Termination and Revocation of a Residence Permit of Third Country Nationals
TERMINATION
REVOCATION
EXPIRATION OF AN EMPLOYEE CARD’S VALIDITY
If you decide to terminate your residence in the Czech Republic, hand in your biometric card at the corresponding Ministry of the Interior office 3 days before the termination of your residence. At the MoI office you will be issued with a departure order, on the basis of which you will be able to leave the territory of the Czech Republic. Departure order will not be granted if you are subject of a visa-free stay on the basis of a bilateral agreement or if you are subject to a Schengen visa. This obligation does not apply to you if you reside in the Czech Republic with a visa or you have been issued a travel identity document for the purpose of leaving the Czech Republic.
You can also send the document to the Ministry of the Interior office by post. In such case, send it by registered or insured post to the address of the corresponding Ministry of the Interior office according to your reported place of residence.
Under certain conditions stipulated by law, the Ministry of the Interior can initiate residence permit revocation proceedings. If your residence permit is revoked, the Ministry will issue you with a departure order and give you a time limit to leave the Czech Republic.
Long-term visas and long-term residence permits
The Ministry will revoke your long-term visa or long-term residence permit if:
- you apply for revocation,
- you have been finally convicted for a purposeful commitment of a criminal offence,
- you do not fulfil the purpose of residence for which you have been granted a residence permit,
- you have stated incorrect information in your residence permit application or provided fake or altered documents showing false information essential for the assessment of your application.
The following list of reasons applies provided that the consequences of such a decision are proportionate in terms of how they affect your private and family life. Therefore, the Ministry of the Interior can revoke this residence permit if:
- you are a legal representative of a child born in the Czech Republic and you do not apply for a residence permit for the child within 60 days from the day it was born (this obligation does not apply in the cases when the child leaves the country within this time limit),
- the police find out during a residence check that you do not have a valid passport or that you have provided a fake or altered passport or residence permit document and, at the same, you do not prove within the given time limit that you have applied for a new document, or if you have not applied for a foreigner’s passport or a travel identity document despite being entitled to such documents,
- you have not provided the necessary proof of travel medical insurance neither during a residence check nor within the time limit given by the police,
- the Ministry of the Interior has information that the Czech Republic would have to cover the costs related to your residence,
- it turns out that you do not have a valid travel document or that you have provided a fake or altered travel document, visa or residence permit,
- your travel document has been declared void by the country that issued it, or it has been stolen,
- you are registered as an inadmissible person,
- another EU Member State or a State Party with which the Czech Republic takes a common action in the cases of removals decided that you shall be removed from the country because you had been convicted to a custodial sentence longer than 1 year, or if there are reasonable grounds to believe that you have committed a serious criminal offence or you have been preparing one, or because you have breached a law governing the entrance and residence of foreigners in the Czech Republic,
- if you do not attend an interview when prompted by the Ministry or the diplomatic mission, or if you do not provide within the given time limit the necessary documents so that the information supplied in your residence permit application could be verified, or if, after the interview or the assessment of the provided information, this information still cannot be verified,
- you are registered in the information system of the Schengen countries based on which you are not allowed to enter them,
- it is considered that your residence could pose a security risk for the State or breach the peace of another Member State,
- there is a well-founded concern that during your next stay you could pose a security risk for the State, seriously breach the peace or threaten Czech Republic’s international relations,
- there is a well-founded concern that during your stay in another State Party you could pose a security risk for that State, seriously breach the peace or threaten State Parties’ international relations,
- there are findings from which it may be presumed that when your residence permit ends, you will not leave the country or that you are going to misuse the residence permit for a different purpose than the one stated in your application,
- your residence is not in the interest of the Czech Republic or other serious reasons preventing your residence in the country have been found out,
- you have not paid a fine or costs incurred in relation to the proceedings under the Foreigners Act of the Czech Republic no. 326/1999 Coll.,
- you do not meet one of the requirements for granting the given residence permit,
- your residence could pose a risk to public health because you suffer from a disease included in the requirements of the measures adopted to prevent the spread of infectious disease.
Employee card
The Ministry of the Interior will revoke your employee card if:
- you apply for revocation,
- you have been finally convicted for a purposeful commitment of a criminal offence,
- you do not fulfil the purpose of residence for which you have been granted the residence permit,
- you have stated incorrect information in your residence permit application or provided fake or altered documents showing false information essential for the assessment of your application,
- the corresponding authority did not recognise your professional qualification,
- you do an illegal job,
- you do not meet the legal requirements for issuance of an employee card,
- the employer is unreliable in line with Section 178f of the Foreigners Act of the Czech Republic no. 326/1999 Coll.
