According to the Alien Act, permanent residence in the Czech Republic may be applied for after five years of continuous stay in the Czech Republic by any foreign national, thus by a national of an EU Member State, Norway, Iceland, Liechtenstein and Switzerland, as well as by a national of any other state (further referred to as a “third-country national”).

In case of a third-country national, five years of continuous stay includes also periods during which a third-country national was staying in the Czech Republic on the basis of a long-stay visa (visa for a stay over 90 days) and long-term residence permit or period spent in the Czech Republic on the basis of a residence document issued in line with the Asylum Act or Temporary Protection Act, provided that this Act no longer applies to the foreigner.

On the contrary, five years of continuous stay does not include periods during which the third-country national was staying in the Czech Republic due to his/her secondment for work by a foreign employer or foreign legal entity or natural person. Further, not included are also periods spent for the purpose of a seasonal work or help with domicile works for food, accommodation and pocket money designed for covering basic social, cultural or educational needs. Periods spent in the Czech Republic for the purpose of studies are counted by a half.

Five years of continuous stay furthermore includes also periods when third-country nationals are not actually present in the Czech Republic. However such periods may not exceed 6 subsequent months, or the sum of individual periods during which a foreign national was not present must not exceed 10 months, or in the case of a foreigner seconded to work abroad, it must not exceed 12 subsequent months.

Further, continuous stay is recognised if one period during which the third-country national was not present in the Czech Republic exceeded 12 subsequent months for serious reasons, in particular pregnancy and giving birth to a child, serious illness or studies or special training; however such a period will not be included in the five years of continuous stay.

A third-country national must enclose with his/her application for permanent residence the following documents:

• a travel document;
• 2 photographs,
• a document proving adequate means of subsistence for his/her permanent residence in the Czech Republic (§ 71 par. 1 of the Alien Act);
• upon request a document similar to an extract from the Criminal Register as a document for assessing his/her criminal records issued by the country of which the third-country national is a national or where he/she has permanent residence, as well as by those countries in which the foreigner has resided during the last 3 years for a continuous period exceeding six months, or a statutory declaration if such country does not issue a document of this kind; such a document cannot be requested of a third-country national aged under 15 years and a third-country national over 15 years, who has been granted a visa for a stay over 90 days for the purpose of exceptional leave to remain in the Czech Republic or a long-term residence permit for the purpose of exceptional leave to remain, who has been granted a subsidiary protection according to the Asylum Act,
• a document proving accommodation in the Czech Republic (§ 71 par. 2 of the Alien Act);
• the consent of one of the parents or any other statutory representative or guardian approving the permanent residence of a minor in the Czech Republic unless reunification of family with this parent, statutory representative or guardian is concerned; this document is not requested if the third-country national proves that he/she cannot submit such a document due to reasons independent of him/her,
• As from 1 January 2009 a document proving the required knowledge of Czech language issued by a school listed on a list of schools authorised to carry tests of Czech language knowledge laid down by a Decree No. 348/2008 Coll. of the Ministry of Education, Youth and Sport (this decree also lais down the extent of the required Czech language knowledge).

A document proving the knowledge of Czech language is not requested by a third-country national who:

• has not reached the age of 15 years,
• proves that he/she has been over the 20 years preceding the submission of the permanent residence application at least for 1 school interrupted year a pupil of a basic or secondary school teaching in Czech,
• proves physical or mental disabilities effecting his/her way or communication, or
• has reached the age of 60 years.

In the case a national of another EU Member State, Norway, Iceland, Liechtenstein or Switzerland, the condition of five years of uninterrupted stay in the Czech Republic is maintained as long as he/she has not left the Czech Republic for a period exceeding 6 months a year. The condition of an uninterrupted stay on the territory is also maintained if:

• obligatory military service is the reason for leaving the Czech Republic,
• one period of absence does not exceed 12 subsequent months for serious reasons, in particular pregnancy and giving birth to a child, serious illness or studies or special training, or due to secondment for work abroad.

The application for permanent residence must be enclosed together with the following documents:

• travel document or ID,
• 2 photographs,
• a document proving fulfilment of conditions of a 5-year uninterrupted stay on the territory of the Czech Republic,
• a document proving accommodation in the Czech Republic.

In the case of a family member of a national of the EU, Norway, Iceland, Liechtenstein or Switzerland, who is not a national of any stated countries, the condition of a 5-year uninterrupted stay in the Czech Republic is assessed equally as is the case of a national of another EU Member States, Norway, Iceland, Liechtenstein or Switzerland. A list of persons regarded as family members is laid down by the § 15 of the Alien Act.

A family member of a national of the EU, Norway, Iceland, Liechtenstein or Switzerland is obliged to submit the application for permanent residence with the same documents as a national of any EU Member State, Norway, Iceland, Liechtenstein or Switzerland (identity is proved by enclosing a travel document).

Under conditions laid down by the Alien Act, the permanent residence may be granted also in case of not fulfilling the condition of a 5-year uninterrupted stay in the Czech Republic. In the case of third-country nationals, these conditions are laid down by the § 66 and 67 of the Alien Act, in the case of nationals of the EU, Norway, Iceland, Liechtenstein or Switzerland and their family members in § 87g and 87h of the Alien Act.