International Protection in Czechia

Foreign nationals seeking to stay in the Czech Republic must comply with the country’s legal requirements. In most cases, this means applying for a visa or residence permit and fulfilling specific conditions, such as proof of sufficient income or financial resources, a valid reason for residence (e.g., study, employment, family reunification), and suitable accommodation.

In general, residence permits are issued only at Czech embassies in an applicant’s country of origin, except in cases where the applicant is already legally residing in the Czech Republic or is an immediate family member of an EU citizen. Additionally, even if you come from a country with a visa-free agreement with the Czech Republic, this does not automatically grant you the right to apply for a residence permit after entering the country.

Entry Without a Visa or Residence Permit

If you enter or remain in the Czech Republic without a visa or residence permit, it is considered a violation of immigration regulations. While this does not lead to imprisonment, it may result in penalties, such as a fine or administrative expulsion.

Administrative expulsion means you could be ordered to leave the Czech Republic (or the EU) and be prohibited from returning for a specific period, typically several years. However, if you are seeking asylum due to persecution or serious harm in your home country, you have the right to apply for international protection, regardless of how you entered the country. You also have the right to appeal an expulsion decision, although in some cases, you may have to wait for the outcome in a detention facility.

Seeking International Protection as an LGBTIQ+ Individual

If you are an LGBTIQ+ individual who has experienced persecution, violence, or discrimination in your home country—or if you fear such persecution—you can apply for international protection in the Czech Republic. The Ministry of the Interior assesses these applications and grants protection in three forms:

• Asylum – granted indefinitely, offering the same legal rights as permanent residence. It is provided if authorities determine that you are at risk of persecution due to your sexual orientation, gender identity, or other protected characteristics (e.g., if same-sex relations are criminalized, authorities persecute LGBTIQ+ individuals, or you face severe violence from your family without state protection).
• Subsidiary Protection – similar to asylum but time-limited (initially granted for one or two years, with the possibility of extension). It is usually provided if you are at risk of war, the death penalty, torture, or inhumane treatment in your home country but do not meet the full criteria for asylum.
• Temporary Protection – a short-term emergency measure granted in response to specific crises. For example, following Russia’s invasion of Ukraine, the Czech Republic introduced Temporary Protection for Ukrainian refugees, allowing them access to residency, healthcare, and employment. However, this is a temporary status subject to change based on government policies.

For more details about the international protection process, visit the UNHCR website in the Czech Republic.

The Dublin Regulation: Which Country Processes Your Application?

The Czech Republic follows the EU’s Dublin Regulation, which determines which EU country is responsible for processing an asylum application. Generally, this is the first country where an asylum seeker entered the EU or first applied for protection.

For example, if you first applied for asylum in Bulgaria, that country will be responsible for assessing your application. You cannot apply for asylum again in another EU country unless specific exceptions apply.

Exceptions include cases where:

• You have close family members legally residing in another EU country.
• You previously held a visa or residence permit issued by another EU country.
• Your residence in another EU country was previously registered—even without the relevant permit.

Applying for International Protection in the Czech Republic

If you decide to seek asylum in the Czech Republic, you will be placed in an asylum center. Currently, the designated facility for asylum applicants is the Immigration Centre in Zastávka u Brna.

What to Expect During the Application Process

• You must remain at the asylum center until all intake procedures are completed, including an initial interview. After this, you may leave the center for short periods, or, if you arrange alternative accommodation, you may move out entirely.
• During intake, your identity will be verified, including fingerprinting to ensure that you are not under an arrest warrant and that you have not already applied for asylum in another EU country.
• You will undergo a medical examination, including tests for infectious diseases. Be open with the medical staff and disclose any past injuries or psychological issues related to past persecution (e.g., insomnia, flashbacks, panic attacks). If you require specific medication (e.g., HIV treatment or hormone replacement therapy for transgender individuals), inform the staff immediately. If you have difficulty communicating, you can use translation apps on your phone.
• Social workers are available at the asylum center to help with your current situation. If you are LGBTIQ+ and have concerns about your safety due to experiences with people from your country of origin, inform the social workers.
• Accommodation arrangements: Due to space constraints, asylum seekers are usually placed in shared rooms based on nationality or language. However, if you feel unsafe or uncomfortable, you should request alternative arrangements. Transgender individuals should always be provided with individual accommodation.

