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BREXIT

PLEASE NOTE: In connection with the amendment to the Act on the Residence of Foreigners effective from August 2nd, 2021, the website is currently under construction and is being continuously updated. Thank you for your understanding. 

  • Latest updates and important notifications
  • General information
  • Residence of UK citizens from January 1st, 2021
  • Implications of Brexit in the Area of Home Affairs
  • Information of the Ministry of the Interior for UK citizens
  • Press releases
  • Frequently asked questions
  • Other links

Latest updates and important notifications

 Česky

Latest updates and important notifications

Agreement on trade and cooperation between EU and UK was among the instruments signed on December 30th, 2020. This Agreement is provisionally applied since January 1st, 2021 back to back with the end of transitional period pursuant to Withdrawal Agreement, which terminated on December 31st, 2020. The Agreement regulates also police cooperation and judicial cooperation in criminal matters.

As far as protection of personal data is concerned, the Agreement contains transitional provision, which allows, for up to six next months, transfer of personal data from the EU to the UK, unless there is substantial change of domestic British rules or the European Commission adopts decision on adequate protection of personal data in the UK. For this transitional period, the transfers of personal data to United Kingdom are not regarded as transfers to third countries and therefore are not constrained by limitations stipulated by EU rules, in particular General Data Protection Regulation (2016/679/EU). Thus, the legal situation for controllers and processors does not change for the time being.

It should be noted that this agreement does not address the issue of the regime citizens of the United Kingdom and of the Member States of the European Union present in each other’s territory before 1 January 2021. Therefore, for this situation the arrangements made in the withdrawal agreement and information already given in the past in this section (BREXIT) apply.   

  • The transition period ended on 31 December 2020. The Ministry of the Interior therefore calls upon all citizens of the United Kingdom and their family members who wish to enjoy the benefits arising from the withdrawal agreement to apply as soon as possible for a registration certificate or temporary residence permit or, for those who have lived in the Czech Republic for more than 5 years, a biometric permanent residence permit or card.   

    The Ministry of the Interior also recommends that such citizens take note of the new regime applicable since 1 January 2021 and related aspects, including restrictions on mobility due to Covid-19 (see here for more information).
     
  • On 2 August 2021, an amendment to Act No. 326/1999 Coll. on the Residence of Foreign Nationals came into force, taking into account changes introduced by the withdrawal agreement and addressing the format of the new biometric residence permits for citizens of the United Kingdom and their family members. This amendment lays down the obligation of all citizens of the United Kingdom and their family members to whom the withdrawal agreement applies to exchange their current residence document for the new biometric permit by 31 August 2022. Such exchange of documents means the issuance of a new permit with the same validity and the same expiry date as the original document. Exchange of documents takes place free of charge; each foreign national must apply for a replacement document him/herself, paying a new administrative charge of CZK 200 per application.

BrexitMap-EN_-_20210813.jpg
Download (pdf, 40 kB)

  

General information

 Česky

General information

On February 1st, 2020, the United Kingdom left the EU. The Withdrawal Agreement provides for a transition period until December 31st, 2020 during which EU law continues to apply to the United Kingdom (for more info see Agreement on the Withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union and the European Atomic Energy Community (pdf, 2,4 MB)). It aimed to ensure that the main political and economic links between the European Union and the United Kingdom were not severed from one day to the next upon departure. The transition period should also provided the time needed to negotiate the future relationship.

Agreement on trade and cooperation between EU and UK was among the instruments signed on December 30th, 2020. This Agreement is provisionally applied since January 1st, 2021 back to back with the end of transitional period pursuant to Withdrawal Agreement, which terminated on December 31st, 2020. The Agreement regulates also police cooperation and judicial cooperation in criminal matters.

Guide for UK citizens in the CZ (pdf, 40 kB)

  

Residence of UK citizens from January 1st, 2021

 Česky

Residence of UK citizens from January 1st, 2021

CITIZENS' RIGHTS

The residence rights arising from the withdrawal agreement remain in place for UK citizens who were legally resident in the territory of the Czech Republic before 31 December 2020. Legal residence may be proven by presentation of a confirmation of temporary residence, or a permanent residence permit issued to UK citizens before 1 February 2020, or a residence document of the same format issued after 1 February 2020, bearing a stamp with “UK Withdrawal Agreement” on page 2 (in the confirmation of temporary residence) or page 4 (in the permanent residence permit) or by presentation of a biometric residence permit bearing the stamp “článek 50 Smlouvy o EU” (“Article 50 of the Treaty on EU”). For this reason, as of 31 December 2020, it is important that all UK citizens living long-term in the Czech Republic hold a confirmation of temporary residence or a registration certificate or, for UK citizens resident in the territory of the Czech Republic for over 5 years, a permanent residence permit.   

