Come rimanere nella Repubblica Ceca se non si ha il diritto alla protezione temporanea: un algoritmo di azioni

Gli ucraini che non possono tornare a casa o trasferirsi in un altro paese ma non sono idonei per la protezione temporanea nella Repubblica Ceca possono sfruttare un'opzione alternativa. Scopri di più su cosa offre il paese

Assistenza legale su questioni migratorie per ucraini in Ucraina e all'estero

OTTENERE

Many Ukrainian citizens are faced with the problem of staying in the Czech Republic, asking themselves what to do if "I am not eligible for temporary protection in the Czech Republic, but I cannot or do not want to return to Ukraine or move to another country"? We will tell you how you can stay in the country in this case and what you need to do.

What should I do if I am not eligible for temporary protection in the Czech Republic but want to stay?

According to proukrainu.blesk.cz, the Czech Ministry of the Interior reports that there is an alternative for persons with such a problem - a tolerance visa or, in Czech, a vízum strpění visa, which is issued for more than 90 days. 

You can apply for such a visa in person at the OAMP MV (Department for Asylum and Migration Policy of the Czech Ministry of the Interior). Anyone who is not eligible for temporary protection due to another long-term visa of an EU country (including Czech visas) can apply for such a visa.

What do I need to do to obtain a vízum strpění?

First of all, you need to make an appointment to visit the office assigned to your residential address. In particular, you need to have the following documents with you:

• A completed application form.

• A stamp in the amount of 300 CZK for accepting the application (available only at Czech Post offices).

• One passport-size photo (45 x 35 mm).

• A copy of your international passport.

• Documents confirming the existence of an obstacle to leaving the territory of the Czech Republic. This document can be replaced by an affidavit. For example, in the case of refugees, it can be stated that the reason for the inability to return home is the russian invasion of Ukraine.

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How long do I have to wait for a decision?

The legal period for processing an application is 30 days. You will be notified of the decision by mail. 

Please note! If you fail to fulfill one of the above requirements or fail to pay the administrative fee, the request will be considered inadmissible and returned.

What is the difference between temporary protection and a tolerance visa?

Holders of a tolerance visa have the following differences:

• Health insurance: Holders of a tolerance visa are not covered by public health insurance. They need to purchase commercial insurance.

• Humanitarian assistance: Foreigners with a tolerance visa are not eligible to apply for humanitarian aid and do not receive any additional assistance.

• Labor market: A tolerance visa does not give the right to free access to the labor market. To obtain a work permit, you must apply to one of the offices of the State Employment Service.

Important! A tolerance visa issued in connection with the full-scale invasion of Ukraine by the russian Federation does not expire upon leaving the territory of the Czech Republic.

Refugees in the Czech Republic with a Canadian visa

Many refugees have lost the opportunity to extend their temporary protection in the Czech Republic by obtaining a Canadian visa under the CUAET program. However, the Ministry of the Interior of the Czech Republic has informed that temporary protection can be extended with a Canadian visa under the following conditions:

• Czech temporary protection was obtained first.

• The Canadian CUAET visa was obtained before February 10, 2023.

"Given that some types of visas granted by Canada were issued before the entry into force of Act No. 175/2022 Sb, which dealt with the conflict between visas and temporary protection, and given the degree of nervousness in connection with the expectation of the entry into force of amendments to the so-called "Lex Ukrajina" regarding the extension of temporary protection, the Ministry of the Interior informs that the so-called "Canadian visa" ("Temporary Resident Visa") issued before 10.02.2023 will not be an obstacle to the extension of temporary protection," the official website of the Czech Ministry of the Interior says.

If you are interested in the issue of migration and face any obstacles or difficulties, we recommend that you entrust this matter to professionals - Visit Ukraine lawyers will help you with the collection of documents and provide advice using an individual approach. You can get acquainted with the consultation packages here.

We remind you! The Polish government wants to introduce a new verification system that will allow to establish the location of Ukrainians and instantly suspend benefits for those who are outside the country. Read more about the innovations and when they will come into force.

Want to know more? Read the latest news and useful materials about Ukraine and the world in the News section.

Ihor Usyk is the Head of Legal Department at Visit Ukraine

On the Visit Ukraine portal, you can get legal advice on migration law. Our lawyers will answer all your questions and, if necessary, help you collect, submit and receive the documents you need. You can order a specialist consultation or full legal support by following this link.