Family unification (Sloučení rodiny)

What

A migrant may stay in the territory for the purpose of family unification on the basis of:

• Long-term residence for the purpose of family unification, if the migrant is from a country outside the EU, who is not a family member of a citizen of the EU,
• Visa for a stay of more than 90 days for family purposes, which may subsequently be renewed after 1 year in the form of a long-term residence permit for family purposes, if the migrant is from a country outside the EU, who is not a family member of a citizen of the EU,
• Temporary stay for a family member of a citizen of the EU

Who

The application for a long-term residence permit for the purpose of family unification may be filed by a migrant who is:

• Husband of a migrant with a valid resident permit,
• A dependent minor or adult child of a migrant with a valid resident permit,
• A dependent minor or adult child of a migrant’s husband with a valid resident permit,
• A minor migrant entrusted to the care of a migrant with a valid resident permit in the territory or to his/her spouse by decision of the competent body within the framework of foster care, or adopted by a migrant with a valid resident permit in the territory or her husband or whose guardian or husband of whose guardian is a migrant with a valid resident permit, provided the care shall be provided to the minor in the territory,
• A parent of a minor migrant who was granted asylum, if this minor migrant does not have parents, then the applied may filed by a direct relative in the descendant line, and if such a relative does not exist, the application may be filed by the guardian of the minor migrant,
• A lonely migrant older than 65 years of age or regardless of age, who is himself unable to take care of himself for health reasons, in the case of family unification with a parent or a child with a residence permit in the territory,
• A migrant, who prior to entry into the territory stayed in the territory of another EU member stateas a family member of a holder of the EU Blue Card. The migrant is obliged to file such an application within 1 month of entry into the territory.

The long-term residence permit for the purpose of family unification is granted if:

• The migrant to whom family unification should be granted is a holder of a long-term residence permit or permanent residence permit and has stayed in the territory for a period of at least 15 months; if family unification is concerned, both of the spouses should have attained the age of 20,
• The migrant to whom family unification should be granted has stayed in the territory for a period of at least 6 months and is a holder of an employee card,
• The husband to whom family unification should be granted was granted asylum according to special legislation, if the matrimony was established before his entry into the territory.

The application for long-term residence for family reasons may be filed by a migrant who has stayed in the territory for at least 1 year on the basis of a resident visa for a period of more than 90 days for the same purpose.

An application for a temporary residence permit for a family member of an EU citizen may be files by a migrant, if he/she is a:

• Spouse of a citizen of the EU
• Parent of an EU citizen under 21, who actually takes care of this young citizen,
• Descendant of such a citizen aged under 21 or such a descendant of a spouse of an EU citizen and
• Descendant or ancestor or else descendant or ancestor of a spouse of an EU citizen, who is due to meeting his basic needs dependent on nutrition or on other necessary care provided by this EU citizen or his spouse, or was dependent on this nutrition or care immediately prior to entering the territory, in a state of which the person concerned is a citizen or in a state in which the person concerned has a residence permit.
• If a relative of a citizen of the EU is not stated in points 1 to 4 lived with a citizen of the EU in a common household prior in the country of which he is a citizen, or country in which he was a holder of a residence permit prior to entry into the territory, or is for reason satisfying his fundamental needs dependent on sustenance or other necessary care provided by a citizen of the EU, or he was dependent on such sustenance or other necessary care immediately prior to entry into the territory of the country of which he is a citizen, or in the country in which he was a holder of a residence permit or cannot take care of himself for serious health reasons without the care of the citizen of the European Union, or
• If he has a permanent partner relationship with a citizen of the EU other than matrimony, and lives with the partner in a common household (in the assessment of the permanent character of the partner relationship, its nature, strength and intensity are mainly considered).

How

The following must be attached to the application for a long-term residence permit for the purpose of family unification:

• Travel document,
• Document proving availability of accommodation,
• 2 photographs; this does not apply if an image has been procured,
• Document proving the family relationship, (if it is an application for issue of a long-term residence permit for the purpose of family unification with the holder of the right to unification of the family, who has been granted asylum, the family relationship can be proven in some other credible way, if it is not possible to provide a document),
• In the case of a child – parental consent, or the consent of other legal representatives or guardians to the stay of the child in the territory; the consent of a parent, legal representative or guardian is required if the given parent, legal representative or guardian filed the application for the child or with whom the child shall stay in the territory, and if the applicant proves that the consent cannot be submitted for reasons independent of his will, or if the child is already resident in the territory on the basis of a long-term visa or long-term resident permit for some other purpose,
• Financial means to fund the stay– document proving that the total monthly income of the family after union shall not be less than the total of:
• Amounts of the subsistence minimum of the members of the family and
• The highest amount of the normative housing costs stipulated for the purpose of housing allowance under special legislation or the amount, which the applicant shall credibly prove as the amount of real substantiated costs of housing for the family,
• To the application for a long-term residence permit for the purpose of unification of family, the migrant who is staying as a family member of a holder of an EU Blue Card (Modrá Karta) in another member state of the EU, must also submit the document of authorisation to stay in the territory that was issued to him by another member state of the EU to him as a member of the family of a holder of an EU Blue Card (Modrá Karta),
• Upon requesta document similar to the extract from the Crimes Register (Rejstřík trestů),
• Upon request a document proving fulfilment of the requirements of measures against introduction and spread of infectious diseases.

If the application filed at a diplomatic mission of the Czech Republic is approved, the migrant is prior to award of the visa for a period above 90 days for the purpose of receipt of a long-term residence permit for family unification is obliged to present a travel health insurance document for the duration of his stay in the territory and at the same time and at the same time upon request present the document proving payment of the insurance premium stated on the travel health insurance document. In case of filing an application in the territory of the Czech Republic, these requirements must be submitted simultaneously.

