Full text of Act No. 471 / 2003 Coll.
Full text of Act No. 40 / 1993 Coll., on the Acquisition and Absence of Citizenship of the Czech Republic, as seen from subsequent amendments
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31.12.2003
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471
PRESIDENT OF THE GOVERNMENT
Announces
full text of Act No. 40 / 1993 Coll., on the acquisition and withdrawal of citizenship of the Czech Republic, as is apparent from the amendments made by Act No. 272 / 1993 Coll., Act No. 140 / 1995 Coll., Act No. 139 / 1996 Coll., Act No. 194 / 1999 Coll., Act No. 320 / 2002 Coll. and Act No. 357 / 2003 Coll.
THE LAW
on the acquisition and renunciation of citizenship of the Czech Republic
The Czech National Council decided on this law:
General provisions
(1) Natural persons who, on 31 December 1992, were nationals of the Czech Republic and also of the Czech and Slovak Federal Republic have been citizens of the Czech Republic since 1 January 1993.
(2) When assessing whether a natural person is a national citizen of the Czech Republic or, by 31 December 1992, was a national citizen of the Czech and Slovak Federal Republic, the rules in force at the time when the citizenship of that person was to be acquired or lost are followed. 1)
(3) For the purposes of this Act, a child shall mean a natural person under 18 years of age if, under the law applicable to it, 1a) has not acquired maturity before.
CONDUCT OF STATE CITIZENSHIP
Citizenship of the Czech Republic
(a) birth (§ 3),
(b) adoption (Section 3a);
(c) determination of paternity (§ 4),
(d) found in the territory of the Czech Republic (Section 5),
(e) by declaration (§ 6, 18a or 18b);
(f) grant (§ 7 to 12).
Birthday
The child is born of Czech citizenship,
(a) if at least one parent is a national of the Czech Republic; or
(b) if parents are persons without citizenship ("homeless"), at least one of them is resident in the Czech Republic and the child is born in its territory.
Generation
A child, at least one of whom is a national citizen of the Czech Republic, shall acquire citizenship of the Czech Republic on the day of the legal power of the adoption judgment.
Determining paternity
A child born outside a marriage whose mother is a foreign national citizen or a homeless woman and a father of a national citizen of the Czech Republic is acquired citizenship of the Czech Republic
(a) the date of the parents' declaration of paternity (2); or
(b) the date on which the judgment determining the paternity is given. (3)
Finding in the Czech Republic
A natural person found on the territory of the Czech Republic is a national citizen of the Czech Republic unless it is proved that he has acquired citizenship from another state.
Declaration
(1) A natural person who, on 31 December 1992, was a national of the Czech and Slovak Federal Republic but had neither the citizenship of the Czech Republic nor the citizenship of the Slovak Republic may choose the citizenship of the Czech Republic by a declaration.
(2) Parents or, where appropriate, one of them may include a child in the declaration.
(3) Parents or, where appropriate, one of them may make a separate declaration for the child.
(4) Where only one of the parents of the child makes a declaration pursuant to paragraph 2 or 3, the consent of the other parent shall be attached to the choice of citizenship of the Czech Republic for the child, provided that the exercise of parental responsibility by the other parent has not been restricted or suspended or has not been deprived of parental responsibility or legal capacity or the residence of the other parent living outside the Czech Republic is not known.
(5) If both parents of the child are deprived of parental responsibility, the exercise of their parental responsibility has been suspended or restricted, are not legally competent, or if the residence of the parents living outside the Czech Republic is unknown, a statement may be made by a court-appointed guardian or guardian of the child; parental consent is not required in such cases.
(6) The descendants of a natural person who was a national citizen of the Czech and Slovak Federal Republic on 31 December 1992, but had neither the citizenship of the Czech Republic nor the citizenship of the Slovak Republic, in a direct line of maturity, can choose the citizenship of the Czech Republic only if they have no other citizenship.
