Immigration law

Citizenship: conditions, refusal, security grounds

Five years of permanent residence, an exam in Czech language and civics, a clean criminal record, income, no debts to the state. And one exception: a refusal on security grounds that no court will review.

There is no entitlement to citizenship. Even someone who meets all the conditions receives it by a decision of the Ministry, not automatically. That is the first sentence you will find in every refusal, and it is true. The second truth is that the Ministry must give reasons for its considerations and the courts review them, with a single exception discussed below.

Conditions

Defence

Against a refusal there is a remonstrance (rozklad) to the Minister of the Interior within 15 days, then a court action within two months. The court examines whether the Ministry considered everything you submitted and whether it gave reasons for its conclusions.

The exception: state security

If the Ministry refuses the application on the basis of a classified opinion of the police or an intelligence service that the applicant poses a threat to state security, the decision contains no reasons and is excluded from judicial review. The Constitutional Court has upheld this rule twice, and the Supreme Administrative Court can do nothing but dismiss the action. It is the only place in the whole of administrative law where you do not find out why. The only defence is prevention: a clean residence history, no contacts that could be read the wrong way, and a well-prepared application so that the Ministry has no reason to ask further.

What this rests on

No advice on this page is an opinion. Each one has a section of the law and a court decision behind it. Click through, the full text is on Europaius.

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