Fiction of Residence of Third Country Nationals

If you properly and within the stipulated time period submit an application for a residence permit or for the extension of a residence permit or visa, you are, in most cases, considered to be staying legally in the Czech Republic for the entire processing period of the administrative procedure, until the decision on the application becomes final1.

What is a fiction of residence?

A fiction of residence refers to a situation in which your stay in the Czech Republic is deemed to be legal even though you do not hold a valid physical residence permit or visa.

This situation occurs most often if:

  • in the stipulated time period you submit an application for an extension of your long-term residence or visa, or an application for a new long-term residence permit for a different purpose and at the same time
  • your biometric card or visa expires, and at the same time
  • no final decision on your application has been made yet.

When is a fiction of residence established?

  • No earlier than 90 days and no later than the last day before your current visa’s validity expires, you apply for an extension of your visa for a stay longer than 90 days or for a long-term residence permit.
  • No earlier than 120 days and no later than the last day before your current residence permit’s validity expires, you apply for an extension of your long-term residence permit (including, for instance, an employee card or a blue card).
  • No later than the last day of your current residence permit’s validity you apply for a new long-term residence permit for another purpose (change of the purpose of residence).
  • If you hold a residence permit for the purpose of studies issued by another EU Member State and you apply for a residence permit for the purpose of studies in the Czech Republic in accordance with the law.
  • If you hold a residence permit for the purpose of scientific research issued by another EU Member State and you apply for a residence permit for the purpose of scientific research in the Czech Republic in accordance with the law. This also applies to family members of such permit holders.
  • If you hold a blue card issued by another EU Member State and you apply for a blue card in the Czech Republic in accordance with the law. This also applies to family members of such permit holders.
  • If you hold an intra-company employee transfer card issued by another EU Member State and you apply for an intra-company employee transfer card in the Czech Republic in accordance with the law. This also applies to family members of such permit holders.
  • If you hold a permanent residence permit with EC long-term resident status granted in another EU Member State and you apply in the Czech Republic for:
    • a long-term residence permit for the purpose of family reunification,
      • a long-term residence permit of another EU Member State’s resident,
      • a long-term residence permit for the purpose of scientific research, an employee card or a blue card.

    When isn’t the fiction of residence established?

    If your situation does not fall into one of the above-mentioned categories, submitting an application does not establish fiction of residence.

    In most cases, a fiction of residence is not established by application for a permanent residence permit or for a visa for the purpose of tolerated stay.

    Similarly, this applies to applications for a permanent residence permit for the purpose of family reunification (child of a foreign national with a permanent residence permit). 

    Sole application for a permanent residence permit does not establish a fiction of residence.

    How is the fiction of residence related to the bridging visa?

    “Fiction of residence” refers to a situation where you are legally residing in the Czech Republic, but you do not hold a physical residence permit or visa. This situation typically occurs if:

    • you submit an application to extend the validity of your long-term residence or visa, or an application for a new long-term residence permit for a different purpose, within the prescribed period and in compliance with the law,
    • your current biometric card or visa expires during the administrative procedure, and
    • no final decision has yet been made in the procedure.

    If your stay in the Czech Republic is based on the fiction of residence and you need to leave the Czech Republic, you can apply at a Ministry of the Interior office for a bridging visa, which serves as a certificate of your residence permit.

    Example:

    • Your residence permit is valid until 30th August 2023.
    • You submit an extension application on 15th August 2023, and the Ministry initiates proceedings.
    • Your previous permit expires on 30th August 2023, and the Ministry issues a positive final decision on 15th September 2023.
    • Between 30th August and 15th September, you are legally residing in the Czech Republic on the basis of the legal fiction of residence.
    • If you need to travel during this time, you may request at the Ministry to place a bridging visa in your passport.

    1 § 47 and § 60 Act on the Residence of Foreigners