Czech Republic: Rights of a person possessing a Czech Republic travel document (Cestovni doklad), particularly right to apply for citizenship and right to return to the Czech Republic

The Consul at the Consulate General of the Czech Republic in Montreal provided the following information on the rights of a person possessing a Czech Republic travel document (Cestovni doklad), particularly right to apply for citizenship and right to return to the Czech Republic:

Only a person with a granted asylum (a refugee status) in the Czech Republic can hold a Travel Document – "Cestovni doklad" – issued under the Czech Act on Asylum (under the Act on Refugees – by January 1, 2000) respecting the 1951 Convention relating to the Status of Refugees and its 1967 Protocol.

A person with a granted asylum in the Czech Republic has right to permanent residence in my country. There is however, a time limit for the residence given by a time validity of a decision on asylum. The decision on asylum is taken by the Interior Ministry's authorities.

Persons with a permanent residence in the Czech Republic, I mean foreigners – both refugees and other foreigners allowed to stay in the Czech Republic on permanent residence permit, can enter the Czech Republic without a visa. It means, a holder of a valid Czech Travel Document indicating he/she is also a person with granted asylum in Czech Republic can freely return to the Czech Republic.

Persons with a permanent residence in the Czech Republic, again both refugees and other foreigners staying in the Czech Republic on permanent residence permit, can apply for Czech citizenship. Under the 1993 Act on Acquisition and Loss of Citizenship of the Czech Republic, as amended (Citizenship Act), the Czech citizenship application is met provided an applicant:

– is a holder of permanent residence permit in the Czech Republic for at least five years preceding the day of filing the application and has been residing in the Czech Republic for prevailing time;

– proves he/she will lose current foreign citizenship upon acquiring Czech citizenship or proves he/she has already lost it, unless the applicant is stateless or a refugee/a person with granted asylum in the Czech Republic;

– was not finally sentenced for an intentional crime within last five years;

– knows Czech language.

The possibility to waive any of the mentioned conditions governing conferment of Czech citizenship and the qualifications for such waiver are specify in the Citizenship Act. The condition of a five years permanent residence in the Czech Republic may be waived provided that e.g. the applicant is a refugee.

Applications for Czech citizenship shall be filled at the district office according to the applicant's permanent residence place. The applications shall be furnished by a certificate of birth, a certificate of marriage, if applicable, a document proving loss citizenship of another state, if applicable, an excerpt from the crime register and the applicant's curriculum vitae. The Czech citizenship is conferred by the Ministry of Interior of the Czech Republic.

This Response is not, and does not purport to be, conclusive as to the merit of any particular claim to refugee status or asylum.

Reference

Consulate General of the Czech Republic, Montreal. 15 September 2000. Correspondence from the Consul.