Fiction of Residence of an EU Citizen’s Family Member in the Czech Republic
What is a legal fiction of residence?
A legal fiction of residence refers to a situation where you reside legally in the territory of the Czech Republic, even though you do not hold a physical residence permit or visa. If you, as family members of an EU citizen, submit an application for a temporary residence permit or permanent residence permit, you are legally residing in the Czech Republic until:
- the day that the final decision on your application becomes effective (usually when you collect your residence card or residence permit document) if you are a close family member of an EU citizen,
- the day you receive the decision on your application if you are a distant family member of an EU citizen.
How is the legal fiction of residence documented?
The Ministry of the Interior certifies that you are permitted to stay in the Czech Republic after you have submitted your application by placing a visa in your travel document. It is a visa for a stay longer than 90 days valid for the expected length of the administrative procedure.
If the visa expires and your application has not been processed yet, you may visit the Ministry of the Interior office to be issued a new visa sticker with extended validity.1
In which situations does legal fiction of residence not arise after submitting an application?
You are not permitted to stay in the Czech Republic if:
- you have to leave the country as a result of a final decision on expulsion or as a result of having been sentenced to expulsion,
- your temporary residence has been revoked,
- your permanent residence has been revoked,
- you are submitting an already rejected application without adding new information,
- you do not prove that you are an EU citizen’s family member,
- you do not live together with an EU citizen in the Czech Republic.