You may apply to the Ministry of the Interior of the Czech Republic for a biometric registration certificate, temporary or permanent residence permit. Legally resident persons covered by the withdrawal agreement may make their first application for a residence document even after 1 January 2021, nevertheless such applications may be expected to take longer to process due to the need for more in-detail investigation to prevent cases of abuse of such rights and bogus applications, and a higher degree of administrative consideration of errors in applications.  

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VISA

UK citizens travelling to the Czech Republic after December 31st, 2020 will fall into the third country citizens’ category. For stays in the territory of the Czech Republic exceeding 90 days the UK citizens will have to request a long-term visa or long-term residence at the diplomatic mission of the Czech Republic. The Czech Republic will start accepting the applications for the entitlement to long-term residence from UK citizens on January 1st, 2021. The UK citizens will be entitled to submit the long-term residence applications at all diplomatic missions of the Czech Republic abroad, i.e. the applications can be submitted not only through the Czech embassy in London, but also at other diplomatic embassies of the Czech Republic within the EU, e.g. in Berlin, Brussels, Bucharest, Dublin, Sofia, Warsaw, Vienna or Zagreb.

As far as short-term stays not exceeding 90 days during any 180-days period are concerned, UK citizens will be obliged to apply for a Schengen visa only if they travel to the territory of the Czech Republic to perform profit-making activities. The above mentioned period includes stay in both the Czech Republic and other countries of the Schengen area.
 

COVID-19

Please be aware that due to the EU coordination on temporary travel restrictions from third countries to EU+, after January 1st, 2021 UK citizens might be allowed to travel to the EU/Czech Republic only in justified cases. If, due to the unfavourable epidemiological situation, the UK is not listed as a safe country from epidemiological perspective, persons who do not hold a residence permit or do not fall into the exempt categories will not be able to travel to the Czech Republic at all.
 

BORDER REGIME

With effect from January 1st, 2021, UK nationals and British citizens benefitting from the Withdrawal Agreement will not be able to undergo border checks at the designated EU/EHP/CH checkpoints. They will not be able to use the easyGO system for automatic border control either.

The border checkpoints are sufficiently staffed, nevertheless, longer waiting times in the checkpoints queues can be expected with regards to the flights scheduled. Another factor which will prolong the waiting time is the detailed border check procedure of nationals within the meaning of Article 8(3) of the Regulation of the European Parliament and of the Council 2016/399 (Schengen Border Code), which includes more operations.

In the future, UK citizens will be subject to a registration procedure in the entry/exit system (EES) and an obligation to hold a travel permit obtained through the European Information and Authorisation System (ETIAS). This, however, does not apply to those benefitting from the Withdrawal Agreement - they will be outside the scope of EES and ETIAS, as they will have the right to free movement and residency.

  

Implications of Brexit in the Area of Home Affairs

 Česky

Implications of Brexit in the Area of Home Affairs

CITIZENS' RIGHTS

Based on the withdrawal agreement, there are no changes during the transition period on the existing rights of British citizens and their family members residing in the Czech Republic. After the end of the transition period, the citizens of the United Kingdom and their family members who have resided in the Czech Republic and continue to reside here after 31 December 2020 will retain all their existing rights associated with their stay in the Czech Republic. In order to preserve these rights, it is necessary to prove legal status in the Czech Republic, for example, by holding the relevant residence document confirming temporary or permanent residence.

In this context, the Czech Republic published recommendations for the citizens of the United Kingdom of Great Britain and Northern Ireland and their family members residing in the Czech Republic who intend  to continue to reside here after 31 December 2020 (recommendation of the Ministry of the Interior of the Czech Republic for the Citizens of the United Kingdom of Great Britain and Northern Ireland in connection with the brexit (pdf, 114 kB).
 

