Family reunification must be initiated by the family member who is outside Czechia.
- Option 1 : Long-term residence permit for the purpose of family reunification
- Option 2 : Long-term visa
Long-term residence permit for the purpose of family reunification
Long-term residence permit for the purpose of family reunification[1] is intended for foreigners who will stay in Czechia for a period longer than three months. You can apply for this permit from the territory of Czechia or from abroad, from the responsible Czech embassy/consulate. The validity of the permit is usually from 1-2 years and can be extended as long as your family member with granted international protection lives in Czechia
Advantages:
- There is a right to be granted this permit if all the conditions stipulated by law are satisfied.
- Simplified application procedure for close family members of recognized refugees within a time limit of three months after a decision on granting asylum comes into effect.
Disadvantages:
- Long processing period of the application – 270 days
[1] Section 42a of Act No 326/1999 on the residence of foreign nationals in the Czech Republic
Who can apply for the long-term residence for the purpose of family reunification?
- a spouse of a foreign national in possession of a long-term or permanent residence permit (applies also to same=sex registered partnerships)
- a minor child up to 18 years of age or a dependent child up to 26 years of a foreign national in possession of a long-term or permanent residence permit,
- a minor child up to 18 years of age or a dependent child up to 26 years of the spouse of a foreign national in possession of a long-term or permanent residence permit,
- a minor child adopted by a foreign national in possession of a long-term or permanent residence permit or his/her spouse in accordance with a decision taken by the competent authority, or a minor child in foster care of a foreign national in possession of a long-term or permanent residence permit or his/her spouse; or a minor child whose guardian or the spouse of the guardian is a foreign national with a long-term or permanent residence permit for Czechia and the minor will be taken care of in Czechia,a solitary foreign national older than 65 years or, regardless of age, a foreign national who is objectively unable to provide for their own needs on account of their state of health if it concerns family reunification with a parent or a child with a long-term or permanent residence permit in Czechia.
- Family members of foreigners with granted asylum are specifically:
- A spouse (registered partner) of a foreigner with granted asylum if the marriage (registered partnership) came into existence before the applicant’s entrance in Czechia. This requirement does not apply to applicants who already hold a long-term residence permit in Czechia and have resided in the country for less than 2 years.
- A minor child (under 18 years of age) or the spouse’s minor child (a stepchild).
- A financially dependent child up to 26 years of age (due to continuous studies or due to medical reasons)
- An adopted minor child (under 18 years of age) or a minor child in the custody of the third country citizen.
- A minor child (under 18 years of age) whose legal guardian is the third country citizen or his/her spouse, and the child care will be provided in Czechia.
- Parents (mother or father) of a minor foreigner (under 18 years of age) with granted asylum.
How to apply for a long-term residence permit for the purpose of family reunification?
IMPORTANT: Family members of recognized refugees can file a simplified application within three months after the asylum was granted.
Attention: this does not apply to family members of holders of subsidiary protection.
Along with the form for a long-term residence for family reunification (green document), you should submit the following:
- A valid travel document,
- Two photographs,
- Documentary evidence of the family relationship (if documentation cannot be provided, family ties can be established in an alternative and reliable way)
If the family member does not file the application within a time limit of three months after a decision on granting asylum comes into effect, proof of a regular income (e.g., salary slips, bank statements, employment contracts) must be also provided.
If you do not fall under the category above, you should submit the following documents together with the application form for a long-term residence for family reunification (green document):
- A valid travel document,
- Proof of accommodation,
- Two photographs; not applicable if a pictorial record has been taken of you,
- Documentary evidence of the family relationship (if it concerns an application for a long-term residence permit for the purpose of family reunification with a person who has been granted asylum, the family relationship can be proven in another credible manner if submission of such a document is not possible),
- Parental consent or consent of any other statutory representatives or guardians with the residence of a child in Czechia. Parental consent or consent of any other statutory representative or guardian is not required, if it was a parent, statutory representative or guardian who submitted the application for child or with whom the child together resides in Czechia, and if the foreigner demonstrates, that he is unable to submit this agreement due to reasons beyond his/her control or if the child resides in Czechiapursuant to the long-term visa or long-term resident permit for other purpose;
- Proof of finance– a document proving that the aggregate monthly household income of the family after its reunification will not be lower than the sum of:
- the amount of the subsistence minimums of all family members and,
- the highest amount of normative costs for housing, which the foreign national can credibly prove as an amount of reasonably justified costs for the accommodation of the family,
- Document similar to an extract from the Penal Register record, issued by the state of which you are a citizen. The obligation to submit an extract from the Penal Register record does not relate to a foreign national under 15 years of age,
- Fee
- Upon request, a document similar to an extract from the Penal Register record, issued by the states in which, in the last 3 years, you have resided for longer than 6 months in its summary, or a signed affidavit in the event that this state does not issue such a document (not required from a foreign national under 15 years of age),
- Upon request, document proving the fulfilment of conditions set out in the measure of Ministry of Health on prevention of the spread of infectious illnesses (Medical report).
- comprehensive medical insurance must be provided (only upon approval, not when applying) Different conditions apply to adults and children
Supporting documents may not be older than 180 days with the exception of travel document, birth certificate, marriage certificate and the photograph of the foreign national if it corresponds to his/her actual appearance.
Supporting documents must be submitted in Czech. Documents in another language must also be submitted in official translation into Czech.
Foreign public documents must be legalized, i.e. equipped by an apostille or super-legalized.
The following documents must always be submitted in their originals: passport, supporting documents on purpose of stay, registry documents (birth certificate and marriage certificate), and parental consent. These originals will be returned to the applicant should he / she wish to keep them. Passport is always returned to the applicant and is submitted again when issuing the visa. Other supporting documents may be submitted as originals or officially verified copies.
