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Employee Card

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Course of the Proceedings on Application for an Employee Card

Application Proceedings

An application for an employee card must always be filed in person. (The only exception applies for applications filed at an embassy, where the embassy can waive this obligation in justified cases.)

For applications filed in the territory of the CR at an office of the MoI CR, it applies that if you file the application in some other manner (electronically, by mail, via an authorised representative), it must be delivered to MOI CR by the last day of the statutory period (not enough to bring it to the post by the last day of statutory period), the proceedings on the application will not be commenced unless you appear in person at the office of the MoI CR where the application was sent/filed within 5 days. If you fail to appear in person in 5 days time limit, the  application is not lodged and procedude is not commenced. If this is the case, MOI office will state this fact in decision, that is only noted into the file and will inform you of the fact that proceedings were not initiated and will return the application to you along with any appendices. It is not possible to appeal against such decision.

In the case of applications filed at an embassy, the embassy acts merely as an intermediary between the applicant and the authority responsible for the decision, which is the MoI CR. During the proceedings, the embassy communicates with the applicant; at the beginning of the proceedings, the embassy requests the applicant to eliminate any deficiencies in the application and invites the applicant to an interview; the documents prepared by the MoI are delivered to the applicant via the embassy; or else the embassy requests the applicant to come to have a visa for a stay of over 90 days for the purpose of collecting an employee card entered into his or her passport.

The proceedings on your application are subject to the provisions of the Act on the Residence of Foreign Nationals, the Administrative Procedure Code (pdf, 549 kB), with specified exceptions, and possibly to other related Acts.

If the required attachments have not been attached to an application and the application was submitted to the embassy, embassy will terminate the proceeding held on  your application. If the application has other deficiencies or it is lodged at the territory of the Czech Republic, the administrative authority (embassy, Ministry of Interior) will request you to eliminate the defects in the application in adequate time limit. Due to this request the time limit for decision is suspended. During the proceedings, the MoI CR/embassy can invite you to an interview, request you to provide additional documents, or else send you a written request to provide such appendices, take your fingerprints or acquire an image of you. The interview may closely follow the submission of application.
 

Submitting Additional Documents to an Application

Submit additional documents to an application either in person, via your authorised representative or by post. You must submit the documents requested from you by the deadlines set.

A document issued by a foreign state must satisfy the requirement for higher authentication (super-legalisation), or Apostilles, unless documents were issued by a state with which the CR has a relevant bilateral agreement on legal assistance that specifies which public documents are exempted from the requirement for higher authentication.

A document prepared in a foreign language must also be submitted in the original version as in an officially certified translation into the Czech language.

If you are requested to provide some additional documents to the application during the proceedings and if the application has been filed with an embassy of the CR, you may deliver everything to the given embassy, but you may also send the additional documents by registered mail directly to the Ministry of the Interior.

If your application has been filed within the territory of the CR, send any additional documents to the application by registered mail to the address stated in the request or to the address of the office where the application was filed.

Always state the reference number of your application.

Failure to provide the required documents by the set deadlines constitutes a reason to stop the proceedings on the application. During the proceedings, you can also submit other documents which you consider to be important for examination of your application.
 

Deadlines for Processing Applications

The statutory deadline for processing an application for an employee card is 60 days from the date of the filing of the application. In especially complicated cases or if the OAMP has requested the Employment Agency to issue a binding opinion statement (a request referred to in Section 42g(6) of the Act on the Residence of Foreign Nationals), the deadline is 90 days from the date of the filing of the application.

The general deadlines defined in the Administrative Procedure Code apply to the processing of an application for extension of an employee card.

The deadlines for processing an application shall cease to elapse or be extended in the cases defined by the law, for example, if the proceedings are interrupted by a resolution.
 

Approval of an Application for an Employee Card

If your application is approved (if you have met the conditions for issue of an employee card), the office of the MoI CR/embassy where you have filed the application will contact you.

If you are not going to be present in the territory of the CR during the time when the decision on your application filed in the territory of the CR is expected to be made, notify the appropriate office of the MoI CR of this fact.

If you have filed an application for an employee card abroad and your application has been approved (if you have met the conditions for issue of an employee card), the embassy, upon an instruction from the MoI CR, will issue a visa for a stay of over 90 days for the purpose of collecting an employee card (D/VR) to you. Before the visa is entered, you will be requested to present a.travel medical insurance document for the period from the date of your entry into the territory of the CR to the date, on which your public medical insurance in the CR will become effective.

