
How to legally work/do business in the Czech Republic in the ASAP mode
The stay of foreigners in the territory of the Czech Republic is regulated especially by Act No. 326/1999 Coll., on the Residence of Foreign Nationals in the Czech Republic as amended, and Regulation (EC) No., 810/2009 of the European Parliament and the Council on the Community Code on Visas and Council Regulation (EC) No. 539/2001, which establishes a list of third countries whose nationals must have a visa when crossing the external borders, as well as a list of third countries whose nationals are exempt from this obligation.
The current practice in the matter of the process of obtaining employment cards/visas/long-term residence permits has changed significantly in the Czech Republic. The current migration policy of the Czech Republic focuses on the migration of qualified workers from third countries in order to give incentives to foreign investors to do business in the Czech Republic and to secure qualified employees for Czech companies in accelerated procedure. The Czech Republic has therefore extended number of programs supporting economic migration with aim to ease the process of obtaining residence and work/business permit.
The government economic migration programs are targeted at investors operating in the Czech Republic with an organizational component in the Czech Republic and abroad. Furthermore, the programs are intended for research organizations, technology companies as well as start-ups and newly founded companies that request the accelerated employment of foreign workers, from top managers to production workers. The process of obtaining residence permit for the foreign workers has been significantly accelerated within the programs supporting economic migration. If all conditions are met, it is possible to receive residence permit within 1 month.
The economic migration programs with effect from September 1, 2019 – Key and Scientific Employee Program, Highly Qualified Employee Program and Qualified Employee Program - were supplemented with a new Digital Nomads Program with effect from July 1, 2023, Pilot Project with effect from December 13, 2023 and Work Migration from Indonesia Project from June 19, 2024.
Key and Scientific Employee Program aims to support important Czech and foreign investors, research organizations, technology companies and start-up companies that need to bring foreigners in positions of statutory bodies, managers or specialists to the Czech Republic. On the employees’ side it aims at intra-company transferred specialists, managers and workers in the position of statutory bodies and for newly hired employees who perform activities in main classes 1 - 3 of CZ-ISCO in the field of production, services or in public sector (with the exception of healthcare professions) and their family members without territory limitation. Program participants are guaranteed the possibility of application submission for an employee card or business visa and application processing within 30 days from its submission.
Highly Qualified Employee Program aims at reputable direct employers who need to bring highly qualified foreign employees to the country. On the employees’ side it aims at newly hired employees who perform activities in main classes 1 – 3 of CZ-ISCO in the field of production, services or in public sector and their family members without territory limitation. Program participants are guaranteed the possibility of application submission for an employee card.
Qualified Employee Program aims at supporting reputable direct employers who need to bring highly qualified foreign employees to the country. On the employees’ side it aims at newly hired employees who perform activities in main classes 4 – 8 of CZ-ISCO in the field of production, services or in public sector from the specified countries - Ukraine, Mongolia, Serbia, Philippines, India, Belarus, Moldova, Montenegro, Kazakhstan, Armenia, Georgia and North Macedonia. Program participants are guaranteed the possibility of application submission for an employee card.
Digital Nomads Program aims at highly qualified and top employees and self-employed persons and their family members from the IT field, who often work only on clearly defined programs in an international environment, from the specified countries - Australia, Japan, Canada, the Republic of Korea, New Zealand, the United Kingdom of Great Britain and Northern Ireland, the United States of America or Taiwan. Program participants are guaranteed the possibility of application submission for a business visa or visa for the purpose of “others” (as an employee of foreign employer with the possibility of long-distance work) and processing the application within 45 days of its submission.
Pilot Project aims at supporting of organizations providing pilots education, which has specified certificates for training at the territory of the Czech Republic. On the foreigners‘ side it aims at future professional pilots who have been accepted for commercial pilot CPL(A) or transport pilot ATPL(A) training by a Czech organization that holds the Certificate of Approved Organization for ATO Training issued by the Civil Aviation Authority of the Czech Republic and that can provide theoretical and practical training for obtaining a CPL(A) commercial pilot license and/or an ATPL(A) commercial pilot license, from the specified countries - Armenia, Azerbaijan, China, Philippines, Ghana, Georgia, India, Indonesia, Kazakhstan, Kenya, Malaysia, Maldives, Nigeria, Tajikistan, Uzbekistan, Ukraine or Vietnam. Program participants are guaranteed the possibility of application submission for a visa for the purpose of “others”.
Work Migration from Indonesia Project aims at supporting reputable Czech industrial and manufacturing companies with more than 500 full-time employees requesting to bring at least 100 Indonesian employees. The employees to be part of this project must be Indonesian nationals aged 21-29, who are students/graduates of the Indonesian polytechnic school listed in the annex to the project text, who will perform full-time work in a position classified in main class 7 (Craftsmen and repairmen) of CZ-ISCO. Program participants are guaranteed the possibility of application submission for an employee card.
It is highly recommended that you consult each individual case and current legal practice with immigration law specialized law firm.
Jaroslav Brož, Partner Svatava Pospíšková, Executive Assistant |
|