Continuous residence – what is it and how is it calculated?

Immigration
JUDr. Eliška Flídrová, Ph.D.

Continuous residence – what is it and how is it calculated?

One of the key requirements for obtaining a permanent residence permit for third-country nationals is meeting the so-called condition of "continuous residence" in the Czech Republic. What exactly does this mean? Continuous residence represents the period during which a foreign national legally stays in the Czech Republic without interrupting this period with a long-term stay abroad. However, not all types of residence carry the same weight, and some are even counted, for example, only as half. What exactly is considered continuous residence and how is it calculated? We cover all of this below.

Periods counted in full length

The entire duration of a stay in the Czech Republic on a long-term visa and a long-term residence permit, as well as the duration of a stay as an asylum seeker or a person with subsidiary protection, is counted in full. 

Furthermore, the full duration of residence as a Blue Card holder is counted, even if the holder resided in another EU member state, provided two additional conditions are met. Such a Blue Card holder must have resided in the Czech Republic for at least 2 years under this authorization and, at the same time, have resided in another EU Member State for no more than 1 year. 

Last but not least, this also includes the period of stay based on a temporary residence permit of a family member of an EU citizen, provided the foreign national’s temporary residence was terminated by the Ministry of the Interior and they subsequently obtained long-term residence or applied for permanent residence.

A very important legal concept in this area is the so-called legal fiction of residence. This period is also fully counted towards your continuous residence. What is the legal fiction of residence? It is a situation where a foreign national's stay is considered legally authorized, even though they do not physically hold a valid residence permit or visa at that exact moment. This can occur, for example, in the interim period between submitting an application and the final decision of the Ministry of the Interior. It also occurs when a foreign national applies for an extension of their current residence, and its validity expires before the decision on the extension is issued.

Stays Counted at Half Duration

The second category consists of stays that are counted towards continuous residence only at half of their actual duration. This typically includes time spent in the Czech Republic on a long-term visa or long-term residence permit for study purposes.

However, the requirement of continuous residence does not mean that you cannot travel abroad and stay there for a certain period of time under any circumstances. Your continuous residence is not interrupted even if you are absent from the Czech Republic, provided that individual periods of absence do not exceed 6 consecutive months and do not exceed 310 days in total.

If you are an employee posted abroad by your employer, the absence is counted towards your residence period as long as individual periods do not exceed 10 consecutive months and, in total, do not exceed 560 days. In exceptional cases, an absence of up to 12 consecutive months for a single period is permitted if there are serious reasons, such as pregnancy, childbirth, severe illness, study, or vocational training. In such cases, it is up to the applicant to properly document the serious reason; otherwise, the residence permit may be interrupted or suspended. Acceptable documents include a newborn's birth certificate, a medical report, or a certificate of study.

Periods Not Counted at All

The final category includes stays whose duration does not count towards continuous residence at all. These typically include serving a prison sentence, staying in the Czech Republic as an au-pair, or being posted to the Czech Republic by a foreign employer.

To be granted a permanent residence permit, you must accumulate 5 years of continuous residence based on the calculations described above. Close family members of EU citizens benefit from more favorable conditions. They can apply for permanent residence after just 2 years of continuous residence, provided they have been a close family member of an EU citizen with a valid temporary residence permit in the Czech Republic for at least 1 year.

Continuous residence is also a requirement for obtaining Czech citizenship. If a foreign national resides continuously on a permanent residence permit for a certain period, they may be granted citizenship (upon also meeting other conditions). Generally, you must reside in the territory for at least 5 years (or 3 years for family members of EU citizens), or 10 years in total when combined with the immediately preceding residence permit. The applicant only needs to prove that they were physically present in the territory for half of the required time.

Calculating the period of continuous residence is an intricate matter and often an overlooked topic. We strongly recommend consulting your situation with experts before submitting an application for permanent residence or citizenship. Otherwise, you may run the risk of the Ministry rejecting your application for failing to meet the continuous residence requirement. We are EXPATLEGAL, a law firm specializing in immigration law with extensive experience representing clients in residency proceedings before administrative authorities. We will be by your side at every step of the application process, prepare all necessary submissions and documents, and ensure that legal deadlines and procedures are strictly observed.

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