Granting of the Czech citizenship
Czech citizenship can be acquired by a foreigner in two cases – being granted by the Ministry of Interior of the Czech Republic based on an application or by a declaration. The application for granting the Czech citizenship can be submitted by a foreigner who has a permanent residence permit in the Czech Republic and meets number of legal requirements. There is, however, no legal claim to receive Czech citizenship. The situation is different for the “foreigners” who mostly live outside of the territory of the Czech Republic but derive their Czech citizenship from their direct Czech or Czechoslovakian ancestors. In this case, there is a legal entitlement, and the citizenship can be acquired by a declaration. Since 2014, Czech legislation allows dual or multiple citizenship, i.e. the applicant does not have to renounce his/her original citizenship in order to acquire citizenship of the Czech Republic. The applicant must, however, assess the effects of the newly acquired Czech citizenship on his/her original citizenship based on the legislation of his/her country of origin as the naturalization in the Czech Republic could result in the loss of the original citizenship in some countries.
Czech citizenship can be granted to a foreigner, who has been permanently residing in the Czech Republic continuously for at least 5 years, or for at least 3 years in case of EU citizens. Also, it can be granted in case if the foreigner spent in the Czech Republic a period of time, which together with immediately preceding authorized stay (i.e. long-term visas, long-term residence permit and permanent residence permit) exceeds 10 continuous years. The applicant must prove, that he/she actually has been residing in the Czech Republic for at least half of the time of the stay as stated above. Certain period of absence is allowed, unless those periods exceeded 2 consecutive months, or 6 consecutive months for serious reasons.
The applicant is obliged to pass two exams, one that proves the knowledge of the Czech language and the other that proves the knowledge of the constitutional system of the Czech Republic and basic orientation in cultural, social, geographical and historical tests relating to the Czech Republic. This condition does not have to be fulfilled by the applicant who completed at least 3 years of studies at a Czech elementary, secondary school or university in the Czech language. Other exception applies to applicants with physical or mental disability and to applicants who are younger than 15 years or older than 65 years.
Further, the Czech citizenship can be granted to an applicant who has not been legally convicted of a negligent criminal offense resulting in imprisonment or for an intentional criminal offense. The applicant must also prove that his/her stay in the Czech Republic in the last 3 years without serious reason burden on the welfare system and did not significantly violate legal obligations has not connected with the rules of entry and stay in the territory of the Czech Republic, public health insurance, social security, pension insurance, employment, taxes, custom duties, charges and fees, etc.
The application for the Czech citizenship shall be submitted at the registry department of a Regional or Municipality office according to the official residence address of the applicant, but the Ministry of Interior will be in charge of the decision making. Number of documents must be submitted together with the application, such as birth and marriage certificates, police clearance certificate, a curriculum vitae in the Czech language, documents proving resources of financial funds, including funds from abroad, and confirmations of indebtedness issued by number of Czech authorities. It is advisable to contact a legal professional for support in completion of these documents.
The submission of an application is free of charge, only if the citizenship is granted, there is an administrative fee of 2000 CZK for an adult applicant and 500 CZK for a minor applicant. The Ministry of Interior shall decide about the application within 180 days after receiving the application from the registry department, however, this period is rarely respected due to the high number of applications being submitted and the complexity of the process.
The applicant becomes a citizen of the Czech Republic on the day he/she swears the citizenship oath and accepts the certificate of acquisition of the Czech citizenship. The new Czech citizen shall apply for issue of Czech birth certificate, identity card, eventually a passport and shall return the permanent residence card and notify the Department of Asylum and Migration policy of the Ministry of the Interior about the acquisition of the Czech citizenship. In case the application for granting the Czech citizenship is rejected, the applicant is allowed to submit a new application only after two years or later.
For more information please contact:
Monika Rutland, partner
rutland & partners, advokátní kancelář s.r.o.
tel: +420 226 226 026
email:monika.rutland@rutlands.cz
rutland & partners, advokátní kancelář s.r.o.
rutland & partners is supporting its affiliate Expat Advisors s.r.o. with legal services in the Czech Republic. Law firm rutland & partners has been on the market 9 years (formerly law firm rutland jezek). In course of its existence it has advised hundreds of expats and foreigners in connection with Czech immigration, real estate, family, employment law and wills & trusts. It has extensive experience with all expat and foreigner issues in the Czech Republic from Czech long term visa, divorce in the Czech Republic, Czech child custody issues and expat employment terminations. It had also completed over 200 real estate purchases and sales of apartments and houses in Prague both for expats and foreigners.
