A person can obtain Czech citizenship by descent provided that he or she has a Czech heritage. The procedure is more complex, as one needs to provide enough evidence on the Czech/Czechoslovak descent. Given this, persons interested in the procedure should address our immigration lawyer in Czech Republic, who can present the main rules of law and steps to be taken in this sense.
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When can one qualify for Czech Republic citizenship by descent?
A person has the right to apply for citizenship by descent in the case in which the applicant has (or has had) a mother or a father or grandparents that were of Czech descent or who are/were Czech nationals.
However, certain circumstances have to be met by the parents, as the Czech Republic enacted specific rules of law which can limit the right to citizenship of such persons. The current law does not regulate Czech citizenship by descent of great grandparent. In order for an applicant to be considered eligible, he or she must have 1 direct ancestor (parent, grandparent) who complies with these 3 conditions:
- was born in Czech Republic;
- did not leave the territory of Czech Republic before 1918;
- did not became a Slovak citizen in the meantime.
The applicant is also entitled to apply for citizenship if the ancestor, who meets the above mentioned conditions, has lost the Czech citizenship. Beside this, another situation can appear. The ancestor of the applicant was a Czechoslovakian citizen until the date of 31st December 1992 and did not declare since that moment whether he or she is a Czech or a Slovak citizen.
Concerning this, it must be noted that the largest group of foreigners living in Czech Republic is comprised of people of Slovakian citizenship. According to the latest data provided by the Czech Statistical Office, Slovakians account for more than 117,000 persons who hold a residence permit (issued as a long-term permit) issued by the Czech authorities.
In comparison, the 2nd largest group accounts for 19,000 residence permits (Romanian nationals). Please mind that the obtaining Czech citizenship by descent does not represent a complicated procedure, but the applicant must gather all the documents imposed by the Czech immigration law, including documents that attest the descent relation between the applicant and the ancestors.
Here, more complex procedures can appear (addressing to local institutions) and the assistance our immigration lawyer in Czech Republic can be necessary. Persons who want to apply for Czech citizenship by descent in 2024 have to present, as mentioned above, all the documents that can attest the blood connection to a person who is a Czech national.
Documentation for citizenship by ancestry in Czech Republic
You have to prepare in your 2024 application file documents such as: your birth certificate, your parents’ birth certificates or the ones of your grandparents, the parents’ citizenship certificates (where applicable), documentation about their residency in this country.
If you are married, the marriage certificate is required as well, if you have changed your name, the documentation concerning this must be added to the file also, along with any other documents that can be required by the law. In general, the Czech Republic immigration authorities will ask for the following types of documents, but they can vary on a case-to-case basis:
- a completed application form;
- the identity document/the passport;
- the birth certificate;
- the birth certificates of the applicant’s parents and their marriage certificate;
- the birth certificates of the applicant’s grandparents and their marriage certificate;
- a proof showing that the parents or the grandparents have lost their Czechoslovakian citizenship;
- a declaration that states that the applicant is not a Slovakian national;
- marriage/death/divorce certificates, if the applicant is married, a widow or a divorcee.
At the end of the procedure, you will be issued with the Czech citizenship and a certificate to prove it. In general, the granting of the citizenship certificate takes around 3 to 6 months, but for those who apply from Czech Republic (persons born here) the time required for the issuance of the document is reduced to 1-2 months maximum.
What is the law on Czech citizenship by descent in 2024?
Citizenship in Czech Republic can be obtained by following the legal procedure for citizenship by declaration. Citizenship by declaration is available for persons who have lost their Czech/Czechoslovakian citizenship. It also applies to those who are the descents of persons who are Czech nationals or were Czech nationals, as long as such persons are the parents or the grandparents of the applicant.
