Temporary Residence for Foreign Nationals in the Czech Republic

The residence of foreign nationals in the territory of the Czech Republic is comprehensively regulated by Act No. 326/1999 Coll., on the Residence of Foreign Nationals in the Territory of the Czech Republic and on the Amendment of Certain Acts.

This Act constitutes the fundamental legal framework governing the conditions of entry, residence, and departure of foreign nationals, as well as their rights and obligations during their stay in the Czech Republic.

A foreign national may reside temporarily in the territory of the Czech Republic in the following situations:

Temporary residence may take several forms:

The law thus clearly defines the fundamental situations in which a foreign national is lawfully present in the territory of the Czech Republic without the need to immediately complete additional formalities.

The Act on the Residence of Foreign Nationals in the Czech Republic sets out several situations in which a foreign national may remain in the territory without a visa. These include, for example, cases permitted under directly applicable European Union legislation or an international treaty. Citizens of the European Union and their family members may also reside in the Czech Republic without a visa.

This category also covers specific situations — for instance, a foreign national serving a prison sentence, held in police custody, or placed in a detention facility for foreigners; a child under 15 years of age during hospitalization; or a minor placed in an institution by a decision of the competent authority. Likewise, students from another EU Member State traveling on a school trip, as well as family members of EU citizens whose stay does not exceed three months, may enter without a visa.

The law further allows temporary residence without a visa for holders of long-term visas or residence permits issued by another EU Member State for the purpose of research or study, provided that their stay in the Czech Republic does not exceed one year.

Short-term visas allow foreign nationals to stay in the territory of the Czech Republic for up to 90 days. The conditions for granting, extending, and revoking such visas are governed directly by European Union regulations. A short-term visa may also be issued at a border crossing, where it is affixed to the travel document by the police. In the case of family members of EU citizens, it is possible to apply for a visa directly at the border, provided they are accompanying or joining the EU citizen.

However, the law also specifies several situations in which a short-term visa will not be granted – for example, if the foreign national presents a forged document, poses a threat to national security or public order, enters into a marriage of convenience, or commits fraudulent conduct. In such cases, the applicant is informed of the reasons for refusal and has the right to request a reassessment of the application by the Ministry of Foreign Affairs. Subsequently, the applicant may also seek judicial review.

Short-term visas for the purpose of seasonal employment are subject to special rules. If a foreign national has already obtained at least one short-term visa for seasonal work within the past five years, their new application is given priority over applications from new applicants. An exception applies where the previous visa was revoked due to a breach of obligations—however, if the violation was committed by the employer, this obstacle does not apply.

A long-term visa, i.e. a visa for a stay exceeding 90 days, is granted by the Ministry of the Interior of the Czech Republic upon the application of a foreign national who intends to reside in the territory for a reason requiring a stay longer than three months. The visa cannot be granted for the purpose of employment, except in cases of seasonal employment or an extraordinary work visa. The validity period of this visa is generally no longer than one year, and for certain specific types, six months.

When applying for a visa, the foreign national is required to submit the following documents:

Additional obligations include submitting documents confirming medical fitness, compliance with measures for the prevention of infectious diseases, and, prior to the issuance of the visa, proof of travel health insurance and confirmation of payment of the insurance premium.

The law also precisely defines the requirements for proof of accommodation – it must concern a property designated for living, accommodation, or recreation, and the consent of the owner or user of the premises must be officially certified.

An extraordinary work visa is a special type of long-term visa, i.e. a visa for a stay exceeding 90 days. The Ministry of the Interior may grant this visa only if permitted by a government regulation adopted in response to extraordinary circumstances, such as a shortage of labor in certain sectors or professions, or another exceptional situation.

This visa may be applied for by a foreign national who has been issued an employment permit under the Employment Act and who intends to reside in the territory of the Czech Republic for more than 90 days for the purpose of performing work.

When declaring such conditions, the Government may specify:

This type of visa thus serves as a flexible instrument allowing the Czech Republic to respond promptly to labor market needs during times of crisis or shortage of qualified workers.

