New rule allows employees to work while awaiting work permit renewal

IMPACT – MEDIUM

What is the change? A new law allows non-EU nationals to continue working in the Czech Republic while their renewal applications for work and residence permits are pending.

What does the change mean? Provided they have filed for an Employee Card (which functions as a joint work and residence permit) at least 15 days before the expiration date of their old permit, non-EU nationals can continue working and living in the Czech Republic while their application is pending.

• Implementation time frame: The law took effect Aug. 17.
• Visas/permits affected: Employee Cards (work and residence permits).
• Who is affected: Employers and non-EU nationals working in the Czech Republic.
• Business impact: The change means employees will be able to continue working without interruption while renewing Employee Cards.

Background: The Czech Republic implemented the EU Single Permit Directive in June 2014 and began issuing single-permit Employee Cards. At the time, applicants were experiencing significant processing delays and, in some cases, non-EU nationals were not able to obtain new permits before their old permits expired. Although a “fiction of stay” provision in the immigration law allowed non-EU nationals to remain in the country if they applied for renewal within 15 days of their old permit’s expiration date, they were not allowed to work while awaiting renewal. A recent amendment to the Act on Employment fixes that problem and allows non-EU nationals to continue working in the Czech Republic while their application for an Employee Card is pending. The amendment took effect Aug. 17.

BAL Analysis: The change is welcome news to employers and non-EU nationals working and living in the Czech Republic as it will provide for uninterrupted employment in cases where applications are delayed. Employers and non-EU nationals must be sure to submit Employee Card applications at least 15 days prior to the expiration date of their work and residence permits, or risk losing status.

This alert has been provided by the BAL Global Practice group and our network provider located in the Czech Republic. For additional information, please contact your BAL attorney.

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