The application for a long-term permit for a long-term residence permit for family unification must be accompanied by the same requirements as apply to the application for a family visa for a stay longer than 90 days:

• Travel document(original),
• Document of purpose of stay – document of proving the family relationship (especially the original or authenticated copy of the document, from which the family relationship to the holder of the right to family unification is clear (e.g. birth certificate, marriage certificate, document demonstrating dependency, document of guardianship, document proving the solitude of the migrant or his health condition),
• Document of accommodation during stay in the territory,
• Financial means to fund the stay in the territory (15-fold the subsistence minimum and this amount shall with every month of assumed stay in the territory be raised by 2-fold the subsistence minimum, which is proven by means of an extract from the bank statement or some other document of financial cover,
• 2 photographs, if an image of the applicant shall not be procured,
• Consent of the parents, if the application is being filed by a minor.
• Upon request, the applicant must also submit the following:
• A document similar to the Extract from the Crimes Register (Rejstřík trestů), issuedby the country in which the applicant is a citizen, as well as the country in which he has stayed continuously in the last 3 years for a period of more than 6 months, or an affidavit in a case where the country does issue such a document (not required from applicants aged under 15),
• A document proving fulfilment of the requirements of measures against introduction and spread of infectious diseases.

To the application for a temporary residence permit for a family member of a citizen of the EU, the following must be submitted:

• Travel document,
• document proving that the migrant is family member of a citizen of the EU,
• 2photographs,
• health insurance document (not required if the purpose of stay is employment, business or other gainful activity),
• document proving availability of accommodation in the territory of the Czech Republic.

In case of a recurrent application without new facts, the migrant is authorised to stay in the territory till the decision on the application for a temporary residence permit for a family member of a citizen of the EU comes into legal force. This authorisation is certified by the visa sticker attached to the travel document in the form of residence visa for a period of more than 90 days with a validity period corresponding to the assumed duration of the visa application procedure. The validity of the document or confirmation certifying the authorisation to stay in the territory demises on the date of legal force of the decision on such application.

The document for the stay of the family member of a citizen of the EU is issued for the period of the assumed stay of the EU citizen, maximum 5 years.

When

In respect of all types of residence permits, the migrant may be requested at any time to fulfil the above-stated conditions.

The application for a long-term residence permit for family purposes must be filed at the latest on the last day of the validity of the visa for a stay of more than 90 days or long-term residence permit.

The application for a temporary residence permit for a family member of a citizen of the EU is filed in the territory at any office of the Ministry of Interior of the Czech Republic (Ministerstvo Vnitra) within 3 months of entry into the territory.

In the case of an application for issue of a temporary residence permit for a family member of a citizen of the EU, the migrant is entitled to file this application also in a case where he is in the territory only on the basis of a short-term visa or an exit order.

Good to know

The long-term residence permit for the purpose of family unification in the case of family unification is issued for a period corresponding to the validity of the residence permit, which was issued to a holder authorised to unite the family, but at least for 1 year; in the case of family unification, if a holder authorised to unite the family has been issued with a permanent residence permit, at least for 2 years.

The period for decision on the application for a long-term residence permit for family unification is 270 days, in the case of family unification with a holder of an EU Blue Card 180 days.

In the case of a polygamous marriage, it is not possible to issue a long-term residence permit for family unification to a applicant whose husband is a carrier of the right to family unification who is already resident in the territory with another wife.

The requirements for the applications for permits for all types of the above-stated residence permits must not be more than 180 days old, with the exception of the travel document, birth certificate, marriage certificate and photograph of the applicant, provided it shows his true semblance. All submitted documents (with the exception of the travel document) must be in the Czech language, or officially translated to the Czech language.

A migrant staying in the territory on the basis of a long-term residence permit for the purpose of family unification or temporary residence permit for a family member of a citizen of the EU has free access to the labour market. A migrant staying in the territory on the basis of a visa for more than 90 days for family purposes or on the basis of a long-term residence permit for the family purposes does not have free access to the labour market.

Where

The application for a long-term residence permit for the purpose of family union is filed at a diplomatic mission of the Czech Republic  (Czech and English): http://www.mzv.cz/jnp/cz/o_ministerstvu/adresar_diplomatickych_misi/ceske_urady_v_zahranici/.

During stay in the territory on the basis of a visa for a period of more than 90 days or a long-term residence permit issued for some other purpose, the migrant may file an application for a long-term residence permit for family unification in the local office of the Ministry of Interior of the Czech Republic (Czech, English and Russian):http://www.mvcr.cz/clanek/sluzby-pro-verejnost-informace-pro-cizince-kontakty.aspx.

The application for a long-term residence permit for family unification must be filed in the territory at the office of the Ministry of Interior of the Czech Republic (Ministerstvo Vnitra)(Czech, English and Russian): http://www.mvcr.cz/clanek/sluzby-pro-verejnost-informace-pro-cizince-kontakty.aspx

The application for a temporary residence permit for a a family member of a citizen of the EU is filed in the territory at any office of the Ministry of Interior of the Czech Republichttp://www.mvcr.cz/clanek/sluzby-pro-verejnost-informace-pro-cizince-kontakty.aspx  (Czech, English and Russian): http://www.mvcr.cz/clanek/sluzby-pro-verejnost-informace-pro-cizince-kontakty.aspx within 3 months of entry into the territory.

Praha 7, Czech Republic

Praha 1 – Hradčany, Czech Republic