A visa for a stay exceeding 90 days for the purpose of seasonal employment may be granted by the Ministry to foreign nationals who come to the Czech Republic to perform work tied to a specific time of year. Typical examples include agricultural, forestry, or tourism-related work. The applicant must hold an employment permit issued in accordance with the Employment Act. Since the performance of such activities requires a stay longer than three months, the law allows the granting of a special visa for seasonal employment.

A visa for a stay exceeding 90 days for the purpose of tolerated stay in the territory may also be granted by the Ministry. This applies to specific situations in which a foreign national cannot leave the country or when their presence in the Czech Republic is necessary for other serious reasons.

This visa is issued, for example, to foreign nationals who are prevented from leaving the territory by an obstacle beyond their control, or to witnesses and victims in criminal proceedings whose participation is necessary for the progress of the case. It is also granted to those who have applied for permanent residence and whose application has not yet been decided, or to foreigners who have filed a lawsuit against the Ministry’s decision to cancel or not extend their residence and who have simultaneously requested the recognition of suspensive effect.

A special regulation also applies to minor children of foreign nationals who hold permanent residence permits if they have filed a lawsuit against the decision rejecting their permanent residence application and have likewise requested suspensive effect of that lawsuit.

Diplomatic and special visas represent a specific category of long-term visas that allow a stay exceeding 90 days for foreign nationals who enjoy privileges and immunities.

A diplomatic visa is granted on the basis of an official request and is affixed to the diplomatic passport or other travel document of the foreign national who holds diplomatic status.

A special visa is granted in a similar manner and is affixed to the service passport or other travel document of a person who likewise enjoys the relevant privileges and immunities.

The decision on granting a diplomatic or special visa falls within the competence of the respective diplomatic mission.

A long-term residence permit is available to foreign nationals who are already residing in the territory of the Czech Republic on the basis of a visa for a stay exceeding 90 days and wish to remain in the country for more than one year while maintaining the same purpose of stay. An application may also be submitted in cases where a foreign national has previously obtained a visa for tolerated stay and subsequently applies for a long-term residence permit for the same purpose, provided that they have resided in the territory for at least three years.

A special regulation applies to holders of long-term residence permits for the purpose of study or scientific research who, after completing these activities, wish to remain in the country to seek employment or to start a business. In such cases, they must submit proof of successful completion of their studies or research, evidence of accommodation, health insurance, and other documents required by law.

A long-term visa or residence permit:

Czech legislation allows a foreign national to apply for a long-term residence permit for the purpose of family reunification. The objective is to enable family members of a foreign national or of a person granted asylum to live together legally in the territory of the Czech Republic.

Applications for this type of residence permit may be submitted by:

This legal framework allows foreign families to remain together and live jointly in the Czech Republic, while also taking into account special circumstances such as childcare responsibilities and the medical dependency of elderly persons.

A foreign national who already holds permanent residence status with the legal position of a long-term resident in another European Union Member State may also apply for a long-term residence permit in the Czech Republic. This type of residence is intended for individuals who wish to stay temporarily in the territory of the Czech Republic for more than three months.

The resident may submit the application either at the competent diplomatic mission or directly within the territory of the Czech Republic at the Ministry of the Interior. If applying within the territory, the application must be submitted while the temporary residence permit is still valid, and no later than three months after entering the Czech Republic.

A foreign national who intends to stay in the Czech Republic for more than three months and whose studies meet the conditions set out in Section 64 of the Act may apply for a long-term residence permit for the purpose of study. The application is usually submitted at the competent diplomatic mission, but it may also be filed directly within the territory of the Czech Republic if the applicant holds a visa for a stay exceeding 90 days, a long-term residence permit for the purpose of study issued by another EU Member State, or another long-term residence permit.

However, the law also sets out exceptions. The application may not be submitted if the foreign national resides in the territory on a visa for a stay exceeding 90 days for the purpose of tolerated stay, or on a long-term residence permit for that purpose, unless such residence has lasted for at least three years. Likewise, it is not possible to apply during a stay based on a visa for seasonal employment.

This type of residence permit enables international students to study legally and to reside long-term in the Czech Republic, while the law precisely defines the conditions under which the application is admissible.

The Ministry may grant a long-term residence permit to foreign nationals who require special protection. This type of residence is intended primarily for victims of criminal offenses, particularly human trafficking, or for individuals involved in cases of illegal border crossing or unauthorized stay whose testimony is crucial for identifying perpetrators or organized groups.