On arrival in the CR, visit an office of the Ministry of the Interior in order to comply with your address registration obligation and to provide your biometric data necessary for production of your employee card. The address of the office where you are meant to come will be given to you by the embassy. If you have applied for an employee card in the territory of the CR, you are also obliged to report in person to the MoI CR for the processing of the data necessary for issue of your employee card (including the acquisition of your biometric data) at the request of the MoI CR. Failure to report to the MoI CR after arriving to the CR within the said deadline or failure to report to the MoI CR at its request, if the application was filed in the territory of the CR, will be a reason to discontinue the proceedings on the application.

"Certificate on Compliance with Conditions for Issue of an Employee Card" will be issued to you by the Ministry of the Interior . With this certificate you can be accepted to work and start working from the date of issue (it means before the date of issue of the biometric card). This certificate is very important particulary in those cases where foreign national does not hold an employment permit or does not have free access to the labour market (i.e. the application has been filed for an employee card).

Within the set deadline but no later than 60 days after the acquisition of your biometric data, you must appear in person at the office of the MoI CR for the purpose of collecting your employee card and for the purpose of verification of the unique link between you and the issued card, verification of your identity, or rather the accuracy of the personal data stated in the card and the functionality of the data carrier containing the biometric data. Failure to report to collect the residence permit card constitutes a reason for discontinuation of the proceedings on the application.

Before acceptance of biometric card, foreign national is obliged to submit employer confirmation that he/she started to work on the work position on which employee card should be issued. There is no form of this confirmation according to the law. It is possible to use form in the section Application forms or form which is part of summon to pick up employee card. Employment contract is not such a confirmation!

If you do not submit this confirmation that you started to work on the work position in the term of 60 days from biometrics, it is reason to discontinuance of proceedings.

An employee card is most often issued for the duration of the employer-employee relation but not for more than 2 years, with the option of repeated extension of validity. In the case of a job performed on an employment permit, an employee card may be issued to a foreign national for the validity of the employment permit. If employee card is issued on work position where foreign national works on the basis of permission of recognition authority, employee card will be issued at the longest on the term given by the decision of this recognition authority.

During your stay in the CR, do not forget to report any changes in your personal details that may occur.
 

Right to stay on the territory during the examination of the application

If the application for employee card or  for its prolongation is lodged on the territory and in accordance with the conditions provided by the Act on the Residence of Foreign Nationals  (for instance in prescribed deadlines) and  period of validity of present long term visa or long term residence permit expires before the  final decision on the application is taken, the present long term visa or long term residence permit is deemed  to be valid until the decision on the application gains legal force. The right to stay on the territory will however cease before legal force of the decision on your application in case of  conviction to punishment of expulsion, due to the administrative expulsion,  application for international protection, and specifically in case of employee cards by expiration of 60 days period after the termination of present job (no application for the change of employer submitted).

The right to stay on the territory during the examination of the application is  certified by long-term visa sticker attached to the travel document of the applicant. It is so called  "Transitory visa" or “Bridgeing label”.
 

Rejection of an Application for an Employee Card

The MoI CR will reject an application for an employee card, for example, if

  1. the foreign national fails to meet certain conditions for issue of an employee card (for example, the job does not appear in the central register of job vacancies that can be filled by holders of employee cards; in the case of this type of card, the condition of the existence of an employer-employee relationship complying with the requirements of the law has not been met or the condition of professional qualifications has not been met),

  2. this concerns an application for an employee card filed by a foreign national referred to in Section 42g(6) of the Act on the Residence of Foreign Nationals, and the Employment Agency of the CR – a regional branch office or the branch office for the Capital City of Prague – has issued a binding opinion statement that further employment of the foreign national cannot be permitted due to the situation on the labour market,

  3. the foreign national has failed at the request of the Ministry or embassy to submit the appropriate documents for verification of the information stated in the application within the set deadline, or if verification of this information was inconclusive, in spite of the fact that the interview has taken place or assessment of the submitted documents,

  4. the foreign national provides false information in the application,

  5. the foreign national appears in a register of personae non gratae,

  6. the foreign national is included in the Schengen Information System,

  7. the MoI CR has information that the costs associated with the stay of the foreign national in the territory would be borne by the Czech Republic,

  8. the foreign national has submitted forged or altered required attachments, or the information important for consideration of the application stated in such attachments is untrue,

