Published: 10 April 2025 | Author: DMPF Consulting
Bridging period between visas: When one ends and the other is not yet granted
Between the expiration of one visa and the issuance of another, there may be a period that is not only legally complex but also highly sensitive in terms of legal residence, employment, or travel. This so-called bridging period is governed by the provision on the fiction of stay.
The public often lacks clear information about it, and even a small mistake in submitting an application can lead to the loss of legal residence, issues with an employer, or even a ban on entering the Schengen Area.
1. What is the bridging period and when does it occur?
The bridging period occurs when:
- your visa or long-term residence permit is expiring,
- you have submitted a new application on time (e.g. for visa extension or change of purpose),
- but the new decision has not yet been issued.
In this case, the so-called fiction of stay on the territory comes into effect, as defined by Section 47, paragraphs 1 and 2 of the Foreigners' Residence Act.
2. Fiction of stay: What does it exactly mean?
If the application for a new type of residence or extension is submitted on time, in person, and complete, the so-called fiction of stay on the territory occurs. In practice, this means that:
🟢 You can stay legally in the Czech Republic until the decision of the Ministry of the Interior.
🔴 However, you should reconsider traveling abroad. Once you leave, the fiction ends, and returning to the Czech Republic will not be possible without a new visa.
Employment during the fiction of stay is governed by the type of residence you have applied for – for example, if you are extending an employee card, you can continue working.
3. Key conditions for protecting residence
In order for your stay to be truly protected, you must:
✅ Submit the application no later than the last day of validity of your current visa/residence, ideally earlier than 90 days before its expiration.
✅ Sign the application in person at the relevant office of the Ministry of the Interior.
✅ Have all required documents – even a small deficiency can lead to the rejection of the application, which will cancel the fiction.
✅ Keep the confirmation of application submission – the original with a stamp and signature, which will prove your residence status.
4. What can go wrong?
❌ Incomplete or poorly prepared application – result? You lose the fiction, and your stay becomes illegal.
❌ Leaving the Czech Republic during the fiction – even a short trip to Vienna may result in a ban on re-entry.
❌ Employer doesn't know you're in fiction – they may dismiss you or refuse to pay your salary.
5. It’s better to entrust it to professionals
At first glance, the process may seem simple. However, it is actually a combination of legal knowledge, administrative practice, and very precise timing. And that is why we recommend entrusting these steps to professionals.
📌 DMPF Consulting offers:
- Preliminary analysis of your situation.
- Preparation and review of the application before submission.
- Personal accompaniment to the office or preparation for the meeting.
- Information for the employer (e.g., a letter regarding the "fiction" status).
- Ongoing monitoring of deadlines to ensure nothing is missed.
In conclusion: Let the stress be ours.
The fiction of stay is a legal tool that can protect you – but only if you know how to handle it. Show the authorities that you mean business and have everything in order. With us, it’s easier.
➡️ Do you want to be sure you're doing everything correctly?
Contact DMPF Consulting and avoid mistakes that could cost time, money – and your stay in the Czech Republic.
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