Bill to amend immigration law contains significant changes
11 Mar 19
IMPACT – MEDIUM
What is the change? A bill that is moving through the legislative process would amend the Act on the Residence of Foreign Nationals with several significant proposed changes for the employment of foreign nationals.
- The bill would adopt the EU Students and Researchers Directive, which eases and unifies rules for the entry and mobility of non-EEA researchers and students.
- Annual quotas, divided equally per month, would be set for long-term residence visas of more than 90 days for business purposes and for employment cards. If the quota is reached at a given embassy for the month, applications would no longer be accepted. The quotas would not apply to intra-corporate transfer categories or EU Blue Card applications.
- Applicants for employee cards would be required to prove that they are working for the specified employer before they could collect their biometric employee card in the Czech Republic.
- Employee card holders would be required to report changes of employer, worksite or employment in another job position to the Ministry of the Interior (Department for Asylum and Migration Policy) within 30 days prior to the change and no sooner than six months after the decision to issue an employment card. This change would mean that it would no longer be necessary to apply for the ministry to consent such changes.
- The employee card would no longer contain the employee’s current address. Foreign nationals would still be required to report address changes, but would not need to undergo biometric data procedures.
- Foreign companies assigning employees to work in the Czech Republic would be required to keep copies of documents, which must be translated into Czech, proving the employment relationship. Currently, this duty is the obligation of the receiving Czech company.
- Labor market testing for employee cards would be reduced to 10 days of advertising.
- Integration courses for foreign residents would be mandatory beginning in 2021 and would require a government fee.
Analysis & Comments: Employers and foreign visa and residence applicants should prepare for these potential changes. The bill was debated in the Lower Chamber in December and the various government agencies are currently developing opinions on the provisions related to foreign residents. The bill could change before it is adopted, but is expected to pass later this year.
Source: Deloitte LLP. Deloitte LLP is a limited liability partnership registered in England and Wales with registered number OC303675 and its registered office at 1 New Street Square, London EC4A 3HQ, United Kingdom.