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Information concerning the handling of foreign nationals' residence-related matters in the territory of the CZ after the end of the state of emergency from May 18th, 2020 to July 16th, 2020

 Česky

In connection with the COVID-19 pandemic, the Government of the Czech Republic (hereinafter referred to as the “CR”) declared a state of emergency on March 12th, 2020, which will probably come to an end on May 17th, 2020.

The procedure for handling foreign nationals’ residence-related matters by the relevant state authorities after the end of the state of emergency in the Czech Republic which will subsequently apply temporarily for a period of 60 days (i.e. until July 16th, 2020) appears below.

  1. IMPORTANT NOTICES
  2. FOREIGN NATIONALS STAYING IN THE TERRITORY OF THE CR AFTER THE END OF THE STATE OF EMERGENCY
  3. ENTRY TO THE TERRITORY OF THE CR FOR FOREIGN NATIONALS AFTER THE END OF THE STATE OF EMERGENCY
  4. APPLYING FOR RESIDENCE INSIDE THE TERRITORY
  5. EMPLOYING FOREIGN NATIONALS
  6. OTHER MATTERS
  7. CONTACTS

  

1. IMPORTANT NOTICES

  • Foreign nationals (third-country nationals) whose current residence permit in the Czech Republic has expired after March 12th, 2020 must leave the territory of the Czech Republic by July 16th, 2020 at the latest. For this period, the exit order for foreign nationals will not be issued.
    To ensure easier passage through other member states of the European Union, the Police of the Czech Republic marks the special stamp on the travel document. This stamp certifies the tolerance of the foreign national`s stay in the Czech Republic for the purpose of informing other Member States of the European Union in the event of transit through their territory. However, the stamp does not provide automatic entry into the territory of these states.
    If you are leaving the territory of the Czech Republic, it is recommended to come to the nearest Department of Residential Agendas of the Foreign Police (pdf, 51 kB) before departure during office hours to ask for the stamp.
    Attention - the stamp is only used for exit. After marking the stamp, leave the territory of the Czech Republic within 24 hours, otherwise you are exposed to an increased risk of punishment by other Member States of the European Union, through which you will transit.
    Foreign nationals (Third-country nationals) with
    - short-term visa for the purpose employment
    - short-term visa for the purpose seasonal
    - visa for a stay of over 90 days for the purpose seasonal, or
    - special work visa,
    which the validity of visa ended after March 12th, 2020 and employer arranged extension of employment relationship or new employment relationship, the travel period is extended up to September 16th, 2020; validity of work permit is also extended (you can find more information here (pdf, 200 kB)).
    This information can be found in:
    - Ukrainian here (pdf, 144 kB),
    - Vietnamese here (pdf, 91 kB),
    - Russian here (pdf, 143 kB),
    - Romanian here (pdf, 154 kB),
    - Chinese here (pdf, 101 kB),
    - Arabic here (pdf, 97 kB),
    - Spanish here (pdf, 153 kB),
    - French here (pdf, 153 kB).

  • Information regarding departure of foreigners from the Czech Republic to July 16th, 2020

  • Conditions for visiting MOI offices from July 1st, 2020

  • Information concerning the handling of foreign nationals’ residence-related matters in the territory of the Czech Republic from May 18th, 2020 to July 16th, 2020 (pdf, 103 kB)

  • Protective measure - restrictions on crossing the Czech Republic´s state border with efficiency from July 1st, 2020

  • Undertakings of a subject accepting a foreign national on the territory of the Czech republic for the purposes of economic activity or educational activities

  • Entry to the offices of the Ministry of the Interior will not be allowed to the foreign nationals during 14 days after return or arrival to the Czech Republic due to preventive reasons. You can find more information in chapter 3. ENTRY TO THE TERRITORY OF THE CR FOR FOREIGN NATIONALS AFTER THE END OF THE STATE OF EMERGENCY.

  • Sign yourself all applications for resident permits sent to MOI offices. Send your applications to the Ministry of the Interior by post or via data box; do not send them via email without guaranteed electronic signature. Applications sent by simple email will not be considered.

  • 60-days period is counted from the end of status of emergency (from May 17th, 2020) and NOT from the end of validity of visa / long-term residence permit / visa-free stay. It means up to July 16th, 2020.

