

Havlíčkova 2913/8 Havlíčkova 2913/8

Svitavy

cká 642 cká 642

Havlíčkův Brod

Ostrava

Výstavní 55/117 Výstavní 55/117

Vrchlického 2245/44 Purkyňova 2

Přerov

Štáflova 2003 Nádražní 59

U Výstaviště 3183/18 U Výstaviště 3183/18

6 6

ův Hradec

47/II 47/II

Vsetín

Kroměříž

Brno

Zlín

Březinova 2819

Znojmo

Hlásenka 1516

Pod Vrškem 5360 Třída Tomáše Bati 44

Hněvkovského 30/65 Cejl 62 b

Pražská 59 Pražská 59

Frýdek-Místek

Beskydská 2061 Beskydská 2061

Valtice

Pod Zámkem 922

Břeclav

Uherské Hradiště

Velehradská třída 537

Národních hrdinů 18/15

FAMILY MEMBER OF AN EU CITIZEN – THIRD-COUNTRY NATIONAL You may stay in the territory for up to 3 months if you are in possession of a valid travel document and – if you are subject to visa requirements: •  a valid visa issued by the CR or another Schengen state, or •  without a visa if you hold a valid temporary or permanent residence permit issued by another EU state (§ 18/d/7), or •  without a visa if you are resident in the CR together with the EU citizen and your short-stay visa has expired (§ 18/e). You may stay in the CR for a period longer than 3 months if you are in possession of a valid travel document and •  a valid residence permit/card for a family member of an EU citizen issued by the CR, or •  a valid permanent residence card issued by the CR. Upon a request of the police, you are required to identify yourself by presenting the documents mentioned above. If you do not have the document or permit/card with you, you may identify yourself with a different document, but at the same time you must prove that you are a family member of an EU citizen. Attention: A residence permit for a family member of an EU citizen will be issued up until 31. 12. 2012 at longest, when it will be replaced by a new document called a residence card for a family member of a European Union citizen (pobytová karta rodinného příslušníka občana Evropské unie). Temporary residence permit of a family member of an EU citizen If you intend to stay in the CR for a period longer than 3 months together with an EU citizen, you are required to apply for a temporary residence permit within 3 months of your entry into the territory of the CR. The application should be made to a Ministry office. 12

When applying you are required to submit: •  a completed application form •  a valid travel document •  2 passport-type photographs •  proof of health insurance; not applicable if the purpose of stay is contractual employment, business or other gainful employment •  proof of accommodation in the CR •  a document proving that you are a family member of an EU citizen •  if you are a dependent direct relative in in the descending and ascending line or such a relative of the spouse of an EU citizen (i.e. dependent parents, grandparents etc. or children, grandchildren etc.), then a document confirming this. If you meet the conditions of a temporary residence permit, you will be issued a residence permit of a family member of an EU citizen (průkaz o pobytu rodinného příslušníka občana EU), or a residence card of a family member of an EU citizen (pobytová karta rodinného příslušníka občana EU). This permit/card is issued as an independent document with a validity corresponding to the expected length of residence of the EU citizen, however, at longest, for 5 years. Its validity may be extended, even repeatedly (§ 87o). You may apply to the Ministry for an extension of validity of the permit/ card. You must, however, do so before the expiry of the permit/card and must present your travel document, proof of health insurance (not applicable if the purpose of residence is contractual employment, business or other gainful employment), proof of accommodation and a document confirming that you are staying in the CR together with an EU citizen. In the event that your appearance has changed, you must also submit 2 photographs (§ 87p). In addition to an application for a change of details appearing in the permit/card, you are required to submit your travel document, permit/card and a document proving the required change (§ 87v/3). 13

If you lose your permit/card or it is destroyed, stolen or damaged, you are required to report this fact within the stipulated time limit to the Ministry (§ 103/j) which, on your request, will issue a new permit/card – in this case you are required to submit 2 photographs, your travel document and, if damaged, the existing permit/card (§ 87v/2). Permanent residence permit for a family member of an EU citizen You may apply for a permanent residence permit upon meeting the conditions stipulated by the Act (§ 87h) only after 5 years of continuous temporary residence in the territory of the CR or after 2 years of continuous temporary residence in the territory of the CR, if, for at least 1 year, you have been a family member of a CR citizen who is registered for permanent residence in this country, or a family member of an EU citizen who holds a permanent residence permit in the territory of the CR. Your application for permanent residence should be made at a Ministry office. When applying you are required to submit: •  a completed application form •  a valid travel document (or an EU citizen’s national identity card) •  a document confirming the satisfaction of the legal conditions (§ 87h/1), proving in particular that you have been a family member of an EU citizen for at least 1 year and, if applicable, documents confirming the length of your residence in the territory of the CR •  2 passport-type photographs •  proof of accommodation. A permanent residence permit is issued in the form of a permanent residence card (průkaz o povolení k trvalému pobytu); with this you will also receive a confirmation of permitted residence in the territory. The conditions for the validity and extension of the card, as well as obligations for reporting changes, loss or damage to the card, are the same as for EU citizens who have been issued a permanent residence card for EU citizens.

