Permanent Residence of a Foreigner Entrusted to Foster Care

Foreigners entrusted to foster care have a right to permanent residence in the territory of the Czech Republic. This right arises from the law and there is no need to apply for it with the Ministry of the Interiror.

 Who is entitled to the permanent residence status?

Permanent residence of a foreigner entrusted to foster care applies wholly to children entrusted to a foster care replacing parental care by a final decisions of Czech courts, such as the following cases:

  • child entrusted to a person other than his/her parent,
  • child committed to a future adoptive parent,
  • natural person appointed as a guardian (provided s/he carries out the childcare in person),
  • child entrusted to a foster care or to a temporary foster care,
  • child entrusted to a preliminary foster care to a foster care applicant,
  • child sent to an institutional home based on Court´s Ruling.

Child must be younger than 18 years of age.

At least one natural person, to whom the child is entrusted, must have the permanent residence status in the territory of the Czech Republic, or the institution, where the child is placed, must be situated in the territory of the Czech Republic.

What are the rights and obligations of foreigners entrusted to foster care?

  • Child under 15 years of age can stay without any travel document in the Czech Republic.
  • Child has to apply for the issue of a card of permanent residence permit personally at a Ministry of the Interior office within 30 days after reaching 15 years of age at the latest. A travel document and a photograph must be submitted when filing the application.
  • The Ministry of the Interior is obliged to issue a certificate of residence at request of the citizen entrusted to foster care, providing that the applicant submits court´s decision on the foster care provision. The persons entitled to take over the certificate of residence are as follows:
    • the foreigner himself/herself, if s/he is older than 15 years of age,
    • a natural person, to whom the foreigner is entrusted to
    • en employee of the institutional home in which the foreigner is placed
    • a foster parent, who is representing the foreigner

Residence of foreigners entrusted to foster care after their reaching 18 years of age

  • Foreigners, who were entrusted to foster care before reaching 15 years of age, are entitled to stay in the territory on the basis of permanent residence status also after reaching 18 years of age.
  • Foreigners, who were entrusted to foster care after reaching 15 years of age, have to file an application for permanent residence permit under § 66, section 1 letter a) of the Foreigners Act (for humanitarian reasons). This application must be filed within 60 days of their reaching 18 years of age. The right to permanent residence is in this case valid until the final decision on the application (which is usually the day of acceptance of the decision). Unless the foreigners file the application for permanent residence within 60 days of their reaching 18 years of age, their entitlement to permanent residence in the territory expires.