(7) The declaration is made at the regional office, in the capital city of Prague at the office of the urban part 3a) designated by the Statute of the capital city of Prague, in the cities of Brno, Ostrava and Plzeň at the magistrates of these cities (hereinafter referred to as the "office"), responsible for the permanent residence of the natural person making the declarations. This declaration is made abroad in front of the Czech representative's office.
(8) The competent authority shall issue a certificate of declaration; a copy of the declaration and certificate will be sent to the Ministry of the Interior ("the Ministry ') and the acquisition of citizenship of the Czech Republic will be notified
(a) Realm of residence in the Czech Republic, 3f)
(b) The police of the Czech Republic,
(c) regional military administration, where a natural person is subject to a military obligation.
Granting
(1) Citizenship of the Czech Republic may be granted on request to a natural person who also fulfils the following conditions:
(a) has been authorised for a period of at least five years in the territory of the Czech Republic on the date on which the application is lodged and is mainly present there for that period;
(b) prove that the acquisition of citizenship of the Czech Republic will render the citizenship of the Czech Republic forfeit or that the citizenship of the Czech Republic has ceased, if not for a homeless person or a person with a recognised status as a refugee in the Czech Republic,
(c) has not been legally convicted in the last five years for an intentional offence;
d) proves knowledge of the Czech language,
(e) fulfil the obligations arising out of the provisions of the special legislation governing the residence and entry of foreigners into the Czech Republic, 3g) the obligations arising out of the special provisions governing public health insurance, social security, pension insurance, taxes, levies and charges.
(2) Spouses may submit a joint application for citizenship of the Czech Republic.
(3) The Ministry of Education, Youth and Sports of the Czech Republic sets out criteria for demonstrating the knowledge of the Czech language in accordance with paragraph 1 (d).
(1) The application for citizenship of the Czech Republic shall be accompanied by:
(a) the birth certificate, where he has entered into a marriage, the marriage certificate or, where appropriate, the proof of divorce or the death certificate of the deceased spouse;
(b) proof that, by acquiring citizenship of the Czech Republic, the existing citizenship or the existing citizenship, if not for a homeless person or a person with a recognised refugee status in the territory of the Czech Republic, will cease to exist,
(c) an extract from the criminal record if the applicant is more than 15 years old; the document may not be more than six months old,
(d) a CV.
(2) In order to demonstrate the condition set out in Article 7 (1) (e), the Ministry may request the tax office's confirmation of the payment of taxes and charges, copies of the tax returns, extracts from the business register, business papers or employment contracts, the health insurance undertaking's certificate of proper conduct and payments of public health insurance and the employer's certificate of income tax and of payments for public health insurance, social security and contribution to the state employment policy.
(1) Parents may include a child in the application. It shall include:
(a) the birth certificate of the child;
(b) proof that the child loses his or her citizenship in the Czech Republic, or proof of his or her existing citizenship in the Czech Republic, if not for a homeless person or a person with a recognised refugee status.
(2) Where only one of the parents makes a request under paragraph 1, he shall, in addition to the documents referred to in paragraph 1 (a) and (b), also submit the consent of the other parent to a change in the citizenship of the child if the exercise of parental responsibility by the other parent has not been restricted or suspended, if no parental responsibility or legal capacity has been waived, or if the residence of the other parent living outside the Czech Republic is unknown. If both parents of the child are deprived of parental responsibility, the exercise of their parental responsibility has been suspended or restricted, are not legally competent, or if the residence of the parents living outside the Czech Republic is unknown, a statement may be made by a court-appointed guardian or guardian of the child; parental consent is not required in such cases.
(3) The citizenship of the Czech Republic may be granted to the child separately at the request of the legal representative; the application shall be accompanied by the documents referred to in paragraph 1.
(1) The citizenship of the Czech Republic is granted by the Ministry; the applicant issues the Charter of Citizenship of the Czech Republic.
(2) The application shall be lodged with the office responsible for the applicant's permanent residence. The Office shall verify with the applicant his knowledge of the Czech language and record the result on the file. Knowledge of the Czech language is not demonstrated by the applicant who is or was a national citizen of the Slovak Republic. The Authority shall complete a questionnaire with the applicant, the content of which is set out in the Annex; through the Police of the Czech Republic they will then send the request together with their opinion, the opinion of the Municipal Office and the documents provided for by this Act no later than 30 days after its submission to the Ministry.
