For the purposes of the Act on the Residence of Foreign Nationals, foreigners over 15 years of age who are capable of expressing their will and acting independently are considered procedurally competent to perform legal acts1. This means that:
- foreigners under 15 years of age must be represented by their legal guardian2 (the family relationship must be proven by a birth certificate, unless it has already been submitted to the Ministry of the Interior)
- a legal guardian may act on behalf of a foreigner over 15 years of age only on the basis of a power of attorney
For foreigners under 15 years of age who do not have a legal guardian, or have one who is unable to represent them, or do not have a custodian, the Ministry of the Interior shall appoint a guardian.
The power of attorney form is available here.
1 § 178 Act on the Residence of Foreign Nationals.
2 § 32 of the Administrative Procedure Code.
In an administrative procedure on an application for a residence permit in the territory of Czechia, you may be represented by a general legal representative or an attorney. They may represent you on the basis of a written power of attorney or a power of attorney granted orally and recorded in the protocol.
In the procedure, you may have only one legal representative at a time. However, your representative may grant a power of attorney to another person to act on your behalf instead of them. This is called a substitute power of attorney, and the possibility of granting it must be explicitly stated in the original power of attorney you issued to your representative
The power of attorney must include:
- The signature of the grantor — that is, you as the party to the procedure.
- Your first name, surname, date of birth, and permanent residence address (or another delivery address), if you are a natural person.
- The name or business name, identification number or similar data, and registered office address (or another delivery address), if you are a legal entity2.
The power of attorney does not necessarily have to include the signature of the representative confirming acceptance of the power of attorney.
If the power of attorney is granted either for a specific act (for example, for accessing the file before the decision is issued) or as a general power of attorney for the entire administrative procedure concerning the application for a residence permit, it is not required for the grantor’s signature on the power of attorney to be officially certified.
A general power of attorney may also be accepted for the entire administrative procedure concerning the application for a residence permit. This refers to one specific procedure conducted for one application, which ends when the decision in the matter becomes final. Such a power of attorney must, however, explicitly authorise representation in the administrative procedure. In this case, the official certification of the grantor’s signature is also not required.
The power of attorney form is available here.
When is an officially certified signature required?
An officially certified signature of the grantor is required only in the case of a general power of attorney granted for an indefinite number of future procedures that may be initiated3. For example, authorization to represent in all matters concerning the foreigner’s residence. Such a power of attorney must be submitted to the Ministry of the Interior before the procedure is initiated or recorded into the protocol. The foreigner or their representative must expressly state that this power of attorney is to be used for all residence-related procedures.
All documents are delivered to the representative, who is also entitled to participate in all acts in which the grantor would otherwise participate, such as an interview.
How to terminate a power of attorney?
The representative may withdraw from representation during the procedure, or the grantor may revoke the power of attorney. Both acts — withdrawal from representation or revocation of the power of attorney — must be made in writing or recorded into the protocol to become part of the file. From that moment, documents will be delivered only to the party to the procedure who was previously represented and no longer is.
A power of attorney granted to one representative may be replaced by a power of attorney granted to a different representative. From then on, all documents will be delivered to the new representative.
To whom are documents delivered?
Documents are delivered only to the representative, except in cases where the party to the procedure is required to perform something personally4. In such cases, documents are delivered both to the party and to the representative. This typically includes, for example, a summons for an interview or a request to collect a residence permit document.
What if delivery to the representative fails?
If documents cannot be delivered to the representative in the residence permit procedure, the document is not considered delivered5. In such a case, it will be delivered to the representative by public notice, and the grantor will be informed about the content of the delivered document.
1 § 33 and § 34 of the Administrative Procedure Code.
2 § 37(2) of the Aministrative Procedure Code.
3 § 33(2)(c) of the Administrative Procedure Code.
4 § 34(2) of the Administrative Procedure Code.
5 § 33(4) of the Administrative Procedure Code.