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Permanent Residence Based on Residence Permit

January 24, 2007 | author: Jitka Pechová PPU | views: 2183

Terms and conditions based on which a residence permit may be granted depending on circumstances for which a permanent residence is applied for by an alien and on a period of time for which an alien resides in the territory of the Czech Republic legally.

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Permanent Residence  Based  on Residence Permit

Terms and conditions based on which a residence permit may be granted depending on circumstances for which a permanent residence is applied for by an alien and on a period of time for which an alien resides in the territory of the Czech Republic legally. 

The residence permit is intended in particular for those who wish to live in the Czech Republic permanently. Aliens  with permanent residence enjoy more rights (registration with a labour office for inst.) compared to foreigners with a long-term residence or visa.     

The application for permanent residence shall be submitted to a Czech Republic embassy abroad. The application may be also submitted to The Head Office of Alien and Border Police in Prague in cases as provided by law. It is the applications due to humanitarian reasons or other reasons worth of special consideration. The application may be also submitted to The Ministry of Interior of the Czech Republic in the case your residence on the Czech Republic territory is in the interest of the Czech Republic.  

All requisites shall not be older than  180 days except for travel documents, registry documents.

Your application shall be cleared within 180 days from the date of its submission outside the Czech Republic territory or within  60 days from the date of its submission in the territory of the Czech Republic as the case may be.

Types of permanent residence permits

Permanent residence permit without a condition of a previous uninterrupted residence on the territory of the Czech Republic

You may apply for this type of permanent residence permit if

- you apply for this permit based on humanitarian reasons, in particular

you are a spouse of an asylum seeker and your marriage commenced before the asylum seeker entered the territory of the Czech Republic,

you are a minor child of an asylum seeker or a child dependant on a care of such asylum seeker if you do not apply for asylum, or

you were a citizen of the Czech Republic in the past,

- you apply for such permit based on other reasons worth of special consideration,

- your residence in the Czech Republic territory is in the interest of the Czech Republic,

- you apply for such permit as a minor (under 18 years) or major dependant child (a student for inst.) of an alien who resides in the Czech territory based on permanent residence permit and living together is the reason for your application  

- your previous permanent residence permit was invalidated due to an uninterrupted residence outside the EU for a period of 12 months without a serious reason (serious illness for inst.) and if the period that passed since the effect of such decision does not exceed 3 years 

 

The application for permanent residence shall be submitted to a Czech Republic embassy abroad. The application may be also submitted to The Head Office of Alien and Border Police in Prague in cases as provided by law. It is the applications due to humanitarian reasons or other reasons worth of special consideration. The application may be also submitted to The Ministry of Interior of the Czech Republic in the case your residence on the Czech Republic territory is in the interest of the Czech Republic.   

 

If a child is born to you in the Czech Republic territory, you are obliged, as the child’s legal guardian residing in the Czech Republic territory based on the permanent residence permit, to apply for  permanent residence permit for such child with local competent alien police office in the place of your reported place of residence within 60 days of such child’s birth at the latest.   

               

Requisites of the application:

- a travel document

- 2 photographs

- a document confirming your reasons for residence in the territory of the Czech Republic, e.g. certificate of marriage, birth certificate or another document proving a relationship, the above does not apply in the case of an application for permanent residence after 5 years of an uninterrupted residence in the Czech Republic territory

- a document on provision of funds covering your permanent residence in the territory of the Czech Republic, the aforementioned document does not need to be submitted in the case your upbringing by a surrogate family was decided about by a relevant body and you already reached 18 years, in which case the above document may be replaced with a covenant that such funds covering your permanent residence in the territory of the Czech Republic shall be covered by the public budgets funds   

- extract from the Penal Register of the Czech Republic and a similar document from the state citizen of which you are or the state of your permanent residence as well as a similar document of  states in which you have spent more than 6 months without interruption in the course of the past 3 years or a declaration on word of honour in the case that the respective state does not issue such document.  Persons under 15 are exempt from the aforesaid obligation.

- document proving your accommodation in the territory of the Czech Republic

- consent of a parent/legal guardian/curator to the child’s residence in the territory of the Czech Republic in the case it is not a family living together 

- a medical report confirming that you do not suffer from any „serious illness“ to be submitted only upon request of respective authority (only if you apply for  permanent residence on humanitarian grounds)

 

Permanent residence permit conditioned by a previous uninterrupted residence on the territory of the Czech Republic after the closure of asylum proceedings 

An application may be filed after 4 years of an uninterrupted residence in the territory of the Czech Republic if you dwell in its territory in the frame of a temporary residence after a closure of asylum proceedings or proceedings on granting international protection as the case may be and  the permit is applied for without delay after the closure of asylum proceedings and such proceedings - including possible cassation appeal proceedings -  took 2 years as minimum.

                Uninterrupted  period includes duration of residence in the territory of the Czech Republic based on a visa that exceeds 90 days, long-term residence permit and residence in the course of asylum proceedings including cassation appeal proceedings, as the case may be.  

Uninterrupted residence is maintained if you filed an application for international protection in a form of asylum at the latest within 7 days after the termination of temporary residence based on long-term visa or long-term residence permit. 

                The condition of uninterrupted residence and maintenance of asylum proceedings may be waived, if your minor child or your major dependant child (a student up to the age of 26)  applies for permanent residence or a person deprived of legal competence if resigned to the care of yours and you apply for such permanent residence permit.  

Requisites of the application:

- a travel document

- 2 photographs

- extract from the Penal Register of the Czech Republic. Persons under 15 are exempt from the aforesaid obligation.

