The citizenship law of the Czech Republic

Czech Republic

The Czech Republic is a landlocked country in Central Europe. The country is bordered by Poland to the northeast, Slovakia to the east, Austria to the south, and Germany to the west and northwest....

is based on the principles of Jus sanguinis

Jus sanguinis

Ius sanguinis is a social policy by which citizenship is not determined by place of birth, but by having a parent who are citizens of the nation...

 or "right by blood". In other words, descent from a Czech parent is the primary method of acquiring Czech citizenship (together with naturalisation). Birth on Czech territory without a Czech parent is in itself insufficient for the conferral of Czech citizenship. Every Czech citizen is also a citizen

Citizenship of the European Union

Citizenship of the European Union was introduced by the Maastricht Treaty . European citizenship is supplementary to national citizenship and affords rights such as the right to vote in European elections, the right to free movement and the right to consular protection from other EU states'...

 of the European Union

European Union

The European Union is an economic and political union of 27 independent member states which are located primarily in Europe. The EU traces its origins from the European Coal and Steel Community and the European Economic Community , formed by six countries in 1958...

. The law came into effect on 1 January 1993, the date of the dissolution of Czechoslovakia

Dissolution of Czechoslovakia

The dissolution of Czechoslovakia, which took effect on 1 January 1993, was an event that saw the self-determined separation of the federal state of Czechoslovakia. The Czech Republic and Slovakia, entities which had arisen in 1969 within the framework of Czechoslovak federalisation, became...

, and has been amended in 1993, 1995, 1996, 1999, 2002, 2003 and 2005. Dual citizenship

Multiple citizenship

Multiple citizenship is a status in which a person is concurrently regarded as a citizen under the laws of more than one state. Multiple citizenships exist because different countries use different, and not necessarily mutually exclusive, citizenship requirements...

 is restricted under Czech law although there are some exceptions.

Citizenship by birth

The principle of Jus sanguinis is used to determine eligibility for citizenship, as is typical in Europe

Europe

Europe is, by convention, one of the world's seven continents. Comprising the westernmost peninsula of Eurasia, Europe is generally 'divided' from Asia to its east by the watershed divides of the Ural and Caucasus Mountains, the Ural River, the Caspian and Black Seas, and the waterways connecting...

. In principle, any person born to a Czech citizen is a Czech citizen at birth. Whether the person is born in the Czech Republic or elsewhere is irrelevant. Where only the father is Czech, and the parents are unmarried, proof of paternity is required - by the parents making a concerted declaration before the Registry Office or a court. Children born in the Czech Republic to non-Czech parents do not acquire Czech citizenship unless:

• the parents are stateless; and
• at least one parent is a permanent resident
  Permanent residence
  Permanent residence may refer to:* Permanent Residence * Permanent residence * Permanent residency* Permanent resident...
  
   of the Czech Republic

Children aged less than 15 years found on the territory of the Czech Republic (where identity of the parents cannot be established) are deemed to be Czech citizens.

Emigrants

During the communist era (1948-89) hundreds of thousands of Czechoslovakian citizens had emigrated into The West

Western world

The Western world, also known as the West and the Occident , is a term referring to the countries of Western Europe , the countries of the Americas, as well all countries of Northern and Central Europe, Australia and New Zealand...

. The regime punished emigration by removing Czechoslovak citizenship, along with property confiscation and in absentia prison sentences. Since the Velvet revolution

Velvet Revolution

The Velvet Revolution or Gentle Revolution was a non-violent revolution in Czechoslovakia that took place from November 17 – December 29, 1989...

 in 1989 many emigrants have demanded their citizenship be restored. Between 1999 and 2004, a special measure allowed them to regain the citizenship ^{http://krajane.radio.cz/cs/article_detail/223}, however a minimal number of people took advantage due to the wording which "granted" citizenship rather than "restored" it, and as such didn't legally permit dual citizenship.

Historical groups of ethnic Czechs living in other countries (post-Soviet states

Post-Soviet states

The post-Soviet states, also commonly known as the Former Soviet Union or former Soviet republics, are the 15 independent states that split off from the Union of Soviet Socialist Republics in its dissolution in December 1991...

—Volhynia, Romania

Czechs of Romania

The Czechs are an ethnic minority in Romania, numbering 3,938 people according to the 2002 census. The majority of Romanian Czechs live in the south-west of the country, with around 60% of them living in Caraş-Severin County, where they make up 0.7% of the population.As an officially recognised...

) get handled on a case by case basis (see more).

