Removal of Application Errors during proceedings and collecting documentation for issuing a decision

Česky

The MOI CR proceeds according to the Administrative Procedure Code (Act No. 500/2004 Coll.) during proceedings for residence permit in the Czech Republic. Individual acts in the proceedings must be made in writing, while any notifications to a present applicant may be made verbally, unless that party demands notification in writing.

If, after an application has been submitted, an error in the application or an error in the additional materials required by law is discovered during proceedings, the applicant will be called on in writing to eliminate such error. To facilitate this, if appropriate, e.g. in order to halt the elapse of the time period for issuing a decision, the proceedings will be suspended by resolution, in accordance with Section 64(1)(a) of the Administrative Procedure Code.

In a call to make additional submissions to the application or for elimination of errors in the application, the MOI CR will always specify what the error in the application is and how to eliminate it.

In this call, the MOI CR will give the party to the proceedings a reasonable period for performing the act required and give him information on the consequences of failure to correct the errors. The MOI CR may extend this period at the request of the applicant. If proceedings are suspended, the period may be extended by resolution.

Any call/resolution for suspension of proceedings will be sent to the party to the proceedings or to his/her representative at the address provided to the MOI CR. It is in the interest of the party to the proceedings to be available at the address provided in order to receive any correspondence sent by the MOI CR in the course of proceedings. If the party to the proceedings cannot be available at the address provided, it is in his/her interests to inform the MOI CR of a new address or provide a notarised copy of power of attorney for the representative to whom any correspondence should be addressed at the new address.

In the course of the administrative proceedings, the MOI CR will collect background materials for issuing its decision. Parties are obliged to provide evidence to support their claims. The MOI CR is not bound by the parties’ applications, but will always verify evidence suitable for establishing the real state of affairs about which no grounds for doubts exist.