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Partner or spouse stuck abroad? How to achieve family reunification?

The Government, by its Resolution No 194 of 12 March 2020, declared a state of emergency for the territory of the Czech Republic due to the health threat related to the proven presence of the coronavirus (designated as SARS CoV-2). At the same time, some of the rights were restricted and clients began to address issues that would not have occurred to them at the beginning of the year. These included questions such as: under what conditions can I travel? How can I travel? Who can come?

Partner či partnerka se zasekli v zahraničí? Jak docílit spojení rodiny?
3 minutes of reading

One of the first problems we dealt with was the arrival of a foreigner husband for his Czech citizen wife. The husband works abroad in his home country and normally visits his family on weekends as part of the free movement of the Schengen area. However, he has no residence in the Czech Republic. The wife was dealing with major issues and the urgency of the situation was compounded by the fact that the wife was about to give birth. Can the husband come then? Will he be allowed to enter the Republic at the border? How will he get here? After all, nothing flies? Not even buses?

Yes, the husband could come in for his wife, even though he had no residence in the Republic.

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At present, the measures have been gradually relaxed, but the ban on entry into the Czech Republic is still in force for all foreigners who do not have a temporary stay of more than 90 days or permanent residence in the Czech Republic. At the same time, exceptions are provided for, of which there are a number. One of the exceptions is entry for family members. Who is a family member is defined in detail in the Act on the Residence of Foreigners. Simply and briefly: a family member means my spouse, my child or the other spouse’s child under the age of 21, our parents, grandmothers, great-grandmothers, if they are dependent on us for maintenance, necessary care. But it can also mean my spouse, partner, cohabiting partner.

What kind of document should I prepare?

According to the published information of the Ministry of the Interior, at the border crossing you need to have a valid travel document with you, e.g. passport, visa, a copy of the ID of the Czech or EU citizen I am visiting, birth certificate or marriage certificate, proof of registered partnership.

If it is a grandparent dependent on care, maintenance or partner, then you need to have documents such as a summary medical report on the patient’s condition, a bank statement, or a lease agreement that we live together, etc..

According to information published by the Ministry, entrants are to notify the embassy in advance of the date and method of entry. From a practical point of view, I can’t really imagine how it is traced back to see who of the entrants has given prior notice of entry and who has not, and what happens if I notify everything to the consular office and the notification is not recorded. Alternatively, where is it recorded? It can only be recommended to send the notification to the consular office by email and print this out and keep it with you.

And then how do I practically get into the Republic if nothing flies, a taxi company will not take me across the border and then I cannot use Uber, taxi or public transport in the Republic? I can either ask a relative to come abroad to pick me up, or I can work it out like our client’s husband. Have a taxi service take you to the border, walk across the border, and a family member can pick you up at the border. If I present a negative PCR certificate on entry I don’t even have to go into mandatory quarantine.

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Our team of experienced attorneys will help you solve any legal issue. Within 24 hours we’ll evaluate your situation and suggest a step-by-step solution, including all costs. The price for this proposal is only CZK 690, and this is refunded to you when you order service from us.

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Author of the article

Mgr. Lucie Petránková

Lucie understands the legal profession like few others, and she defends the interests of her clients both inside and outside the courtroom. Lucie has won hundreds of disputes, and her role on our team is to ensure the smooth and effiecient transfer of real properties. She is also experienced in both civil law and family law.

  • Postgraduate studies Charles University in Prague, Faculty of Law, field: medical law,
  • Universita Pantheon d ´Assas Paris II,
  • Law, Charles University in Prague, Faculty of Law

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