European Union Member-State Intra-Company Employee Transfer Card

 Česky

Course of application proceedings for an EU Member-State Intra-Company Employee Transfer Card

Application proceedings

An application for issuance of an EU Member-State Intra-Company Employee Transfer Card must be lodged in person either with an Embassy or with the Ministry of the Interior Department of Asylum and Migration Policy, as the foreign national chooses. If the foreign national intends to lodge his/her application with the Ministry of the Interior Department of Asylum and Migration Policy, he is required to do so while he/she is still entitled to stay temporarily in the territory of the Czech Republic [in the situation in hand, the foreign national will most often be entitled under Section 18(d)(5) of Act No. 326/1999 Coll., i.e. during the validity of a residence permit issued by a different EU member state, or under Section 18(a), i.e. under visa-free stay, a maximum of 90 days from the date of entry by the foreign national into the territory of the Czech Republic].

Lodging an application for issuance of an EU Member-State Intra-Company Employee Transfer Card during the validity of the transferred employee’s residence permit issued by a different EU member state results in the residence permit issued by a different member state being considered valid until a decision is made on the application lodged in the Czech Republic.

In the case of an application lodged with an Embassy, the Embassy works as a go-between between the applicant and the authority responsible for the decision, i.e. the MoI CR. In the course of the proceedings, the Embassy communicates with the applicant, at the beginning of proceedings it summonses the applicant to eliminate any flaws in the application, summonses the applicant to interview or to have a visa for stay longer 90 days for the purpose of collecting a permit for residence in the territory of the Czech Republic affixed in his/her travel document. Applicants also receive correspondence from the MoI CR via the Embassy.

Application proceedings conducted under the regime of the Residence of Foreign Nationals Act, the Administrative Code with stipulated exceptions and also other related acts.

If the required supporting documents were not presented with the application or if the application suffers from other flaws, the administrative authority shall summons the foreign national to eliminate such flaws and proceedings may be suspended by ruling. The MoI/Embassy may in the course of proceedings invite the foreign national to interview, request him/her to submit missing supporting documents, take his/her fingerprints or capture his/her photographic image.

Submission of supporting documents

You may provide documents to support your application in person, through an agent or by post. Always submit the supporting documents you are summonsed to provide within the deadlines set.

A document issued by a foreign state must fulfil the conditions of a higher level of certification (superlegalisation), or apostille, unless this involves documents issued by a state with which the Czech Republic has a relevant bilateral treaty on legal assistance specifying public instruments that are exempt from the requirement of superlegalisation.

Documents drawn up in a foreign language must be submitted in the original, accompanied by a certified translation into Czech.

If, during the proceedings, you are summonsed to provide certain documents to support your application and the application was lodged with an Embassy of the Czech Republic, you may submit everything to the embassy in question, but you may equally send additional documents by registered mail direct to the Ministry of the Interior.

If your application was lodged inside the territory of the Czech Republic (the application was lodged on your behalf by a commercial corporation participating in a government approved programme), provide documents to support your application by registered mail to the address specified in the summons or to the office where the application was lodged.

Always supply your application reference number in communications.

Failure to provide supporting documents within the deadlines set constitutes grounds for termination of proceedings. During proceedings you may provide additional documents which you consider to be important for assessing your application.

Deadlines for processing the application

The legal deadline for processing your application for issuance of an intra-company employee transfer card is 90 days from the date of lodging the application.

For processing an application for extension of an intra-company employee transfer card, the general deadlines contained in the Administrative Code apply.

Deadlines for processing an application will be suspended or extended in cases stipulated by law, for instance if the applicant is summonsed by the administrative body to eliminate flaws in the application or if proceedings are suspended by ruling.

Legal fiction of validity of an intra-company employee transfer residence permit issued by a different EU member state

If you lodged your application for an EU Member-State Intra-Company Employee Transfer Card while your intra-company employee transfer residence permit issued by a different EU member state was still valid, but no decision is made on your application before your intra-company employee transfer residence permit issued by a different EU member state expires, your intra-company employee transfer residence permit issued by a different EU member state shall be considered valid inside the territory of the Czech Republic until a decision on issuance of your EU Member-State Intra-Company Employee Transfer Card becomes legally effective.

Approval of an application for an EU Member-State Intra-Company Employee Transfer Card

If you application is approved (if you comply with the conditions for issuance of the card), the Ministry of the Interior or the Embassy of the Czech Republic where you lodged your application will contact you to invite you to one of its offices to record the biometric data necessary for producing your EU Member-State Intra-Company Employee Transfer Card.

Once your biometric data has been recorded, you will be issued with a "Confirmation of compliance with conditions for issuance of an EU Member-State Intra-Company Employee Transfer Card". On the strength of this confirmation, you may be employed from the issuance date of this confirmation until the date of completion of application proceedings (issuance of the biometric card).

