Major changes to Foreigners’ Residence Act
Apart from implementing the EU Blue Card Directive into Czech law, the amendment to the Act on the Residence of Foreign Nationals introduces other fundamental changes from 1 July 2023.
Permanent residence
The conditions for granting permanent residence permits to foreigners who have met the requirement of five years of continuous residence in the territory of EU member states as Blue Card holders have changed. Permanent residence shall be granted to a foreigner who as a Blue Card holder has resided in the Czech Republic for at least two years. Furthermore, the time of stay for the purpose of scientific research and studies and the time over which the applicant was a holder of international protection in another EU member state shall also be included in that period. At the same time, a foreign national’s absence from the territory may not exceed 12 consecutive months, and in total 18 months (previously 560 days). However, if the holder of a Blue Card issued by another EU member state has resided in its territory for less than 12 (previously 18) months, this period will not count towards the continuity of residence.
Long-term residence permits for family reunification
A less welcome change is the abolition of the possibility to apply for a long-term residence permit for the purpose of family reunification by an adult dependent foreigner. Before the amendment, such foreign nationals, largely students at foreign universities with parents residing in the Czech Republic based on a long-term residence permit, could reunify with the main applicant for residence. Under the new rules, they will have to find another purpose of stay (e.g., study), or use short-term visas to travel to the Czech Republic.
Collecting the residence card
The statutory deadline for a foreign national to visit to the Ministry of Interior’s office to take biometric data in connection with collecting a residence card has been extended from three days to 30 days from their arrival in the Czech Republic.
Embassy jurisdiction for filing applications
It will be more difficult for foreigners to file applications based on local consular jurisdiction. If a third-country national wants to apply for a visa, long-term residence, or permanent residence at an embassy of the Czech Republic in the country where they hold a valid long-term or permanent residence permit, they can now only do so if they have resided in that country continuously for at least two years. The reason is to prevent the abuse of local consular jurisdiction.
Changes in access to health insurance
From 1 January 2024, all foreigners under the age of 18 who have a valid long-term residence permit regardless of its purpose shall participate in public health insurance. If a holder of a long-term residence permit has arranged private health insurance for foreigners valid until 31 December 2023, they are obliged to report to the public health insurance company of their choice within 8 days of the end of the validity of their insurance and register for public health insurance. If a holder of a long-term residence permit has arranged longer private health insurance, they shall become a participant in public health insurance the day after the end of the private health insurance.
Finally, please note that all proceedings initiated prior to the effective date of the amendment to the Act on the Residence of Foreign Nationals (i.e., before or on 30 June 2023) will be completed in accordance with the previous wording of the act.