Sunday, September 4, 2022

Czech Republic Work Permit

 Are you a non-EU citizen wishing to be an employed worker in the Czech Republic? You can find information below on the conditions to fulfil and procedures to follow, as well as the rights you can enjoy during your stay.


To become an employed worker in the territory of the Czech Republic, you must obtain the Employee Card. The Employee Card is a type of a long-term residence permit that entitles its holder to reside in the territory of the Czech Republic for more than three months and, concurrently, to work on the job position that the Employee Card is issued for.

Furthermore, it is possible to become an employed worker by gaining the Special Work Visa that is a special type of a visa for a stay of over 90 days (a long-term visa) which authorises its holder to stay and to be employed in the territory of the Czech Republic for a period no longer than one year. An issuing of this visa is enabled based on the regulation of the Government of the Czech Republic only according to the special conditions stated by the Law.

Last but not least, if you want to stay in the territory of the Czech Republic for the purpose of employment for a period no longer than 90 days, you are entitled to apply for the visa for a stay up to 90 days (a short-term visa) for the purpose of employment. Whilst the first two types of residence permits mentioned above are issued by the Ministry of the Interior of the Czech Republic, the third one belongs under the competence of the Ministry of Foreign Affairs of the Czech Republic.

The application for an issuing of the Employee Card has to be lodged in person at the Embassy of the Czech RepublicSearch for available translations of the preceding linkEN••• abroad. A third-country national is entitled to lodge the application at the Embassy of the Czech Republic in the state of which he/she is a citizen, or that issued his/her travel document or in the state where a third-country national has a long-term or permanent residence permit. Compliance with this condition is waived for a third-country national who is a citizen of a state that belongs to the list of countries whose citizens are entitled to file the application at any Embassy of the Czech Republic abroad.

A third-country national who is already residing in the territory of the Czech Republic based on a long-term visa or a long-term residence permit for another purpose (i.e. different than employment) is entitled the lodge the application at the office of the Ministry of the Interior in the territory of the Czech Republic. In that case, he/she is entitled to lodge the application until the very end of validity of such residence permit.

The application for the Employee Card has to be filled in an official form where has to be stated the number of the job vacancy according to the Central Register of Job Vacancies that can be Filled by Holders of Employee Cards. This register works on the employment portal of the Ministry of Labour and Social Affairs of the Czech Republic.

Submission of the application for the Employee Card is charged with the administrative fee. As far as the applications submitted at the Embassy are concerned the administrative fee is equal to 5 000 CZK. Administrative fee should be paid generally in the foreign currency. In case of the application lodged in the territory of the Czech Republic administrative fee is equal to 2 500 CZK. The administrative fee has to be paid in the form of a revenue stamp(s) in that case.

Applying for the Special Work Visa

The application for issuing the Special Work Visa has to be lodged in person at the Embassy of the Czech RepublicSearch for available translations of the preceding linkEN••• abroad, provided that a government regulation was issued which allows a lodging of the applications. It is not possible to lodge this application in the territory of the Czech Republic anyway. The application has to be filled in an official form. Lodging the application for issuing the visa is charged with the administrative fee that is equal to 2 500 CZK.

To obtain the Employee Card, a third-country national must submit:

a valid travel document;

a document confirming availability of accommodation;

a photograph showing the current appearance of the applicant;

a contract of employment or an agreement of work activity;

documents proving the professional qualifications for performance of the desired job, if this condition follows from the nature of the employment or an internal agreement sets such a condition;

if required, an extract from the Penal Registry record and a document proving that he/she fulfilled the conditions set out by the interim measures of the Ministry of Health of the Czech Republic on the prevention of the spread of infectious diseases.

In case an employer of the applicant is a job agency and the applicant will be temporarily allocated by this job agency to another employer, it is necessary to submit also a document in which there will be stated his/her name, surname, citizenship, birthdate, birthplace and place of stay. There must be stated a kind of work that the applicant should do, place of work, the name of the employer and its registered office in this document as well.

To obtain the Special Work Visa a third-country national must submit:

a valid travel document;

a document on availability of accommodation;

a photograph showing the current appearance of the applicant;

a decision to permit employment, issued by the Public Employment Service of the Czech Republic pursuant to the Employment Act;

if required, an extract from the Penal Registry record and a document proving that he/she fulfilled the conditions set out by the interim measures of the Ministry of Health of the Czech Republic on the prevention of the spread of infectious diseases.

Further requirements

Originals or else officially authenticated copies of all of the attached documents must be submitted. Travel documents must be submitted in original. All submitted documents in foreign languages must be submitted in their original version and with an officially certified translation into the Czech language. The required attachments to the applications must not be older than 180 days, except for the travel documents and the photograph of the third-country national, provided that corresponds to his/her current appearance.

If a third-country national has applied for the Employee Card abroad and his/her application has been approved, the appropriate Embassy of the Czech Republic abroad will issue a visa for a stay of over 90 days for the purpose of collecting the Employee Card (D/VR) to his/her travel document. Similarly, if a third-country national has applied for the Special Work Visa and his/her application has been approved, the appropriate Embassy will issue a visa sticker.