POLICE COOPERATION

Cooperation of the Czech and UK law enforcement authorities during the transition period was (on the basis of the Withdrawal Agreement) regulated by the existing EU rules. Since January 1st, 2021 the Trade and Cooperation Agreement is provisionally applied instead; this Agreement covers e.g. use of fingerprint data, DNA profiles or data of air transport passengers. This Agreement also stipulates conditions for the cooperation between United Kingdom and EU agencies, such as Europol. In some areas, such as search for offenders, is the cooperation based on Interpol or international agreements and domestic rules.
 

PERSONAL DATA PROTECTION

The EU rules form the basis of data protection in both the Czech Republic and the United Kingdom. These rules continued to apply (on the basis of the Withdrawal Agreement) even after Brexit until December 31st, 2020. Since January 1st, 2021, a transitional provision of the provisionally applied Trade and Cooperation Agreement shall be used. According to this provision, transfers of personal data from EU to United Kingdom are not considered transfers to third country, unless UK changes its domestic data protection rules substantially or Commission adopts a decision on adequate protection of personal data in the UK. Personal data transfers between the Czech Republic and the United Kingdom are thus without changes for following six months as a maximum. The Czech Republic prefers to keep the data protection rules of the European Union and the United Kingdom as compatible as possible even after the end of the transition period and the transfer of personal data between the Czech Republic and the United Kingdom as simple as possible. Therefore it supports adoption of decision on adequate protection of personal data. However, the decisive factor in this regard will be the evaluation of actual level of protection of personal data in the United Kingdom which must be prepared by the Commission.

  

Information of the Ministry of the Interior for UK citizens

Press releases

Frequently asked questions

 Česky

Frequently asked questions

HOW DOES BREXIT AFFECT ME?

You have British citizenship as well as citizenship of another European Union Member State

  • As an EU citizen, you will continue to have the right to freedom of movement that is to move and reside freely anywhere in the European Union, regardless of Brexit. You will also be able to keep your British citizenship. For more on EU citizens' rights, see: EU citizens and their family members.

What you should do

  • If you have not yet done so, ensure that the Czech authorities, in particular the Ministry of the Interior, are notified of your other citizenship. If you intend to stay in the Czech Republic for more than three months apply for a certificate of temporary residence. Registration of residence is not obligatory for the EU citizens but we recommend you to register. Otherwise, the authority will not be aware that you have an ongoing right to freedom of movement.
     

You have both British and Czech citizenship

  • As a Czech citizen, you have right to reside, to enter and to leave the territory of the Czech Republic. All Czech citizens are the EU citizen, which means you will continue to have the right to freedom of movement that is to move and reside freely anywhere in the European Union, regardless of Brexit. As a British citizen, you may nonetheless be able to invoke additional rights from the withdrawal agreement (concerning recognition of professional qualifications, etc.) You will be able to keep your British citizenship.
     

You are a British citizen and a family member of an EU citizen

  • If you are a family member of an EU citizen, you will retain the right to freedom of movement regardless of Brexit. You will be entitled to move and reside freely anywhere within the European Union if you accompany or join your family member who is an EU citizen. For more information who is an EU citizen and his family member, please, check relevant section of our website.
     

What you should do

  • If you are a family member of Czech or another EU citizen with a permanent residence permit and you have been living in the Czech Republic for more than two years, please, apply for a permanent residence permit.
     

You are a British citizen, you do not have citizenship of any other European Union Member State and you are not a family member of an EU citizen

What you should do

  

RIGHT OF RESIDENCE

Does the new Trade and Cooperation Agreement between the European Union and the United Kingdom affect UK citizens who were resident in the Czech Republic (a Member State of the European Union) before 1 January 2021?

  • No, the new agreement does not regulate in any way the treatment of UK citizens who were resident in the Czech Republic (a Member State of the European Union) before 1 January 2021. In this case, we refer to the regulation in the Exit Agreement and the information on the Ministry of the Interior website.
     

Will I be allowed to stay in the Czech Republic as a British citizen?

