Residency for family members of citizens of EU
19.02.2014 / 06:05
A family member of an EU citizen means his/her spouse, parent (in case of an EU citizen under 21 years of age who is subsisted by such family member and with whom he lives in the common household), a child under 21 years of age or such child of an EU citizen's spouse, a dependent direct relative in the ascending or descending line or such relative of an EU citizen's spouse.
The dependent person means an alien subsisted by an EU citizen or his/her spouse, engaged in systematic preparation for future occupation, or an alien who cannot engage in systematic preparation for future occupation or in gainful activities due to illness or injury, or who is unable to engage in systematic gainful activities due to long-term adverse medical condition.
You may stay temporarily in the territory of the Czech Republic without a visa if you are:
- a family member of an EU citizen, are not an EU citizen yourself and hold a temporary or permanent residence permit in the territory of another EU Member State, and the period of your stay does not exceed 30 days;
- a family member of an EU citizen and your visa for a stay up to 90 days or transit visa has expired, provided that you stay in the territory with an EU citizen and the period of stay in the territory does not exceed 3 months.
As a family member of an EU citizen, you are required to present for your application for issue of a short-stay visa up to 90 days:
- a valid travel document;
- an original or a certified copy of a document confirming that you are a family member of the relevant EU citizen (a birth certificate or a marriage certificate) (or a certified translation of such document into Czech)
- a photograph
- a completed form of “Application for Schengen Visa”;
The application of a family member of an EU citizen who is not an EU citizen himself shall be processed within 14 days after submission. The application is submitted free of charge.
Submission of an application for a visa for a stay up to 90 days to the police at a border crossing of the Czech Republic:
A family member of an EU citizen may file n application for issue of a visa for a stay up to 90 days at a border crossing of the Czech Republic. In such case, you have to prove the reasons for which you apply for the issue of the visa at the border crossing of the Czech Republic.
If you are a family member of an EU citizen and are not an EU citizen yourself, you will receive, in case of refusal to issue a visa, a written notice specifying legal grounds for refusal to issue such visa. In such case, you will be entitled to apply to the Ministry of Foreign Affairs of the Czech Republic (through the diplomatic mission) within 15 days of acceptance of the notice of refusal to issue the visa, for new assessment of the grounds for refusal to issue the visa. The Ministry of Foreign Affairs has a 60 days' time limit from the submission date of your application to resolve it. You will receive the response via the relevant diplomatic mission.
Conditions for a long-term stay
Conditions for a long-term stay in the territory of the Czech Republic, i.e., exceeding a period of three months:
In the case of a joint stay in the Czech Republic with a citizen of the EU or any of the aforementioned countries, which is expected to exceed 3 months, family members are required to apply to the police for the issuance of a temporary residence permit within a period of 3 months upon their entry to the territory. The conditions and requirements for the issuance of a temporary residence permit are defined in Section 87b (2) of the Alien Act, applying the provisions of 87a (2) and can be found at www.mvcr.cz. The application may be lodged in person, in representation with an attorney power or by post. In case that family member submits the application to a diplomatic mission of the Czech Republic abroad, the application will be forwarded to the respective alien police body.
If a family member does not stay in the Czech Republic together with a citizen of the EU, Iceland, Norway, Liechtenstein, or Switzerland, the conditions for his/her stay in the Czech Republic are the same as those for third-country nationals who do not fall into the category of persons enjoying the Community right of free movement.
The conditions and requirements for the issuance of a permanent residence permit are defined in Sections 87h and 87i of the Alien Act, applying the provisions of 87g(7). The application for a permanent residence permit may be lodged at the Ministry of the Interior in person, in representation with an attorney power or by post. In case that family member submits the application to a diplomatic mission of the Czech Republic abroad, the application will be forwarded to the respective alien police body.