Foreigners in the Czech Republic

Definition of EU citizens and their family members

Citizens of individual EU Member States are subject to the right to free movement of persons within the EU. EU citizens can thus enter and stay in the Czech Republic without any special restrictions, only on the basis of a valid travel document, including an identity card. An EU citizen is a citizen of one of the EU Member States – Austria, Belgium, Bulgaria, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, the Netherlands, Poland, Portugal, Romania, Slovakia, Slovenia, Spain and Sweden. Similar rights also apply to citizens of Iceland, Liechtenstein, Norway, Switzerland and the United Kingdom of Great Britain and Northern Ireland, who are subject to Part Two of the Exit Agreement.

A family member of an EU citizen means:

• A spouse or a civil partner
• A parent actually taking care of an EU citizen under 21
• A descendant under 21 or a descendant of the spouse of an EU citizen
• A descendant or ancestor or the descendant or ancestor of a spouse of an EU citizen who is due to meeting his/her basic needs dependent on maintenance or other necessary care provided by this EU citizen or his/her spouse, or was dependent on this maintenance or care immediately prior to entering the territory of the state of which the person concerned is a citizen or of the state in which the person concerned was allowed to reside
• A family member of an EU citizen is also any other foreigner who duly attests that he/she is a relative of the EU citizen if, in the state of which he/she is a citizen or in the state in which he/she was a permanent or long-term resident, he/she lived with the EU in a common household, was dependent on the EU citizen, strictly requires the personal care of the EU citizen due to serious health grounds or has a permanent relationship with the EU citizen similar to a family relationship and shares a common household with the EU citizen

Residence scheme for foreigners in the Czech Republic

The Foreigners Act distinguishes between:

• Temporary residence in the Czech Republic
• Permanent residence in the Czech Republic

Temporary residence

A foreigner may stay in the Czech Republic temporarily without a visa under the conditions set out either by an international agreement by which the Czech Republic is bound (a visa waiver agreement) or a decree of the Government of the Czech Republic, also if he/she is an EU citizen and in other specific cases (e.g. if he or she is in custody or serving a prison sentence, etc.).

Foreigner

A foreigner is obliged to report to the police the place of his/her residence in the territory within three working days from the day of entry into the territory. The foreigner may then stay temporarily in the Czech Republic:

• Without a visa
• On the basis of a visa granted
• On the basis of a temporary residence permit
• On the basis of a departure order

A visa may be:

• Short-stay – e.g. airport visa, transit visa, 90-day visa, etc.
• Long-stay – a visa for a stay of over 90 days, e.g. extraordinary work visa, study visa, etc.
• Diplomatic – e.g. airport visa, transit visa, visa for a stay of over 90 days granted to a foreigner on the basis of an official application and marked in the diplomatic passport or another travel document
• Special – e.g. airport visa, visa for a stay of over 90 days granted to a foreigner on the basis of an official application and marked in the service passport or another travel document

EU citizen

Eu citizens may temporarily stay and work in the Czech Republic without any permits, using only a travel document or an identity card. If the foreigner intends to stay in the Czech Republic for more than 30 days, he/she is obliged to report the place of his/her residence to the Foreigners Police Section competent for the relevant place of residence within 30 days from the date of entry into the territory. The EU citizen’s stay in the Czech Republic is not subject to a registration certificate regardless of the purpose of his/her stay and it is therefore up to the citizen to decide whether to apply for it.

The Ministry will issue it to the EU citizen or a family member of the EU citizen at his/her request for the purpose of staying in the Czech Republic for more than three months. The condition for its issuance is that the foreigner has not threatened state security or seriously disrupted public order. A family member of an EU citizen who is not an EU citizen and intends to stay temporarily in the Czech Republic for more than three months together with the EU citizen is obliged to apply for a temporary residence permit.

Permanent residence

A foreigner is entitled to stay in the Czech Republic under the permanent residence scheme if he/she has a residence permit (or if a decision has been issued to place the foreigner in foster care). You can apply for a permanent residence permit as an EU citizen or as a non-EU citizen (a third-country national). Every foreigner can generally apply for a permanent residence permit after five years of continuous residence in the Czech Republic, usually under a visa for a stay of over 90 days and a long-term residence permit. If you are an EU citizen, you can apply after five years of continuous temporary residence in the Czech Republic. An EU citizen who is also a family member of another EU citizen may apply for permanent residence after two years of continuous temporary residence in the Czech Republic if he/she has been a family member of an EU citizen for at least one year.

Conclusion

Our law firm provides its clients with legal assistance in the field of foreign law as well. For example, if you are planning to apply for a temporary or permanent residence permit in the Czech Republic, we will be happy to assist you in this life situation by preparing all the documents you need to apply for a permit.

What situations do we typically handle for our clients in the context of foreigners in the Czech Republic?

• Obligations and options when marrying a foreigner
• Birth of a child where one parent is a foreigner
• Work permits for foreigners
• Advice on employing foreigners
  • Applicable conditions for employing foreigners
• How to obtain permanent or temporary residence in the Czech Republic
• Extension of permanent or temporary residence in the Czech Republic
• Loss of documents in the Czech Republic
• Advice on visa requirements
• Changes resulting from Brexit
• Assistance in communication with embassies and consulates
• Arrangement of employee cards
• Arrangement of blue cards
• Tax obligations when employing foreigners
• Agency employment of foreigners
• Secondment of staff from the Czech Republic abroad
• Legal advice on expulsion