Within the deadline set, but no later than 60 days after your biometric data was recorded, report in person to an MoI CR office to collect your Intra-Company Employee Transfer Card and, in order to confirm the unique connection between you and the card, to verify your identity, or whether the data specified in the card is correct and the data carrier with your biometric data is functional. Failure to report to collect the residence card constitutes grounds for termination of application proceedings.

The EU Member-State Intra-Company Employee Transfer Card is most frequently issued for the duration of intra-company transfer to EU member states, to a maximum duration of 3 years of overall transfer to the EU for a manager or specialist, or to a maximum period of 1 year of overall transfer to the EU for an employed intern. The card may be repeatedly extended up to a maximum duration of 3 years for a manager or specialist, or 1 year for an employed intern.

During your stay in the Czech Republic, do not forget to any changes in your data. You are required to report any change in the conditions on the basis of which the intra-company transfer card was issued to you within 3 days of such change taking place.

Rejection of an application for an EU Member-State Intra-Company Employee Transfer Card

The MOI CR will reject an application for an EU Member-State Intra-Company Employee Transfer Card if, for instance,

• the MOI CR discovers that the commercial corporation or subsidiary to which the foreign national is to be transferred was established solely for the purposes of intra-company transfer,

• the commercial corporation within which the foreign national is to be transferred is not debt-free,

• during the 4 months prior to lodging the application, a legally effective fine for allowing the performance of illegal labour has been imposed on the commercial corporation within which or to which the foreign national is to be transferred,

• bankruptcy has been declared on the assets of the commercial the commercial corporation within which or to which the foreign national is to be transferred,

• the foreign national does not satisfy the condition of criminal integrity,

• the foreign national does not satisfy certain conditions for issuance of this card (e.g. university education has not been proven in the case of an employed intern),

• despite the request of the Embassy, the foreign national fails to report for interview or to submit documents corroborating information specified in the application by the deadline set, or if, despite conduction of an interview or evaluation of submitted documents, such information proves impossible to verify,

• the foreign national provides false information in the application,

• the foreign national appears on the list of undesirable persons,

• the foreign national appears in the Schengen Information System,

• the foreign national submits forged or altered supporting documents or the data provided, essential for assessing the application, does not correspond to reality,

• reasonable grounds exist to believe that during his/her stay in the Territory the foreign national could present a threat to state security, seriously disrupt public order or jeopardise the international relations of the Czech Republic,

• reasonable grounds exist to believe that during his/her stay in the territory of another Schengen state the foreign national could present a threat to state security, seriously disrupt public order or jeopardise the international relations of Schengen states,

• facts come to light indicating that after the end of his/her period of residence specified in the intra-company employee transfer card, the foreign national does not intend to leave the territory of the Czech Republic or that he/she intends to misuse this card for a purpose different to that indicated in the application,

• the foreign national has circumvented the Foreign Nationals Residence Act.
   

If your application is rejected, you will receive a written copy of the MoI CR decision to reject your application.

Appeal against a decision to reject an application for an EU Member-State Intra-Company Employee Transfer Card

In the event of rejection of an application for an EU Member-State Intra-Company Employee Transfer Card you may make an appeal against such decision to the Commission for Decision-Making in Matters of Residence of Foreign Nationals within 15 days of the date of delivery of the decision to reject your application. You must however lodge your appeal with the Ministry of the Interior Department of Asylum and Migration Policy.

The deadline for lodging an appeal is deemed to be met if it is lodged with the Ministry of the Interior Department of Asylum and Migration Policy on the last day of the deadline or if a postal consignment containing the appeal and addressed to that authority is entrusted to a holder of a postal licence or special postal licence or to a person with similar status in another country by this last day of the deadline. The Embassy of the Czech Republic is not an authority with subject-matter jurisdiction for accepting appeals, i.e. making an appeal with an Embassy of the Czech Republic has no influence on meeting the deadline for lodging an appeal until the appeal is delivered to the Ministry of the Interior of the Czech Republic.

It must be clear from the appeal who is making it (name, surname, date of birth, residential address and correspondence address, if applicable), what it concerns and what is proposed and also must contain explanation of which decision the appeal is raised against, to what extent it refutes the decision and in which respect the decision or the proceedings preceding it are contrary to legislation or incorrect. It must contain the name of the administrative authority to which it is addressed and the signature of the person making the appeal. If the appeal contains flaws, the administrative authority shall summons the appellant to eliminate such flaws.

If the Ministry of the Interior (Department of Asylum and Migration Policy) fails to find any reason to cancel or change its own negative decision (to perform an “autoremedura”), within 30 days of taking receipt of the appeal it shall pass on the case file to its superior administrative authority for decision. The superior administrative authority to the Ministry of the Interior Department of Asylum and Migration Policy for proceedings on matters relating to residence of foreign nationals is the Commission for Decision-Making in Matters of Residence of Foreign Nationals. The Commission then decides on the appeal and delivers the written decision on the appeal to the applicant.

Department for Asylum and Migration Policy, August 15th, 2017

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