  

2. FOREIGN NATIONALS STAYING IN THE TERRITORY OF THE CR AFTER THE END OF THE STATE OF EMERGENCY

  1. Foreign nationals whose hitherto valid residence authorisation for the territory of the CR expired during the state of emergency will be able to leave the territory within 60 days of the end of the state of emergency (i.e. until July 16th, 2020) without risking prosecution for unauthorised stay in the territory. Neither the Police nor the Ministry of the Interior will issue exit orders to foreign nationals during this period.
    But be aware that this does not mean an authorised stay in the sense of the Foreign Nationals’ Act. In reality, a foreign national in this situation is staying in the territory without residence authorisation, but simply will not be prosecuted for this offence.
    This measure is for a fixed period until July 16th, 2020 and applies only to persons who had valid residence authorisation in the CR on the date on which the state of emergency was declared (March 12th, 2020)!

  2. Foreign nationals who were staying in the CR without valid authorisation before the state of emergency was declared are advised to leave the territory of the CR as soon as possible.

  3. It also applies for foreign nationals whose residence authorisation expires after the end of the state of emergency (i.e. May 17th, 2020) that they will be able to leave the territory within 60 days of the end of the state of emergency (i.e. until July 16th, 2020) without risking prosecution for unauthorised stay in the territory. Neither the Police nor the Ministry of the Interior will issue exit orders to foreign nationals during this period.
    However, the above does not apply for foreign nationals who have been set a deadline for leaving the territory in administrative proceedings against them; this type of deadline is not affected by this measure.

  4. A foreign national whose residence authorisation expires during the state of emergency or during the 60 days after its end and who intends to remain in the territory of the CR must apply by the legally required deadline for extension of his/her residence authorisation (in the case of a long-stay visa, he/she must apply for long-term residence). For more detailed information, see item III. Applying for Residence inside the Territory.

  

3. ENTRY TO THE TERRITORY OF THE CR FOR FOREIGN NATIONALS AFTER THE END OF THE STATE OF EMERGENCY

Conditions for foreign nationals newly coming into the territory of the Czech Republic (who previously did not reside in the Czech Republic) and conditions for entry (return) of persons already residing in the territory of the Czech Republic can be found here.

Entry and stay - information of Ministry of Foreign Affairs of the Czech Republic - you can find here.

The activities of diplomatic missions will be gradually resumed after the end of the state of emergency, depending on the epidemiological situation and local conditions. For the latest information, follow websites of the Ministry of Foreign Affairs and of the individual diplomatic missions. Gradually, pursuant to government decisions made in reaction to developments in the epidemiological situation, the potential conditions for entry into the CR by foreign nationals will also be relaxed.

Even after the end of the state of emergency, with certain exceptions, all foreign nationals entering the territory of the CR will be required to present a medical certificate of a negative RT-PCR test for the presence of SARS-CoV-2, accompanied by a certificate from the relevant laboratory. The only exceptions to this are the family members of Czech citizens or EU citizens resident in the CR who in such case are required to go into 14-day quarantine starting upon entry.

For a period of 14 days following entry, all persons (with a few exceptions) will have restricted free movement and will be required to remain at their place of residence.

For preventive reasons, and with respect to the aforementioned quarantine measure, foreign nationals will not be permitted to enter the Ministry’s offices for a period of 14 days following their arrival in the territory of the CR. The quarantine measure is deemed to be a reason beyond the control of the foreign national preventing him/her from notifying the Ministry of place of residence in the territory within 3 days of arrival (Section 93(1) of the Foreign Nationals’ Act) or from reporting in person to Ministry of the Interior offices within the same deadline to facilitate the processing of the biometric data required for issuance of a long-term residence permit (including employee cards), or to collect a permanent residence decision (Section 44(1), Section 74(1) of the Foreign Nationals’ Act). In such case, the foreign national will not be penalised for failure to meet the legal deadlines.

Selected situations relating to foreign nationals entering the territory after the end of the state of emergency:

  1. Foreign nationals who have applied for residence authorisation at a diplomatic mission abroad and whose applications have been approved will be called upon by the relevant diplomatic mission to report in person to have a long-stay or short-stay visa, or a long-stay visa for the purpose of collecting a residence permit affixed in their passport as soon as the diplomatic mission resumes its activities.

