BEC Seminar: News in the Immigration Law. Brno, 14 November Mgr. Tomáš Petyovský, Attorney at law

Transcription

1 BEC Seminar: News in the Immigration Law Brno, 14 November 2017 Mgr. Tomáš Petyovský, Attorney at law

2 Overview of main changes Non-visa stay of citizens of Ukraine For holders of biometric passports only For stay shorter than 90 days only Non-economic stay only (all working activities are forbidden) Amendment of Act on Stay of Foreigners Amendment of Act on Employment Visapoint system termination from 31 October 2017

3 Amendment of Act on Stay of Foreigners and Employment Act Changes are applicable to third-country nationals only (i.e. out of EU) New obligations and responsibilities for foreigners New types of permits Since when? 15/8/2017

4 New conditions for governmental fees payment Filing the application CZK 1,500 / CZK 700 (younger than 15 y) Collection of biometric card CZK 1,000 / CZK (younger than 15 y) Paid in revenue stamps ( kolky ) New deadlines The same deadlines for all kinds of permit renewal (employee cards, blue cards, long-term residence permits etc.) The application for renewal can be filed 120 days at earliest and last day of the permit validity at the latest It is very important to start the extension procedure on time! Fiction of stay YES Fiction of employment YES

5 Termination of employment Employee Card If the employment relationship is terminated (the reason is not important) the Employee Card will be cancelled if it is not applied for the consent of change of the employer within 60 days for employment termination. Blue Card If the employment relationship is terminated (the reason is not important) the Blue Card will be cancelled if the duration of the unemployment exceeded 3 months and it is not applied for the consent of change of the employer or announced the name of the new employer within this deadline. Notification obligation within 3 working days.

6 Change of employer Consent with change of the employer - Employee Card: Application form Free vacancy Employment contract Diploma Proof that former employment still persists or was terminated not later than 60 days ago Consent should be issued within 30 days. It does not extend the current employee card. Consent is not required in case of exceptions or if you have work permit => announcement about change of employer within 3 working days

7 Change of purpose of stay Terms: Any purpose of stay => business purpose 5 years of stay Family reunification => any other purpose 3 years or after reaching 18 years of age Family purpose => any other purpose (excl. business) no limit Student purpose => any other purpose (excl. business) no limit Scientific research purpose => any other purpose (excl. business) no limit

8 Working Directors & Shareholders Executive Director + Shareholders staying based on Employee Card => Employee Card renewal is not possible Solution: Change of the purpose of stay on business residence permit + arrange work permit at Labour Office. Problem: Change is possible after 5 years of stay only x filing new application at Czech Embassy Strict assessment of the application It is not applicable for assigned directors

9 New types of permits Seasonal workers For industries determined by governmental regulation only (plant and livestock production, forestry, tourism, sports and recreational activities) Short-term (90 days) or long-term stay (6 months) Work permit issued by Labour Office required Investor Card Aim: Setting more favourable conditions for foreign investors Conditions: Important investment (75 mio CZK + 20 new vacancies), positive standpoint of Czech Ministry of Industry Processing time 30 days

10 New types of permits ICT Card Type of long-term residence permit for work and stay Employment on position of manager, specialist or trainee within intra-company transfer only. Processing time: 90 days. Maximal validity: 3 years. Assignment within the concern only Conditions: Previous employment in the concern for 6 months at the least and continuance of the employment in the concern after assignment in the Czech Republic Advantages: EU mobility Conditions for family members

11 What is yet to come? Another amendment of law is proposed by Ministry of Interior Affairs Better condition for students mobility Implementation of quotas on amount of foreigners in the Czech Republic (quota according to respective countries and quota according to industries) Adaptation-integration course Adoption is not sure yet

12 Useful information Info sheets of BEC - Web pages of Ministry of Interior Affairs: Our LinkedIn profile - All foreign documents have to be verified by the apostille or superlegalisation and translated to Czech by a sworn translator!

13 Questions & Answers Common questions Working students: Study at Czech University Full-time study form Accredited study program No limit of work given Long-term family residence permit & work Free access on Czech Labour Market valid for long-term residence permit, purpose of stay family reunification Code 95V If code 16 or 17, the employment is not possible = > change of purpose of stay No limit of work given

14 Thank you for your attention Mgr. TOMÁŠ PETYOVSKÝ Attorney at Law Tel.: Web: