Czech Republic: New Law Amends Rules for Intracompany Transferees, Seasonal Workers and Other Workers

A new law affecting intracompany transferees, seasonal workers, non-EU permanent residents and company representatives, among other categories of foreign nationals, became effective August 15, 2017. Generally, the law expands the reasons for denial of an Employee Card, increases residency requirements for Business Residency Permit eligibility and imposes stricter documentary requirements for immigration applications.

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Aug 23, 2017
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A new law affecting intracompany transferees (ICTs), seasonal workers, non-EU permanent residents and company representatives, among other categories of foreign nationals, became effective August 15, 2017.

The changes described in the previous alert are valid unless mentioned otherwise below.

Seasonal Workers
The new Long-Term Visa for Seasonal Work is issued for up to six months and is not renewable.

Investment Residency Permits
The Investment Card for foreign investors requires the qualifying company to create at least 20 new positions for Czech nationals and to invest at least CZK 20 million in the Czech Republic.

Employee Cards
New Denial Criteria: The law adds new factors for denial of an Employee Card application, such as if a company was fined for illegal employment in the last four months or if it failed to sign employees up for social security or health insurance, among other factors.

New Change of Employer Filing Deadline: Foreign employees will now have a 60-day deadline to apply for consent to change their employer after their last day of work with the previous employer. Failure to apply either for this consent or for another type of Residency Permit within the 60-day window will result in deportation.

New Renewal Timing Rule: Employee Card renewal applications can now be submitted 120 days prior to or on the date of the card's expiry, aligning this process with those of other Residency Permit types. Previously, renewal applications could be submitted between 120 days to 30 days of expiration of the card.

Business Residency Permit
The new law increases the residency requirement for Business Residency Permit applicants who wish to file their applications in country from two to five years.

Submission of Residency Permit Applications
Under the new law, employers hiring employees under the Fast-Track, Welcome Package or Project Ukraine schemes can apply for Employee Cards, Blue Cards and ICT Cards on behalf of their future employees in the Czech Republic, as opposed to abroad.  

Employers filing such applications at consular posts abroad may experience appointment setting delays due to a high volume of applications.

Original Documents Now Required
The authorities will now require originals and sworn translations of registry documents from the vital statistics office and documents confirming a foreign national's purpose of stay (i.e. diploma/degree in case of Employee Card application) with all applications.  Previously, notarized copies were accepted.

What This Means for Employers and Foreign Nationals
Employers should discuss the additional factors for denial of an Employee Card with their immigration professional. Employees should be sure to comply with the stricter documentary requirements for all immigration applications.

Employees under the Fast-Track, Welcome Package or Project Ukraine schemes should benefit from the new rule that allows their employers to apply for Employee Cards, Blue Cards and ICT Cards on their behalf in the Czech Republic.

Another benefit under the new law is that applicants who have applied for Permanent Residency and have lost their residential status while waiting for the decision of the Immigration Authority are still eligible for Permanent Residency.

This alert is for informational purposes only. If you have any questions, please contact the global immigration professional with whom you work at Fragomen or send an email to emea@fragomen.com

© 2017 Fragomen, Del Rey, Bernsen & Loewy, LLP, Fragomen Global LLP and affiliates. All Rights Reserved.

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