Acquiring citizenship by declaration – as of January 1, 2014, former citizens of the Czech Republic and their descendants.
06.02.2024 / 16:45 | Aktualizováno: 28.02.2024 / 22:00
This article will briefly describe several ways how to acquire Czech citizenship by declaration as outlined in the Citizenship Act No. 186/2013 Coll. and Act No. 2017/2019 Sb. These situations can apply to former Czech citizens and persons who live or were born in Canada or elsewhere in the world of which at least one of their parents or grandparents is a current or a former citizen.
If unsure which type of declaration to submit, please contact us.
The appropriate regional authority for accepting a declaration is determined by the last place of residence in the Czech Republic. If a declarer never resided in the Czech Republic, the declarations are accepted by the Municipal Office in Prague 1.
In Canada it is possible to submit a declaration with the Consulate General which will then, in the term of 30 days, forward the declaration with the accompanying documents to the appropriate regional authority.
The Consulate General does not make decisions about the outcome of the declaration.
The appropriate regional office in the Czech Republic will verify that the declarer meets the conditions to become a citizen of the Czech Republic by declaration and issue a citizenship declaration document (Listina o nabytí státního občanství České republiky). If the conditions are not met, the office will rule that the declarer cannot acquire Czech citizenship by declaration.
The declarer officially becomes a Czech Republic citizen as of the day the citizenship document is accepted in person at the Consulate.
Once the document has been accepted, the declarer is able to take further steps such as register his birth, marriage in the Czech Republic and consequently apply for a Czech passport.
General steps to follow:
- Please ensure that you fall into the category of former citizens- i.e. you or your parents or grandparents have lost their Czechoslovak/Czech citizenship. Pursuant to Section 31, Paragraph 1, a person who has lost Czech or Czechoslovak citizenship before the effective date of this Act (January 1, 2014) may acquire Citizenship of the Czech Republic (hereinafter referred to as the “Declaration”), unless he/she lost Czechoslovak citizenship under any of the following conditions:
- On the basis of the Constitutional Decree of the President of the Republic on the regulation of Czechoslovak citizenship of persons of German or Hungarian nationality.
- On the basis of the agreement between the Czechoslovak Republic and the Union of Soviet Socialist Republics on Transcarpathian Ukraine.
- He/she is not a Czechoslovak citizen who became or would become a citizen of the Slovak Socialist Republic on January 1, 1969.
- After January 1, 1969 he/she acquired citizenship of the Slovak Socialist Republic or the Slovak Republic, and still holds that citizenship.
A typical document is a foreign citizenship naturalization document issued between Jan 1,1993 -Dec 31,2013 (in case of Canada this would be Certificate of Canadian Citizenship or Commemoration of Canadian Citizenship) or Document proving that the holder was removed form the registry of citizens of the CSR (Listina o vyjmutí ze státního svazku ČSR) typically issued before 1989)
- The application is submitted in person during an appointment that has been arranged beforehand by e-mailing: toronto.appointment(at)mzv.gov.cz
Under the age of 15 - applications are submitted by a parent or a legal guardian. BOTH parents must be present at the Consulate for the declaration
Over the age of 15 up to age of 18 - BOTH parents as well as the minor must be present at the Consulate for the declaration
Over the age of 18 - applications are submitted by applicants themselves
- There is no time limit to submit the declaration
- If applications are mailed, the declaration MUST be submitted and the signature verified by the Honorary Czech Republic Consulate in your area. PLEASE NOTE, if you are submitting a photocopy of a Czech passport or “občanský průkaz”, the holder must date and sign the copy and include a written acknowledgment that the ID has been photocopied for the purpose of the application: "Souhlasím s pořízením kopie mého dokladu”.
- Submitted documents must be originals. Photocopies will not be accepted.
- If submitting official documents such as birth, marriage or death certificates that are not issued in the Czech Republic (Czechoslovakia), they must be submitted as originals, with appropriate legalizations (in the case of Canadian documents, they must be affixed with an Apostille) and accompanied by a professional translation into Czech language.
- If submitting a Canadian citizenship certificate, it must be submitted as original, affixed with an Apostille and accompanied by translation into Czech language. Only submitting a citizenship card is NOT sufficient.
- Application forms must be filled out correctly, legibly, in Czech language and nothing is to be omitted.
Leaving items blank delays the processing and may result in the application being returned. If there is an item that is not applicable to your situation, it must be indicated on the form.
Dates are to be written in the format Day/Month/Year
- A consular officer will review the form and may be able to answer your questions but is unable to fill the forms out for you.
- The declaration is subject to a fee according to item 159b) of the list of consular fees.
§ 31
Declaration according to § 31 section 1 and 2– former Czech or Czechoslovak citizens
The declarant shall submit the following:
- Completed Declaration according to § 31 section 1, 2 (Prohlášení o nabytí státního občanství České republiky podle § 31 odst. 1, 2)
- original birth certificate;
- original marriage certificate, domestic partnership certificate, divorce decree, proof of dissolution of the partnership, or death certificate of a deceased spouse or partner - see information above about requirements for documents that were not issued in the Czech Republic
- declarant’s Czech parent’s/parents’ original birth certificate(s), marriage certificate(s), divorce decree, or death certificate(s); - if necessary for making the declaration
- declarant’s Czech grandparent’s/grandparents’ original birth certificate(s), marriage certificate(s), divorce decree, or death certificate(s); - if necessary for making the declaration
- a document that certifies the date and the basis on which the declarant ceased to be Czech/Czechoslovak citizen(s) (e.g. original Canadian citizenship certificate, original Czechoslovak Listina/Osvědčení o propuštění ze státního svazku);
- an original valid picture ID
- a completed declaration of non-acquisition of citizenship of the Slovak Republic – (Prohlášení o Slovenském občanství)
- a completed declarant’s personal data form (Osobní údaje).