(3) The Ministry is required to assess the application for citizenship from the point of view of state security; may request opinions from the Police of the Czech Republic and the intelligence services of the Czech Republic; (b) does not form part of the file.
(4) The administrative procedure for the granting of citizenship shall begin on the date on which the application was received by the Ministry.
(5) The Ministry will decide on the application for citizenship within 90 days of the initiation of the administrative procedure.
(6) The Office will send a record of the composition of the national citizens' promise or a record of the receipt of the instrument of citizenship of the Czech Republic to the Ministry of Justice and will notify the acquisition of citizenship
(a) the Czech Republic permanent residence office,
(b) The police of the Czech Republic,
(c) regional military administration, where a natural person is subject to a military obligation.
(1) The Ministry may waive the condition laid down in § 7 (1) (a) if the applicant is authorised to reside on the territory of the Czech Republic and
(a) born in the Czech Republic, or
(b) has been continuously resident in the Czech Republic for at least 10 years; or
c) has a history of citizenship of the Czech Republic or of citizenship of the Czech and Slovak Federal Republic, or
d) was adopted by a Czech national, or
(e) his spouse is a citizen of the Czech Republic; or
(f) at least one of whose parents is a national of the Czech Republic, or
(g) moved to the Czech Republic until 31 December 1994 at the invitation of the Government; or
h) is homeless or has a refugee status in the Czech Republic.
(2) The Ministry may also waive the condition laid down in Section 7 (1) (b) if the applicant is allowed to reside on the territory of the Czech Republic, legally resides in the territory of the Czech Republic for at least 5 years, has a real relationship with the Czech Republic and
(a) the laws of the State of which he is a national do not permit his release from the State Union or refuse his release from the State Union;
(b) his release from the State Union is linked to disproportionate administrative charges or to other unacceptable conditions in a democratic state;
(c) the applicant could expose himself or persons close to persecution for reasons of race, religion, nationality, belonging to a particular social group or for political beliefs by submitting a request for release from the State;
(d) the granting of citizenship of the Czech Republic would be of significant benefit to the Czech Republic in particular in terms of scientific, social, cultural or sports, or
e) has in the past ceased citizenship of the Czechoslovak Republic or the Czech and Slovak Federal Republic or the Czech Republic, unless it is an applicant who is a national citizen of the Slovak Republic.
(3) The condition laid down in Paragraph 7 (1) (b) may also be waived by an applicant who is authorised to reside in the Czech Republic for at least 5 years, has a real relationship with the Czech Republic and is legally present in its territory for at least 20 years.
(4) In cases of special consideration, the Ministry may also waive the condition laid down in § 7 (1) (d) and (e).
State citizens' promise
(1) A natural person who has been granted citizenship of the Czech Republic shall acquire citizenship of the Czech Republic according to § 7 of the date of composition of the following promise:
"I pledge my allegiance to the Czech Republic. I promise to maintain all laws and other generally binding legislation. I promise to fulfil all obligations of a Czech national."
(2) The child included in the parent's application shall acquire citizenship of the Czech Republic on the day on which at least one of the parents receives it; If the citizenship of the Czech Republic has been granted to this child separately, it shall be taken over by legal representatives on the date of receipt of the Charter of Citizenship of the Czech Republic.
(3) The Ministry may forgive the composition of the State's citizens' promise. In this case, the natural person shall acquire citizenship of the Czech Republic on the date on which the decision to forgive the composition of the national citizens' promise became legal.
(4) A natural person makes a civil oath before the Secretary of the Municipal Office of the Municipality, in the capital city of Prague, before the Secretary of the Municipal Office responsible for his permanent residence, in the cities of Brno, Ostrava and Plzeň before the Secretary of the Municipality of these cities, abroad before the Head of the representative office of the Czech Republic.
