This chapter defines habitual residence (faktické bydliště) and its significance for social security in the Czech Republic. Habitual residence is the decisive element in determining eligibility for social security benefits that are not linked to insurance. This term is given priority to official permanent residence (trvalý pobyt). A person who has habitual residence in another country, i.e. where they actually live, may hold permanent residence in the Czech Republic.

You will learn how fulfilment of conditions of habitual residence is evaluated and the benefits this entails.

Do I have habitual residence in the Czech Republic?

EU nationals living in another Member State have the same social security rights as that Member State's nationals as defined in the coordination regulations of the European Parliament and the Council. Access to some benefits cannot be encumbered with the condition of citizenship or permanent residence.

The principle of habitual residence is applied to determine if a person actually lives in the Czech Republic. This is not the same as permanent residence or the rental or ownership of property in the Czech Republic.

Habitual residence is understood as a situation where the Czech Republic is the centre of interest for an individual or his/her family. Some connection to the Czech Republic is assumed, for instance the person has lived in the country for some period of time; has family in the country; their employment situation; has interests in the country or intends to live in the Czech Republic in the long term.

Habitual residence is evaluated by the staff in the institutions responsible for determining eligibility for specific benefits. Labour Office (Úřad práce) contact points, health insurance companies (zdravotní pojišťovny) and the Czech Social Security Administration (Česká správa sociálního zabezpečení) decide in most cases.

They consider multiple factors, for instance if the applicant:

• is employed, does business or studies in the Czech Republic;
• resides in the Czech Republic, either through rental or private ownership of property;
• is registered in the pension and health insurance system;
• their children attend school or a pre-school facility;
• is registered with a general practitioner, gynaecologist, dentist or paediatrician;
• has opened a bank account;
• participates in other hobbies.

Not all of these conditions must be met in granting habitual residence. They are evaluated as a whole.

A person with habitual residence in the Czech Republic can apply for the following benefits and services if they meet the relevant conditions set in the Czech legislation:

• care allowance;
• unemployment benefit (or inclusion in jobseeker register);
• healthcare;
• compensation for damages incurred by an accident at work;
• assistance in material need (living allowance, housing supplement and extraordinary immediate assistance);
• benefits from the State social support system (child allowance, parental allowance, housing allowance, funeral grant and birth grant);
• foster care benefits (foster parent allowance, fostering grant, foster child allowance, motor vehicle grant, allowance at the end of foster care);
• benefits for persons with disabilities (mobility allowance, special aid allowance, identification card for persons with disabilities).

The period such person was insured in other Member States is considered if Czech laws require a minimum duration of insurance contributions.

Know your rights

These links do not lead to European Commission websites and do not represent the views of the European Commission:

• Guide for migrating persons (Příručka pro migrující osoby) (in Czech);
• Overview of documents for migration in the European Union (Přehled dokumentů pro migraci v rámci Evropské unie) (in Czech).

European Commission publications and websites:

• http://ec.europa.eu/social/main.jsp?catId=849&langId=en

Useful contacts

Czech Social Security Administration (Česká správa sociálního zabezpečení)
Křížová 25
225 08 Prague 5
CZECH REPUBLIC
Call centre: +420 257066077

Czech Social Security Administration client centre for pension information (Klientské centrum ČSSZ pro informace o důchodech) (in Czech)

List of Czech Social Security Administration offices

Labour Office of the Czech Republic (Úřad práce České republiky)
Contact counselling centre:
Tel. +420 844844803
kontaktni.centrum@mpsv.cz, callcentrum@mpsv.cz

List of the Labour Office's regional offices and contact points (in Czech): https://www.uradprace.cz/web/cz/kontakty-2

SOLVIT centre for the Czech Republic (resolves problems concerning the incorrect application of European law)
Ministry of Industry and Trade (Ministerstvo průmyslu a obchodu)
Na Františku 32
110 15 Prague 1
CZECH REPUBLIC
Tel. +420 224 221 701
Email: mailto:solvit@mpo.cz   
http://ec.europa.eu/solvit/index_cs.htm