Breakup with an EU citizen does not necessarily mean the end of residence

Let us imagine the following situation: Samir from India (a non-EU national) lives in the Czech Republic with his partner Lenka, who is a Czech citizen. Samir and Lenka are not married. Samir resides in the country on the basis of temporary residence as a family member of an EU citizen. However, the couple breaks up — an unpleasant life situation, but for Samir also a legal complication.

However, a breakup does not automatically mean the end of residence in the Czech Republic.

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What must Samir do first?

Samir is obliged to inform the Ministry of the Interior without undue delay that the relationship has ended. Based on this, the Ministry will initiate proceedings and decide on the termination of his temporary residence.

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The 60-day period is crucial

At the same time as the decision on termination, the Ministry of the Interior sets a 60-day period during which Samir must leave the territory of the Czech Republic.

This period is key, because during these 60 days Samir may apply for a residence permit for another purpose. The most common (but not the only) scenarios include:

• an employee card / EU Blue Card if he is employed;
• a residence permit for the purpose of studies if he is studying;
• permanent residence if he meets the condition of 5 years of continuous residence in the territory.

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And that’s not all

If Samir successfully submits an application for a residence permit for another purpose in the Czech Republic, his temporary residence permit remains valid until he collects the new residence permit.

This means that during this time he can continue to stay in the Czech Republic and still has free access to the labour market.

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Specific cases

There are also specific situations where residence is not terminated at all. These typically include cases involving the care of a dependent child or situations of domestic violence.

Slightly different rules apply to married couples.

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