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• Section A General questions
• Section B Questions on specific provisions
• Section C Final questions
• Section D Table on transposition

1. Nationals of the Czech Republic have the highest treatment as nationals.
2. Their third country national family members of Czech nationals are entitled to the same treatment as third country national family members of EU nationals.

1. Nationals of Czech Republic do not need visas or residence permits, work permit etc. They also can not be expulded and they simply have a different regime then any foreigner.

2. Third country national (hereinafter the 'TCN') family members of Czech nationals and third country national family members of EU nationals have much better and safer position then any other foreigner. The law contains two types of provisions (two parts of Alien's Act) - one part is focused on EU nationals and their TCN family members (including the TCN family members of Czech nationals) and the other part focuses on TCN foreigners.

TCN family members of TCN foreigners have different position (see below).

1. Family reunification of spouses and minor children of foreigners (with the exemption of asylum seekers, refugees, foreigners with subsidiary protection, foreigners seeking subsidiary protection) is codified the Alien's Act (see Sec. 42a Alien's Act- long term residence permit, some relevant point can be found also in Sec. 66 - permanent residence permit and Sec. 30 - visa).

a) Alien's Act states (Sec. 42a), that the request for the long term residence permit for the purposes of the family reunification can be submitted (the state is not obliged to issue the long term residence permit, the obligation exists only in several cases,, see Sec. 42a(5) AlA - refugee issues, sponsor staying longer then 15 months and both under 20, ff) and hh) (see below)) by the:

• aa) Sponsor's spouse,
• bb) Minor children of the sponsor,
• cc) Adult children of the sponsor, who are dependent on the sponsor,
• dd) Minor children of the sponsor's spouse,
• ee) Adult children of the sponsor's spouse, who are dependent on the sponsor,
• ff) Minor child, who is in custody of the sponsor or his/her spouse, or has been adopted by the sponsor or his/her spouse, or the sponsor or sponsor's spouse is his/her legal guardian - if the care will be enforced on the territory of the Czech Republic.
• gg) Parent of a minor child - recognized refugee (in case that the minor child does not have a parent, any relatives in the direct ascending line is entitled, when there is no such a relative, then the request can be submitted by a legal guardian),
• hh) A foreigner older then 65 years (lone - meaning without spouse), which is unable to provide for his own needs on account of his state of health (in case of family reunification with a parent or a child who has a residence permit).

In the above mentioned possibilities, the sponsor can have either long term residence permit or permanent residence permit. The family member gets long term residence permit. The request must be submitted on the embassy, the Act also allows for lodging the request on territory of CR in some cases (42a(3),4 AlA).

b) Alien's Act also states a possibility to reunite with a family in case that the sponsor has a permanent residence permit and there is a minor child or a dependent child. The child can ask for the permanent residence permit (Sec. 66 AlA). The request must be submitted on the embassy (Sec. 69(1) AlA).

c) Alien's Act does not explicitly state the possibility to ask for a visa for a purpose of a family reunification explicitly. But the possibility exists. The law only states that a purpose of the visa must be shown within the application (Sec. 31 AlA). The person then gets a one year visa (according to the length of the stay of the sponsor). It mazy be arguable whether or not should this ‘visa' be analyzed under the Directive, as the length of the stay is just one year and the reasonable prospect of obtaining the right of permanent residence is a question - but it might at least have some impact./

d) Issue of a residence permit for the purposes of family reunification in case of polygamy is not possible.

2. Family reunification of spouses and minor children of refugees and foreigners with granted subsidiary protection (asylum seekers and subsidiary protection seekers do not have a right to family reunification) is codified mainly the Asylum Act (and in some parts of the Alien's Act).

a) The Asylum Act states that in a case requiring special consideration the refugee status on the basis of family reunification shall be given to the family members (see Sec. 13(1) Asylum Act). The Asylum Act recognizes as Family members (Sec. 13(2) AsA)

• spouse of a refugee,
• unmarried child of a refugee below 18,
• parent of a refugee below 18,
• an adult responsible for an unaccompanied minor (this part was implemented by the act which implemented the Family Reunification Directive to the AsA).

c) The same applies to the family reunification of the family member of the foreigners with granted subsidiary protection (Sec. 14a AsA).

d) The family reunification of refugees is mentioned also in the Alien's Act. The long term residence permit shall be given to the minor of a refugee or spouse of a refugee (if the marriage predated the entry of the territory of the Czech Republic). The permanent residence permit shall be issued to a spouse of a refugee (if the marriage predated the entry of the territory of the Czech Republic), minor of a refugee (if the minor is dependent on the refugee and do not ask for a refugee status). The law is not very consistent in this issue.