The granting of this residence permit is conditional upon the applicant’s active cooperation with law enforcement authorities and the absence of any collaboration with offenders or suspects. The permit may also be issued to foreign nationals whose cooperation is significant for the prevention, detection, or investigation of criminal offenses, including those for which the Czech Republic is bound by international conventions to prosecute.

A foreign national who has a hosting agreement with a research organization and plans to stay in the Czech Republic for more than three months may apply for this type of residence permit. The application can be submitted at a diplomatic mission or directly within the territory, if the applicant already holds a visa for a stay exceeding 90 days or a long-term residence permit (including a permit issued by another EU Member State).

An employment card is a long-term residence permit that entitles a foreign national to stay in the territory of the Czech Republic for more than three months and at the same time to work in the job position for which the card was issued. It is therefore a combined permit – it authorizes both residence and employment in a specific position listed in the central register of job vacancies designated for holders of employment cards.

A foreign national may apply for an employment card if they:

An application may also be submitted by a foreign national who already holds a work permit issued for the given position, provided they meet the minimum wage and working hours requirements. Conversely, an employment card cannot be issued to a foreign national who acts as a partner or a member of the statutory body of a company and performs tasks arising from the company’s business activities, nor to a person who has been issued a permit for seasonal employment under the Employment Act.

The Blue Card is a specific type of long-term residence permit intended for highly qualified workers from third countries. A foreign national, asylum holder, or person granted subsidiary protection may apply for its issuance if they plan to stay in the Czech Republic for more than three months and will be employed in a position requiring high qualifications. Such a position must, under specific regulations, be open to foreign nationals who are not citizens of the European Union.

However, the Blue Card cannot be issued to everyone. Exceptions include, for example, applicants for long-term residence for the purpose of scientific research, residents of another EU Member State with a residence permit under Section 42c, foreign nationals entitled to enter under international trade agreements, or employees posted from other EU Member States in the context of service provision.

The Blue Card thus serves as a tool to attract qualified professionals who can contribute to the development of the Czech economy and labor market, while the law precisely defines who is eligible to apply and under what conditions.

The Intra-Corporate Transferee Card is a long-term residence permit that entitles a foreign national to stay in the territory of the Czech Republic for more than 90 days and to work in a position as a manager, specialist, or trainee. It is issued in connection with a temporary intra-corporate transfer.

An intra-corporate transfer refers to a situation in which a foreign national is temporarily transferred from a business entity established outside the European Union—where the employment relationship remains in effect during the transfer—to its branch or subsidiary located in the territory of the Czech Republic. It also applies when an employee is transferred from such a foreign company to another business entity established in the Czech Republic that is either a controlled or controlling company in relation to the parent company, or when both are subject to the same controlling entity.

This type of long-term residence permit is intended for foreign nationals who already hold an intra-corporate transferee card issued by another Member State of the European Union. It allows them to stay in the territory of the Czech Republic for more than 90 days and to work in a position as a manager, specialist, or trainee within the framework of an intra-corporate transfer.

The Ministry may grant a long-term residence permit to foreign nationals who plan to stay in the Czech Republic for more than 90 days and intend to make a significant investment in the country.

A foreign national may apply for this type of residence permit if they:

The Ministry may grant a long-term residence permit to foreign nationals who have already been issued a visa for a stay exceeding 90 days for the purpose of tolerated stay and whose residence in the Czech Republic is expected to last for more than one year. The condition for granting the permit is that the reasons for which the visa was originally issued continue to exist.

This type of residence permit is also granted to foreign nationals whose long-term residence permit for the purpose of protection has expired or been cancelled, and whose employer is currently subject to proceedings concerning the payment of outstanding wages that have not yet been paid to them.

The Ministry of Foreign Affairs may grant a long-term residence permit to members of diplomatic missions of foreign states, representatives of international governmental organizations, public institutions, or other entities accredited in the Czech Republic. This permit is also issued to their family members who are registered with the Ministry of Foreign Affairs.

It is issued in the form of a special identification card that entitles the holder to lawful residence in the territory and is associated with the enjoyment of the corresponding privileges and immunities.