I am a third-country national with permanent residence in the Czech Republic based on partnership with a Czech national (we are not married and not "registered"). In March, I applied for EU long-term resident status. However, the process was paused until I provided my tax returns for 2019, which only happened at the end of June 2020. My application is still "in process" according to the Interior Ministry website.

However, my partner got a job in Germany and we moved here in the middle of July. I registered my address. I am self-employed, and my company is still based in the Czech Republic. Thus, the 90-day clock started.

What happens if the Czech ministry still hasn't approved my EU residence at the end of the 90 days (i.e. middle of October)? Can/should I apply for a temporary visa from the German Embassy in Prague? Or can I do that in Germany?

Any advice would be greatly appreciated.

(Thanks again to @Relaxed, who provided such detailed info earlier in the year.)

  • 3
    If you moved to Germany, your application in the Czech Republic is irrelevant. Continuing your activity from Germany under the 90-day short-stay rule is legally questionable and would not be permitted either under a Czech residence permit. The fact your are doing this through a Czech-based business doesn't make a difference as far as German immigration law is concerned and doesn't exempt you from German tax and labour law requirements. You could notify the Czech authorities of the change or let the application slip but should urgently look into your position with respect to German law.
    – Relaxed
    Sep 11 '20 at 11:31
  • 3
    You need a German residence permit. You have certain rights to acquire a German residence permit more easily if you have Czech long-term residence, but you can't live in Germany with the Czech long-term residence permit, and I found that you could get a German residence permit without the Czech long-term residence permit in hand. In short, you should probably move back until you get the Czech permit and then go to Germany.
    – phoog
    Sep 11 '20 at 22:08
  • After you will get a EU permanent residence in Chech Republic, you may exchange it to the Germany one: service.berlin.de/dienstleistung/325475/en. However, then I'm not sure if you won't lose the residence right for Czech Republic. Please double-check it. Also, maybe you can try to get Czech citizenship first or get one more permanent residence permit in Czech Republic, similar to Germany: expatriates.stackexchange.com/a/21101/13223 (I do not have any idea about Chezh laws and types of permanent residence permits there) Sep 16 '20 at 12:57

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