• passport,
• a document confirming accommodation,
• extract from a Czech judicial record (this does not apply to child younger then 15),
• photographs,
• document certifying family relationship,
• approval of a parent, other legal representative or guardian with the stay of a child on the territory of the Czech Republic (if the purpose of stay is not a family reunification with this parent, other legal representative or guardian),
• a document confirming sufficient financial resources for the stay on the territory.
• also a judicial record from a home country and a confirmation that he does not have a grave illness must be presented upon request of the officials.

Documents which must be presented with the request of a permanent residence permit are almost the same. Family member of a refugee can submit the request upon more simple conditions, but he must present also a document on the accommodation (Sec.70(3) AlA).

The Asylum Act does not require any documents.

• the long term residence permit (up to five years of stay in CR): If it is found out that the foreigner would seriously violate the public policy or endanger state security during his stay, his long term residence permit is withdraw (Sec. 46a(2)d AlA).
• the permanent residence permit (given basicaly after more then five years of stay in CR): In case of a permanent residence permit, the serious risk of a possible serious violation of the public policy and state security is the reason for rejecting the request of the status (Sec. 75(2)e AlA).

• the serious risk of a possible violation of the public policy and state security is a reason for rejection of the request of the temporary residence certificate, the violation of the public policy and state security is a reason for withdrawal or termination of the status (Sec. 87d(1)c AlA).
• the serious risk of a possible violation of the public policy and public security is a reason for rejection of the request of the permanent residence permit (Sec. 87k(1)b AlA), the violation of the public policy and public security is a reason for withdrawal or termination of the status (Sec 87l(1)a AlA).

• A parent of a refugee below the age of 18, or an adult responsible for an unaccompanied minor can be granted asylum in ‘a case requiring special consideration' (Sec. 13 AsA).
• A long term residence permit will be granted to the parents of a child, who has been granted a refugee status (Sec. 42a(5)c AlA).
• For a long term residence permit can also apply a parent of a minor child - recognized refugee. In case that the minor child does not have a parent, any relatives in the direct ascending line is entitled and if there is no such a relative then the request can be submitted by a legal guardian (42a(1)e AlA.

1. If he/she ask for a refugee status according to the provisions of the Asylum Act then nothing is required.
2. If he/she asks for a long term residence permit according to the provisions of the Alien's Act then only passport, photographs and document certifying family relationship must be presented. But this condition applies only to the requests which were submitted within a period of 3 month after the recognition of the sponsor as a refugee (42b(2) AlA). If the request is submitted after 3 month then he must present all the documents as any other foreigner - see above).
3. If he asks for a permanent residence permit then passport, photographs, document certifying family relationship and document confirming accommodation must be presented (Sec. 70(3) AlA).

1. the visa to get into the Czech Republic (in case that the residence permit was asked from abroad, of course),
2. the long term or permanent residence permit itself.

The holder of a ‘visa to receive the long residence permit' does not have the obligation to present some documents on the border control which other foreigners might be asked to present.

1. Sponsor resides on the territory of the Czech Republic on the long term residence permit. The purpose of the residence permit can b e.g. employment and then the sponsor must obtain a work permit (Sec. 89 Employment Act). Family members of this foreigner will reside on the territory of the Czech Republic on the long term residence permit for the purposes of family reunification. The family reunification is his/her purpose of the stay. If he/she would like to work, he/she must have a work permit. Then a question rises whether there can exist two purposes for the residence permit at the same time (in other words whether the residence permit can still be issued for the purpose of family reunification when there is at the same time another ‘purpose of stay'). Czech law does not mention a possibility of two purposes of the residence permit and the practise is miscellaneous. But basically they do have the same possibility as a sponsor.
2. Sponsor resides on the territory of the Czech Republic on the permanent residence permit (permanent residence permit + this status is issued when he is a recognized refugee). He does not need a work permit (Sec. 98(a), (c) Employment Act). Family members, who reside on the territory of the Czech Republic on the long term residence permit for the purposes of family reunification when the sponsor resides on the territory on the permanent residence permit or as the recognized refugee can work upon the same condition as the sponsor, they do not need a work permit (Sec. 98(l) Employment Act).
3. Sponsor resides on the territory of the Czech Republic on the one year visa. Family members, who reside on the territory of the Czech Republic on the visa for the purposes of family reunification when the sponsor resides on the territory on the one year visa - the pattern is the same as in the point A).

1. family member is a survivor of a deceased sponsor. The family member must have the long term residence permit for the purpose of family reunification issued and reside on the territory continuously for at least 2 years (as of the date of death of the sponsor). The continuous stay is not required if the survivor lost his Czech citizenship as a result of a marriage to a sponsor or the death of the sponsor was caused by work-related accident or occupational disease (Sec. 45(3) AlA). The right to submit an application expires after one year (Sec. 45(6) AlA).
2. family member is divorced with the sponsor. The marriage must have lasted for at least five years prior to the day of the divorce out of which the family member must have at least two years reside (stay continuously) in the Czech Republic. The condition of continuous stay is not required if the foreigner lost his Czech citizenship as a result of a marriage to a sponsor (Sec. 45(4) AlA). The right to submit an application expires after one year (Sec. 45(6) AlA).
3. the foreigner is older then 18 and had a long term residence permit granted for the purpose of family reunification. He has a right to submit an application for a long term residence permit for another purpose after five years (Sec. 45(2) AlA).