Declaration

If a person was a citizen of the Czech and Slovak Federal Republic

Czech and Slovak Federal Republic

Czech and Slovak Federal Republic was the official name of Czechoslovakia from April 1990 until 31 December 1992, when the country was dissolved into the Czech Republic and the Slovak Republic.- Adoption of the name :Since 1960, Czechoslovakia's official name had been Czechoslovak Socialist Republic...

 as of 31 December 1992, he may declare citizenship of either the Czech Republic or Slovakia

Slovakia

The Slovak Republic is a landlocked state in Central Europe. It has a population of over five million and an area of about . Slovakia is bordered by the Czech Republic and Austria to the west, Poland to the north, Ukraine to the east and Hungary to the south...

 (gaining Slovak citizenship

Slovak nationality law

right|150pxSlovak nationality law is based on the principles of Jus sanguinis. Slovak citizenship is primarily acquired on the basis of descent from a Slovak parent, rather than birth in the territory of Slovakia....

) assuming he does not have any other citizenship. The Slovak provision allowing for this grant expired in 1993, however the Czech equivalent remains in the citizenship law.

Naturalisation

Resident foreigners or stateless persons that have for at least five years held a right of permanent residence and have resided in the Czech Republic for most of that time can apply for Czech naturalisation if they can prove they have lost or will lose their original citizenship upon being granted Czech citizenship, are of good character and are proficient in the Czech language

Czech language

Czech is a West Slavic language with about 12 million native speakers; it is the majority language in the Czech Republic and spoken by Czechs worldwide. The language was known as Bohemian in English until the late 19th century...

 (current or former Slovak citizens are exempt from language requirements). Parents can apply for their children under 15 years of age, and naturalisation occurs at the discretion of the Interior Ministry.

The residence requirement can be waived if the person has a permanent residence permit and

• was born on the territory of the Czech Republic, or
• has lived there for at least 10 years continuously, or
• has held Czech citizenship before, or
• was adopted by a Czech citizen, or
• his or her spouse is a Czech citizen, or
• at least one of his or her parents is a Czech citizen, or
• has relocated to the Czech Republic before 31 December 1994 on the invitation of the Czech government, or
• is stateless or has refugee status in the Czech Republic

Loss of citizenship

Involuntary

The involuntary loss of citizenship is constitutionally prohibited. However it is sometimes argued by emigrants and emigrant groups the restrictions on dual citizenship are a form of involuntary deprivation of citizenship.http://groups.google.com.au/group/soc.culture.czecho-slovak/browse_thread/thread/408b34e6208218b4/ef7d113f464d15db?lnk=st&q=czech+dual+citizenship#ef7d113f464d15db http://www.praguepost.com/articles/2006/03/08/few-czech-emigres-reapply-for-citizenship.php

Voluntary (restrictions on dual citizenship)

Czech citizenship can be renounced voluntarily if doing so wouldn't cause one to be stateless, or by gaining the citizenship of another state, (effectively banning dual citizenship) unless it is in connection with a marriage or by birth – the Czech Republic does not require children born with another nationality to renounce it upon reaching maturity.

Waiving the requirements

The Czech Ministry of Interior can waive all citizenship requirements if the person cannot be released from their original citizenship, if the state refuses to issue confirmation of the loss of citizenship, if the loss of foreign citizenship would result in discriminative persecution, or the applicant has resided on the territory of what is today Czech Republic for at least twenty years.

Case studies

• Petr was a Czech citizen who has married an Australian woman, Blanche. After a few years, he successfully applied for Australian citizenship. He is permitted to keep his Czech citizenship as he has gained it in connection with a marriage, becoming a dual national.

• Jana is Petr's daughter. She is twelve years old and she was included in her father's application for citizenship. She lost her Czech citizenship as she has gained her Australian one by her own free will (in this case through her father, who acted on her behalf), and not in connection with a birth or a marriage.

• Bob is a British citizen. He wishes to apply for Czech citizenship, but as the Czech Republic does not allow dual citizenship, he is required to renounce his British citizenship in order to gain the Czech one.

• Paul left Czechoslovakia in 1986 and became a citizen of the United States. His Czechoslovak citizenship was confiscated by communist authorities, however he could reclaim it between 1999 and 2004 due to a special law passed by the Czech parliament (see section Emigrants).

Proof of citizenship

Czech citizenship can be proved by presenting a national identification card (občanský průkaz

Obcanský prukaz

The Czech national identity card is the identity document used in the Czech Republic , in addition to the Czech passport...

), a travel document (such as a Czech passport

Czech passport

The Czech passport is issued to Czech citizens at any age, and is the primary document of international travel issued by the Czech Republic. The passport, along with the national identity card allows for free rights of movement and residence in any of the states of the European Union and European...

), a proof of citizenship document, or a marriage certificate (if citizenship details are included).

External links

• Full amended text of 40/1993 Sb. as of 2005
• Czech Nationality Act 1993
• Ministry of Internal Affairs page on the citizenship law