§ 31
Declaration according to § 31 section 3– a child of former Czech or Czechoslovak citizens – adult
On September 6, 2019 Act No. 207/2019 Coll., which amends the provisions of Section 31 of the Act on the Citizenship of the Czech Republic, became effective. This amendment allows to broaden the category of persons with Czech/Czechoslovak heritage able to obtain citizenship of the Czech Republic by declaration – a person whose at least one parent or grandparent is or was a former citizen as defined in secton 1, unless such person is a citizen of the Slovak Republic as of the date of the declaration, may now obtain the Czech Republic citizenship by declaration
The declarant shall submit the following:
- Completed Declaration according to § 31 section 3 (prohlášení o nabytí státního občanství České republiky podle § 31 odst. 3)
- original birth certificate - see information above about requirements for documents that were not issued in the Czech Republic
- original marriage certificate, domestic partnership certificate, divorce decree, proof of dissolution of the partnership, or death certificate of a deceased spouse or partner see information above about requirements for documents that were not issued in the Czech Republic
- declarant’s Czech parent’s/parents’ original birth certificate(s), marriage certificate(s), divorce decree, or death certificate(s); - if necessary for making the declaration
- declarant’s Czech grandparent’s/grandparents’ original birth certificate(s), marriage certificate(s), divorce decree, or death certificate(s); - if necessary for making the declaration
- a document that certifies the date and the basis on which declarant’s parents or grandparents ceased to be Czech/Czechoslovak citizen(s) (e.g. original Canadian citizenship certificate, original Czechoslovak Listina/Osvědčení o propuštění ze státního svazku);
- an original valid picture ID
- a completed declaration of non-acquisition of citizenship of the Slovak Republic - (Prohlášení o Slovenském občanství);
- a completed declarant’s personal data form (Osobni údaje).
Declaration according to § 31 section 5– a child of former Czech or Czechoslovak citizens
For minors, parents may submit a citizenship declartion according § 31 section 5.
The declarant‘s – parents or legal guardians shall submit the following:
- completed Declaration according to § 31 section 5 (prohlášení o nabytí státního občanství České republiky podle § 31 odst. 5)
- original birth certificate see information above about requirements for documents that were not issued in the Czech Republic
- original marriage certificate, domestic partnership certificate, divorce decree, proof of dissolution of the partnership, or death certificate of a deceased spouse or partner see information above about requirements for documents that were not issued in the Czech Republic
- declarant’s Czech parent’s/parents’ original birth certificate(s), marriage certificate(s), divorce decree, or death certificate(s); - if necessary for making the declaration
- declarant’s Czech grandparent’s/grandparents’ original birth certificate(s), marriage certificate(s), divorce decree, or death certificate(s); - if necessary for making the declaration
- a document that certifies the date and the basis on which declarant’s parents or grandparents ceased to be Czech/Czechoslovak citizen(s) (e.g. original Canadian citizenship certificate, original Czechoslovak Listina/Osvědčení o propuštění ze státního svazku);
- valid picture ID of both parents
- child’s birth certificate – see information above about requirements for documents that were not issued in the Czech Republic
- other parent’s written consent to obtaining citizenship by declaration – the other parent must attend the appointment with a picture ID to sign the consent. The exception to the consent requirement is when the other parent has lost or was stripped of his/her parenting responsibility, his /her whereabouts in the Czech Republic are unknown or is deceased.
- children older than 15 must sign their own consent to obtaining the citizenship – the child must attend the appointment with a picture ID
Declaration according to § 32 Czechoslovak citizens with undetermined republic citizenship
A person who was a citizen of the Czech and Slovak Federative Republic as of December 31, 1992 but was neither a citizen of the Czech Republic nor Slovak Republic can submit Declaration of the Czech citizenship according to § 32. A person who is a Slovak citizen as of the date of the declaration cannot submit this Declaration.
Persons who are direct descendants of the above can also submit declaration of Czech citizenship unless they are Czech or Slovak citizens.
The declarant shall submit the following:
- Completed Declaration according to § 32 (prohlášení o nabytí státního občanství České republiky podle § 32)
- original birth certificate;
- original marriage certificate, domestic partnership certificate, divorce decree, proof of dissolution of the partnership, or death certificate of a deceased spouse or partner;
- proof that the declarant is not a citizen of Slovak Republic
- a completed declarant’s personal data form – Osobni udaje.
- valid picture ID
Children can be included in the declaration or an independent declaration can be submitted.
The other parent of the child must attend the appointment with a picture ID to sign the consent to obtaining the Citizenship. The exception to the consent requirement is when the other parent has lost or was stripped of his/her parenting responsibility, his /her whereabouts in the Czech Republic are unknown or is deceased.
If the child is older that 15 years old, his written consent is required as well – the child must attend the Consulate to sign the consent.
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