Author
The total number of beneficiaries of international protection that obtained long-term resident status in accordance with Directive 2003/109/EC, is 27 (11 of them are recognised refugees, 16 of them beneficiaries of temporary protection).
Beneficiaries of international protection have two possibilities to obtain a long-term residency. They can either apply for permanent residence or for long-term resident status in accordance with Directive 2003/109/EC. The requirements are almost identical, except the Czech exam on the level of A2, which is a mandatory condition for obtaining permanent residence.[1] For better understanding of the importance of long-term resident status, the ‘standard’ permanent residence will be explained first in the following paragraphs.
Permanent residence
If a beneficiary of international protection obtains permanent residence, their international protection will cease . For recognised refugees, it makes almost no sense to apply for permanent residence, as the rights of recognised refugees are identical (or even better) as those of permanent residents. The only exception where it makes sense to apply for permanent residence is if the recognised refugee wants to travel to their country of origin, as this is not possible while holding the status of beneficiary of international protection.
Contrary to recognised refugees, permanent residence is of essential importance for beneficiaries of subsidiary protection. It protects them from the risk of losing their residence permit in the case that the situation in their home country would change to such an extent that international protection is no longer necessary. Most beneficiaries apply for permanent residence after 5 years of residence in the Czech Republic, if they fulfil the conditions (knowledge of the Czech language at A2[2] level and stable income and accommodation).
EU long-term resident status in accordance with Directive 2003/109/EC
The EU long-term resident status is of fundamental importance mainly for beneficiaries of subsidiary protection who don’t speak Czech and thus cannot take the language exam and obtain ‘standard ’ permanent residence. The second benefit of the EU long-term resident status is that the beneficiary can keep international protection together with the resident status (which is advantageous, for example, in cases where the foreigner is unable to obtain a passport from his home country or in cases where the protection against extradition is needed).
Criteria for obtaining the EU long-term resident status are the same for refugees and subsidiary protection beneficiaries. The conditions are defined in section 53d of the Asylum act:
- Residence on the territory of the Czech Republic for at least 5 years (conditions identical with the Directive);
- No serious violation of public order or threat to the security of the Czech Republic or another Member State of the EU; and
- Stabile income in the same amount as for the application for permanent residence: regularly monthly income of the applicant must be higher than the basic subsistence levels of persons living together in the household and the housing costs. In 2025, the basic subsistence was 4,860 CZK (approx. € 200) for a single living adult, 4,470 CZK (approx. € 185) for adults, the amounts for children vary between 2, 480 – 4,040 CZK depending on the age. The living costs are 16,540 CZK (approx. € 680) for two persons in the household, 18,900 CZK (approx. € 780) for three persons and 20,510 CZK (approx. € 850) for four or more persons in the household.
The application for long-term resident status can be submitted in person, sent per post or data box (official electronic communication with the state authorities). The responsible authority is the same as for the asylum procedure (i.e., the MoI, Department of Asylum and Migration policy, Division of International Protection). The time limit for the issuance of the permit is the general time limit for administrative proceedings, i.e., 30 days or maximum 60 days in complicated cases. This time limit is usually respected in practice.
The EU long-term resident status is quite an unknown matter, although it has been part of the Asylum Act since 2013.[3] Beneficiaries of international protection are usually aware of the possibility to apply for permanent residence or citizenship, but they mostly don’t know about the EU long-term resident status. Even for the MoI it is not a standard institute, which causes the following difficulties. First, beneficiaries of subsidiary protection who obtained the EU long-term resident status receive biometric residence permit cards in the duration of the subsidiary protection, although according to the directive they should obtain residence permit cards in the duration of 5 years. Second, in the case that the beneficiary loses subsidiary protection, but the EU long-term resident status persists, the resident status turns to permanent residence, but there are no publicly known rules on this procedure, as this situation has probably never occurred yet.
[1] The requirements are defined in section 70 of the Immigration Act.
[2] The obligation to take the language exam does not apply in the following cases: foreigners younger than 15 years or older than 60 years; at least 1 year of school attendance or high school studies in Czech language; foreigners with disabilities.
[3] See Public Defender of Rights, inquiry report No 5615/2018/VOP/JST, 9 June 2020, available here, chapter C. 1. The Ombudsman recommends the MoI to inform beneficiaries of international protection about the possibility to apply for the resident status.