Family Members of EU Citizens
15.01.2010 / 10:45
Visa procedures for the short stay of Family Members of EU Citizens (up to 90 days)
I. Who is a family member of an EU citizen?
A family member of an EU citizen is a family member of a citizen of any of the EU country or Iceland, Lichtenstein, Norway and Switzerland, who is a:
- parent if it concerns someone who supports an EU citizen under 21 with whom they live in a common household,
- child under 21 or such a child of the spouse of an EU citizen and
- dependent direct relative in an ascending or descending line or such a relative of the spouse of an EU citizen.
A dependent person is understood to be a third-country national supported by a European Union citizen or the spouse thereof who:
- is systematically preparing for a future profession up 26 years of age;
- cannot systematically prepare for a future profession or perform gainful activities due to illness or injury; or
- is not capable of performing systematic gainful activities due to a chronic adverse health condition.
A family member of an EU citizen can also be understood to be a foreign national who can credibly prove that:
a) they are a relative of an EU citizen that is not specified above if:
- they lived in a common household with an EU citizen in the country whose citizenship they hold or in the country in which they held long-term or permanent residence;
- they are supported by an EU citizen; or
- they cannot care for themselves without the personal care provided by an EU citizen due to a chronic adverse health condition; or
b) they are in a permanent relationship with an EU citizen that is comparable to a family relationship and that they share a common household.
The provisions of the Act on Residence of Foreign Nationals pertaining to family members of European Union citizens will be also be applied to a foreign national who is a family member of a citizen of the Czech Republic
II. Short-term stay (up to 90 days)
1. Visa Waiver
- Family members – non-EU citizens subject to visa requirements, can stay in the Czech Republic for up to 3 months without a visa on condition that they hold a valid passport and a valid document on a temporary or permanent residence permit issued by a different EU country, Iceland, Norway, Liechtenstein or Switzerland, or a permanent residence card issued by a different EU country.
- Likewise, family members can stay in the Czech Republic temporarily without a visa if their short-term visa has become invalid. They must, however, reside in the Czech Republic with a citizen of the EU or the abovementioned states and their stay in the Czech Republic shall not exceed 3 months.
2. Visa Requirements
Fully completed and signed application form for a schengen visa should be submitted by the applicant in person together with:
- valid travel document
- documents confirming the identity of an EU citizen and especially the family relationship with the applicant (primarily, but not exclusively, the original or certified copy of the marriage-birth or other applicable certificate with official translation into Czech if necessary)
The visa application for family members of EU nationals is free of charge. The general processing time is fourteen days, but it might be extended, especially if the supporting documentation is not sufficient. In case of missing proof of the EU citizen identity and the family relationship, the applicant cannot be considered to be a family member of an EU citizen and standard rules of procedures will be applied.
3. Appeal Procedure
The procedure in case of the visa refusal is the same for family members as for any other schengen visa applicants. The request for an appeal must be lodged within 15 days of the receipt of visa refusal via the diplomatic mission, at which the visa application has been filed. The appeal should include the name of the applicant and describe the reasons, why the applicant considers the refusal decision to be in contrary to the law. The Ministry of Foreign Affairs will review the request in 30 days from the receipt of the appeal. The information on the outcome of the review is sent to the applicant via the same diplomatic mission.
The important difference for EU family members is the right for further appeal to the court. Thus, the negative outcome from the Ministry of Foreign Affairs can be appealed at the respective administrative court (Municipal Court in Prague). The appeal to the Municipal Court in Prague should be in writing within 30 days to its address: Městský soud v Praze, Hybernská 18, 111 21 Praha 1, Czech Republic.