A departure order is a document issued to foreigners so that they leave the Czech Republic. It may be issued, for example, in the case that they continue residing in the Czech Republic after the validity of their residence permit expired or was revoked or after they were sentenced to administrative removal.
A departure order ex officio is issued by the police or the Ministry of the Interior.
The police will issue a departure order in the following cases:
- after the revocation or expiration of the validity of a short-term visa,
- after the termination of temporary residence,
- in association with issuance of obligation to leave the territory,
- when a decision that a foreigner must leave the country or a decision setting a time limit for a foreigner to leave the country is taken,
- in the case of administrative removal.
Third countries nationals who have had a child in the Czech Republic:
If you did not manage to apply for a long-term visa, or a long-term or permanent residence permit for the child within 60 days from the day the child was born, the police will issue a departure order for the child and you will have to leave the country together with him/her.
Most often, the Ministry of the Interior will issue a departure order in the following cases:
- after the revocation or expiration of the validity of a long-term visa,
- upon non-recognition status of person without nationality,
- after a denial of an application for a long-term or permanent residence permit, if the current visa had expired,
- after the annulment or expiry of a long-term or permanent residence permit,
- after the revocation of a temporary residence permit of an EU citizen and an EU citizen’s family member,
- or after expiry of provided protection on the territory according to special legal regulation.
In most cases, a departure order is not issued to foreigners who, after their residence permit’s expiration, can stay in the Czech Republic for a period of 90 days without a visa.
Not sure if you are required to have a visa? You will find more information about visa-free stays on this website.
What does a departure order look like?
It will be inserted in your travel document. In justified cases, it can be placed outside a travel document.
How long is a departure order valid for?
A maximum of 30 days. In the event of the termination of the temporary residence permit of an EU citizen or his/her family member, the Departure Order shall be issued for a minimum period of 30 days.
The exact validity will be determined and included in the departure order by the police or the Ministry of the Interior.
What does a departure order enable you to do?
A Departure Order does not entitle its holder to temporary residence in the Czech Republic. It permits to stay only for a period necessary for addressing pressing matters and leaving the territory.
What obligations and restrictions does a departure order mean?
If you have been issued with a departure order, you must leave the Czech Republic within the given time limit. During the validity of the departure order, you cannot apply for a long-term visa or a long-term or permanent residence permit Except for:
- a long-term residence permit for the purpose of protection,
- a long-term visa for the purpose of leave to remain,
- a temporary or permanent residence permit for close family members of EU citizens.
How can you leave the country with a departure order if you are required to have a visa in the Schengen area?
It is not possible to transit through other countries of the Schengen area. You must leave the Czech Republic on a direct flight to a country outside the Schengen area.
If there is no other option than to transit through other Schengen countries, you must arrange for an entry visa at a diplomatic mission of the country you are going to transit through. If you try to enter a Schengen country only with a departure order, the following scenarios can happen:
- you may not be allowed to board a plane in the Czech Republic,
- you may be arrested after entering another Schengen country,
- after entering another Schengen country, you may be sentenced to administrative removal, which may lead to a prohibition of entry in the Schengen area in the future.
Neither in this case is it possible to transit out of own initiative through other Schengen countries only with a departure order. However, there is a special mechanism in place allowing land transit through other Schengen countries by car, bus or train. If you wanted to use this mechanism, you must contact the Residence Permits Unit of the Department of Foreign Police. Land transit is not processed at the Foreign Police on the spot. We recommend you, therefore, to contact the Residence Permits Unit of the Foreign Police at the latest 10 days before your planned departure.
The Department of Asylum and Migration Policy of the Ministry of the Interior also runs a voluntary returns programme. See if you meet the requirements to participate in this programme.