The amendment to the Act on the Residence of Foreign Nationals in the Territory of the Czech Republic, which will come into force on July 1, 2023, effects several changes. Below is an overview of the most significant changes.
All the proceedings which had commenced before the Amendment of theAct on the Residence of Foreign Nationals in the Territory of the Czech Republic become effective (i.e. until and including June 30, 2023), will be completed in accordance with the previous wording of the Law.
Overview of the most significant changes from July 1, 2023
Single-entry visa over 90 days – for the purpose of collecting a residence permit (DV/R)
For a holders of Single-entry visa over 90 days – for the purpose of collecting a residence permit (DV/R) is now accepted registering at the Ministry of the Interior office within 30 days.
The obligatory requirements for the application for the issue of Employee’s Cards, are being changed.
The new requirement is for the submission of a document giving the designated number of the accessible working position, from the Central Register of Available Vacancies, which are accessible to the holders of an Employee’s Card.
Such a document can, for example, be a printout provided directly from the Central Register of Available Vancancies.
It must relate to the actual vacancy, which the person is applying for.
It is not necessary to submit such a document, if the designated number of the available vacancy is stated directly in your application for the issue of an employee’s card.
For further information applicable to employers, see the website of the Ministry of Labour and Social Affairs.
The Issuance of Blue Cards
According to the Amendment, a Blue Card application can be submitted by a person who has been granted asylum, a subsidiary protection, a visa for the purpose of seasonal employment in the Czech Republic or a person who is a family member of an EU citizen.
Blue card may be newly issued for a maximum period of 3 years. That applies also to extensions of a Blue card.
Approval of the Ministry of the Interior to a Change of Employer or Work Position
Another change is that a Blue Card holder is no longer obliged to ask for the approval of the Ministry of the Interior, when changing employer or working position.
It also applies to cases, where the Blue Card holder has been staying in the Czech Republic on the basis of the Blue Card for less than 2 years.
Further, all Blue Card holders are obliged only to notify such changes. The notification must be made within 3 days of the change.
A new working position, which a Blue Card holder wants to be employed at, must be continuously
registered in the Central Register of Available Vacancies which may be offered to Blue Card Holders.
The number assigned to such a working position, or to an available vacancy, must be provided in the respective worker’s notification (in the best case, filled in the application form itself, as it is intended for this purpose).
For further information relevant to employers, see the website of the Ministry of Labour and Social Affairs.
Requirements for a Blue Card Application
An application for a Blue Card may be newly lodged also on basis of submission of a Pre-Employment Contract.
A Work Agreement submission remains relevant too.
In both cases, an entry into a 6-months period of employment will be sufficient.
Blue Card Applications Filed in Another EU Member State
If the applicant is a Blue Card holder in another EU Member State, s/he does not need to submit a document
equivalent to an Extract from the Criminal Record of the Czech Republic, issued by the country of his/her origin, or by a country where s/he has been living during the previous 3 years, for a period totalling at least 6 months.
If s/he proves that, before filing the application, s/he had been working on the basis of a Blue Card in the previous 2 years, s/he does not have to submit evidence of a university-level qualification.
Long-term Residence Permit for the Purpose of Family Reunification
An application for this type of long-term residence may, in accordance with the amendment, be filed by:
- a minor child who has a residence permit within the country,
- a child of a spouse of a foreigner, who has a residence permit within the country
(i.e. a person less than 18 years of age),
- a parent, or other close relative in the ascending line of an adult asylum holder, who has applied for international protection while s/he was underaged, within 3 months of the day he or she was granted asylum and
- other foreign nationals according to the Act (§ 42a section 1).
An application can no longer be filed by an adult foreigner, who is not provided for.
Filing an Application for a Permanent Residence
A person staying in the country merely on the basis of an “Interim Visa“, may not apply for a Permanent Residence Permit.
It means, that s/he cannot apply for it during the time that his/her Residence Permit is no longer valid, however it is deemed to be valid until such time as a final decision has been made.
Exemptions are as follows:
- EU citizens and their family members,
- persons applying for a permanent-residence permit for the purpose of living with a parent who has a permanent residence permit (acc. to § 66 section 1, letter d) of the Law).
Expiry of a Long-term Visa and of a Residence Permit granted for the Purpose of Leave to Remain
A long-term visa for the purpose of Leave to Remain will expire, in compliance with the Amendment, no sooner than the day on which its holder leaves the Shengen Area.
A long-term residence permit for the purpose of Leave to Remain will expire, in compliance with the Amendment, no sooner than the day on which its holder leaves the Shengen Area.
Exemptions are as follows:
- long-term visa for the purpose of Leave to Remain connected to the armed conflict in Ukraine (visa code “D/SD/91“)
- long-term residence and long-term visa for the purpose of Leave to Remain granted
under § 33 section 3 of the Law on the Residence of Foreigners to persons, who have been granted the status of stateless persons.
In the foregoing cases, the long-term visa does not expire by leaving the country.
Permanent Residence after an Unsuccessful Proceedings for the Granting of International Protection
Applicants who have not succeeded in the Proceedings to Be Granted International Protection,
cannot acquire a Permanent Residence Permit, by having lived in the country for 4 years.
Applications for visas for stay longer than 90 days, for a long-term residence permit or for a permanent residence permit, filed from outside the Czech Republic
The new requirement for applications filed by a foreign national in a state where s/he has a long-term or permanent residence is, that s/he has been legally residing there for at least 2 continuous years.
Changes in Administrative Fees
There is a reduction in the fee for Applications for the issue of a Residence Permit Card, to replace a harmed, damaged, lost or stolen card, or whose biometric data carrier is not functional.
The new charge for such an application is CZK 2.500.
Persons who are granted asylum or subsidiary protection will be charged CZK 2.000.
Underaged foreigners will be charged CZK 1.000.
Persons, who have been granted asylum or subsidiary protection, will be charged only CZK 500 for filing an application for Residence Permit Card changes.
Foreigners under 15 years of age will be charged the same fee.
Issuance of the first Foreigner’s Passport to a person who has been granted a subsidiary protection will be free of charge.
Administrative Fees are paid through duty stamps.
For an overview of Administrative Fees, see here.