  2. Foreign nationals who were issued a long-stay visa for the purpose of collecting a residence permit before declaration of the state of emergency may enter the territory of the CR as of May 11th, 2020 under condition that their visa is still valid. If this six-month visa has expired, it will be necessary to request the relevant diplomatic mission to issue a new visa as soon as it resumes its activities.

  3. Foreign nationals who already have authorised residence in the CR and whose residence permit has been lost, damaged or stolen during their stay abroad will be able to contact the diplomatic mission once it has resumed its activities with an application for a long-stay visa for the purpose of collecting a replacement residence permit.

  4. Foreign nationals who are abroad and do not hold a valid certificate of the enduring validity of their hitherto long-stay visa or long-term residence permit (including employee cards), i.e. a so-called bridging sticker or visa, will be able to contact the diplomatic mission once it has resumed its activities with an application for a long-stay visa for the purpose of collecting their residence authorisation. The condition for issuance of this visa is that the proceedings for issuance or extension of the validity of a long-term residence permit or a long-stay visa are still underway and that the application was submitted in accordance with the conditions stipulated by the Foreign Nationals’ Act.

  5. Foreign nationals who have submitted an application for a temporary or permanent residence permit as family members of an EU citizen (Section 87b and 87h of the Foreign Nationals’ Act) must apply for a short-stay (Schengen) visa for entry the territory of the CR. The proviso for entitlement to residence pursuant to Section 87y of the Foreign Nationals’ Act is living in a common household with an EU citizen in the territory of the CR; by leaving the territory of the CR the family member of a citizen of the CR [EL3] loses this entitlement. This does not apply if the foreign national is authorised to enter the territory of the CR without a visa (Section 18 of the Foreign Nationals’ Act).

  

4. APPLYING FOR RESIDENCE INSIDE THE TERRITORY

Conditions for visiting MOI offices from July 1st, 2020

Until further notice, even after the end of the state of emergency, remote access (by post or data container) will be communication method preferred at Ministry of the Interior offices. The reason for this approach is exclusively to ensure the safety of both clients and staff in accordance with the requirements of the extraordinary measures in place pursuant to the Public Health Protection Act.

1. Conditions for visiting MOI offices from July 1st, 2020

After your arrival or return to the Czech Republic, wait with the visit of MOI office 14 days due to preventive reasons. Earlier entry to the MOI office will be possible only after submission of SARS CoV-2 test with negative result.

Access to the MOI office is still possible only on the basis of previously pre-bookedappointment.
You can arrange your appointment by phone or electronically at: https://frs.gov.cz/, if online ordering is available at locally assigned office of the Ministry of Interior of the Czech Republic.

VISIT WITHOUT ARRANGING YOUR APPOINTMENT IN ADVANCE will be possible only for acts, which cannot be postponed:

  1. Issuing of the bridging label for traveling abroad from the Czech Republic, for workers in international transport, workers of critical infrastructure or for requirements of state authorities of the Czech Republic. Purpose must be proven.

  2. Take-over of the document delivered by public notice.

  3. Issuing of departure order, if period for traveling abroad from the Czech Republic was determined by decision.

  4. Submission of application for long-term visa, long-term residence permit or permanent residence permit for child born in the territory of the Czech Republic (§ 88 of the Act on the Residence of Foreign nationals in the Czech Republic).

  5. If foreign national was previously invited by administrative authority.

NOTICE !!!
On July 16th, 2020, transitional period, during which extraordinary rules were applied in dealing with the residence of foreigners in the territory, ends. It is necessary to proceed in full compliance with the law after this date. In connection with this we want to inform you that from July 17th, 2020 applications for residence permit sent by post, if personal participation is required by the law to submit the application, will not be accepted.
 

2. Widened options for submitting an application for residence authorisation

Applications for residence authorisation which are normally required to be delivered to the Ministry of the Interior in person will be accepted for the duration of the aforementioned restrictive measures also by post, electronically from the data container of the applicant or his/her representative or electronically with the guaranteed signature of either the applicant or his/her representative.

The Ministry of the Interior hereby requests all clients to submit their applications, notifications or other submissions otherwise than in person, thereby protecting their own and others’ health.