  9. there is a reasonable risk that the foreign national could threaten the national security, could disrupt public order in a serious manner or could threaten the international relations of the CR during his or her stay in the territory,

  10. there is a reasonable risk that during the foreign national’s stay in the territory of some other Schengen country, the foreign national could threaten its security or could disrupt public order in it in a serious manner or could threaten the international relations of Schengen countries,

  11. the foreigner could threaten the public health during his next entry do the territory, that is suffering from a serious illness,specified in document proving the fullfilment of conditions on prevention of the spread of infectious illnesses, if such this illness uccured before the entring the territory,

  12. circumstances arise which indicate that the foreign national will not leave the territory after the end of the stay defined by the employee card, or that he or she intends to use the employee card for some other purpose than the one stated in the application,

  13. before the long-term visa for the purpose of collecting an employee card is issued, the foreign national fails to submit a travel medical insurance document and, upon request, proof of payment of the insurance premium stated in the travel medical insurance document, except for the cases defined in Section 180j(4),

  14. the stay of the foreign national in the territory is not in the interest of the CR or some other serious obstacle to the foreign national’s stay in the territory has been identified;

  15. the foreign national has failed to pay a fine or the costs of proceedings incurred in connection with proceedings conducted according to this Act;

  16. the foreign national had not fulfilled the propose of his/her present long-term visa or long-term residence permit unless he/ she proves that the propose of the long term residence had not been fulfilled only temporarily  and due to serious reasons. the foreign national circumvented the law  in order to be granted  long-term visa all long-term residence permit for instance by marriage of convenience, by a false declaration of paternity or he /she  became member of statutory body of a company or a co-operative only for the purpose;

  17. the future employer of the foreign national is unreliable,

  18. if employer is job agency and concurrently if foreign national works on the position on which job agency cannot mediate,

  19. foreign national worked illegally.

If your application is rejected, the decision of the MoI CR on rejection of your application will be delivered to you in writing; if you have filed your application at an embassy, the decision will most often be delivered via this embassy.
 

Appeal against a Decision on Rejection of an Application for an Employee Card

If your application for an employee card is rejected, you can file an appeal against the decision on rejection of your application with the Commission for Decision-Making on the Matters of the Residence of Foreign Nationals within 15 days from the date of delivery of the decision. However, the appeal is to be filed with the Department for Asylum and Migration Policy of the Ministry of the Interior.

The deadline for filing an appeal will be deemed satisfied if the appeal is filed with the Ministry of the Interior, the Department for Asylum and Migration Police by the last day of the deadline or if a mail consignment addressed to this authority containing the appeal is posted through a postal license or special postal licence holder or through an entity which has a similar status in some other state, on the last day of the deadline. An embassy of the CR is not an authority technically responsible for receiving an appeal, which means that filing an appeal with an embassy of the CR does not constitute compliance with the deadline for filing an appeal until the appeal is delivered to the Ministry of the Interior of the CR.

An appeal must indicate who has filed it (name, surname, date of birth and place of residence, possibly a mail address), which matter it concerns and what is being proposed, and must also contain information on the person against which the decision is directed, to what degree the decision is being contested and what was considered to be the violation of laws or incorrectness of the decision or the proceedings preceding the decision. It must contain identification of the administrative authority for which the appeal is intended, and the signature of the person submitting the appeal. If the appeal has defects, the administrative authority will request the appellant to remove the defects in the appeal.

If the Ministry of the Interior (Department for Asylum and Migration Policy), fails to find a reason to cancel or change its own rejection decision (for what is referred to as auto-remedy procedure), it will refer the file, along with its opinion, to its superior administrative authority for adjudication within 30 days from the delivery of the appeal. For proceedings on the matters of the residence of foreign nationals, the superior administrative authority of the Ministry of the Interior (Department for Asylum and Migration Policy) is the Commission for Decision-Making on the Matters of the Residence of Foreign Nationals. This Commission will then decide on the appeal and will deliver a written decision on the appeal to the applicant.

It is not possible to make an appeal if the reason of rejection decision of the application is that foreign national does not fulfill condition of criminal integrity or he/she is seen as danger of public order or national security. Decision becomes legally effective by its notification (it means by delivery to the foreign national or its representative, if there is). This decision can be contested by action submitted to relevant Regional Court due to the Code of Administrative Justice (law 150/2002). This only applies to the applications submitted from July 31th, 2019.

  


Department for Asylum and Migration Policy, July 31st, 2019

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