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BREXIT

Brexit information 

  • Important notices
  • 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

Important notices

 Česky

Important notices

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.

BrexitMap-EN_-_20201118.jpg

  

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

Existing residence rights arising from the Withdrawal Agreement will be maintained for the United Kingdom (UK) citizens who have legally resided in the territory of the Czech Republic before December 31st, 2020. Legal residence can be proven primarily through a certificate of temporary residence, or permanent residence permit issued for the UK citizens before February 1st, 2020, or a residence document issued after February 1st, 2020 in the same format, with an "EU Withdrawal Agreement" stamp on page 2 for a temporary residence certificate and page 4 for a permanent residence permit. For this reason, it is important for all UK citizens who have been long-term residents in the territory of the Czech Republic to hold a temporary residence certificate or, in case of citizens residing in the territory of the Czech Republic for over 5 years, a permanent residence permit after December 31st, 2020.

The temporary or permanent residence certificate can be requested at the Ministry of the Interior by December 31st, 2020. For those residing legally, it will be possible to submit the application after January 1st, 2021 as well. However, a longer examination process of these applications can be expected due the need for a more detailed evidence to prevent the abuse of rights and fraud, and higher degree of discretion in case of application deficiencies.
 

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 a temporary or permanent residence permit.

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.
     

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

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.
    For the time after the end of the transition period, the Ministry of the Interior is currently drawing up legislation for those people whose rights are governed by the withdrawal agreement. Generally, British citizens and their family members who had the right to free movement before Brexit will be in a very similar legal situation to the present one within the Czech Republic, in line with the withdrawal agreement.
    British citizens who have never resided in the Czech Republic before or during transition period, will be treated as the third-country nationals from January 1st, 2021* and they will be subject to same rights, obligations and procedures as other third-country nationals without right to free movement.

    * Disclaimer: The transition period is due to last until 31 December 2020. The transition period can be extended according to the withdrawal agreement if the European Union and the United Kingdom of Great Britain and Northern Ireland agree to extend the transition period by July 1st, 2020.
     

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 certificate of temporary residence 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.

  

ENTERING THE CZECH REPUBLIC

What will change when entering the Czech Republic?

  • EU freedom of movement regulations will continue to apply during the transition period, which means that as a British citizen you continue to have the right to enter the Czech Republic.
    There will be no change in the process at passport control for British citizens during the transition period. You will be treated the same as before and can continue to use the EasyPASS system, for example.

  

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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