Schengen and Residency Issues

Making your stay official in the Czech Republic

DISCLAIMER: The information below relating to Czech legal requirements is provided for general information only and may not be totally accurate in a particular case. Questions involving interpretations of specific provisions or application to a specific case should be addressed to Czech government officials. The Embassy is not in a position to intercede with Czech authorities on behalf of Americans seeking visas, visa exemptions and work permits.
 
U.S. citizens planning to enter and visit the Czech Republic as tourists do not require a visa and are permitted to remain in the country a maximum of 3 months (90 days.) 
 
Americans planning to stay in the Czech Republic for more than 3 months, or for purposes other than tourism, should apply for a long-term visa.  It is recommended that you do this before coming to the Czech Republic

Schengen Treaty Member Countries and Entry Requirements 

American tourists do not need visas to stay in the Czech Republic or any other Schengen Treaty country for a maximum of 90 days during a 6 month period; that means you can spend 90 days in the Czech Republic, (or, for instance, 10 days in Italy + 20 days in Spain + 60 days in Germany.) After 90 days, you must leave Schengen territory and remain away for at least 90 days. You may only travel back to the Czech Republic, or another Schengen country, and stay for another 90 days if you have spent at least 90 days out of Schengen Territory. For example, you cannot stay in the Czech Republic for 90 days then go to Spain (or another Schengen country) and then come directly back to the Czech Republic. 
 
What if I have a long-term (“D”) visa? 
The Czech Ministry of Interior has informed us that the D visa, which is generally valid for 12-months, is an appropriate visa for someone who wants to remain in the Czech Republic for more than 90 days, but is problematic for those wishing to travel within the Schengen zone.  The problem is that it is not/not a Schengen visa.  In other words, your “Schengen clock” starts running from the time you enter the Czech Republic and runs out after 90 days, regardless of whether you have left the Czech Republic or not.  You are allowed to stay in the Czech Republic, but you can do no more than transit other parts of the Schengen zone.
 
What do I need to stay in the Czech Republic and travel freely in the Schengen zone? 
The Ministry of Interior has told the Embassy that long-term residency (dlouhodoby pobyt) would allow someone from a non-Schengen state to reside in the CR and travel freely throughout the Schengen zone.  You may apply for long-term residency within 4-months of the expiration of your long-term D visa.

SPECIFIC FAQs – Below is a summary of information received from the Ministry of the Interior at our Schengen Forum on March 3, 2008

How can I apply for a D visa?
If you plan to stay in the Czech Republic longer than three months, you should apply for a long-term visa (D visa) before entering the country. If you are in the Czech Republic already and would like to stay longer, you must leave the country and apply for the D visa.

Do I have to leave the Schengen area to apply for a D visa?
No. A D visa only applies to one’s stay in the Czech Republic and is not valid for long-term stay in the entire Schengen area so it can be applied for anywhere outside the Czech Republic. 

How long does it take to get a D visa?
Each D visa applicant undergoes a background check by the Czech Police done in the district in which he or she will reside. As most Americans tend to apply to live in Prague, there are naturally longer wait times associated with those visa applications. Outlying areas may have shorter wait times. Typically, applications should take 3-4 months.

Do I have to apply in person for my D visa or can my company or organization do it for me? 
You must apply in person.

So how do I travel to other Schengen countries if I am living in the Czech Republic on a D visa and have been here longer than 3 months?
You need to apply for a country-specific, territorially limited visa for each of your destinations (e.g. apply for a French visa if you would like to travel to France).  

My D visa expires soon (or just expired), but it was issued before all these new Schengen rules. Once it expires, do I get the 3 Schengen months for extra travel? 
No. If you already have been living in the Czech Republic for 90 days out of the last 180, you have used up all your Schengen time regardless of your D visa status.

Can I get a Schengen-wide long-term visa? 
Yes, but you must apply for one outside the Schengen zone. It is therefore very problematic to arrive in the Czech Republic and then apply for a long-term Schengen visa as it will require exit of the Schengen territory for some time.

How do I apply for residency?
Family members and legal partners of EU citizens may apply for residency without a waiting period, but most applicants must have had at least one long-term D visa before applying for residency. Typically, one may apply for residency during the last four months of the validity of the D visa. (Example: You apply for and receive a D visa with an expiration of one year. You may apply for your residency permit after eight months.)

Does the D visa allow for transit? 
Yes. The D visa allows for third-country transit.