- document proving your accommodation in the territory of the Czech Republic

- consent of a parent/legal guardian/curator to the child’s residence in the territory of the Czech Republic in the case it is not a family living together 

- a medical report confirming that you do not suffer from any „serious illness“ to be submitted only upon a reasoned request of respective authority (only if you apply for  permanent residence on humanitarian grounds)

- the application

                The application shall be submitted to The Ministry of Interior of the Czech Republic, Department of Asylum and Migration Policy, Prague.

 

Permanent residence permit  conditioned by a previous uninterrupted residence on the territory of the Czech Republic

                This type of residence may be applied for after meeting the condition of  5 years of uninterrupted residence in the territory of the Czech Republic based on a visa for residence longer than 90 days or based on  long-term residence permit or a granted complementary protection  pursuant to the Asylum Act

                A period you spent in the territory of the Czech Republic on business being delegated here by your employer or a foreign legal entity or a natural person shall not be included in the uninterrupted residence. A period of your absence in the territory of the Czech Republic shall not be included in the uninterrupted residence in the case individual periods exceeded 6 successive months and if it exceeded 10 months in total. A period exceeding 12 successive months if you were sent abroad on business shall not be included as well. 

                Uninterrupted residence is maintained  if one period of your absence did not exceed 12 successive months due to serious reasons, i.e. studies, serious illness etc. These facts need to be documented at the submission of an application. Such period shall not be included in the 5 years period.

                One half of a period of residence on the territory of the Czech Republic for the purpose of studies shall be included.

 

The application for permanent residence shall be submitted to a Czech Republic embassy abroad, if you reside there on a long-term basis due to serious reasons or with local competent alien police office in the territory of the Czech Republic.

 

Requisites of the application:

- a travel document

- 2 photographs

- a document confirming your reasons for residence in the territory of the Czech Republic, e.g. certificate of marriage, birth certificate or another document proving a relationship, the above does not apply in the case of an application for permanent residence after 5 years of an uninterrupted residence on the Czech Republic territory

- a document on provision of funds covering your permanent residence in the territory of the Czech Republic (the aforementioned document does not need to be submitted in the case your upbringing by a surrogate family was decided about by a relevant body and you already reached 18 years)

- extract from the Penal Register of the Czech Republic and a similar document from the state citizen of which you are or the state of your permanent residence as well as a similar document of  states in which you have spent more than 6 months without interruption in the course of the past 3 years or a declaration on word of honour in the case that the respective state does not issue such document.  Persons under 15 are exempt from the aforesaid obligation.

- document proving your accommodation in the territory of the Czech Republic

- consent of a parent/legal guardian/curator to the child’s residence in the territory of the Czech Republic in the case it is not a family living together 

- a medical report confirming that you do not suffer from any „serious illness“ to be submitted only upon a reasoned request of respective authority (only if you apply for a permanent residence on humanitarian grounds)

 

Reasons for not granting or invalidation of permanent residence permit may be the following:

- you entered into marriage for the purposee of getting permanent residence permit (the above does not apply, if a child was born in the marriage or a child was adopted irrevocably by the husband and wife in the course of the marriage duration),

- permanent residence was granted based on submission of counterfeited or altered documents, 

- you spent an uninterrupted period exceeding 6 years outside the territory of the Czech Republic,

- you repeatedly breach law and order or rights and freedoms of third persons in a material way or in the case of a justified danger that you could pose a threat to state security, 

- you did not file an application for permanent residence permit for your child within 60 days since the child’s birth on the Czech Republic territory,

- you were lawfully convicted by a Czech Republic court of a premeditated criminal act to an unsuspended sentence of imprisonment exceeding 3 years

- you failed to submit your application with  all requisites as required by law

 

You shall be granted so called certificate of permanent residence after you were issued permanent residence permit. The certificate shall be issued as a separate document (in the case of a member of family and the EU citizens) or in a form of a sticker in your travel document. This document shall be used to prove your identity and personal data.

Validity of the certificate:  10 years in the case of an adult or 5 years in the case of minors under 15 years.

 

Term of validity of the above certificate may be extended by the same period repeatedly.  You are obliged to submit an application for extension of the term of validity of the certificate to the police within 90 days prior to the expiration of validity of the certificate; you may file such appeal earlier in reasoned cases. Should submission of your application be impossible due to reasons independent on your will, you are obliged to file your application within 3 working days since the extinction of such reasons.

 

Requisites of the application: a travel document, 2 photographs or a damaged certificate or a police confirmation about reported loss of theft of such certificate as the case may be, if  you  wish to receive a substitute of such document

Administrative charge for the issuance of permanent residence permit or extension of validity of a certificate amounts to CZK 1,000,-. Children under 15 years are subject to a charge amounting to a half, i.e. CZK 5000,-.

Legal status of a long-term resident of the European Community in the territory of the Czech Republic

This status shall be granted to you by the police simultaneously  with the issuance of permanent residence permit in the case you met terms and conditions as provided by law or in the case you resided in the Czech Republic territory uninterruptedly for a period of 5 years, you did not breach law and order in a material way or you did not pose a threat to the security of the Czech Republic or any other EU member state and you have proven  provision of funds covering your permanent residence in the territory of the Czech Republic. Exemptions are stipulated by law.

 The application shall be submitted to  alien police office having local competence.

The application must be cleared  within 120 days since its submission.

The police shall make the following record in the resident’s certificate on the permanent residence permit „residence permit granted to a long-term resident - EC“.

 

 


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