Amendment affects foreigners in the Czech Republic

An amendment taking effect in August has new restrictions on residence

There are some important changes affecting some foreigners living in the Czech Republic, even if they have long-term residency. The changes come into effect in August.

A list of the most important changes was compiled by the Consortium of Migrants Assisting Organizations in the Czech Republic, an umbrella organization for Czech non-profit organizations working in the field of migration.

The new rules mostly affect people coming from outside the EU.

1. Transition to a business residence
If you have a long-term residence in the Czech Republic for less than five years and you are considering submitting a request for a change of the purpose of your stay to a business, submit your application promptly now. As soon as an amendment to the Aliens Act becomes applicable, you will not be able to apply for a change of purpose for business.

2. Cancellation procedure
If the Ministry of Interior has started proceedings to cancel your residence permit, seek legal assistance immediately. If you receive a decision canceling your residence, file an appeal and seek legal help.

3. Change of employer
If you are staying in the Czech Republic on the basis of employment (employee card) and you are changing jobs and plan to apply at the Ministry of the Interior for a new card (permission to change your employer), do it now. Once the amendment to the Aliens Act is in force, this process will be more complicated.

4. Request for permanent residence from the fiction of residence
If you are staying in the Czech Republic on a so-called residence fiction during an ongoing application for a long-term residence permit (with a transit sticker in your passport), and you intend to apply for a permanent residence, submit this request promptly now. After the amendment to the Aliens Act, the ministry will wait for the outcome of your long-term residence proceedings. If you will not get the long-term residence, you will not get permanent either.

5. Family members without a residence permit
If you are a family member of a citizen of the Czech Republic and are staying here without a residence permit or on the basis of so-called exit order/visa, submit your application for temporary stay as soon as possible. After the amendment to the Aliens Act it will not be possible. You will have to leave the Czech Republic and apply for a short-stay visa through the embassy. If you find yourself in such a situation, contact a lawyer! It is important to question this procedure in court.

6. Permanent stay for an adult dependent child
Following the amendment to the Aliens Act, it will no longer be possible for older dependent children to apply for a permanent residence permit for unification with their parents; this option will only be for minors (up to 18 years of age). If you have a permanent residence and a dependent child studying at school and you were planning to apply for this type of permanent residence, do it promptly now.

7. Application for residence from tolerated status/tolerance visa
If you are staying in the Czech Republic on the basis of so called tolerance visa (vízum strpění) and want to apply for an employment card or family reunion, submit your application promptly now. After the amendment to the Aliens Act, it will be harder. An application for an employment card will be possible only after three years of residence on a tolerance visa and in case of family reunification after at least six months of residence on the basis of tolerance visa.

8. Employee card for shareholders and managing directors of companies who also work for their a company
If you are a shareholder or a managing director or shareholder of some business and you also work for this company and you have been issued an Employment Card for this, ask for a change of residence for business or change your employer. After the amendment to the Aliens Act, you will not be able to work on the basis of an employment card for a company in which you are both an executive and a shareholder. The Ministry will no longer extend such an employment card to you. At the same time, after the amendment, you will not be able to apply for a change to the business (if you are not in the Czech Republic for more than five years.

Related article:
New investment visas in the Czech Republic - Prague.TV, 23.7.2017

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