Submitting an Application and on-the-spot Errors Removal

 Česky

Applications for residence permit made in the territory of the Czech Republic must be submitted within the territory at a Ministry of the Interior of the Czech Republic (MOI CR) office, an Foreign Police office or at a Czech Embassy abroad, depending on the type of application submitted and the applicant’s status. Applications for changing a long-term residence permit for a different purpose,  for a temporary residence permit for a family member of an EU citizen or a permanent residence permit must be submitted in person! An application for confirmation of temporary residence of an EU citizen, or for extension of a long-term residence permit for the same purpose as applicable until now may be submitted also in other ways. Such applicants must report to the authority in person only to pick up their residence permit.

Submission of applications may be made:

• In person
• Through a legal representative, representative or guardian *
   

Submission of applications is most often made:

• at an MOI CR office
• in writing by registered mail or *
• in electronic form via data box or *
• by e-mail signed by guaranteed electronic signature. *
   

* Application for long term visa, application for prolongation of the live to remain long term visa,  application for long term residence permit, application for temporary residence permit for a EU family member and application for permanent residence permit has to be submitted by applicant  in person. In case the applicant is younger than 15 years, his /her legal guardian (mother, father) has to submit the application on his/her behalf also in person. If the application is not submitted in person, eventhough the Act on the Residence of Foreign Nationals in the territory of the Czech Republic (Act No.: 326/1999 Coll.) specifies the duty of a personal submission, an administrative proceedings is not commenced and the application will be returned back to the applicant. The decision cannot be appealed since it is only noted into the file.

Under the provision of § 169d par. 2 of the Act on Residence of Foreign Nationals all applications for a residence permit that has to be submitted by applicant in person  must be lodged only at the respective bureau of Department for Asylum and Migration Policy of the Ministry of Interior (you can find list of bureau here). Legal obligation to submit the application in person is not possible to fulfill at the Central registry of Ministry of Interior nor at other bureaus of the Ministry of Interior. The application is deemed to be submitted only in case it is handed over by applicant in person to the respective officer. Respective officer can be only employee of the of Department for Asylum and Migration Policy, not the officer of the Central registry of Ministry of Interior.

The application for certificate of temporary residence of an EU citizen, or for extension of a validity of a long-term residence permit issued for the same purpose, the applicant is not obliged to submit in person.

Applications must be made on the appropriate form. When the form is not used, the application for long term visa (incl. its prolongation) is inadmissible while in case of the application for residence permit MoI or embassy is obliged to terminate the proceedings and not examine the application.

MOI CR offices are obliged to accept applications in all cases. It must be clear from the application what the foreign national is applying for. At the request of the applicant, the MOI CR will issue a confirmation of submission of an application.

MOI CR is to provide the applicant assistance and guidance. Guidance and assistance are focused on eliminating shortcomings in the application with regard to the applicant’s specific situation. An MOI CR official will help to correct any obvious errors on the spot if this is possible and expedient.

On acceptance of an application submitted in person by the applicant, the official accepting the application will request the applicant to provide telephone contact number on the application or on the confirmation of acceptance of the application to facilitate easier communication.

According to the provisions of Section 44(1) of the Administrative Procedure Code, application proceedings are commenced on the day of arrival of the application, or other request instigating proceedings, to the locally and substantively competent administrative authority (MOI CR). The time period for issuing a decision begins to elapse from that date. More on deadlines, time period and calculating time elapsed here.

You can read more on submissions via data box or by e-mail here.

Department for Asylum and Migration Policy, November 10th, 2021

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