Please mind that the applicant can have only 1 person of Czech ancestry in order to qualify. The following regulations apply:
- those who have lost the citizenship can apply if they lost the citizenship before the effective date of the Act No. 186/2013 Coll (Act on Citizenship of the Czech Republic);
- a person in the above mentioned situation can apply if he or she qualifies under the Section 31, Paragraph 1 of the Law before 1 January 2014;
- Section 31, Paragraph 2 states that this right is also granted to former Czechoslovak citizens who were permanent residents of Czech Republic/Czech Socialist Republic;
- Section 31, Paragraph 3 states that persons who have parents or grandparents who are/were Czech nationals (or Czechoslovakian nationals) can apply for citizenship;
- the latter was amended under the Act No. 2017/2019 Coll. (6 September, 2019).
All applicants for Czech Republic citizenship by descent will submit their applications to the Regional Authorities operating in the country. However, the decision regarding the issuance of the citizenship is done by the Ministry of Interior. The Regional Authority will send the application to the Ministry of Interior in a period of 30 days since the applicant submitted the files.
Since the day when the Ministry received the application, a decision can be issued in a period of 180 days. Our lawyer can present if it can be possible to obtain Czech citizenship by descent of great grandparent.
Citizenship in Czech Republic – application by declaration
Czech citizenship by heritage is assimilated to the type of citizenship that is acquired through declaration, as per the rules of the Czech Citizenship Act. Section 35 of the Act stipulates that citizenship under the rules of citizenship by origin can also be obtained by a person who is not related to a Czech national, as long as certain conditions are met.
Our immigration lawyers in Czech Republic present in the list below the main conditions a person must satisfy in order to qualify for citizenship by declaration:
- the person can initiate the procedure after reaching the age of 18 years old, but no later than 3 years after the date when the person reached the 18th birthday (so, no later than 21 years old) – Section 35 (1);
- the person has his/her permanent residence in Czech Republic – Section 35 (1)(a);
- the person has resided on the Czech territory, from the age of 10 years old up until the moment of the application, at least two thirds of time in the country – Section 35 (1)(b);
- the applicant has never been considered a threat to the Czech society – he/she doesn’t have any type of convictions – Section 35 (1)(c).
Acquiring Czech citizenship by origin, as per the rules of the Section 32
Another way to obtain citizenship by heritage, assimilated to the citizenship by declaration, is following the stipulation of Section 32 of the Czech Citizenship Act. This part of the law refers to the persons who did not hold either the Czech citizenship or the Slovak citizenship, but was born on the territory of the Czech and Slovak Federative Republic.
Section 32 stipulates that this category of individuals can apply for Czech citizenship by ancestry if, at the date of 31 December 1992, these persons were citizens of this country, later separated into 2 different territories. This section of the Act stipulates that any person who, at that date, became a Slovak national, can’t apply for Czech citizenship by origin.
Section 32 (2) stipulates that the direct descendants of persons allowed to apply for Czech citizenship by heritage, as regulated by Section 32 (presented above) are also allowed to apply for citizenship in Czech Republic by descent.
If you want to immigrate to Czech Republic and want to apply for citizenship, our team of lawyers remains at your service with in-depth legal advice on any legal pathway that may be suitable for you.
Authentication of documents
If you want to apply for Czech citizenship by heritage, it is required to address a public notary for the authentication of documents. In the case that you must submit documents that were not originally issued in the Czech language, it is legally required to prepare a translated version of said documents.
The authentication of documents is required for any document that is issued in a country that is not an EU member state. Depending on the country that issued the document, the legalization procedure can be completed through the apostille or the super-legalization procedure.
Our immigration lawyers in Czech Republic can present which are the countries for which you have to prepare either one of the procedures.
We also invite you to address our team if you want to know more on other pathways to Czech citizenship. Our team can help foreigners who want to obtain citizenship by marriage to a Czech national. This procedure has different rules and regulations compared to citizenship by descent (on matters concerning the duration of the process, the documents to be prepared, etc.).
You can also address our team if you want to obtain a residence permit in Czech Republic. The obligation to apply for a residence permit appears only when a foreign citizen stays in this country for a period longer than 90 day in 180 days.
The document can be issued in a period of 60 days or up to 180 days, depending on the place where you make the application (in the country or outside). Please contact our immigration lawyer in Czech Republic for more details.