The following list of reasons applies provided that the consequences of such a decision are proportionate in terms of how they affect your private and family life. Therefore, the Ministry of the Interior can revoke this residence permit if:
- you are a legal representative of a child born in the Czech Republic and you do not apply for a residence permit for the child within 60 days from the day it was born (this obligation does not apply in the cases when the child leaves the country within this time limit),
- the police find out during a residence check that you do not have a valid passport or that you have provided a fake or altered passport or residence permit document and, at the same, you do not prove within the given time limit that you have applied for a new document, or if you have not applied for a foreigner’s passport or a travel identity document despite being entitled to such documents,
- you have not provided the Police with the necessary proof of travel medical insurance neither during a residence check nor within the time limit given by the police,
- your travel document has been declared void by the country that issued it,
- another EU Member State or a State Party with which the Czech Republic takes a common action in the cases of removals decided that you shall be removed from the country because you had been convicted to a custodial sentence longer than 1 year, or if there are reasonable grounds to believe that you have committed a serious criminal offence or you have been preparing one, or because you have breached a law governing the entrance and residence of foreigners in the Czech Republic,
- you are registered in the information system of the Schengen countries based on which you are not allowed to enter them,
- it is considered that your residence could pose a security risk for the State or breach the peace of another Member State,
- your residence could pose a risk to public health because you suffer from a disease included in the requirements of the measures adopted to prevent the spread of infectious disease.
Please also pay attention to the employee card expiration.
Blue card
The Ministry of the Interior will revoke your blue card if:
- you apply for revocation,
- you have been finally convicted for a purposeful commitment of a criminal offence,
- you do not fulfil the purpose of residence for which you have been granted the residence permit,
- you no longer meet one of the requirements for which the blue card was granted,
- you have stated incorrect information in your residence permit application or the application to extend your residence permit, or provided fake or altered documents,
- you have been unemployed for more than 3 months, provided that you collected your Blue card in less than 2 years ago,
- you have been unemployed for more than 6 months, provided that you collected your Blue card in more than 2 years ago,
- you have been repeatedly unemployed (this does not apply if the unemployment was caused for one of the reasons laid down in Section 52 (a–e) of the Labour Code, caused by an agreement for the same reasons or by immediate termination under Section 56 of the Labour Code),
- the corresponding authority did not recognise your professional qualification,
- you have no accommodation in the country.
The following list of reasons applies provided that the consequences of such a decision are proportionate in terms of how they affect your private and family life. Therefore, the Ministry of the Interior can revoke this residence permit if:
- you have applied for a living allowance, a housing supplement or extraordinary immediate assistance from the system of material need benefits,
- another EU Member State or a State Party with which the Czech Republic takes a common action in the cases of removals decided that you shall be removed from the country because you had been convicted to a custodial sentence longer than 1 year, or if there are reasonable grounds to believe that you have committed a serious criminal offence or you have been preparing one in an EU Member State or a State Party with which the Czech Republic takes a common action in the cases of removals,
- it is considered that your stay could pose a security risk for the State or breach the peace of another Member State,
- your residence could pose a risk to public health because you suffer from a disease included in the requirements of the measures adopted to prevent the spread of infectious disease.
- you have not notified the Ministry of the Interior within 3 days from the day your employment ended or your work position changed (not applicable in cases when you did not comply with the above-mentioned obligation for reasons beyond your control),
- your employer is considered unreliable.
Long-term residence permit for the purpose of family reunification
The Ministry of the Interior will revoke your long-term residence permit for the purpose of family reunification if:
- you apply for revocation,
- you have been finally convicted for a purposeful commitment of a criminal offence.
The following list of reasons applies provided that the consequences of such a decision are proportionate in terms of how they affect your private and family life. Therefore, the Ministry of the Interior can revoke this residence permit if:
- you do not fulfil the purpose of residence for which you have been granted the residence permit,
- you have stated incorrect information in your residence permit application or the application to extend your residence permit, or provided fake or altered documents,
- it has been found out that in order to acquire this residence permit you circumvented the law, especially if you entered a marriage of convenience or you gave consent of convenience leading to the establishment of paternity,
- in the case of a child, the parents’ or legal representatives’ consent to the child’s residence in the country is missing,
- you do not have sufficient funds for your residence in the country,
- you have no accommodation in the country,
- the person because of whom you are reunified applied for revocation of his/her residence permit, or his/her residence permit has been revoked or expired,
- the holder’s blue card has been revoked or has not been extended, or another EU Member State has rejected his/her application for a blue card and the blue card issued in the Czech Republic has expired,
- another EU Member State or a State Party with which the Czech Republic takes a common action in the cases of removals decided that you shall be removed from the country because you had been convicted to a custodial sentence longer than 1 year, or if there are reasonable grounds to believe that you have committed a serious criminal offence or you have been preparing one, or because you have breached a law governing the entrance and residence of foreigners in the Czech Republic,
- you have not provided the Police with the necessary proof of travel medical insurance neither during a residence check or within the time limit given by the police,
- it is considered that your residence could pose a security risk for the State or breach the peace,
- your residence could pose a risk to public health because you suffer from a disease included in the requirements of the measures adopted to prevent the spread of infectious disease.
