Czech citizenship for a fully integrated foreigner in Czech Reppublic
Foreign citizens granted with permanent residency in Czech Republic can apply for Czech citizenship, based on fulfilling all conditions listed below.
The applicant can apply for granting Czech citizenship in case he is fully is integrated into Czech society, in particular regarding to his family, work and social relations,
AND
the applicant does not jeopardize national security, its sovereignty and territorial integrity, democratic foundations, lives of people, health or property values,
AND
the applicant is able to fulfill following conditions:
1. Permanent residence in Czech Republic
In case the applicant is not the citizen of any member state of EU, the permanent residence is required for at last 5 years (this period includes the period of any legitimate stay in the Czech Republic before the age of 18).
In case the applicant is the citizen of a member state of EU, the permanent residence is required for at last 3 years (this period includes the period of any legitimate stay in the Czech Republic before the age of 18).
In case the applicant has the permanent residence in Czech Republic for shorter period then mentioned above, he can apply for Czech citizenship if the permanent residence permit together with other temporary residence permit granted before to the applicant establishes his legitimate stay in the Czech Republic for at least the period of 10 years.
Possible reasons for waiver of condition 1: The applicant is residing in the Czech Republic legally and:
- was born in the Czech Republic, or
- was a citizen of the Czech Republic or the Czech Socialist Republic, or until 1968 a citizen of the Czechoslovak Republic or the Czechoslovak Socialist Republic, or
- at least one of his parents is a national of the Czech Republic, or
- was adopted by a Czech citizen after the age of 18, or
- his spouse or registered partner with whom he lives in a common household is a citizen of the Czech Republic, or
- is allowed to reside in the Czech Republic for reasons of humanitarian, other reasons worthy of special consideration, or if his/her stay in the territory is in the interest of the Czech Republic, or
- is under 18 years of age at the date of application, or
- is a person without any citizenship, or has been granted international protection in the Czech Republic in the form of asylum, in case the decision to grant this form of international protection is valid at the date of application.
2. Actual stay in Czech Republic
The applicant has to prove that he/she actually resides in the territory of the Czech Republic for at least one half of his/her stay required under the condition 1. This period includes:
- a period of absence not exceeding 2 consecutive months;
- an absence period of not more than 6 consecutive months for a serious reason, in particular pregnancy, childbirth, serious illness, studies, business trip, or vocational training.
Possible reasons for waiver of condition 2: The applicant has permanent residence in Czech Republic and:
- his spouse or partner with whom he/she lives in the household is a citizen of the Czech Republic;
- is under 18 years of age at the date of application.
3. Clean penal record (Applies to the applicant who is 15 years of age or older.)
In case the applicant resides in Czech Republic for more than 10 years, the applicant has to prove that he/she was not convicted in Czech Republic for (i) a negligent offense to a custodial sentence or for (ii) for willful crime.
In case the applicant resides in Czech Republic for less than 10 years, the applicant has to prove that
- he/she was not convicted in Czech Republic for (i) a negligent offense to a custodial sentence or for (ii) for willful crime, and
- he/she was not convicted in the country of which he/she is a national, unless it is an applicant who has been granted international protection in the Czech Republic in the form of asylum or subsidiary protection, for (i) a negligent offense to a custodial sentence or for (ii) for willful crime, and
- he/she was not convicted in countries where he/she has been staying continuously for more than 6 months after the age of 15 years in the last 10 years prior to the date of application for (i) a negligent offense to a custodial sentence or for (ii) for willful crime.
Condition 3 is not possible to waive.
4. Ability to speak Czech language
The applicant has to prove his/her ability to use Czech language. The Czech language exam takes place at the Institute of Language and Preparatory Studies at Charles University, while the following exams are considered as equal:
- high school graduation exam from Czech language;
- Czech language exam at a language school entitled to carry state language exam;
- state final exam, state Ph.D. oral exam or state doctoral exam performed at a university within a study program studied in the Czech language;
- an Czech language exam with Czech language as a foreign language for level B1 or higher, certified by the Association of Language Testing Institutions in Europe (ALTE) and carried out by a full lawful member of this association.
The applicant does not need to prove the knowledge of the Czech language if he/she:
- studied for at least 3 years a primary, secondary or high school studied in the Czech language program/studied in Czech language, or
- is younger than 15 years old or older than 65 years old at the date of application, or
- has a physical or mental disability that prevents him/her from acquiring knowledge of the Czech language.
Condition 4 is possible to waive for reasons worthy of special consideration.
5. Knowledge of Czech life and institutions
The applicant has to prove his/her knowledge of the constitutional system of the Czech Republic and basic orientation in cultural-social, geographic and historical realities of the Czech Republic. The Czech life and institution exam takes place at the Institute of Language and Preparatory Studies at Charles University.
The applicant does not need to prove the knowledge of the Czech life and institutions if he/she:
- studied for at least 3 years a primary, secondary or high school studied in the Czech language program/studied in Czech language, or
- is younger than 15 years old or older than 65 years old at the date of application, or
- has a physical or mental disability that prevents him/her from acquiring knowledge of the Czech language and Czech life and institutions.
Condition 5 is possible to waive for reasons worthy of special consideration.
6. Fulfillment of obligations under the Czech law
The applicant has to prove, that in the past 3 years, he/she has not seriously breached the obligations under the legislation regulating:
- entry and residence of foreigners in the Czech Republic
- public health insurance
- social security
- pension insurance
- employment
- taxes
- customs duties
- levies and fees
- maintenance obligation towards a child who is permanently resident in the Czech Republic
- a public service obligation to the municipality in which the applicant is registered to stay, in the case of obligations imposed by the municipality in an independent jurisdiction
Possible reasons for waiver of condition 6: The applicant has eliminated the harmful consequence of breach of above-mentioned regulations or has taken effective action to eliminate such consequences.
7. Proof of the income and source of income (This condition must be met by an applicant over 18 years of age)
The applicant has to prove, that for the period of the last 3 years preceding the date of the application:
- the amount and sources of his/her income;
- that he/she pays taxes on such income (unless another person fulfills this obligation, i.e. the employer)
- compliance with the notification obligation for cross-border transport
- cashless transfers of funds from abroad.
Condition 7 is not possible to waive.
8. Proof of not being a burden to the state social support or system of material emergency
The applicant proves that in the last 3 years prior to the date of application, that he/she did not burden or use the state social support system or the system of assistance in material need significantly and without serious reasons.
Significant burdens on the system of state social support or the system of assistance in material need mean that the applicant is predominantly dependent on benefits provided from the state social support system or the system of assistance in material need, unless it is a person excluded from employment:
- because of his health, or
- because such person is preparing for a future employment, or
- because such person currently takes maternity or parental leave, or
- because such person continuously cares for another person who is dependent on such care.
Condition 8 is possible to waive for reasons worthy of special consideration.
No other reasons, that the abovementioned are not possible for waive of some of the conditions.
Even in case the foreigner – the applicant is able to fulfill all above-mentioned conditions, he/she is not entitled to be granted Czech citizenship. Every case is a subject to free administrative consideration of Ministry of Interior of Czech Republic, and there is not any legal claim for Czech citizenship to be granted. Our lawyers can assist you in the above mentioned proceeding.
For more information, contact us at:
ECOVIS ježek, advokátní kancelář s.r.o.
Betlémské nám. 6
110 00 Praha 1
e-mail: mojmir.jezek@ecovislegal.cz
www.ecovislegal.cz
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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