EU Citizens Do Not Need Work Permits in the Czech Republic

Under Czech legislation, citizens of EU member states and members of their families are not considered foreigners and have the same legal position as citizens of the Czech Republic. The same legal position as Czech citizens is also enjoyed by citizens of the European Economic Area (EEA) and Switzerland and their family members.

The husband or wife or the partner of a citizen of the EU/EEA and Switzerland with whom he or she has entered into a registered partnership, disregarding his or her nationality, is considered a family member, and so are their offspring provided that they are under 21 years of age or are dependent on him or her, and the parent, if he or she is a citizen under 21 years old whom he or she maintains and with whom he or she lives in the same household, and a dependent direct relative in ascending or descending line, or such a relative of the husband or wife of an EU citizen. For the purpose of employment in the territory of the Czech Republic, a citizen of EU/EEA and Switzerland or his or her family member does not need a work permit in the Czech Republic. A family member who is not a citizen of the EU/EEA or Switzerland, however, is required to present to the competent Labour Office a document confirming that he or she is a family member of a citizen of the EU/ EEA or Switzerland. It can therefore be said that EU citizens do not require any Residence Permit for the territory of the Czech Republic and their right to settle anywhere within the framework of the EU is fully reflected by the Czech side in this respect. However, if an EU citizen decides to remain in the territory of the Czech Republic for a period of more than 30 days, he or she is required to report the place of his or her residence to the competent Aliens Police Office (depending on the place of residence). In the case of the EU citizen deciding to stay in the territory of the Czech Republic for a period of more than 30 days, he or she has the right (not obligation) to apply for a Temporary Residence Certificate. Here, it is worth mentioning that, although this is just a formal act concerning the right of the EU citizen, i.e. it depends on the person´s decision whether he or she applies for the Certificate of Temporary Residence or not, situations may occur where he or she will need the certificate. Until recently, this concerned cases such as e.g. applications for residential parking in parking zones in Prague, car registration in the Czech Republic, application for pension or life insurance, or just confirmation of a 5-year continuous temporary stay for the purpose of filing an application for Permanent Residence in the territory of the Czech Republic. Nevertheless, a family member intending to stay in the country for 3 months is required to apply for a Temporary Residence Permit. TEMPORARY RESIDENCE IN THE TERRITORY OF THE CZECH REPUBLIC

Temporary residence of the EU citizen or his or her family member is a type of Long-term Residence, which, as mentioned before, can only be accorded in the case of stays longer than 3 months. In the application, the applicant is required to prove the purpose of the stay. The following documents must be attached to the application: passport (to be presented only when submitting the application; the Ministry of the Interior will duly return it to the applicant); document proving the purpose of stay (work contract or agreement on work performed outside employment); health insurance certificate (need not be submitted in the case of the EU citizen or his family member becoming insured by entering employment); accommodation certificate (lease or sublease agreement, accommodation agreement or agreement with similar content, or duly filled “Accommodation Confirmation” form, to be found on the websites of the Ministry of the Interior). Instead of a document confirming the purpose of his

or her stay, the family member is required to submit a document proving that he or she is an EU citizen´s family member. The Temporary Residence Certificate should be issued to the EU citizen within 30 days and the Temporary Residence Permit of a family member within 60 days. Nevertheless, considering current practice, the procedure in the case of family members may take longer than the statutory deadline, by as much as several months. The positive aspect is that the family member of an EU citizen is entitled to stay in the territory of the Czech Republic and to work there for the duration of the proceedings, which may last up to several months. The Temporary Residence Permit is issued to an EU citizen without restriction; the Residence Permit for an EU citizen´s family member, if approved, is issued for a maximum period of 5 years.

PERMANENT RESIDENCE OF AN EU CITIZEN AND HIS/HER FAMILY MEMBER

After the lapse of 5 years of continuous temporary residence, the EU citizen and his or her family member are entitled to apply for Permanent Residence in the territory of the Czech Republic. The advantage is, especially in the case of the EU citizen´s family members, that they can obtain a Permanent Residence Permit for a period of 10 years, which can simply be renewed (without having to apply for the prolongation of the Permanent Residence). In the case of an EU citizen´s family member, it is even possible to apply for a Permanent Residence Permit already 2 years after his or her continuous temporary residence, provided that he or she has been a family member of a citizen of the Czech Republic, who has a Permanent Residence Permit, or a family member of a citizen of another EU member state, who is in possession of a Permanent Residence Permit in the territory of the Czech Republic. The EU citizen or his or her family member is required to attach the following documents to the Permanent Residence application: passport (its original only when filing the application; the Ministry of the Interior will return it to the applicant); document confirming that the condition of 5 years of continuous temporary residence, or 2 years of continuous temporary residence in the case of the family member of the EU citizen having been his or her family member for at least 1 year, has been fulfilled; document on the provision of accommodation (lease or sublease agreement, accommodation agreement or agreement with similar content, or filled “Accommodation Confirmation” form, to be found on the websites of the Ministry of the Interior).

THE EMPLOYER HAS THE OBLIGATION TO INFORM THE LABOUR OFFICE

The employer employing an EU/EEA or a Swiss citizen, or his or her family member, or the legal or physical person to whom those persons have been sent by a foreign employer, is required to inform the competent Labour Office, according to the place of work. The employer or the legal or physical person is required to inform the competent Labour Office of the the termination of the person´s employment within 10 calendar days of the date of the termination of his or her employment. In the case of a citizen of another EU/EEA member state or Switzerland losing employment in the Czech Republic, he or she may apply for employment at the nearest Labour Office (Labour Offices are to be found in all district towns) and register as a job seeker. A list of Labour Offices with contacts can be found at: https://www.uradprace.cz/.

EURES PUBLIC EMPLOYMENT SERVICES

When the Czech Republic joined the European Union, Czech Labour Offices became part of the EUREWS network, whose basic mission is to facilitate international mobility of the labour forces. EURES provides employment services offered by all the EU member states, Norway, Iceland, and Liechtenstein. Switzerland, too, has an agreement on participation in the EURES network. EURES services are provided to citizens and employers through https://www.uradprace.cz/web/en and by EURES advisers and contact workers at all Labour Offices in the Czech Republic.