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Residence

Temporary residence

A family member of an EU citizen is a family member of a citizen of an EU country or a citizen of the Czech Republic registered for permanent residence in the territory. Similar rights are also enjoyed by family members of citizens of Iceland, Liechtenstein, Norway, Switzerland and a citizen of the United Kingdom of Great Britain and Northern Ireland who was legally residing in the territory of the Czech Republic on 31 December 2020.

A family member can be close or distant.

A close family member can be:

a spouse, (registered) partner,
a parent of a citizen under 21 years of age who is actually cared for by
a descendant (son/daughter, grandson/granddaughter) under 21 years of age or such a descendant of the spouse of an EU citizen
a descendant (son/daughter, grandson/granddaughter) or ancestor (father/mother, grandmother/grandfather) or descendant or ancestor of the spouse of an EU citizen, if:
- he is dependent on maintenance or other necessary care provided by an EU citizen or his/her spouse for the purpose of satisfying his/her basic needs, OR
- he was dependent on such maintenance or other necessary care immediately before entering the territory of the state of which he/she is a citizen or in the state in which he/she was permitted to reside (e.g. due to a serious health condition, the need for financial support to ensure basic living needs, etc.).

A distant family member can be:

partner – it is necessary to prove a permanent partnership (e.g. written history of the relationship, photographs, mutual communication, jointly purchased items of greater value, proof of housing payments, etc.)
a relative (e.g. sister/brother, cousin, uncle/aunt) of an EU citizen registered for permanent residence in the territory and:
- who is a dependant of that EU citizen in the country of origin, OR
- who is a member of that EU citizen’s household in the country of origin, OR
- who for serious health reasons urgently requires the personal care of that EU citizen.

Submitting an application:

The application is submitted in person at the relevant OAMP office, according to your registered place of residence. When submitted in person, the OAMP official will check the application and the requirements and accept the application. Even if any requirements are missing, the official must accept the application, but you must complete them as soon as possible. The missing requirements can then be sent by registered mail (except for the passport). It should be noted that the administrative authority will not process the application until the application is completed.

The application must be submitted within 3 months, namely (I) from the date of entry into the territory, (II) from the expiry of your current residence or (III) from the date you became a family member in the territory. We recommend that you book in advance.

Annexes to an application:

A close family members attaches:

completed application form
travel document
2 photos (35 x 45 mm)
proof that you are a close family member, i.e. marriage certificate or birth certificate
proof of accommodation: certified copy of the lease agreement / confirmation of the owner or authorized user of the apartment or house about consent to accommodation with an officially certified signature
proof of health insurance, more info HERE
proof of residence of an EU citizen in the territory

A distant family member attaches:

completed application form
travel document
2 photos (35 x 45 mm)
proof that you are a distant family member, i.e. birth certificates,
evidence confirming a long-term partnership and cohabitation in a common household such as: description of the history of the relationship, joint photographs, mutual communication, jointly acquired items or joint payment for housing
proof of accommodation: certified copy of the lease agreement / confirmation of the owner or authorized user of the apartment or house of consent to accommodation with an officially certified signature
proof of sufficient regular monthly income – more info HERE
proof of health insurance for the period of stay in the territory – more info HERE
proof of residence of an EU citizen
upon request: proof of infection-free status and a similar document, an extract from the Criminal Record

Administration fee:

200 CZK (paid by card only)

Decision deadline:

60 days from the date of application (in practice, the proceedings often take several months, in which case it is possible to send an urgent request, a request for inaction, or file a lawsuit for inaction)

Permit validity period:

close family members of an EU citizen and family members of a Czech citizen who have exercised their right to free movement are issued a residence card valid for a maximum of 5 years
distant family members of an EU citizen are issued a residence permit card valid for a maximum of 3 years
validity can be extended