  • Applications for long-term residence
    Applications for long-term residence (including employee cards and blue cards) sent by post or data container will be accepted by the Ministry of the Interior as if they were made in person. The foreign national will not be required to report in person to the Ministry of the Interior office within 5 days.

  • Applications for long-term or permanent residence for a child born within the territory (Section 88 of the Foreign Nationals’ Act).
    For applications for long-term or permanent residence for a child born within the territory sent by post, or to the Ministry of the Interior data container will be accepted and assessed as if they were submitted in person. The legal representatives of the applicant will be sent a confirmation of submission of the application for health insurance purposes.

  • Applications for permanent residence
    Applications for permanent residence may be submitted by post or to the MI data container. Since the Act does not stipulate any deadline for submission of such applications, the issue of failure to satisfy the condition of submission in person will be addressed once the state of emergency has ended (the foreign national will be summoned to rectify the situation).

  • Applications for temporary residence for a family member of a citizen of the European Union
    Applications for temporary residence of a family member of a citizen of the European Union sent by post or to data container will be accepted by the Ministry of the Interior as if they have were submitted in person. The foreign national will not be required to report in person to the Ministry of the Interior office within 5 days. The issue of failure to satisfy the condition of submission in person will be addressed once the state of emergency has ended (the foreign national will be summoned to rectify the situation).
     

3. Deadlines for submission of applications, notification of changes and other matters

The declared state of emergency is deemed to be an obstacle beyond the control of the foreign national preventing him/her from submission of his/her application by the legally stipulated deadline (Section 47(3) and Section 60(4) of the Foreign Nationals’ Act). If the application for the granting or extension of residence authorisation is submitted after the legally stipulated deadline, in most cases the state of emergency will be accepted as relevant grounds for such late submission and the application will be accepted and processed in the standard manner.

If the applicant fails to meet a deadline for submission that falls after the end of the state of emergency, the applicant will be required to specify the grounds for late submission of his/her application and to substantiate the grounds on demand. Such grounds will be assessed on an individual basis. The absence of a sufficiently early appointment date or the fact that the foreign national has an appointment for submitting his/her application that falls after expiry of the deadline for submission of the application will not be deemed to be a reason beyond the control of the foreign national. All foreign nationals have the opportunity to send their application to the Ministry of the Interior by post, therefore allowing them to meet the deadline for submission of the application.

The state of emergency and the subsequent restricted operation of MI offices will also be taken into account during assessment of satisfaction of foreign nationals’ notification obligations (for instance notification of change of place of residence in the territory, change of marital status, new travel document) and other obligations (permanent residence permit extension).
 

4. Incomplete application submissions and the deadline for rectification

If a submitted application (except applications for issuance or extension of a long-stay visa) is incomplete (i.e. not all required issues were substantiated or documentation did not meet the necessary requirements), the Ministry of the Interior demands that the applicant rectifies the situation within a set deadline. The deadlines being set at present and following the end of the state of emergency in most cases will be longer than before the state of emergency was declared, due to the public’s limited access to state authorities. If a foreign national is unable to rectify the situation by the deadline set, he/she may apply in writing before the deadline expires for it to be extended or for suspension of proceedings. In his/her application, the foreign national should specify the reason why he/she needs the deadline extended or proceedings suspended.

  

5. EMPLOYING FOREIGN NATIONALS

1. Expiry of employee cards

Under the government’s crisis measure specified in Art. IV(3) of Government Resolution No. 495 of April 30th, 2020, the period following the termination of contractual employment, after which employee cards normally expire, is suspended and will cease to elapse for the duration of the state of emergency. This period will begin again to elapse as normal after the end of the state of emergency. If the contractual employment of an employee card holder terminated during the state of emergency or during the 60 days preceding the declaration of the state of emergency, not only did his/her employee card not expire for the duration of the state of emergency, but also the foreign national will have a further 60 days after the end of the state of emergency to change his/her employer.
 

2. Crisis notification of change of employer or position during a crisis

Under the government’s crisis measure specified in Art. IV(3) of Government Resolution No. 267 of March 19th, 2020, for the duration of the state of emergency employee card and blue card holders will be permitted to begin working under simplified conditions for employers who are implementing crisis measures or are assisting in their implementation.