_
Citizenship of the Czech Republic
(a) by declaration (§ 16),
(b) acquisition of foreign citizenship on the basis of explicit expression of will (§ 17 (1)).
cancelled
Declaration
(1) A national of the Czech Republic, who is abroad and at the same time a national of a foreign state, may at the earliest declare, on the date on which he reaches age, that he renounces citizenship of the Czech Republic.
(2) The declaration referred to in paragraph 1 shall be made before the representative office of the Czech Republic. The applicant shall specify:
(a) when he acquired foreign citizenship,
(b) the place of last residence in the Czech Republic or that he has never had such residence.
The declaration shall be accompanied by a proof of citizenship of the Czech Republic and proof that it has acquired citizenship of a foreign State.
(3) Parents may include a child who is a national citizen of the Czech Republic and also a national citizen of a foreign state in the declaration referred to in paragraph 1. The declaration shall be accompanied by:
(a) the birth certificate of the child;
(b) proof that the child has acquired citizenship of a foreign State.
(4) Where only one of the parents makes a request under paragraph 3, he shall, in addition to the documents referred to in paragraph 3, also submit the consent of the other parent to a change in the citizenship of the child, provided that the exercise of parental responsibility of the other parent has not been restricted or suspended, has not been deprived of his parental responsibility or legal capacity, or that the residence of the other parent living outside the Czech Republic is unknown. If both parents of the child are deprived of parental responsibility, the exercise of their parental responsibility has been suspended or restricted, are not legally competent, or if the residence of the parents living outside the Czech Republic is unknown, a statement may be made by a court-appointed guardian or guardian of the child; parental consent is not required in such cases.
(5) The representative office of the Czech Republic will issue a natural person with proof of the loss of citizenship of the Czech Republic.
(6) Upon receipt of the declaration of surrender of citizenship of the Czech Republic, the Office will notify its expiry
(a) the reporting office of the current residence or last residence in the Czech Republic;
(b) The police of the Czech Republic,
(c) regional military administration, where a natural person is subject to a military obligation.
Acquisition of foreign citizenship
(1) A national of the Czech Republic shall cease to be a citizen of the Czech Republic on the day on which he voluntarily acquires foreign citizenship on the basis of explicit expression of will (request, declaration, consent or other action to acquire foreign citizenship). The loss of citizenship of the Czech Republic will not take place in cases where foreign citizenship has been acquired in connection with the conclusion of a marriage with a foreign national, provided that the foreign citizenship of the spouse has been acquired during the marriage. The loss of citizenship of the Czech Republic will not occur even in cases where foreign citizenship was acquired by birth.
(2) The Office shall, upon receipt of a notification of the expiry of the citizenship of the Czech Republic, notify the Office of its expiry of:
(a) the reporting centre of the current permanent or last residence in the Czech Republic;
(b) The police of the Czech Republic,
(c) regional military administration, where a natural person is subject to a military obligation;
(d) the Ministry, if the Czech Republic has not been notified to the Office by the Ministry.
SPECIFIC PROVISIONS ON THE STATE CITIZENSHIP OF THE CZECH REPUBLIC IN CONNECTION WITH THE ZONEčeská AND SLOVENIA FEDERATIVE REPUBLIC
(1) A natural person who, at 31 December 1992, had the citizenship of the Czech and Slovak Federal Republic and who became a candidate for citizenship of the Slovak Republic during the period from 1 January 1993 to 31 December 1993 shall be deemed to be a national citizen of the Czech Republic unless it is established that the citizenship under this Act has ceased after the election of the Slovak Republic.
(2) A national of the Czech Republic, who, on 31 December 1992, had citizenship of the Czech and Slovak Federal Republic, will not lose his citizenship of the Slovak Republic.
(1) A natural person who, on 31 December 1992, had the citizenship of the Czech and Slovak Federal Republic, who was not a national citizen of the Czech Republic and who had a permanent residence in the territory of the Czech Republic under the special legislation 3f), 3g) on 31 December 1992 and is still in residence or who has lived permanently in the territory of the Czech Republic since that date (the declarant) may make a declaration on the acquisition of citizenship of the Czech Republic.
