Ending and revoking a residence permit and leaving the CR

 Česky

Revoking residency in the Czech Republic

By its decision, the MOI revokes the validity of an EU citizen’s temporary residence, if

1. he / she has become an unjustifiable burden on the social security system or the system of assistance in material need of the CR,

2. endangers state security or significantly disturbs public order, unless administrative expulsion proceedings are initiated, or

3. endangers public health as he / she suffers from an illness that is quoted in conditions set out in the measure of Ministry of Health on prevention of the spread of infectious illnesses, if he / she contracted this illness within 3 months of entering the Czech Republic,

under condition that the decision on revoking the temporary permit’s validity is adequate from the standpoint of its impact on the EU citizen’s private or family life.

In the decision for revoking the temporary residence, the MOI sets a deadline for departing the Czech Republic and issues a departure order, which sets a deadline for departing the Czech Republic that shall not be shorter than 1 month (a shorter deadline for departure can only be set if there is a reasonable risk that, during his/her residence in the Czech Republic, the EU citizen could threaten state security, seriously disrupt public order or it is discovered he / she suffers from an illness that is quoted in conditions set out in the measure of Ministry of Health on prevention of the spread of infectious illnesses). The EU citizen is obliged to depart from the Czech Republic within the deadline.

By its decision, the MOI terminates the validity of a temporary residence permit for a family member of an EU citizen, who is not an EU citizen, if he / she requests it or if he / she,

• endangers public health as he/she suffers from n illness that is quoted in conditions set out in the measure of Ministry of Health on prevention of the spread of infectious illnesses, if he / she contracted this illness within 3 months of entering the Czech Republic – if such a decision is adequate from the standpoint of its impact on the foreign national’s private or family life,

• is included in the Schengen Information System and the relevant body that included the applicant into this system provides additional information, assessment of which indicates that there is still a reasonable risk that during his/her stay in the territory of another Schengen state he/she could threaten its security or seriously disrupt public order,

• circumvented the Act on the Residence of Foreign Nationals with the aim of obtaining this permit, especially if he/she entered into a marriage ofconvenience or intentionally declared his agreement with fatherhood,

  • became an unjustifiable ballast of the system of benefits for persons with disabilities or of the system of assistance in material need of the Czech Republic, or

  • threatens safety of the state or by serious way disrups public order, if the proceedings of administrative deportation has not started,

on condition, that this decision is adequate from the aspect of its intervention into private or family life of the family member of an EU citizen.

The temporary residence permit of a family member of an EU citizen is also terminated:

• stopped fulfilling conditions listed in § 15a of the Asylum act,

• stopped stay in the Czech Republic with the citizen of an EU, in particular as regards the citizen of an EU terminated his stay in the Czech Republic or his temporary stay was revoked,

on condition, that this decision is adequate from the aspectof its intervention into private or family life of the family member of an EU citizen.

For the reasons stated above the temporary residence of the family member of an EU citizen is not terminated in the Czech Republic, if

1. the EU citizen’s temporary residence in the Czech Republic is revoked; this provision does not apply in the event that the family member of the EU citizen is actually caring for a child for the entire period of time that a child of an EU citizen is studying at a primary school, secondary school or college, conservatory, or higher education establishment;

2. the EU citizen died in the Czech Republic during his/her temporary residence and; the family member of the EU citizen had stayed in the Czech Republic for at least 1 year ago than the EU citizen died;

3. the marriage to an EU citizen was terminated on the basis of a legally enforceable court decision on annulling the marriage or declaring the marriage as null and void and,

   1. through a decision by the relevant authority or agreement by the spouses, a family member of an EU citizen was granted custody of the child of an EU citizen or his/her right to regular personal contact with the child of an EU citizen was recognised only in the Czech Republic, or

   2. prior to starting the divorce proceedings or declaring the marriage null and void, the marriage lasted at least 3 years and during the marriage the family member of an EU citizen held temporary residence in the Czech Republic for at least 1 year, or

   3. it is justified by especially difficult circumstances, in particular if the family member of an EU citizen became the victim of domestic violence during the duration of the marriage,

4. relationship between a family member of an EU citizen and a citizen of an EU was terminated, on condition that a citizen of an EU is in the durable relationship with a member of an EU citizen, on condition that the durable relationship is not marriage, but both live in common household and

   1. a child of a citizen of an EU was entrusted into care of a family member of an EU citizen by the decision of competent authority or by agreement of both parents or the regular personal contact law was granted to a family member of an EU citizen, it means he/she can meet the child only in the Czech Reblic, or

   2. it is justified by especially difficult circumstances , in particular if the family member of an EU citizen became the victim of domestic violence during the duration of the marriage, or

5. a family member of an EU citizen not specified in letter c) or d) became became the victim of domestic violence and because of this he / she stopped to stay in the Czech Republic with a citizen of an EU.

In the decision for terminating the temporary residence permit, the MOI sets a deadline for departing the Czech Republic and issues a departure order, which sets a deadline for departing the Czech Republic in which shall not be shorter than 1 month (a shorter deadline for departure can only be set if there is a reasonable risk that, during his/her residence in the Czech Republic, the EU citizen could threaten state security, seriously disrupt public order or it is discovered he/she suffers from an illness that is in conditions set out in the measure of Ministry of Health on prevention of the spread of infectious illnesses). The EU citizen is obliged to depart from the Czech Republic within the deadline.

By its decision, the MOI revokes the validity of a permanent residence permit for an EU citizen or his/her family member, if he/she requests it or if he/she,

1. endangers state security or significantly disturbs public order, unless administrative expulsion proceedings are initiated,

2. is a family member of an EU citizen who is not an EU citizen and is included in the Schengen Information System and the relevant body that included the holder of the permanent residence permit into this system provides additional information, assessment of which indicates that there is still a reasonable risk that during his/her stay in the territory of another Schengen state he/she could threaten its security or seriously disrupt public order,

3. circumvented the Act on the Residence of Foreign Nationals with the aim of obtaining this permit, especially if he/she intentionally got married or intentionally declared his agreement with fatherhood, or

4. does not reside in the Czech Republic for a period longer than 2 consecutive years,

under condition that the decision is adequate from the standpoint of its impact on his/her private or family life.

In the decision about revoking the permanent residence permit by letter a) to c) a family member of an EU citizen, who is not the citizen of an EU, the MOI sets a deadline for departing the Czech Republic and issues a departure order, which sets a deadline for departing the Czech Republic that shall not be shorter than 1 month (a shorter deadline for departure can only be set if there is a reasonable risk that, during his/her residence in the Czech Republic, the EU citizen could threaten state security, seriously disrupt public order or it is discovered he/she suffers from an illness that is quoted in conditions set out in the measure of Ministry of Health on prevention of the spread of infectious illnesses.  A family member is obligated to depart from the Czech Republic within the deadline. Similarly the MOI proceeds in cases, when the validity of the permanent residence permit has been repealed on request of family member of an EU citizen. Family member of an EU citizen is obliged to depart from the Czech Republic within the deadline.

Department for Asylum and Migration Policy, May 15th, 2017