necessity to keep the procedural guarantees analogous to the asylum procedure.32 .
27. This framework also means that recognition of statelessness in the Czech Republic does
not lead to any status or residence rights. Since January 2019, upon determination of
statelessness, the Ministry of Interior delivers a certificate stating a person’s
statelessness under the 1954 Convention. The decision that confers the person
statelessness status is only declaratory and explicitly states that statelessness
determination does not give a legal right to stay. It informs the person about the
possibility to regularise their residence status.
28. The new Immigration Act provides that a person recognised as stateless will be granted
a tolerated stay visa for one year. The visa is renewable after one year for a long-term
stay for the purpose of tolerated stay on the territory (two years renewable). After five
years in total, the person can apply for permanent residence.33 Stateless persons are
not entitled to any route to protection or regularisation in the Czech Republic on the
grounds of statelessness. They must comply with the same residence requirements and
administrative procedures as foreign nationals, which may be particularly difficult and
contravenes the protective purpose of the 1954 Convention.
29. Stateless people may be able to access some of their rights under the 1954 Convention,
but access is limited. For example, it is possible to apply to join the public health
insurance programme after at least one year on a tolerated stay visa, but this is not
automatic and is accorded on humanitarian grounds at the discretion of the Ministry of
Interior. It is also possible for someone on tolerated stay to make a special request to
obtain a work permit subject to certain criteria set out in the Employment Act. The right
to family reunification is not granted to holders of a tolerated stay visa, but it is possible
for holders of long-term residence. Legally residing foreigners can in some cases access
social services and social security, including housing. A travel document accepted by the
Czech Immigration Police and some other countries can be requested with tolerated
stay, but once the stateless person leaves the Czech Republic their tolerated stay
expires, so they cannot return. A 'foreigner's passport' will be issued to those who have
acquired permanent residence.34
30. The duty to facilitate naturalisation of stateless persons defined in Article 32 of the 1954
Convention is included in the Citizenship Act and is formulated in the same way as in
the case of recognised refugees. At the discretion of the Ministry of Interior, the general
residence requirements of five years may be lifted. Stateless persons may also be
exempted from the requirement that the applicant has not been a “burden on the social
welfare system” in the three years prior to the application. Other conditions for
naturalisation apply to stateless persons, including knowledge of the Czech language,
citizenship test, proof of revenue for the last three years, and absence of criminal
record. The application for naturalisation itself is free but in case of a positive answer,
a fee of 2000 CZK for adults and 500 CZK for minors and refugees applies.35
32
Czech Ombudsman´s Investigation Report of 26. April 2022, Nr.: KVOP-26997/2022
Act on Residence of Foreign Nationals in the Czech Republic no. 326/1999 Sb. “Immigration Act”; Section 33(3) of Act on
Residence of Foreign Nationals in the Czech Republic no. 326/1999 Sb. “Immigration Act”; Section 43 of Act on Residence of
Foreign Nationals in the Czech Republic no. 326/1999 Sb. “Immigration Act”; Section 68.2b) of Act on Residence of Foreign
Nationals in the Czech Republic no. 326/1999 Sb. “Immigration Act”.
34 Section 48, 50(3), 113 and 114 of Act on Residence of Foreign Nationals in the Czech Republic no. 326/1999 Sb. “Immigration
Act”; Section 97 of Czech Employment Act no. 435/2004 (regarding work permit)
35 Sections 5, 13-15 of Czech Citizenship Act;
Act no. 634/2004 on administrative fees, “Zákon č. 634/2004 Sb., o správních poplatcích, ve znění pozdějších předpisů”
33
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