(2) The declaration referred to in paragraph 1 shall be made before the Office competent for the place of permanent residence of the declarant or, where appropriate, for the place where the declarant lives. The declaration shall be accompanied by:
(a) the birth certificate and, where the declarant has entered into marriage, the marriage certificate or, where appropriate, the proof of divorce or the death certificate of the deceased spouse;
(b) documents by which the declarant can prove permanent residence in the territory of the Czech Republic or the fact that he is permanently resident in the territory of the Czech Republic no later than 31 December 1992. (c)
(3) Parents or, where appropriate, one of them may include a child in the declaration; the child may not fulfil the condition referred to in paragraph 1. The declaration shall be accompanied by:
(a) the birth certificate of the child;
(b) the consent of the second parent to acquire citizenship of the Czech Republic, provided that the exercise of parental responsibility of the second parent has not been restricted or suspended or has not been deprived of parental responsibility or legal capacity.
(4) Parents or, where appropriate, one of them may make a separate declaration for the child; this child may not fulfil the condition set out in paragraph 1 if at least one of the parents is a national of the Czech Republic. The declaration shall be accompanied by the documents referred to in paragraph 3.
(5) If both parents of a child living in the territory of the Czech Republic are deprived of parental responsibility or the exercise of their parental responsibility has been suspended or limited or are not legally competent, a statement may be made by a court-appointed guardian or guardian of the child; parental consent is not required in such cases. The delegate or guardian shall add to the application:
(a) the birth certificate of the child;
(b) a final decision by the court on its provision by the guardian or guardian.
(6) According to this provision, citizenship of the Czech Republic is acquired on the date of issue of the certificate of acquisition of citizenship of the Czech Republic by a declaration. If the conditions for certification are not met, the Office shall reject the declaration by decision.
(7) Acquisition of citizenship of the Czech Republic is notified by the competent authority
(a) the reporting institution of the place of permanent residence or of the place where the natural person lives;
(b) The police of the Czech Republic,
(c) regional military administration, if it is a person subject to a military obligation;
(d) the Ministry.
(1) A national of the Slovak Republic, who, on 31 December 1992, had citizenship of the Czech and Slovak Federal Republic and who acquired citizenship of the Slovak Republic by grant between 1 January 1994 and 1 September 1999, may make a declaration on the acquisition of citizenship of the Czech Republic, unless such citizenship has already been acquired differently in the meantime.
(2) The competent representative office shall be responsible for accepting the declaration when the declaration is made abroad. If the declaration is made in the Czech Republic, the competent authority shall be responsible for its acceptance according to the place of permanent residence or the last permanent residence of the declarant in the Czech Republic. If the declarant has never had a permanent residence in the Czech Republic, the Office of the City of Prague 1 is responsible for accepting the declaration.
(3) The applicant shall demonstrate his identity and state in the declaration the place of current permanent residence or, where applicable, the last permanent residence in the Czech Republic; If he has never had such a stay, he shall state that fact.
(4) The declaration shall be accompanied by the birth certificate of the declarant and the instrument of citizenship of the Slovak Republic; where the declarant has entered into a marriage, the marriage certificate, divorce document or death certificate of the deceased spouse shall be attached as appropriate.
(5) The representative office which receives the declaration shall forward it together with the accompanying documents within 30 days at the latest to the competent authority referred to in paragraph 2.
(6) Parents may include a child in the declaration; this may not fulfil the condition set out in paragraph 1. The birth certificate of the child shall be attached to the declaration. If a declaration is made by only one parent, the declaration shall be accompanied by the consent of the other parent to acquire citizenship of the Czech Republic, unless the exercise of parental responsibility of the other parent has been restricted or suspended, if his parental responsibility or legal capacity has not been waived, or if the residence of the other parent living outside the Czech Republic is unknown.
(7) Parents may make a separate declaration for the child; this child may not fulfil the condition set out in paragraph 1 if at least one of the parents is a national of the Czech Republic. The declaration shall be accompanied by the documents referred to in paragraph 6.
