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Employee Card

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Extension of the Validity of an Employee Card

The validity of an 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. In the case of a job performed on an employment permit, the validity of the employee card will be extended for a period corresponding to the period stated in the decision on extension of the employment permit. If recognition authority makes decision about employment permit or professional experience, validity of an employee card will be extended for the period according to this decision.

An application for extension of the validity of an employee card is to be filed at an office of the Ministry of the Interior. You must file the application no sooner than 120 days before expiration of the validity of the current employee card and the last day of the validity of the employee card at the latest.

Due to the fact that the fiction of validity of the current employee card apply to the permission to work in the job, for which the employee card was issued (see below for more information). You can work still on current position, if you are submitting the extension of employee card on the same position, that you are practicing already. In case you apply for extension of the validity of an Employee Card on the basis of work permit, you can still work if you recieved extension of work permit or if you applied for this extension in statutory deadline.

If reasons beyond the control of a foreign national prevented him or her from filing an application for extension of the validity of his or her employee card within the prescribed deadline, he or she shall be entitled to file the application within 5 working days after such reasons cease to exist. Until the expiration of this authorisation, the residence permit and work permit will be considered to be valid. It is the responsibility of the foreign national to cite and prove those reasons which prevented him/her from filing the application before the expiration of the validity of the current employee card to the administrative authority of his/her own iniciative. The foreign national has the obligation to state and prove these reasons. The foreign national is obliged to cite the reasons of later filing the application in the moment of filing the application at the latest.
 

Required Attachments to an Application for Extension of the Validity of an Employee Card.

An application for extension of an employee card is to be filed on a special form entitled "Application for an Employee Card".

A foreign national is required to attach the following to an application for extension of the validity of his or her employee card:

  1. travel document,

  2. document confirming availability of accommodation,

  3. a contract of employment or an agreement on work activity (or else an amendment to the contract or agreement on extension for the period, for which the extension of the employee card is applied for),

  4. a decision of the Employment Agency to extend the employment permit – this only applies to an employee card, which is of non-dual nature with an employment permit (see the section Special Cases / Non-Dual Mode of an Employee Card) or in the event that the foreign national has changed his or her job position to a position, for which an employment permit has been issued to him or her, during his or her stay with an employee card,

  5. documents proving the professional qualifications for performance of the requested job,

  6. the obligation to submit this attachment only applies to an employee card of a dual nature, and specifically only if the document previously submitted to the OAMP ceased to be valid (for example, if a certificate on acquisition of professional qualifications, which the foreign national had attached to the application for an employee card, was limited in time and is already invalid at the time when the application for extension of the validity of the employee card is to be decided on),

  7. upon request, a document similar to an extract from the Register of Criminal Records,

  8. upon request, a document proving the fulfilment of conditions set out in the measure of the Ministry of Health on prevention of the spread of infectious illnesses (Medical report),

  9. photograph, if the appearance of the foreign national has changed.
     

In case your employer is job agency and you will be temporarily allocated by this job agency to another employer, it is necessary to submit for extension of the validity of an employee card also document in which there is name, surname, citizenship, birthdate, birthplace and place of residence of foreign national. You have to also add kind of work you will do, place of work, the name of the employer and employer´s registered office.

You can find form of this document here.

If you meet the conditions for extension of the validity of your employee card, you are obliged to appear in person at the MoI CR upon request for the processing of the information necessary for issue of an employee card, including the acquisition of your biometric data. Failure to appear at the MoI CR upon request is a reason for discontinuing the proceedings on your application.

Within the deadline set by the MoI CR but not later than within 60 days from the day of the acquisition of your biometric data, you are obliged to appear at the MoI CR to collect a residence permit card. Failure to appear to collect a residence permit card is a reason for discontinuing the proceedings on the application.
 

Fiction of Validity of the Current Employee Card

Similarly like in other cases of applications for extension of the validity of a long-term residence permit, what is referred to as the “fiction of validity” of the current residence permit will be applied to an application for extension of the validity of an employee card, provided that the conditions defined in Section 47(7) of the Act on the Residence of Foreign Nationals are met. This fiction of validity is usually confirmed by what is known as a bridging label or transitory visa at the request of the foreign national.

Since 17 August 2015 the fiction of validity of the current employee card applies also to the authorisation to work in the job for which the employee card was issued. However the authorisation to work terminates in case the respective regional office of the Employment Agency issues the binding opinion that further employment in the job for which the employee card was issued cannot be approved. In this case the authorisation to work terminates as soon as the decision rejecting application for the extension of the employee card is delivered to the applicant.

For a foreign national with an employee card in the non-dual mode (that is, a foreign national with an employment permit or free access to the labour market (see the section Special Cases / Non-Dual Mode of an Employee Card), the authorisation to perform the job is not linked to the employee card. Thus, a foreign national with a valid employment permit (or with a valid extended employment permit) or with free access to the labour can continue to perform his or her job even after expiration of the validity of his or her employee card, based on the fiction of the validity of the current employee card without limit.
 

Partners, Executives and other members of statutory body of the commercial corporations

It is not possible to extend the validity of the employee card  issued to a foreign national who as a partner, member of the statutory body  of  commercial corporation or cooperative   performs tasks arising from the subject of the activities of such legal entity.  This is not possible even if foreign national was issued Employment Permit by regional branch of Employment Office. Applications for prolongation of validity of such employee card submitted after August 15th,.2017 will have to be rejected.

If you were issued employee card for this purpose in the past you can find yourself other job different from performance of activities in the object of business activities of your company or cooperative and notify to the Ministry of the Interior change of employer or job title.

The  foreign nationals who are statutory body of  commercial corporations or their members may choose as a purpose of their stay " Bussiness" purpose and apply for long-term visa for bussiness purposes at the embassy. Those who already reside  on the territory of Czech Republic for at least 5 years may apply for new  long-term residence permit  for the business purposes. Such application has to be lodged on a territory at MOI office.

Differently in cases where the employee card was issued to the foreign national who is a member of commercial corporation or a statutory body of commercial corporation and was transferred to work for such corporation by his/her employer abroad, the employee card will still be issued and also prolonged provided  he/she is holder of the employment permit issued under § 95 of the Act on Employment.

  


Department for Asylum and Migration Policy, December 11th, 2019

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