The Asylum Interview

Your interview will be conducted by an official from the Czech Ministry of the Interior, with a translator present for your chosen language.

• You can request a same-sex interviewer, though the Ministry is not obligated to grant this request. Be aware that it may extend your waiting time.
• The interview is crucial, as it documents your experiences of persecution and any risks you may face. Be as detailed as possible, including past incidents such as bullying in school, family rejection, or broader discrimination in your home country.
• If discussing traumatic experiences is difficult, remember that all information is confidential and will not be shared with your home country.

Legal Representation and Support

• You may have a lawyer or an NGO/UN representative present at the interview. While they cannot intervene, they can provide emotional support and help ensure a fair process.
• You have the right to request a different interviewer or translator if you feel disrespected.

Interview Process and Additional Documentation

• The interview will start with basic personal details before moving into deeper questions about your reasons for seeking protection. If you have multiple reasons (e.g., being LGBTIQ+ and part of a persecuted ethnic minority), all will be addressed.
• If you feel unwell or overwhelmed, you can request a break.
• At the end of the interview, review the written protocol carefully before signing. You can request corrections if anything is inaccurate.
• You can also ask for a recording of your interview for reference.

If needed, additional interviews may be conducted later. You can also submit supporting evidence at any time, including photographs, messages, medical reports, or human rights organization statements.

At the end of the process, you will have the opportunity to review all materials gathered by the Ministry of the Interior and submit final comments or evidence before a decision is made.

Rights During the Application Process

While waiting for the decision on your application, you remain in the Czech Republic legally, and deportation is not permitted. You are entitled to healthcare and health insurance, and if you wish, you can stay in an asylum centre where you will receive food and pocket money. However, you cannot leave the Czech Republic, and you are not allowed to work for the first six months. After this period, you can work with a special permit obtained through the Labor Office. You must also regularly report to the asylum centre, even if you no longer live there, to renew the validity of your permit.

If you entered the Czech Republic without visa or another permission, an administrative expulsion process may run concurrently with your application for international protection. This process involves interviews similar to those described earlier, requiring you to provide similar information. The goal is to determine whether it is safe for you to return to your home country. Like in the international protection process, you have the right to present all relevant facts and evidence, and you are entitled to legal representation. However, in this case, the interviews are conducted by police officers. However, you cannot be expelled during the asylum process.

Decision on Your Application

If the Ministry of the Interior concludes that your application for international protection is justified, you will receive a positive decision granting either asylum or subsidiary protection. You will be issued a biometric residence permit, gain unrestricted access to the labor market, and in many respects (e.g., entrepreneurship, health insurance), you will be treated as a foreigner with permanent residence in the Czech Republic. If interested, you may also join the State Integration Program (SIP) or stay in an Integration Asylum Facility. For this purpose, contact the social workers at the asylum facility. The SIP in the Czech Republic provides support including assistance with housing, language courses, and employment integration. Additionally, any deportation orders issued in other proceedings will be annulled upon a positive decision.

If your application is denied, you can appeal to a court for a review of the decision. Even in this case, you will remain in the Czech Republic legally until the court reaches a decision, unless your country of origin is listed as “safe”, it is already your second request, or you did violate some of your important obligations (e.g. you disguised your identity, destroyed your passport, or refused cooperation by getting fingerprints). If that’s the case, you must request the court to grant your appeal a so-called suspensive effect alongside your appeal. Given the complexity of such legal issues, it’s strongly recommended to seek legal representation. Contact information for legal aid is provided in this toolkit.