State of emergency and its effect on employing foreigners

Validity of permits and visas
By the governmental resolution of 13 and 18 March, the validity of work permits and visas issued before the state of emergency was declared have been automatically extended if their validity were otherwise to expire within 60 days after the end of the state of emergency; they will only expire on the 60^th day after the state of emergency has ended. The extended validity is conditional upon a foreigner’s valid employment with a Czech employer throughout the state of emergency. Hence, this does not apply to foreigners temporarily posted in the Czech Republic by their foreign employer, as they do not have a direct employment relationship with a Czech entity. A similar rule was also adopted for agency employees.

Closing the borders of Schengen?
Although the EU announced its intention to close the Schengen Area borders for 30 days already last week, so far, they have only issued a recommendation to the member states on how to proceed with border checks. Priorities are to ensure safety, to maintain the free movement of goods and services, and, above all, to consistently check and medically examine persons crossing the external border. The EU also confirmed the individual member states’ power to temporarily regulate entry to their territory, including border checks.

Change of employer
By the governmental resolution of 19 March, the rules for employee card holders who decide to change their employer have been loosened. Under the Foreign Nationals’ Residence Act, employee card holders may apply with the Ministry of Internal Affairs’ Asylum and Migration Department for consent with them changing their employer no earlier than 6 months after their first card was issued, with some exceptions. Now it is possible to apply for such consent even before such 6 months elapse.

Another important change is in some specific cases the shortening of the period of the obligatory prior notice that employees must give of their intention to change an employer. Under normal circumstances, foreigners must notify the Ministry of Internal Affairs’ Asylum and Migration Department of their planned employer change no later than 30 days in advance; during this time, the department will inform the foreigner and the future employer whether the conditions for such change have been met. Now, if the future employer is carrying out emergency measures or contributing to them, it suffices that the change of an employer is announced to the department on the date when the foreigner has started their new job. The conditions are deemed complied with upon giving the notice. Employers carrying out emergency measures may include, for instance, companies manufacturing medical supplies.

Filing applications in the Czech Republic/approval deadlines
The Ministry of Internal Affairs’ Asylum and Migration Department currently does not allow for applications in foreign national’s matters (such as applications to extend residency permits) to be filed physically at its offices; a recommendation has been issued for foreigners to use postal services. This recommendation also covers applications that under the law foreigners should be filing in person. Furthermore, due to the current circumstances, delays in approving the applications already filed are to be expected. All appointments made with the department after 16 March have been automatically cancelled, and, as the department’s activity is now limited to the most urgent cases and activities, mostly will be rescheduled for after the end of the state of emergency.

Waiver of deadlines
Although delays in the state authorities’ approval of applications are to be expected, this does not mean that all deadlines have automatically been extended. The department has already announced that each application will be reviewed on an individual basis, while taking into account the difficulty of undertaking certain acts in person, as well as the worsened accessibility of postal services. Once the state of emergency ends, applicants will have 15 days to apply for a waiver of the missed deadline; together with the application, they should also undertake the acts whose deadline they have missed. The department at the moment expects to waive the missed deadline for acts that foreigners can undertake in person at one of the department’s offices or by post; it will, however not waive deadlines for individuals who can use a data box – either their own or that of an authorised representative.

Cross-border workers (commuters)
Cross-border worker traveling to work from/to the Czech Republic to/from the neighbouring states have been a hot topic. The authorities defined this category as workers who cross borders on a regular basis for the purpose of carrying out an economic activity, initially within 50 km from the state border, and now within 100 km. Cross-border worker status is only awarded to persons who cross the border several times a week, not those who stay in the Czech Republic for a whole week and only return to their home countries for the weekend. When crossing the border, these workers have to prove their compliance with these conditions by a certificate issued by their employer. From 21 March, they also must carry a cross-border worker’s booklet and produce it every time when crossing the border.

However, the situation of cross-border workers continues to develop dynamically: from 26 March, persons crossing the border with Germany and Austria will no longer be required to do so frequently; instead, they will be required to cross the border in 21-day intervals, with an obligatory two-week quarantine in between. On the other hand, they will be allowed to travel further than 100 km from the state border.

Updated list of high-risk countries
On 23 March 2020, the list of countries with a high risk of COVID-19 infection, maintained by the Ministry of Health, was updated. Australia, Israel, Canada, Malaysia, Portugal and the USA have been added to the list. As at same date, South Korea and China were removed from the list. Travellers returning from high risk countries must undergo an obligatory two-week quarantine.

Please note that the situation is developing constantly, and the above only summarises the most important measures affecting foreigners. If you need assistance in a specific situation, our immigration services team is available to you.