Certificate of fiction of residence for a family member of an EU citizen

Main information

If you have filed an application for a temporary residence permit or a permanent residence permit as a family member of an EU citizen, you can stay in the Czech Republic until the time when a decision on your application is made.

However, you must prove the fact that you are a family member of an EU citizen.

The MOI will confirm your right to stay in the country after the application has been filed with a visa sticker, which the MOI will place in your travel document in the form of a visa for a stay over 90 days with a validity period corresponding to the presumed duration of the procedure regarding the application. 

The validity of the document or certificate attesting to your right to stay in the country will be terminated when the decision on the application takes legal effect.

This applies to you if

 If you have applied for a temporary or permanent residence permit as a family member of an EU citizen and you have not been previously granted any other type of residence in this country.

When to use this service

It is a service, for which a foreign national does not apply
By virtue of office, the MOI CR will provide you with confirmation of the legality of your stay in the country in the form of a visa sticker usually as early as when you file the application.

If the period of validity of this visa sticker expires and your application has not yet been processed, you can come to the relevant office of the MOI where they will give you a new visa sticker with a new period of validity.

Service settlement

What you need if you are using this service

This service needs to be used in person. You must come to the office of DAMP MOI with a valid travel document.

Where and how to solve this service

To receive confirmation of the fiction of residence (to have a visa sticker placed in your travel document), you need to appear in person in the office of the Department for Asylum and Migration Policy of the MOI.
You can find the contact information of the offices of DAMP MOI on the Information Portal for Foreigners

How much will you pay

None

Additional information

What is the benefit of this service

You can prove that you are legally residing in the territory until a decision on your application for a temporary or permanent residence permit for a family member of an EU citizen.

Appeal options

Legal remedies are not admissible.

Legislation

Sanctions

There is no risk of sanctions to you, this only involves confirming the legality of your stay in the country.

Frequently asked questions

None