Acquisition – inheritance of Czech citizenship by declaration

Acquisition of Czech citizenship by declaration / by inheritance

The Czech citizenship and thus also the Czech passport (EU passport) can be obtained in specific cases, especially if you are descendant of a former Czech citizen. In which cases are entitled to obtain a Czech citizenship by means of declaration?
 
 

Acquisition of Czech citizenship in the Czech Republic by a declaration pursuant to Section 31 of the Act on Citizenship of the Czech Republic

By a declaration pursuant to Section 31 of the Act on Citizenship of the Czech Republic (hereinafter referred to as the "Declaration"), a natural person who has lost Czech or Czechoslovak citizenship before 1st January 2014 may acquire the Czech citizenship unless the losing of Czechoslovak citizenship happened by the Constitutional decree of the President of the Republic on the adaptation of Czechoslovak citizenship to persons of German and Hungarian nationality or by a treaty between the Czechoslovak Republic and the Union of Soviet Socialist Republics on Transcarpathia Ukraine or unless the natural person in question is a Czechoslovak citizen who became a citizen of the Czechoslovak Socialist Republic on 1st January 1969 or would have become on 1st January 1969 a citizen of the Slovak Socialist Republic or, after January 1st, 1969, acquired the citizenship of the Slovak Socialist Republic or the Slovak Republic and is still a citizen of the Slovak Republic.

The declaration may also be made by a former Czechoslovak citizen who had a permanent residence in the territory of the Czech Republic or the Czech Socialist Republic before leaving abroad unless he is a citizen of the Slovak Republic on the date of the declaration.

 

Acquisition of citizenship of the Czech Republic by a declaration pursuant to Section 32 of the Act on Citizenship of the Czech Republic

By declaration pursuant to Section 32 of the Act on Citizenship of the Czech Republic (hereinafter referred to as the "Declaration"), a natural person who, on 31st December 1992, was a citizen of the Czech and Slovak Federal Republic and was neither a Czech citizen nor a citizen of the Slovak Republic; the acquisition of citizenship of the Czech Republic is not allowed in this way to a natural person who, on the date of making the declaration, is a citizen of the Slovak Republic.

A natural person who is a lineal descendant of a former Czech citizen (see above) may claim citizenship of the Czech Republic if he / she was not a Czech citizen or a citizen of the Slovak Republic.

The Declaration may include a child. A separate Declaration can also be made for the child.

If the Declaration for a child is made only by one of the parents of the child, it is necessary to provide the consent of the other parent with his officially authenticated signature that the child acquires the citizenship of the Czech Republic; the consent of the other parent is not required if the parent was deprived of the parental responsibility, the exercise of his or her parental responsibility was restricted or suspended in this area, his / her residence (if he / she lives outside the territory of the Czech Republic) is not known or if he / she is deceased.

If both parents died, were deprived of parental responsibility, the exercise of their parental responsibility was limited or suspended in this area, or if their residence is unknown (if they live outside the territory of the Czech Republic), the Declaration can be made by a statutory guardian or guardian.

If the child is over 15 years of age, his / her consent must be attached to the Declaration with an officially authenticated signature; a certified signature is not required if the child expresses his / her consent and signs the Declaration before the administrative authority to which the Declaration is made.

 

Acquisition of citizenship of the Czech Republic by a declaration pursuant to Section 33 of the Act on Citizenship of the Czech Republic

By a declaration pursuant to Section 33 of the Act on Citizenship of the Czech Republic (hereinafter referred to as the "Declaration"), a natural person born in the period from 1st October 1949 to 7th May 1969 outside the territory of the Czechoslovak Republic and one of its parents was the Czechoslovak citizen on the date of her birth and on January 1st, 1969 he / she became or would become a Czech citizen on this day.

The Declaration might have been submitted by 31st December 2014 at the latest.

 

Acquisition of citizenship of the Czech Republic by a declaration pursuant to Section 34 of the Act on Citizenship of the Czech Republic

By a declaration pursuant to Section 34 of the Act on Citizenship of the Czech Republic (hereinafter referred to as the "Declaration"), a natural person who has been illegally issued a document proving the citizenship of the Czech Republic may acquire the Czech citizenship if he / she has been in good faith that he / she is a Czech citizen and provided that such a document has not been annulled within 10 years from the date of its issue.

 

Acquisition of citizenship of the Czech Republic by a declaration pursuant to Section 35 of the Act on Citizenship of the Czech Republic

A declaration pursuant to Section 35 of the Act on Citizenship of the Czech Republic (hereinafter referred to as the "Declaration") a natural person may acquire the citizenship of the Czech Republic within 3 years from reaching the age of 18 if:

He / she has a permanent residence in the Czech Republic,

at the latest from the age of 10, up to the date of the declaration he / she legally resides in the territory of the Czech Republic for at least two thirds of this period,

he / she was not convicted of a criminal act unless he / she does is looked at as if he / she was not convicted.

Transitional provision of the Act on Citizenship of the Czech Republic:

A natural person who meets the above conditions but who is older than 21 years of age on the date of entry into effect of the Act on Citizenship of the Czech Republic, i.e. 1st January 2014, may, within 1 year from the date of entry into effect of this Act, i.e. January 1st 2015, make a declaration to acquire the citizenship of the Czech Republic.

 

Acquisition of citizenship of the Czech Republic by a declaration pursuant to Section 36 of the Act on Citizenship of the Czech Republic

A declaration pursuant to Section 36 of the Act on Citizenship of the Czech Republic (hereinafter referred to as "Declaration") a child who abides in the Czech Republic in accordance with other legal regulations if it was entrusted to the substitute care may acquire the Czech citizenship.

If the Declaration for a child is made only by one of the parents of the child, it is necessary to provide the consent of the other parent with his / her officially authenticated signature so that the child acquires the citizenship of the Czech Republic; the consent of the other parent is not required if the parent was deprived of the parental responsibility, the exercise of his or her parental responsibility was restricted or suspended in this area, his / her residence (if he / she lives outside the territory of the Czech Republic) is not known or if he / she is deceased.

If both parents died, were deprived of parental responsibility, the exercise of their parental responsibility was limited or suspended in this area, or if their residence is unknown (if they live outside the territory of the Czech Republic), the Declaration can be made by a statutory guardian or guardian.

The Declaration may also be made by a person who has been entrusted with the custody of a child by a final judicial decision, or by a director of a facility for institutional care, or a facility for children requiring immediate aid, who take care of the child on the basis of a final judicial decision.

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About ECOVIS ježek advokátní kancelář s.r.o.
The Czech law office in Prague ECOVIS ježek practices mainly in the area of Czech commercial law, Czech real estate law, representation at Czech courts, administrative bodies and arbitration courts, as well as Czech finance and banking law, and provides full-fledged advice in all areas, making it a suitable alternative for clients of international law offices. The international dimension of the Czech legal services provided is ensured through past experience and through co-operation with leading legal offices in most European countries, the US, and other jurisdictions. The Czech lawyers of the ECOVIS ježek team have many years of experience from leading international law offices and tax companies, in providing legal advice to multinational corporations, large Czech companies, but also to medium-sized companies and individual clients. For more information, go to www.ecovislegal.cz/en.

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