Permanent residence permit will be issued to any TCN foreigner after five years of continuous stay. There are provisions of the Directive 2003/109/EC (Long term residence Directive) transposed to the law and the permanent residence permit is connected to the long-term resident status to third-country nationals.

• passport,
• a document confirming above mentioned conditions - death of the sponsor or divorce and fulfilment of other above mentioned conditions (conditions given by the Secs. 45(3) or 45(4),
• a document confirming accommodation,
• a document confirming sufficient financial resources for the stay on the territory or a work permit,
• a document on medical insurance
• extract from a Czech judicial record (this does not apply to child younger then 15),
• photographs.

The long term residence permit will be withdrawn if the foreigner entered into marriage with the aim to obtain a residence permit; the status will not be withdrawn if a child was born from the marriage or a child was irrevocably adopted (46a(2)j AlA) - the best interests of the child are taken into account. The same applies to the possibility of the withdrawal of the permanent residence permit, Sec. 77(1)a AlA). The definition, checks and practices are in conformity with Art. 16(4), there were some problems regarding the adequacy of questions on the interviews which are done by Police with the spouses reported by NGOs previously, there are no such a situations now (at least not reported).

• One year visas - no (Sec. 168 AlA). The one year visa is applied only during the first year of stay, and is followed (almost automatically) by the long term residence permit, where the possibility of a judicial review exists.
• Long term residence permit - yes (a contrario Sec. 171 AlA), review on legality by a court (Law No. 150/2002 Coll., Civil Procedural Code.
• Permanent residence permit - yes (a contrario Sec. 171 AlA), review on legality by a court (Law No. 150/2002 Coll., Civil Procedural Code.

The possibility of publicly funded legal aid depends on a character of a proceeding. Decision on family reunification can be adopted

1. pursuant to the provisions of the Aliens Act as a decision on a long term residence permit,
2. pursuant to the provisions of the Aliens Act as a decision on a permanent residence permit,
3. pursuant to the provisions of the Asylum Act (for family members of refugees).

The absence of publicly funded legal aid is in a way compensated by the activity of NGOs (partly also funded by state).

The Czech legislation contains several laws, which deal with the issue of asylum and migration. The main laws are 1. Alien's Act (AlA), 2. Asylum Act (AsA), and 3. Temporary Protection Act.

The conditions for entry, residence and departure of all foreigners on the territory of the Czech Republic are given by the Alien's Act (Law No. 326/1999 Coll., Alien's Act, as amended). The Alien's Act is not applied to an alien who applied for protection by the Czech Republic in the form of asylum, and to refugees; their status is covered by the Asylum Act (Law No. 325/1999 Coll., Asylum Act, as amended). Temporary Protection Act is applied to those foreigners who applied for temporary protection, or has been granted temporary protection.

Alien's Act differs between EU citizens and their third country national (TCN) family members. Alien's Act distinguishes basically between visas, long term residence permits and permanent residence permits; the difference is mainly in the length of the status issued and the rights and duties which are connected to the statuses. Visas are issued for the stay which is not longer than one year, long term residence permits are issued for the stay which is longer than one year (and the purpose of the stay is the same), permanent residence permits are issued after five years of stay (with some exceptions - humanitarians reasons etc., when the length of the necesarry previous stay can be shorter or none).

Asylum Act is devoted to the asylum, refugee and subsidiary protection issues, Temporary Protection Act deals with the issue of temporary protection.

This questionnaire is focused on the Family Reunification Directive. Situation of the third country national family members of EU citizens will not be described in this questionnaire.

Relevant Laws:

• Law No. 326/1999 Coll., Alien's Act, as amended.
• Law No. 325/1999 Coll., Asylum Act, as amended.
• Law No. 94/1963 Coll., Family Act, as amended.
• Law No. 634/2004, on Administrative Tariffs, as amended.
• Law No. 435/2004 Coll., Employment Act, as amended.
• Law No. 150/2002 Coll., Civil Procedural Code, as amended.
• Law No. 221/2003 Coll, Temporary Protection Act, as amended.

Terminology:

• the long term residence permit - given to TCN for the stay up to five years of stay in CR,
• the permanent residence permit - given to TCN basicaly after five years of stay in CR. Also given to EU nationals and their family members, conditions are in compliance with the Directive 2004/38,
• the temporary residence permit - given to EU nationals, the status corresponds to the right of residence for more then three month, Art. 7 of the Directive 2004/38.

a) laws and regulations:

• Aliens Act 326/1999 (unofficial translation)

• correct transposition
• no transposition
• violation of the Directive
• unclear