State of emergency in Czechia
What do you ask our lawyers most frequently
We know that the current situation may be very uncertain for many of our clients. Therefore, we prepared a list of your most frequently asked questions regarding the state of emergency and asked our lawyers to answer them.
1.
My residence permit has expired or will expire during the emergency state. Can I stay in the Czech Republic?
Yes. In general, if you stayed legally in the Czech Republic at the time of the declaration of the emergency state, you can stay here until the emergency state ends without any further approval from the Ministry of Interior of the Czech Republic (MOI). However, this does not mean that you do not have to deal with your residence issues at all. E.g. if you are staying in the Czech Republic for a long time and your residence permit which you want to extend in the future, is about to expire, you must submit the application to extend your permit at MOI.
We recommend that you always consult your individual case with the lawyer!
2.
What should I do if I want to leave the Czech Republic when the state of emergency ends?
After the presumed end of the state of emergency (May 17th, 2020) foreign nationals, who were in the Czech Republic legally at the time of the declaration of the state of emergency, will get further 60 days to fulfill their duty to leave the Czech Republic according to the Act on the Residence of Foreign Nationals. In this case the Police will not start the deportation process or the proceedings on the duty to leave the territory. In order to ensure a smooth return of foreign nationals to the country of origin, starting from May 4th 2020 the legality of their stay will be certified during border control by the special stamp in the travel document at the time of departure from the Czech Republic. The stamp will contain the date it was put on and the following text: “EXCEPTIONAL SITUATION COVID-19 PANDEMIC”. Thus the foreign national does not have to deal with the expired validity of the stay at the offices of the Ministry of the Interior or the Police of the Czech Republic. The Czech Republic informed all states about this procedure. Please note that foreign nationals who want to continue their stay in the Czech Republic and their long-term visa or long-term residence permit expires must apply for its extension!
3.
What should I do if I have to return to my country of origin?
If the situation really requires it, we recommend contacting your embassy or consulate.
4.
Are there any exceptions, wherein I can leave the Czech Republic during the state of emergency and then return to the country?
Foreigners holding a residence permit in the Czech Republic will be able to travel abroad, same as Czech citizens, starting from April 23, without verifying their purpose of travel at the border crossing. After returning to the Czech Republic, they must undergo a 14-day quarantine or submit a confirmation of a negative PCR test for COVID 19 not older than 4 days. Before the planned trip, we recommend verifying the current information about travel on the website of the Ministry of the Interior of the Czech Republic – https://www.mvcr.cz/docDetail.aspx?docid=22239079&doctype=ART&#Cestovani, or consulting your matter on one of the information lines provided on the website. The information lines work in Czech, English, Russian, French and Italian.
5.
Are there any exceptions for foreigners entering the Czech territory?
Prohibition of entry to foreigners (including EU citizens), with the exception of those with a valid residence permit, remains effective. The permission to enter the Czech Republic is newly extended to family members (spouses and underage children) of Czech citizens and EU citizens if they present a temporary or permanent residence permit, a birth certificate or a marriage certificate. However, they must announce the date and means of transport to the Czech Republic to a relevant Czech embassy in advance. They will also be subject to ordered mandatory quarantine upon entering the Czech Republic. You can find detailed regulations on entering the Czech territory here: https://www.mvcr.cz/soubor/pravidla-pro-vstup-na-uzemi-cr-a-karantenni-opatreni.aspx
6.
My residence permit expires during the emergency state. How can I extend my stay?
By the law, the application for extension of a visa or residence permit can be submitted by post. Now, the Ministry of the Interior also allows the submission by post of new applications for long-term residence (including employee card and blue card), permanent residence, temporary residence of a family member of an EU citizen and long-term or permanent residence of a child born in the Czech Republic. This way is even recommended in view of the need to pay the administrative fee for receipt of the application in the form of a revenue stamp.
We recommend that you always consult your individual case with the lawyer!
7.
The application must be accompanied by the original travel document and birth certificate. Should I also send it by post?
The MOI will accept a simple copy of the travel document (all its pages) and of the registry document.
8.
How can I change my employer in the current situation?
It still applies that there must always be a position in the register of vacancies for employee card holders. We recommend that you consult a lawyer for specific steps.
However, as of 21 March 2020, the condition to change the employer no earlier than 6 months after the decision to issue an employee card is abolished. Moreover, if the future employer implements or assists in carrying out crisis measures (e.g. health care activities, production of protective equipment, etc.), it is sufficient to notify the Ministry of Interior of this change no later than on the day of commencement of new work. The announcement of the change must be accompanied by the statement of the future employer and how it is involved in the implementation of the crisis measures. In this case, the Ministry will not send a notification to the notifier or to his future employer about their fulfilment.
The Blue Card holder is entitled to change employment in the same way.
9.
Can I change my employer to a job agency?
No.
10.
I work in the Czech Republic on a short-term Schengen visa, which expires during the emergency state. How can I renew my visa?
The validity of the work permit and the Schengen short-term visa for employment purpose expiring during the emergency state shall be extended at least until the end of the emergency state. The condition is an extension of the employment relationship (employment contract or agreement on work activity) with the same conditions as the previous contract. You must therefore agree with your employer.
11.
Is approach towards Czech and non-EU employees different in times of an emergency state?
Equal treatment of Czech and foreign employees applies. In cases such as quarantine orders, incapacity for work, necessary childcare, temporary non-allocation of work, temporary restriction or closure of operations, or ordering work from home, the employer must treat its foreign employees in the very same way as its Czech employees. You can learn more about the obligations of the employers towards its employees from third-countries here.