  • Yes, you will. When the withdrawal agreement came into force, a transition period began and it will last until December 31st, 2020. During this time, the United Kingdom will essentially be treated as an EU Member State. In terms of residence law, for the duration of the transition period set out in the withdrawal agreement, British citizens and their third-country national family members will be treated as though the United Kingdom were still a European Union member state. EU freedom of movement regulations will continue to apply during this time.
    The Ministry of the Interior of the Czech Republic has prepared legislation to ensure the replacement of the relevant older residence documents with new biometric residence permit cards certifying rights under the withdrawal agreement as of 2 August 2021. After 31.12.2020, British citizens and their family members who have resided in the Czech Republic during the transitional period remain in a comparable situation to EU citizens in terms of their residence rights.
    British citizens who have never resided in the Czech Republic before or during the transition period, as of 1 January 2021, are considered third-country nationals and are subject to the same rights, obligations and types of procedures as other third-country nationals without the right of free movement.

Who will be able to invoke rights under the withdrawal agreement?

  • The withdrawal agreement applies to all British citizens and all EU citizens who currently have the right to freedom of movement and who are living in the UK or in the EU at the end of the transition period, as well as to their family members.
    If you are a British citizen or a family member of a British citizen and you moved to the Czech Republic before the end of the transition period, you will be able to invoke the rights set out in the withdrawal agreement as long as you continue to live in the Czech Republic.
    To be able to invoke any rights under the withdrawal agreement, please, apply a registration certificate or a permanent residence permit, if you have not yet done so.

Does the new agreement between the European Union and the United Kingdom regulate the rights of residence of the British citizens living in the territory of the Czech Republic before January 1st, 2021?

  • No, the new agreement does not regulate in any way the rights of residence of British citizens living in the Czech Republic (the member state of the European Union before January 1st, 2020. These issues have been already governed by the withdrawal agreement – see the information on the Ministry of Interior website.

  

REPLACING YOU RESIDENCE PERMIT WITH A BIOMETRIC PERMIT

I am a British citizen and the withdrawal agreement applies to me and my family members. Do I have to replace our current documents for new biometric permits? Is there a deadline for doing so?

  • Yes, biometric documents provide a higher level of prevention against falsification than older types of document. The move to biometric documents is the trend across Europe and we follow this trend also with regard to combating terrorism, and cross-border human smuggling and trafficking. An amendment to Act No. 326/1999 Coll. applicable as of 2 August 2021 taking into account changes introduced by the withdrawal agreement and stipulating the format of new biometric permits for citizens of the United Kingdom and their family members. This amendment laid down the obligation for you and your family members, if affected by the withdrawal agreement, to exchange their current residence documents by 31 August 2022 for biometric residence permits. Exchange means the issuance of a new permit with the same validity and the same expiry date as the original document. Exchange of documents takes place free of charge; each foreign national must apply for a replacement document him/herself, paying a new administrative charge of CZK 200 per application.

     

ENTERING THE CZECH REPUBLIC

What will change from 1 January 2021 on return or initial entry to the Czech Republic?

  • After the end of the transitional period, the rules for third-country nationals will apply to you (whether or not you are covered by the withdrawal agreement) and to your third-country family members, if any, at checks on entry to and exit from the Czech Republic. This means that you will no longer be able to use the separate lanes for EU/EEA/CH citizens or the EasyGo system at airports, and you will have to undergo a thorough check of all the conditions for entering the Schengen area. Be prepared for passport control to take longer than before.

  

RIGHT TO VOTE

I have British citizenship only, can I vote in the Czech Republic?

  • No. After Brexit you will no longer have the right to vote or to stand as a candidate in the municipal elections and the elections to the European Parliament (foreigners cannot vote in any other elections).
     

I have both British and Czech citizenship, can I vote in the Czech Republic?

  • Yes, Czech citizens can vote and stand in all elections.
     

I have British citizenship and citizenship of another member state, can I vote?

  • Yes. Citizens of other member states, who have a permanent or registered temporary residence in the Czech Republic,
    - can vote in the municipal elections, if they request to be registered in the addendum to the voters list
    - can vote in the European Parliament elections, if they request to be registered in the European Parliament elections voters list.

    If you have been previously registered in the addendum to the voters list (in case of the municipal elections) or in the European Parliament elections voters list and the municipal authority in your place of residence is aware of your dual citizenship, you do not have to do anything. You can vote again in the same type of elections as you have done in the past. You can check your registration at your municipal authority.
    If you have been previously registered in the addendum to the voters list (in case of the municipal elections) or in the European Parliament elections voters list and the municipal authority in your place of residence is not aware of your dual citizenship, you have to request to be registered again.

  

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