Fiction of Residence of an EU Citizen’s Family Member in the Czech Republic

If you apply as an EU citizen’s family member for a temporary or permanent residence permit, you are staying in the Czech Republic legally until:

  • the day that the final decision on your application becomes effective (usually when you pick up your residence card or residence permit document) if you are a close family member of an EU citizen,
  • the day you receive the decision on your application if you are a distant family member of an EU citizen.

The Ministry of the Interior certifies that you are permitted to stay in the Czech Republic after you have submitted your application by inserting a visa in your travel document. It is a visa for a stay longer than 90 days valid for as long as it is expected that the processing of the application will take.

If the visa expires and your application has not been processed yet, you can come to a Ministry of the Interior office to renew the visa.

You are not permitted to stay in the Czech Republic if:

  • you have to leave the country as a result of a final administrative removal decision or as a result of having been sentenced to administrative removal,
  • your temporary residence has been revoked,
  • your permanent residence has been revoked,
  • you are submitting an already rejected application without adding new information,
  • you do not prove that you are an EU citizen’s family member,
  • you do not live together with an EU citizen in the Czech Republic.