Publication date: 
2023/01/03
Ukrainian students who were long-term residents of the Czech Republic for the purpose of studying BEFORE the beginning of the Russian invasion of Ukraine are strongly recommended to extend their existing residence permit by default according to the rules of Act No. 326/1999 Coll., on the Residence of Foreign Nationals in the Czech Republic and on Amendments to Certain Acts, as amended (hereinafter referred to as the “Act on the Residence of Foreign Nationals”).

The Ministry of the Interior of the Czech Republic strongly recommends AGAINST allowing the validity of a long-term residence permit that has been issued to expire, and against applying for a long-term visa for the purpose of toleration due to the security situation in Ukraine.

Although an application for a visa for the purpose of toleration may at first sight appear to be an easier way to obtain a residence permit, in terms of the required documentation or a lower administrative fee, it is an inappropriate, rather uncertain and disadvantageous alternative for the future as regards the certainty of maintaining a long-term residence permit (necessary to complete studies) in the Czech Republic. According to the provisions of paragraph 33, point 1a) of the Act on the Residence of Foreign Nationals, a long-term visa for the purposes of toleration of remaining in the territory may be granted to a foreign national who is prevented by an obstacle from leaving the territory independent of his or her will. The security situation in Ukraine is currently considered such an obstacle, but this can change. After the expiry of a visa for the purpose of toleration of residence, it is not possible to return to the original residence status for the purposes of study!

At the same time, it is not possible to apply for another type of residence permit in the Czech Republic. In such a situation, the only legal route would be to leave the Czech Republic and to submit an application at an embassy of the Czech Republic in Ukraine for a new residence permit for the purpose of studying. By their ill-considered choice of the type of residence permit, students would find themselves in a difficult situation in which they would not be able to remain in the Czech Republic and complete their studies.

Thus, students who were resident in the Czech Republic before the Russian  invasion or who have a different type of residence permit than a visa for the purpose of toleration are not covered by Act No. 65/2022 Coll., on Certain Measures in Connection with Armed Conflict on the Territory of Ukraine Caused by the Invasion of the Troops of the Russian Federation, (the so-called Lex Ukraina), defining the conditions of temporary protection, but falling under the Act on the Residence of Foreign Nationals,  which is valid for all foreigners equally.

Further information on visas for the purpose of study is available on the website of the Ministry of the Interior:

Visa for stays over 90 days (long-term) - Ministry of the Interior of the Czech Republic (mvcr.cz)

Information for schools and students - Ministry of the Interior of the Czech Republic (mvcr.cz)