Visa for a Stay Longer than 90 Days for the Purpose of Tolerated Stay
GENERAL INFO
APPLICATION
EXTENSION
Who can apply for a long-term visa for the purpose of tolerated stay in the Czech Republic?
- A foreigner who cannot leave the country for reasons out of his/her control or if conditions under Section 179(5) of the Foreigners Act (Section 33(1a) of Act No. 326/1999 Coll.) are met;
- a foreigner who is a witness or an injured party in criminal proceedings and his/her participation in the proceedings is necessary (Section 33(1b) of Act No. 326/1999 Coll.);
- a foreigner who has applied in the Czech Republic for a permanent residence permit under Title IV of the Foreigners Act, if entitled to do so, in the time when his/her residence permit was still valid and the validity of which cannot be extended, provided that no decision on the application had been taken during the time his/her residence permit was still valid (Section 33(1c) of Act No. 326/1999 Coll.);
- a foreigner who has brought a legal action against the Ministry’s decision to revoke a visa for a stay longer than 90 days, a long-term residence permit or a permanent residence permit, or to reject an application for extension of a long-term residence permit, under the condition that at the same time he/she has filed for a suspensive effect of such legal action (Section 33(1d) of Act No. 326/1999 Coll.);
- a foreigner who, as a minor child of a foreigner who has resided in the country with a permanent residence permit, has brought a legal action against the Ministry’s decision to reject his/her application for a permanent residence permit submitted in the Czech Republic under Section 66(1d) of Act No. 326/1999 Coll. (permanent residence permit for the purpose of family unification (child of a foreign national with a permanent residence permit)), under the condition that at the same time he/she has filed for a suspensive effect of such legal action (Section 33(e) of Act No. 326/1999 Coll.).
How long is this visa valid for?
For the period of time strictly necessary, but for the maximum of 1 year.
What does this type of visa look like?
What obligations and restrictions does this residence permit mean?
The validity of a visa for a stay longer than 90 days for the purpose of tolerated stay expires when the holder leaves the Schengen Area.
If you hold a visa for a stay longer than 90 days for the purpose of tolerated stay under Section 33(1a) of Act No. 326/1999 Coll., upon the Ministry’s request, you must prove that the reason preventing you from leaving the country still exists. If you cannot prove that for reasons out of your control, you can provide a declaration signed by you instead.
You must also follow the obligations for foreigners stipulated by law.
How and where can you apply?
You can only apply in the Czech Republic and strictly in person at one of the Ministry of the Interior offices.
What is the administrative fee?
300 CZK. Payment of the administrative fee is not required if the applicant is a child under 6 years of age.
The administrative fee can only be paid by credit card at a Ministry of the Interior office.
What is the time limit to process the application?
30 days.
An application for a visa for a stay longer than 90 days is inadmissible if:
- not all the documents required by law have been provided,
- you have not paid the administrative fee,
- you have not used the correct form.
If the application is found inadmissible, the proceedings to process it are not initiated and the application is deemed not submitted. You will be notified about this (together with the reasons for the application’s inadmissibility) by the Ministry of the Interior in writing. The decision will be recorded in the file. The application form, provided documents and the administrative fee will be returned to you.
STEPS TO FOLLOW IN ORDER TO APPLY IN THE CZECH REPUBLIC:
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In order to apply you will need:
- Application form
- Travel document, if you hold one and if its validity has not expired.
- Photograph.
- One of the following:
- a certified copy of a document proving that a reason under Section 33(1a) of Act No. 326/1999 Coll. exists; if you cannot provide such a document for reasons out of your control, you can provide a declaration signed by you instead; or
- a document proving the existence of a reason if you are applying for a visa under Section 33(1b) of Act No. 326/1999 Coll. (an original or a certified copy issued by a law enforcement authority); or
- a proof of filing a legal action and of filing for a suspensive effect of this legal action if you are applying for a visa under Section 33(1d) or (1e) of Act No. 326/1999 Coll. (a counterpart of the filings or their certified copies with a stamp of the competent court); or
- comprehensive medical insurance if you are applying under Section 33(1c) of Act No. 326/1999 Coll. If prompted by the Ministry you must provide a proof of payment for the insurance.
Upon application, you must pay an administrative fee 300 CZK. Payment of the administrative fee is not required if the applicant is a child under 6 years of age.
Please review the formal requirements that the documents must meet.
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You can fill in the application form online. Then print out the filled-in form and sign it.
