Overview of the changes made in the conditions for foreigners staying on the territory of CR
- Roman Burnus
- Jana Brhlová
The Parliament passed act no. 274/2021 Coll. on 13 July 2021 with effect from 2 August 2021 amending act no. 326/1999 Coll., on Residence of Foreigners on the Territory of the Czech Republic and on change of some acts as subsequently amended, and other related acts.
The Act on Residence of Foreigners on the Territory of the Czech Republic newly distinguishes between close and distant family members. Under the law, a close family member of an EU citizen is: the spouse, parent, offspring. Distant family members include: a dependent person, a household member and a person, which urgently requires personal care due to health reasons.
Exchange of documents
Family members of EU citizens are obliged to exchange their current documents for new biometric ones. The exchange of documents for new ones is free of charge. The validity of current documents, which do not have biometric features, ends on 3 August 2023. It is recommended for distant family members to request exchange by 31 August 2022 at the latest, in order to maintain the status of close family members.
Biometric documents will newly be issued for citizens of third countries from 2 August 2021. In case of temporary residence of a family member of an EU citizen, it will be a residence permit card or a residence card. In case of permanent residence, a residence permit card or a permanent residence card will serve as proof.
Certificate of residence
If a citizen of the EU decides to request a temporary residence certificate on the territory of the Czech Republic, he will be issued a certificate of registration, which newly replaces the temporary residence certificate.
The document will continue to be issued with 10-year validity and it will be a document without biometric features. The already issued temporary residence certificates are newly considered certificates of registration and these certificates remain valid for the duration of their validity.
Citizens of Great Britain, who have acquired a temporary residence certificate in the past or have been permitted permanent residence on the territory of CR, are obliged to exchange their current documents for new biometric ones. They are obliged to request exchange by 31 August 2022 at the latest and the same applies to their family members.
If citizens of the Great Britain prove that they resided legally on the territory of the Czech Republic as of 31 December 2020, they may request the issuing of a certificate of residence. This certificate is issued in the biometric form of a residence permit card, which is valid for a period of 5 years. The UK national will continue to be subject to the provisions of the Aliens Act relating to EU nationals for as long as the card is valid.
The essentials of the request do not change for close family members of EU citizens. It is still obligatory to present a valid travel document, a photograph, proof of health insurance and arranged accommodation. It is also necessary to submit a document proving that the given person is a family member of an EU citizen, or proof of the EU citizen's residence in the Czech Republic.
A change has been made for distant family members. These persons are now required to provide proof of the total monthly income of the family after reunification and proof of travel health insurance covering comprehensive health care for the entire duration of their stay with their application for a temporary residence permit.
An administrative fee of CZK 200 is newly introduced, which is only collected in the form of a stamp, for accepting an application such as a request to be issued a certificate of registration of EU citizens (temporary residence certificate), request for issuing a temporary residence permit for a family member of an EU citizen.
The administrative fee also applies to the application for prolongation of a residence card or residence permit for a family member of an EU citizen and an application for a permanent residence permit for an EU citizen and his/her family member.
Complex health insurance
A foreigner entering the territory of the Czech Republic, who will be staying on its territory for more than 90 days, is obliged to arrange travel insurance in the scope of complex health care within these 90 days.
It will only be possible to arrange obligatory travel insurance in the scope of complex healthcare for a period of 5 years with the VZP, a.s. health insurance company. If the foreigner has negotiated travel health insurance before 2 August 2021, this insurance remains valid for the future as well.
The obligation of arranging complex health insurance does not apply to EU citizens and their close family members. This obligation further does not apply to foreigners, who are participants in public health insurance or are holders of a valid EHIC and GHIC health insurance card, or if the healthcare of these foreigners is paid under international contracts.
Health insurance of newborns
A child born to a foreign mother with a long-term residence permit in the Czech Republic is now newly an insured person of the public health insurance. The newborn will be covered by this system of insurance for a limited period of time. The newborn will be an insured person from the date of birth until the end of the calendar month, in which he/she completes 60 days of age.
After that, complex private health insurance needs to be arranged, if the child continues to stay in the Czech Republic.
Within 8 days from being born, the child needs to be reported to the respective health insurance company, where the mother of the child is insured. If the mother does not have public health insurance in the Czech Republic, the child is registered at the father’s health insurance company. In case neither of the parents is insured in the Czech Republic, the child is registered at the VZP a.s. health insurance company.
The parent or legal guardian is obliged to pay insurance premium for the child. Health insurance premium may be paid in a single payment for the entire period.