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Travel of family members of EU citizens to other EU/Schengen states These rules are governed by EU legislation, in particular by: •  Directive No. 2004/38/EC (on the right of citizens of the Union and their family members to move and reside freely within the territory of the Member States) •  Regulation No. 562/2006 (Schengen Borders Code) •  Regulation No. 810/2009 (Visa Code). If you hold a valid residence permit/card for a family member of an EU citizen issued by the CR and a valid travel document, you may travel: •  to other EU countries and remain in their territory for up to 3 months during any six-month period under the condition that you are accompanying or joining your EU citizen (if you are travelling alone and are subject to visa obligations, you need a visa) •  to other countries in the Schengen area and spend up to 3 months in their territories during any six-month period (the condition of accompanying or joining your EU citizen does not apply in this case). If you hold a valid permanent residence permit issued by the CR and a valid travel document, you may travel to other countries in the Schengen area and remain in their territory for up to 3 months during any six-month period.

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PRACTICAL INFORMATION All documents accompanying your application may not be older than 180 days, with the exception of your travel document, birth certificate, marriage certificate and other registry documents and photographs, as long as they correspond with your actual appearance (§ 87w). All components of the application or other documents submitted with the application not in the Czech or Slovak languages must be officially translated into the Czech language. If you do not wish to submit an original, we recommend you first have a certified copy made, thereafter officially translated into Czech.  Administrative fees Official acts connected with your residence in the CR are performed free of charge. Exceptions to this are fees connected with issuing: •  a new residence permit/card in replacement of a damaged, destroyed, lost or stolen permit/card: CZK 100 •  an additional permanent residence permit/card, this being a permanent residence permit/card displaying a record of residence of a “long-term resident – EC” (if this status was recognised at your request after meeting the conditions of § 83/1): CZK 500 Fees are collected upon issuing the permit/card in the form of revenue stamps, which may be purchased at every post office. Obligation to report certain facts Under the Act (§ 103/e), you are required to report a change of surname, marital status, travel document details and of details appearing in your residence permit/card for the CR (i.e. certificate of temporary residence in the CR, permanent residence card for EU citizens, residence permit/card of family members of an EU citizen, or permanent residence permit) to the Ministry within 15 working days from the date the change occurred. 16

In the event of changing address, the time limit is 30 working days, while only changes of address with an expected duration of more than 180 days need to be reported (§ 98). Loss, destruction, theft of or damage to a CR residence permit/card In the event of loss, destruction, theft of or damage to a CR residence permit/card, you are required to report this to the Ministry within 3 working days from the date when this incident occurred. Similarly, you are required to report the rediscovery or recovery of a document whose loss or theft you had previously reported (§ 103/j). Proof of health insurance For residence purposes of EU citizens and their family members, proof of health insurance is not expressly defined. If you are required to present such proof, you may present in particular: •  a policy holder’s card issued by an insurance company authorised to perform such activities in the CR, or •  a European Health Insurance Card or a confirmation temporarily replacing this card, or •  any of the following forms: E 106, E 109, E 112, E 120, E 121, or else a confirmation of registration issued on the basis of any of these forms, an EU policy holder card for a person staying in the CR or a policy holder card for a person resident in the CR. If you are not in possession of any of the above documents, you should submit a different document proving the validity of your health insurance (the specific scope of such insurance is not stipulated by the Act). This can mean any insurance whereby payment of possible provision of medical care is ensured (therefore even travel medical insurance in accordance with § 180/j of the Act which does not otherwise apply to EU citizens and their family members). 17

Proof of accommodation The fact that you have accommodation can be proved by submitting: •  proof that you are the owner of the relevant flat or house, or •  proof that you are entitled to use the relevant flat or house (e.g. rental agreement), or •  confirmation from the owner or entitled user of the flat or house that he/she consents to your accommodation there. If you are applying for a permanent residence permit, the signature on the confirmation must be officially certified or the confirmation must be signed in front of a Ministry employee, or in the case of electronic submission, the confirmation must be signed by a guaranteed electronic signature on the basis of a qualified certificate issued by an accredited provider of certification services, or else the confirmation must be delivered via the data box of the person accommodating you. Accommodation may only be provided in a building intended for housing, accommodation or recreation.

Further information: Info line: 974 832 418, 421 (Mo–Fr: 8.00–16.00) E-mail: [email protected] Anti-corruption hotline: 974 847 704 Web: www.mvcr.cz/cizinci For business hours and contacts of the offices of the Ministry of the Interior and Foreign Police go to www.mvcr.cz/cizinci (Kontakty).

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Published by the Ministry of the Interior April 2011 www.mvcr.cz/cizinci