You can also download a blank application form, print it out and fill it in by hand – it must be filled in legibly, in block capitals, in Latin characters, and in Czech. You can also collect the form free of charge at one of the offices of the Ministry of the Interior.
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You must submit the application for a visa for a stay longer than 90 days in person at a Ministry of the Interior office.
You must add all the documents required by law to the application, pay the administrative fee and use the correct form (printed). If you fail to do so, the Ministry of the Interior will deem your application inadmissible and will not initiate the administrative proceedings. Your application together with the documents and the fee will be returned to you.
You shall submit the application in a filled-in form, provide necessary documents and pay the administrative fee. If you submit the application in person, you will receive a slip confirming the submission and a reference number assigned to your application. You need to know the reference number, for example, to be able to track the state of your proceedings.
If you are applying for a visa for a stay longer than 90 days for the purpose of tolerated stay under Section 33 (1c) of Act No. 326/1999 Coll., during the time when the application is being processed, you are staying in the Czech Republic legally (for more information see the section Fiction of residence), even in the case that the Ministry of the Interior has not decided on the application during the time when you are permitted to stay in the Czech Republic. During the time when the application is being processed, you cannot apply for a long-term residence permit or another permanent residence permit.
If you are not granted the visa, the fiction of residence ceases to exist on the day that you have received the notification from the Ministry of the Interior about not having been granted the visa.
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The Ministry of the Interior will first assess if your application meets all the formal requirements. You can track the state of your proceedings online on the website under Status of my application or in your personal account.
In the course of the administrative proceedings you can:
- Provide additional documents to your application.
- Be represented in the proceedings (a power of attorney).
- Ask for access to file.
- Withdraw the application (withdrawal of the application).
In the course of the administrative proceedings, it is also checked if you meet the requirements to obtain the residence permit you are applying for. In such case, you may be invited for an interview.
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On the website under Status of my application you can see the following states:
- Being processed: No decision has been taken yet. For more information on what you can do in the course of the administrative proceedings, please see the previous section.
- Preliminarily Assessed Positively: The Ministry’s decision has preliminary reached a positive result. Please see the following section.
- Rejected: The Ministry of the Interior rejected your application. You will be informed about the reasons for not having been granted the visa, or you may receive a notification explaining the reasons for not having been granted it.
- You cannot appeal against the notification of the reasons. If your application is not granted and you disagree with the reasons for not granting the visa, you can apply for a new assessment of the reasons for not granting the visa. Application for a new assessment of the reasons for not granting the visa does not have a suspensive effect.
Under what conditions can you apply for an extension of the validity of the visa and of your residence under the visa for a stay longer than 90 days for the purpose of tolerated stay?
If you hold a valid visa for a stay longer than 90 days for the purpose of tolerated stay and if the reason for which the visa has been issued still exists.
How and where can you apply?
You can apply only in the Czech Republic and strictly in person at one of the Ministry of the Interior offices.
How long can the validity of the visa and of the residence under this visa be extended for?
The validity of the visa and of the residence under the visa for a stay longer than 90 days for the purpose of tolerated stay can be extended repeatedly for up to a total of one year if the conditions stipulated by law are met. However, if the Ministry of the Interior finds a reason to initiate proceedings to revoke this visa, the validity of the visa and of the residence under this visa cannot be extended.
When do you have to submit the application?
At the latest the last day of your current visa’s validity, at the earliest 90 days before your long-term visa’s expiration and the expiration of your permitted stay in the country.
What is the administrative fee?
300 CZK. Payment of the administrative fee is not required if the applicant is a child under 6 years of age.
The administrative fee can be paid by bank transfer or by credit card at the Ministry of the Interior office.
What is the time limit to process the application?
60 days.
The time limit is not running if the proceedings are suspended or if there is a legal ground for it.
Your application for an extension of the validity of the visa and of your residence under the visa for a stay longer than 90 days for the purpose of tolerated stay is inadmissible if:
- You have not provided all the documents required by law.
- You have not paid the administrative fee.
- You have not used the correct form.
If the application is found inadmissible, the proceedings to process it are not initiated and the application is deemed not submitted. You will be notified about this (together with the reasons for the application’s inadmissibility) by the Ministry of the Interior in writing. The decision will be recorded in the file. The application form, provided documents and the administrative fee will be returned to you.
STEPS TO FOLLOW IN ORDER TO APPLY FOR AN EXTENSION OF A VISA’S VALIDITY:
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In order to apply you will need:
- Application form
- Travel document, if you hold one and if its validity has not expired.
- Photograph.