Where to apply for a long-term residence permit?
Depending on where you are, you can either apply :
- If you are abroad, you can submit the application to a diplomatic mission of the Czech Republic according to the consular territorial competence (usually in the state of your nationality or state where you reside permanently).
In exceptional cases (state of health, a minor or elderly person, etc.), the diplomatic mission can be asked to process the application without personal participation. In this case, the family member sends the application (with a request for an exception to be made) by mail to Czechia’s diplomatic mission in the country of which he or she is a citizen.
The diplomatic mission forwards the application to the Ministry of the Interior of the Czech Republic for evaluation and decision. If the application is evaluated positively, the diplomatic mission where the application was filed issues a long-term visa for the purpose of collecting the long-term residence permit. The foreigner collects the permit after the arrival to Czechiaat the Ministry of the Interior.
If your are already in Czechia based on a visa for over 90 days (long-term family visa or other long-term visa) or a long-term residence permit issued for a different purpose, the application may be filed at the Ministry of the Interior of the Czech Republic.
What is the time limit for processing the application for a long-term residence permit?
The legal processing time of the long-term residence for the purpose of family reunification is 270 days if submitted through diplomatic missions, alternatively 60 days if the application is submitted in Czechia.
What to do if the application for a long-term residence permit is rejected?
An appeal can be lodged with the Ministry of the Interior of the Czech Republic within a time limit of 15 days following the receipt of a notification that a residence permit has not been granted. The Ministry will either grant the appeal or will forward it to the Appeal Commission on Residence of Foreign Nationals, which is the appeal authority for matters concerning the residence of foreign nationals on which the Ministry of the Interior decided in the first instance.
If you are in Czechia and need legal assistance, please contact our legal partners for help : Legal aid – UNHCR Czechia
Long-term visa
Long-term visas are required for citizens of the so-called third countries staying in Czechia for longer than three months for a specified purpose, incl. family. Long-term visas are issued for a maximum period of one year. The applicant can, once in Czechia, switch to a long-term residence permit for the purposes of family reunification if all conditions are met.
Advantages:
- Relatively short application processing period – 90 days (120 days in complex cases).
- No need to provide a proof of regular income. Only an account statement is submitted, which must show the stipulated amounts, and only if the visa applicant is not the spouse, a minor child or a minor child of the spouse of a recognized refugee or a person who has been granted subsidiary protection.
Disadvantages:
- There is no legal entitlement to a long-term visa, even when all the conditions stipulated by law are satisfied; in general children, seniors and spouses have a greater chance of receiving the visa.
Who can apply for the long-term family visa?
There is no specific list provided by law. Depending on circumstances, family members can be :
- Spouses, or same-sex registered partners
- Parents and minor children
- Dependent relatives
Other family members can also acquire a visa for family purposes, however, it always depends on the Ministry of the Interior’s assessment of the case. In general children, seniors and spouses have a greater chance of receiving the visa.
How to apply for a long-term visa?
Along with the application for a long-term visa [1], you should submit the following:
- A valid travel document,
- Two photos,
- Biometric data (fingerprints),
- Supporting documents on
- Purpose of stay: (e.g., a registry document proving family relationship, such as a birth certificate or a marriage certificate),
- Proof of accommodation,
- Proof of financial means,
IMPORTANT: no need to prove financial means for a spouse, a minor child or a minor child of the spouse of a recognized refugee or a person who has been granted subsidiary protection.
- A parental consent for child’s travel– written in a free form and signed by both parents / legal guardians (signature does not need to be officially verified); parental consent is not required from a parent / legal guardian who (1) lodges the application on behalf of a child younger than 15 – only signature of the second parent / legal guardian is required in such a case, (2) already resides in Czechia and the child will reside here with him / her – only signature of the second parent / legal guardian is required in such a case, or (3) provides a proof that he / she cannot submit such a content due to reasons beyond his / her influence.
- Criminal record extract
- Fee
- Travel medical insurance (only if visa approved, not when applying)
Supporting documents may not be older than 180 days except for a passport, registry documents (birth certificate or marriage certificate), diplomas and similar documents and photo (if reflecting current appearance).
Supporting documents must be submitted in Czech. Documents in another language must also be submitted in official translation into Czech.
Foreign public documents must be legalized, i.e. equipped by an apostille or super-legalized.
The following documents must always be submitted in their originals: passport, supporting documents on purpose of stay, registry documents (birth certificate and marriage certificate), and parental consent. These originals will be returned to the applicant should he/she wish to keep them. The passport is always returned to the applicant and is submitted again when issuing the visa. Other supporting documents may be submitted as originals or officially verified copies.
[1] Section 30 of Act No 326/1999 on the residence of foreign nationals in the Czech Republic
Where to apply for long-term visa?
Applications for long-term visa are submitted to a diplomatic mission of the Czech Republic.
The diplomatic mission forwards the application to the Ministry of the Interior of the Czech Republic for evaluation and decision. If the application is evaluated positively, the diplomatic mission where the application was filed issues a long-term visa.
What is the time limit for processing an application for long term visa?
The legal processing time of long-term visa applications is 90 days.
The legal processing time can be extended to 120 days in individual cases requiring more examination.
What to do if my application for long-term visa is rejected?
A request for a new evaluation may be made in writing to the Ministry of the Interior of the Czech Republic within a time limit of 15 days following a receipt of notification that a visa has not been granted.
Where can I find the application forms?
The forms are available at the website of the Ministry of the Interior of the Czech Republic, and at the website of the Ministry of Foreign Affairs of the Czech Republic.