Brexit – What are the current provisions in Czech residence and employment law?
Immigration and residence
In order to determine which rules apply to UK citizens residing in the Czech Republic, it is necessary to determine whether the UK citizen entered Czech Republic before or after the end of the transition period i.e. 31.12.2020.
UK citizens who legally resided and / or worked in the territory of the Czech Republic before or during the transition period will not be subject to any change in relation to Brexit. However, these persons are obliged to prove that they were legally residing in the Czech Republic before the end of the transition period. The burden of proof rests on the British citizen residing in the Czech Republic. In practice, the UK citizen is required to provide an employment contract, lease agreement, etc., which shows that the contractual relationship started before the end of the transition period. This category of UK citizens shall also apply for a Certificate of Temporary Residence or Permanent Residence.
A British citizen posted to the Czech Republic for work before the end of the transition period shall receive a work permit issued by the competent Czech employment office.
UK citizen, who commutes to the Czech Republic for work (so-called cross-border worker), shall apply to the relevant labor office for a respective certificate. If such UK citizen decides to settle in the Czech Republic, a temporary residence permit shall be requested.
UK citizen who already has a temporary or permanent residence in the Czech Republic shall exchange his residence card for a biometric one in the period from August 2021 to August 2022.
UK citizen who plans to work, study or stay in the Czech Republic for a long time is seen as a third-country national, i.e., such UK citizen needs to obtain the relevant residence and work permit at the Czech embassy abroad.
UK citizens entering the Czech territory for the first time after the end of transition period shall be granted Long-term residence permit, similarly to the third country nationals. Long-term residence permit may be granted for the purpose of work, study, family reunification, business etc.
The law amending the Czech law on the residence of foreigners in the Czech Republic is currently being discussed in parliament. It is to be expected that the changes will take place this year. As soon as the final legal text is accepted, we will inform you.
It remains to be added that Trade and cooperation agreement between the European Union and the
European atomic energy community, of the one part, and the United Kingdom of Great Britain and Northern Ireland, of the other part only regulates certain forms of job mobility for business purposes, namely:
- Allows the transfer of employees from EU / UK based companies to work in an associated company based in the UK / EU for a maximum of 3 years (so-called intra-corporate transferees).
- Facilitates the movement of "contractors" or "independent experts".
- Allows so - called "business visits", which do not provide services, entry, short stay and the performance of certain activities.
Although the Agreement on Trade and Cooperation leaves the conditions for entry into the labor market of both parties to national regulations, it lays down detailed rules for the coordination of social security.
The agreement provides access to social security for all persons who have been or are subject to the regulations of the Contracting Parties. At the same time, the condition is set that the Agreement applies only to persons in the so-called cross-border situation.
The Trade and Cooperation Agreement regulates access to sickness and maternity benefits, all types of pensions, benefits for accidents at work and occupational diseases, and unemployment benefits. Family benefits, long-term care benefits and some other benefits are expressly excluded. This means that their provision will be governed exclusively by the national regulations of both parties, not by the Agreement.
Autor: Monika Wetzlerová-Deisler