Czech Republic: Information for stateless people and those at risk of statelessness fleeing Ukraine
The Czech Republic does not have a dedicated statelessness determination procedure. The relevant legislation
was amended in 2021 and statelessness determination is now covered by the Immigration Act. The authorities
may determine statelessness, but the amended Immigration Act is vague and the new procedure is unclear.
There are no provisions to regulate the status of stateless applicants, nor procedural safeguards, and the right
to remain on the territory is not guaranteed. Decisions should be made within six months, which can be
prolonged for another six months if the case is complex. If the person is determined to be stateless, they are
granted a renewable tolerated stay visa for one year, which is a very limited protection status. Since 2019,
successful applicants have been issued a certificate stating their statelessness under the 1954 Convention.
However, it is not yet clear how the recent legislative amendments will be implemented in practice. The most
recent jurisprudence and the Czech Ombudsperson reiterate that, even after the amendments to the law in
2021, applicants for statelessness determination must have procedural guarantees analogous to asylum
seekers (including identity documents). Stateless persons may also regularise their stay by applying for
temporary or international protection (see above). Depending on the situation, they may be able to apply for
another type of residence permit, although a lack of travel or identity documents can be an obstacle.
Stateless persons are strongly advised to seek expert legal advice on their rights in the Czech Republic (e.g.,
from OPU – contact details below). For more information, see ENS Statelessness Index Czech Republic.
4. REQUIREMENTS FOR ONWARD TRAVEL TO THIRD COUNTRIES
Applicants for international protection (asylum status or subsidiary protection) cannot leave the Czech
Republic until a decision is made on their application. Beneficiaries of temporary protection may travel to
other EU Member States for 90 days within a 180-day period and may travel to non-EU countries based on the
requirements of third countries.
5. OTHER RELEVANT INFORMATION
There are reports of discrimination against Romani people from Ukraine in accessing housing or obtaining
temporary protection, as well as discrimination against non-Ukrainian nationals who lived in Ukraine, such as
students from West Africa. In particular, Romani families have reported discrimination at the KACPU centre in
Prague: some families were refused entry to the centre and returned to Prague Railway Station or travelled
on to other countries. Some were initially allowed to enter the KACPU centre, but they had to undergo
additional screening even when they had travel documents, and the authorities tried to prevent them from
proceeding with their temporary protection registration, claiming either that they were Hungarian nationals
or that they needed to provide proof of housing in the Czech Republic. In some cases, Romani people have
been granted three-day exit visas.
6. ORGANISATIONS ASSISTING STATELESS PEOPLE
Organization for Aid to Refugees (OPU)
https://www.opu.cz/en/
+42 073 015 8779, +42 073 941 3983
opu@opu.cz , pravni@opu.cz
Hotline for those fleeing Ukraine:
+420 228 229 942
Contact information for various offices across Czech
Republic can be found HERE.
Association for Integration and Migration (SIMI)
http://www.migrace.com/
+42 022 422 4379
poradna@refug.cz
UNHCR https://help.unhcr.org/czech/
+420 776 437 775
czepr@unhcr.org
Forum for Human Rights
https://forumhr.eu/
forum@forumhr.eu