Czech nationality law
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The Czech Republic citizenship law is based on the principles of Jus sanguinis. In other words, descent from a Czech parent is the primary method of acquiring Czech citizenship (together with naturalisation) although birth in the Czech Republic is not generally a basis for acquiring Czech citizenship. Every Czech citizen is also a citizen of the European Union. The law came into effect on the January 1, 1993, the same date as the Czech Republic itself, and has been amended in 1993, 1995, 1996, 1999, 2002, 2003 and 2005. Dual citizenship is restricted under Czech law although there are some exceptions.
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[edit] Citizenship by birth
Jus sanguinis - typical of Continental Europe. 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 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.
[edit] Emigrants
Due to communist regime in 1948-89 hundreds of thousands of Czechoslovakian citizens had emigrated into The West. Authorities had punished them by taking their citizenship away (and by property confiscation and prison sentences). Since the Velvet revolution (1989) many emigrants have tried to obtain the Czechoslovakian and later Czech citizenship back. During 1999 - 2004 a special law allowed them to regain the old citizenship [1], however a minimal amount of people took advantage due to the wording, the law "granted" citizenship rather than "returning" it, and as such didn't allow dual citizenship.
Historical groups of ethnic Czechs living in other countries (post-Soviet states, Romania) get handled on a case by case bases (see more).
[edit] Declaration
If a person was a citizen of the Czech and Slovak Federal Republic as of the 31st of December 1992, he may declare citizenship of either the Czech Republic or Slovakia (gaining Slovak citizenship), assuming he does not have any other citizenship.
[edit] Naturalization
Citizens that have for at least 5 years (10 years until 2005) held a right for permanent residence and have resided in the Czech Republic for most of that time, can apply for Czech naturalization, if they can prove they have or will lose their original citizenship upon being granted Czech citizenship, is of good character and can prove proficiency in the Czech language. Parents can apply for their children under 15 years of age.
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 31st December 1994 based on the invitation of the Czech government, or
- is stateless or has the status of refugee in the Czech Republic
[edit] Loss of citizenship
[edit] Involuntary
The involuntary loss of citizenship is constitutionally prohibited. However it is sometimes argued by emigrants and emigrant groups the restrictions on dual nationality are a form of involuntary deprivation of citizenship.[2] [3]
[edit] Voluntary
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 multiple citizenship) unless it is in connection with a marriage or the birth of a child.
[edit] Waiving the requirements
The Czech Ministry of Interior can waive all citizenship requirements if the person cannot be released from their original citizenship, or if the state refuses to issue confirmation of the loss of citizenship, or if proving the documents of the loss would result in discriminative persecution, or they have resided on the territory of what is today Czech Republic for at least 20 years (doesn't apply for gaining citizenship by declaration)
[edit] Case studies
- Petr was a Czech citizen who has married an Australian woman, Blanche. After the required 2 years he successfully applied for Australian citizenship. He gets to keep his Czech citizenship as he gained it in connection with a marriage, and he gets Australian citizenship, becoming a dual national.
- Jana is Petr's daughter. She is 12 years old and she was included in her father's application for citizenship. She lost her Czech citizenship as she gained her Australian one by her own free will (in this case through her father, who acted for her as a parent), 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 doesn't allow dual citizenship, he has to renounce his British citizenship to gain the Czech one.
- Paul left Czechoslovakia in 1986 and became a citizen of the US. He had his Czechoslovak citizenship confiscated, however he could reclaim it between 1999 and 2004 due to a special law passed by the Czech parliament (s. "Emigrants").
[edit] Proof of citizenship
Czech citizenship can be proved by holding a national ID (občanský průkaz), a travel document (such as a Czech passport), a proof of citizenship document, and a marriage certificate (if citizenship details are included).
