Temporary protection period extended; foreigners must register online
In the November 2022 issue of Tax and Legal Update, we informed you about a government bill extending temporary protection of Ukrainian refugees by one year. During January, the amendment successfully passed through all stages of the legislative process, and, with its effective date, the Ministry of the Interior of the Czech Republic launched the process to extend temporary protection. The extension of temporary protection is taking place in a coordinated manner in the European Union.
The draft amendment (referred to as Lex Ukraine IV) discussed by the government at the end of November 2022 envisaged two possible scenarios, both extending the temporary protection for another year. One option assumed an automatic extension, the other made the extension conditional upon the foreigner's registration via the internet portal of the Ministry of the Interior of the Czech Republic and a subsequent visit to the respective office of the Department for Asylum and Migration Policy to have a visa sticker placed in one’s passport. In the end, the second, more demanding option was chosen, also to keep track of temporary protection holders residing in the Czech Republic.
On 30 January 2023, the ministry launched its new Foreigners Reservation System (FRS) for online appointments, which allows all temporary protection holders to register to extend their status. By registering in the system and completing a simple form, their temporary protection will be extended until 30 September 2023. At the same time, the foreigners can choose the date when they are to appear at the office of the Ministry of the Interior of the Czech Republic to obtain the visa sticker. That will further extend their temporary protection until 31 March 2024. The assigned date can only be changed once. Also, employers should not neglect their notification obligation under the Employment Act and inform the Labour Office about the extension of their employees’ temporary protection status.
The system does not allow including more than one adult person under one registration. Each adult person must provide a unique email address. Joint registration is only possible for minors.
All benefits such as free access to the labour market or health insurance coverage shall also be extended.
By registering for the extension of temporary protection and obtaining a new visa sticker, all benefits granted under this residence permit shall be also extended. Foreigners will thus continue to have free access to the labour market, education, and public health insurance. If foreigners do not register for the extension on time (by 31 March 2023 at the latest), their temporary protection will expire, and they will have to submit a new application. The same scenario awaits those who fail to appear to the MOI office to obtain a new visa sticker by 30 September 2023. These situations must also be monitored by employers, as the foreigners whose temporary protection has expired lose free access to the labour market, and their continued employment would thus be contrary to the law. The solution would be to submit a new application for temporary protection.
To conclude, please note that the amendment does not affect the (prohibition of) transition to standard residence permits, or the (inadmissibility of) ‘secondary migration’ – i.e., granting temporary protection in the Czech Republic to persons who have already applied for it in another EU member state. The long-term scenario or future developments are still not clear and will have to be resolved in further amendments to this act.