Residence and rights during the proceedings:

a close family member: may reside in the territory during the ongoing proceedings until the date the decision on the application becomes final (including during any appeal proceedings)
a distant family member: may reside in the territory during the ongoing proceedings until the date on which he/she was notified of the decision on the application (only until the delivery of the decision on the application; if the application was rejected, it is possible to file an appeal, but no longer reside in the territory)
if you are authorized to reside in the territory during the ongoing proceedings, a visa sticker in the form of a visa for a stay of over 90 days (so-called bridging sticker) with a validity period corresponding to the expected length of the application proceedings will be affixed to your travel document when you submit your application, more information HERE
from the date of submission of your application you have free access to the labor market – you can work anywhere without a work permit
if you have a visa sticker in your passport in the form of a visa for a stay of over 90 days, you can travel to other Schengen countries space
the authorization to reside in the territory during the proceedings does not apply if (I) you have been legally issued with an administrative expulsion or expulsion sentence, (II) your temporary residence has been terminated or your permanent residence has been revoked, or (III) it is a repeated application that does not include new facts that you could have included in the previous application.

Refusal to grant a residence permit – possibility of filing an appeal within 15 days from the date of delivery of the decision. If the appeal is rejected, a lawsuit can be filed within 30 days from the date of delivery of the negative decision. If you were granted temporary residence, but you subsequently ceased to be a family member (e.g. you broke up with your partner), it is possible to apply for long-term residence or permanent residence under the conditions set by law.

More information on temporary residence of a family member of an EU citizen can be found on the website of the Ministry of the Interior HERE.

Permanent residence

A family member of an EU citizen is a family member of a citizen from one of the EU countries. Similar rights are also enjoyed by family members of citizens of Iceland, Liechtenstein, Norway, Switzerland and a citizen of the United Kingdom of Great Britain and Northern Ireland who was lawfully residing in the territory of the Czech Republic as of 31 December 2020.

A family member can be close or distant (see the section on temporary residence above).

Permanent residence can be applied for after 5 years of continuous temporary residence in the territory, if the absence does not exceed 6 months per year, or longer for serious reasons. A close family member can apply after 2 years of residence, if he or she has been a family member of an EU citizen with permanent residence or a citizen of the Czech Republic with permanent residence for at least 1 year. The application can also be submitted for humanitarian reasons or other conditions stipulated by the Act on the Residence of Foreigners.

Submitting an application:

Annexes to an application:

A close family members attaches:

completed application form
travel document
1 photo (35 x 45 mm)
proof that you are a close family member, i.e. marriage certificate or birth certificate
proof proving that you have met the condition of 5 years of continuous temporary residence in the territory (if you are applying for another reason, then meeting the required condition), or 2 years of residence in the territory and the fact that you have been a close family member for 1 year
certified copy of the lease agreement / confirmation of the owner or authorized user of the apartment or house about consent to accommodation with an officially certified signature
proof of health insurance, more info HERE

A distant family members attaches:

completed application form
travel document
1 photo (35 x 45 mm)
proof that you are a distant family member, i.e. birth certificates,
evidence confirming a long-term partnership and cohabitation in a common household such as: description of the history of the relationship, joint photos, mutual communication, jointly purchased items or joint payment for housing
proof proving compliance with the condition of 5 years of continuous temporary residence in the territory (if you are applying for another reason, then compliance with the required condition)
certified copy of the lease agreement / confirmation of the owner or authorized user of the apartment or house on consent to accommodation with an officially certified signature
proof of sufficient regular monthly income – more info HERE
proof of health insurance for the period of stay in the territory – more info HERE

Administration fee:

200 CZK (paid by card only)

Decision deadline:

60 days from the date of application

An appeal against the rejection of the application may be filed within 15 days of the date of delivery of the decision. If the appeal is rejected, it is possible to file a lawsuit within 30 days of the date of delivery of the rejection decision.

More information on permanent residence of a family member of an EU citizen can be found on the website of the Ministry of the Interior of the Czech Republic.