After the end of the state of emergency, it will no longer be possible to submit crisis notification of change of employer or position. In other words, the last possible crisis notification may be delivered to the Ministry on the last day of the duration of the state of emergency (at latest by May 17th, 2020).
 

3. Opportunity to submit a notification of change of employer sooner than 6 months after collecting an employment card

After the end of the state of emergency, it will no longer be possible to proceed according to the crisis measure specified in Art. III of Government Resolution No. 267 of March 19th, 2020 and foreign nationals will no longer be permitted to change employer before the legally required 6-month period from receiving their first employee card.
 

4. Confirmation of satisfaction of conditions

Even after the end of the state of emergency, a confirmation of satisfaction of conditions of issuance will be sent by post or by data container at the request of a foreign national who satisfies the conditions for issuance of an employee card, blue card, or intra-corporate transferee card who needs to commence employment. If the employer wishes to apply for the aforementioned confirmation, he/she will have to present power of attorney empowering the employer to act on behalf of the foreign national.

Together with the confirmation of satisfaction of conditions, the foreign national will also be sent a written decision on issuance of the employee card, blue card or intra-corporate transferee card, which may be used instead of a biometric permit until that permit has been issued. Confirmation of commencing employment will no longer be required from the foreign national in such cases.
 

5. Undertakings of a subject accepting a foreign national on the territory of the Czech republic for the purposes of economic activity or educational activities

In the protective measure of the Ministry of Health on limiting the crossing of the state border of the Czech Republic that came into force on 1 July 2020, in point I/5 it orders “all subjects which accept foreign nationals for the purposes of economic activity or educational activities who entered the territory of the Czech Republic after 1 July 2020, to ensure for these foreign nationals:

  1. accommodation for the entire duration of their stay on the territory of the Czech Republic, including place where quarantine measures will be performed if they are ordered by a public health protection authority,

  2. healthcare or registered medical services provider for the entire duration of their stay on the territory of the Czech Republic, including coverage of healthcare if not ensured otherwise,

  3. return to country of origin if the purpose of stay on the territory of the Czech Republic expires”.

And point I/6 the orders: “all citizens of third countries to submit for their residence permission application, at the latest before the visa is marked in the travel document, at the relevant embassy of the Czech Republic, a document according to section 31 paragraph 3b) of Act No 326/1999 Coll., on Residence of Foreigners on the Territory of the Czech Republic and on amendments to certain Acts, as amended, which contains the undertakings of the subject according to point I.5”.

You can find more information here.

  

6. OTHER MATTERS

1. Notification of change of place of residence in the territory

Foreign nationals may notify the Ministry of the Interior of a change of place of residence in the territory in writing. If the foreign national holds residence authorisation, he/she must request a new permit at the same time. The foreign national may use the forms accessible on the Ministry of the Interior website to do so. The Ministry of the Interior will subsequently contact the foreign national and make an appointment to visit the office.
 

2. Loss, theft and damage to residence permits

Foreign nationals may report the loss or theft of a residence permit or a certificate of temporary residence and at the same time may request the issuance of a new document. The same applies if a residence permit is damaged. The foreign national may use the forms accessible on the Ministry of the Interior website to do so. The Ministry of the Interior will subsequently contact the foreign national and make an appointment to visit the office.
 

3. Extension of permanent residence permits

Foreign nationals may apply for extension of a residence permit in writing. The foreign national may use the forms accessible on the Ministry of the Interior website to do so. The Ministry of the Interior will subsequently contact the foreign national and make an appointment to visit the office.

  

7. CONTACTS

Ministry of Health of the Czech Republic

Ministry of Foreign Affairs of the Czech Republic

Ministry of Industry and Trade of the Czech Republic

Ministry of Transportation of the Czech Republic

Foreign Police

If you need assistance, you can use the services of Centers for Support of Integration of Foreigners or non-governmental organizations in the Czech Republic (NGOs). These organizations provide legal and social counseling, education, assistance when dealing with state institutions or emergency interventions. Services are free of charge, as NGOs receive funding from the state, local administration, EU or other sources. You can find more information here: https://www.mvcr.cz/mvcren/article/do-you-need-assistance-or-advice-are-you-in-distress-do-you-not-know-how-to-solve-your-situation.aspx.

  

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