(8) If both parents of the child are deprived of parental responsibility, the exercise of their parental responsibility has been suspended or restricted, if they do not have legal capacity, or if the residence of the parents living outside the Czech Republic is unknown, a statement may be made by a court-appointed guardian or guardian of the child; parental consent is not required in such cases. The delegate or guardian shall add to the application:
(a) the birth certificate of the child;
(b) a final decision by the court on its provision by the guardian or guardian.
(9) The competent authority shall verify that the conditions laid down in this Act for the issue of a certificate of citizenship of the Czech Republic are fulfilled by a declaration; If these conditions are met, the Office shall issue the certificate, failing which the declaration shall be refused by decision.
(10) The citizenship of the Czech Republic is acquired under this provision by a declaration from the date of issue of the certificate of acquisition of citizenship.
(11) Acquisition of citizenship of the Czech Republic will be notified by the competent authority
(a) the Czech Republic permanent residence office,
(b) The police of the Czech Republic, if the declarant is allowed to stay in the territory of the Czech Republic,
(c) regional military administration, if it is a person subject to a military obligation;
(d) the Ministry.
(1) A citizen of the Slovak Republic who:
(a) was born in the territory of the Slovak Republic to parents, one of whom had the citizenship of the Czech Socialist Republic or the Czech Republic and the second citizenship of the Slovak Socialist Republic or the Slovak Republic; and
(b) on 31 December 1992, he was a citizen of the Czech and Slovak Federal Republic and at the same time the Slovak Republic under the age of 18;
may make a declaration on the acquisition of citizenship of the Czech Republic, unless such citizenship has already been acquired otherwise in the meantime.
(2) The competent representative office shall be responsible for accepting the declaration when the declaration is made abroad. If the declaration is made in the Czech Republic, the competent authority shall be responsible for its acceptance according to the place of permanent residence or the last permanent residence of the declarant in the Czech Republic.
(3) The applicant shall demonstrate his identity and state in the declaration the place of current permanent residence or, where applicable, the last permanent residence in the Czech Republic; If he has never had such a stay, he shall state that fact.
(4) The declaration shall be accompanied by the birth certificate of the declarant and the proof of citizenship of the Slovak Republic, as well as the documents of citizenship of the parents of the declarant at the time of his birth. Where the declarant has entered into a marriage, the marriage certificate, the proof of divorce or the death certificate of the deceased spouse shall be attached as appropriate.
(5) A declaration referred to in paragraph 1 may be made for the child by its parents or, where appropriate, by one of them. The declaration shall be accompanied by the birth certificate of the child and the proof of citizenship of the Slovak Republic as well as documents of citizenship of the parents at the time of birth. If a declaration is made by only one of the parents, the declaration shall be accompanied by the consent of the other parent to acquire citizenship of the Czech Republic if the exercise of parental responsibility of the other parent has not been restricted or suspended, has not been deprived of his parental responsibility or legal capacity, or if the residence of the other parent living outside the Czech Republic is not known.
(6) If both parents of the child are deprived of parental responsibility, the exercise of their parental responsibility has been suspended or restricted, are not legally competent, or if the residence of the parents living outside the Czech Republic is unknown, a statement may be made by a court-appointed guardian or guardian of the child; parental consent is not required in such cases. The guardian or guardian shall add to the declaration:
(a) the documents referred to in the second sentence of paragraph 5; and
(b) a final decision by the court on its provision by the guardian or guardian.
(7) The representative office which receives the declaration shall forward it together with the accompanying documents within 30 days at the latest to the competent authority referred to in paragraph 2.
(8) The competent authority shall verify that the conditions laid down in this Act for the issue of a certificate of citizenship of the Czech Republic are fulfilled by a declaration; If these conditions are met, the Office shall issue the certificate, failing which the declaration shall be refused by decision.
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Regulation Information
| Citation | Full text of Act No. 471 / 2003 Coll., Act No. 40 / 1993 Coll., on the Acquisition and Absence of Citizenship of the Czech Republic, as resulting from subsequent amendments |
|---|---|
| Regulation Type | Declared full text |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 31.12.2003 |
|---|---|
| Effective from | - |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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