Before a D/VR or a visa sticker issuing, a third-country national is required to present a medical travel insurance document and, upon request, proof of payment of the insurance premium. The applicant must present this document to the Embassy directly. Medical travel insurance must only be valid for the period from the date of entry into the territory of the Czech Republic until the time when public health insurance coverage will apply to him or her, pursuant to the Public Health Insurance Act - i.e. from the date on which the visa was issued until the start of employment.

Upon arrival in the Czech Republic, a third-country national whom will be issued D/VR has to visit an appropriate office of the Ministry of the Interior to provide biometric data that are necessary for production of his/her Employee Card. He/she will receive the “Certificate on Compliance with Conditions for Issue of an Employee Card” at the office of the Ministry. With this certificate, the applicant can be hired for employment and be employed from the date of issue of the certificate until the date of completion of the proceedings on the application (issuing of the biometric card).

Duration of validity of permits

The Employee Card is usually issued for the duration of the employment but not for more than 2 years, with an option to repeatedly extend its validity. For a job performed on an employment permit, the Employee Card may be issued to a third-country national for the validity of the employment permit.

The Special Work Visa can be issued with the validity not longer than one year.

Conditions for renewal

The validity of the Employee Card can be repeatedly extended, provided principally that the same conditions applicable to the issue of an employee card are met, and can be extended for the period for which

a contract of employment or an agreement of work activity has been entered into but not for more than 2 years. The application for

an extension of the validity of the Employee Card has to be lodged in the territory of the Czech Republic at the office of the Ministry of the Interior. A third-country citizen is entitled to lodge this application before the expiration of the validity of the previous Employee Card at the latest, but not sooner than 120 days before the expiration of its validity.

The validity of the Special Work Visa cannot be extended anyway.

Appeals

A third-country national can appeal a refusal to issue the Employee Card by requesting that the Ministry of the Interior reassess his/her application within 15 days of the original decision being delivered to him/her.

A special Commission at the Ministry of the Interior will examine and make a decision about the request.

Change of employment

A third-country national who resides in the territory of the Czech Republic based on the Employee Card is obliged to notify to the Department of Asylum and Migration Policy of the Ministry of the Interior a change of employer, change of the job or the situation he/she wants to be employed on additional job position at the same employer or additional employer.

All these changes (change of employer, change of the job, taking up employment in an additional job at the same employer or at another employer) must be notified at the office of the Ministry and

a notification has to be submitted on a special form.

Detailed information about a notification of these changes

Unemployment

In case a labour-law relation of a third-country national who is a holder of the Employee Card in the territory of the Czech Republic will be ended or revoked, a third-country national is entitled to find a new employer and to notify a change of his/her employer. If the change is notified after the end of the original labour-law relation, a notification must be submitted at the latest 60 days from the end of the relation. Otherwise, the validity of the Employee Card will be terminated according to the Law. A holder of the Employee Card who has a free access to the Labour Market has to notify the change at the latest 3 working days from the day of change.

In case a labour-law relation of a third-country national who is a holder of the Special Work Visa will be ended or revoked, a third-country national will not be entitled to change the employer and he/she will not be entitled to lodge any application for another residence permit in the territory of the Czech Republic.

Change of status

A third-country national who is a holder of a long-term residence permit in the territory of the Czech Republic (incl.the Employee Card) who intends to reside in the territory for another purpose than the one that he/she was granted the permit is obliged to apply to the Ministry of the Interior for a new long-term residence permit. If he/she intends to stay in the territory of the Czech Republic for the purpose of business (i.e. if

a third-country national intends to became a self-worker), it is possible to lodge the application if he/she has been living in the territory for longer than 5 years.

Detailed information about the change of the purpose of residence

A third-country national who is a holder of the Special Work Visa is not entitled to change the status of his/her residence in the territory of the Czech Republic.

Family members

Family members of a third-country national who is a holder of the Employee Card are entitled to apply to the Ministry of the Interior of the Czech Republic for issuing a long-term residence permit for the purpose of family reunification. If family members have not resided in the territory of the Czech Republic yet, the application must be lodged at the Embassy of the Czech Republic abroad. Family members who are entitled to lodge this application are specified by the Law.

Detailed information about a long-term residence permit for the purpose of family reunification

Family members of a third-country national who is a holder of the Employee Card or of the Special Work Visa are entitled to apply for a visa for a stay of over 90 days (a long-term visa) for the purpose of family as well. This application has to be lodged at the Embassy of the Czech Republic abroad.

Detailed information about a long-term visa for the purpose of family

Long-term residence status

The status of a long-term EU resident may be granted after five years of continuous residence in the Czech Republic, provided that a third-country national has not seriously disturbed public order or threatened public security in any Member State of the European Union. This status is generally granted simultaneously with a permanent residence permit, but may be granted at a later stage as well.

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