Long-term residence permit of another EU Member State’s resident
In the case of revocation of a long-term residence permit of another EU Member State’s resident, the Ministry will also revoke the residence permit of the resident’s family member, taking into account the proportionality of the decision’s effect on their private and family lives, including cases of removal.
The Ministry of the Interior will revoke your long-term residence permit of another EU Member State’s resident if:
- you apply for revocation,
- you have been finally convicted for a purposeful commitment of a criminal offence.
The following list of reasons applies provided that the consequences of such a decision are proportionate in terms of how they affect your private and family life. Therefore, the Ministry of the Interior can revoke this residence permit if:
- you do not fulfil the purpose of residence for which you have been granted the residence permit,
- you do not have sufficient funds for your residence in the country,
- you have no accommodation in the country,
- the EU country that granted you a resident status has decided to revoke such a status and, at the same time, to revoke your permanent residence permit in the country,
- another EU Member State or a State Party with which the Czech Republic takes a common action in the cases of removals decided that you shall be removed from the country because you had been convicted to a custodial sentence longer than 1 year, or if there are reasonable grounds to believe that you have committed a serious criminal offence or you have been preparing one in an EU Member State or a State Party with which the Czech Republic takes a common action in the cases of removals,
- you have not provided the Police with the necessary proof of travel medical insurance neither during a residence check nor within the time limit given by the police,
- it is considered that your residence could pose a security risk for the State or breach the peace.
Permanent residence permit
The Ministry will revoke your permanent residence permit if:
- you apply for revocation,
- you have been finally convicted for a purposeful commitment of a criminal offence to an unsuspended custodial sentence of more than 3 years, or you have been repeatedly convicted for a purposeful commitment of a criminal offence to an unsuspended custodial sentence,
- you have been convicted in three and more cases for a purposeful commitment of a criminal offence and no more than 1 year has elapsed between the last final conviction and the initiation of the permanent residence permit revocation proceedings,
- you have stated incorrect information in your residence permit application or provided fake or altered documents showing false information essential for the assessment of your application,
- It has been found out that in order to acquire the residence permit you circumvented the law, especially if you entered a marriage of convenience or you gave consent of convenience leading to the establishment of paternity,
- you have resided outside the EU Member States for more than 12 consecutive months. This does not apply in the cases of justified serious reasons,
- you have resided as a former blue card holder or their family member outside the EU Member States for more than 24 consecutive months,
- you have resided outside the Czech Republic for more than 6 consecutive years.
The following list of reasons applies provided that the consequences of such a decision are proportionate in terms of how they affect your private and family life. Therefore, the Ministry of the Interior can revoke this residence permit if:
- you are a legal representative of a child born in the Czech Republic and you do not apply for a residence permit for the child within 60 days from the day it was born,
- you have been finally convicted for a purposeful commitment of a criminal offence to an unsuspended custodial sentence of up to 3 years,
- you have repeatedly breached the peace or others’ rights and freedoms in a serious way, and there is a well-founded concern that you could pose a security risk for the State,
- you are registered in the information system of the State Parties and the correspondent authority that registered you in the system provides additional information after the assessment of which it can be considered that the well-founded concern that you could pose a security risk for another State Party or seriously breach the peace during your residence there still exists,
- your permanent residence permit was issued on humanitarian grounds because of a marriage to a foreigner with granted asylum or because of other reasons of special consideration, and, within 5 years from the date the permit was issued, these reasons ceased to exist,
- another EU Member State or a State Party with which the Czech Republic takes a common action in the cases of removals decided that you shall be removed from the country because you had been convicted to a custodial sentence longer than 1 year, or if there are reasonable grounds to believe that you have committed a serious criminal offence or you have been preparing one, or because you have breached a law governing the entrance and residence of foreigners in the Czech Republic,
- the permanent residence permit of the person you were taking care of was revoked.
An employee card’s validity expires after the 60th day from the day you became unemployed unless in the meantime you have provided the Ministry of the Interior with a notification of change of employer, that is you have notified the Ministry that you have a new employer.
If you notify a change of employer in these 60 days, the employee card expires only if the legal requirements for such a change are not met or if the employee card’s validity has expired.
The employee card will not expire if you have duly notified a change of employer or a change of work position and the legal requirements for such a change have been met, or if in line with the legal requirements you have applied for a change of the purpose of residence.
If you have applied for an extension of the employee card’s validity and you have ended your employment, the fiction of residence based on which you are legally staying in the Czech Republic will cease to exist, unless you notify a change of employer or you apply for a change of the purpose of residence within 60 days from the termination of the employment.
If your employee card’s validity has expired, you must leave the Czech Republic. The Ministry of the Interior will issue you with a departure order for this purpose.