- One of the following:
- a certified copy of a document proving that a reason under Section 33(1a) of Act No. 326/1999 Coll. exists; if you cannot provide such a document for reasons out of your control, you can provide a declaration signed by you instead; or
- a document proving the existence of a reason if you are applying for a visa under Section 33(1b) of Act No. 326/1999 Coll. (an original or a certified copy issued by a law enforcement authority); or
- a proof of filing a legal action and of filing for a suspensive effect of this legal action if you are applying for a visa under Section 33(1d) or (1e) of Act No. 326/1999 Coll. (a counterpart of the filings or their certified copies with a stamp of the competent court); or
- comprehensive medical insurance if you are applying under Section 33(1c) of Act No. 326/1999 Coll. If prompted by the Ministry you must provide a proof of payment for the insurance; or
- facts proving the continuing existence of reasons preventing you from leaving the country if you have been granted a visa under Section 33(3) of Act No. 326/1999 Coll.
Upon application, you must pay an administrative fee 300 CZK. Payment of the administrative fee is not required if the applicant is a child under 6 years of age.
Please review the formal requirements that the documents must meet.
-
You can fill in the application form online. Then print out the filled-in form and sign it.
You can also download a blank application form, print it out and fill it in by hand – it must be filled in legibly, in block capitals, in Latin characters, and in Czech. You can also collect the form free of charge at one of the offices of the Ministry of the Interior.
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Book an appointment to submit your application in advance, either online or by phone. Booking an appointment in advance saves your time; however, it is not a necessary condition for submitting the application – without booking an appointment, you will be served in the standard queue order.
The lack of available appointment slots is not a reason for late submission. If the soonest available appointment is later than 60 days from the child’s birth, submit the application without booking an appointment. See the office hours of your locally competent Ministry of the Interior office to learn during which hours you may visit without an appointment.
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You must submit the application for an extension of the validity of the visa and of your residence under the visa for a stay longer than 90 days for the purpose of tolerated stay in person at a Ministry of the Interior office.
You must add all the documents required by law to the application, pay the administrative fee and use the correct form (printed). If you fail to do so, the Ministry of the Interior will deem your application inadmissible and will not initiate the administrative proceedings. Your application together with the documents and the fee will be returned to you.
You shall submit the application in a filled-in form, provide necessary documents and pay the administrative fee. If you submit the application in person, you will receive a slip confirming the submission and a reference number assigned to your application. You need to know the reference number, for example, to be able to track the state of your proceedings.
If the validity of your long-term visa and of your residence under this visa expire before the decision on extension is taken and if you have applied in the given time limit, during the time when the application is being processed you are staying in the Czech Republic legally, even if your current visa expires (for more information please see the section Fiction of residence).
If you are not granted the visa, the fiction of residence ceases to exist on the day that you have received the notification from the Ministry of the Interior about not having been granted the visa.
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The Ministry of the Interior will assess your application (proceeding under Act No. 500/2004 Coll. and Act No. 326/1999 Coll.).
First, the documents you have provided are assessed. If an error in the application or in the provided documents is detected, you will be prompted in writing to remedy it. In the notice for completion of the application or for remedy of errors, the Ministry will explain in detail what the errors are and what you have to do to remedy them. It will also set a time limit for you to do so. This time limit can be extended in justified cases if you apply for it in writing.
You can track the state of your proceedings online on the website under Status of my application or in your personal account.
In the course of the administrative proceedings you can:
- Add additional documents to your application.
- Be represented in the proceedings (a power of attorney).
- Ask for access to file.
- Ask for a stay in the proceedings.
- Withdraw the application (withdrawal of the application).
In the administrative proceedings it is checked if you meet the requirements for acquiring extension of the validity of the visa and of your residence under the visa for a stay longer than 90 days for the purpose of tolerated stay. In such case, you may be invited for an interview.
-
On the website under Status of my application you can see the following states:
- Being processed: No decision has been taken yet. For more information on what you can do in the course of the administrative proceedings, please see the previous section.
- Preliminarily Assessed Positively: The Ministry’s decision has preliminary reached a positive result. Please see the following section.
- Rejected: The Ministry of the Interior rejected your application. You will be informed about the reasons for not having been granted the visa, or you may receive a notification explaining the reasons for not having been granted it.
- You cannot appeal against the notification of the reasons. If your application is not granted and you disagree with the reasons for not granting the visa, you can apply for a new assessment of the reasons for not granting the visa. Application for a new assessment of the reasons for not granting the visa does not have a suspensive effect.