ILN: Establishing A Business Entity: An International Guide

[ESTABLISHING A BUSINESS ENTITY IN CZECH REPUBLIC] 148

4.8 Residency and visas The majority of

4.8.2 Third-country nationals Regulation (EU) 2018/1806 of the European Parliament and of the Council lists the third countries whose nationals must be in possession of visas when crossing external borders and those whose nationals are exempt from that requirement. Some further exceptions applicable to the territory of the Czech Republic are also set in the national legal regulations. Third-country nationals not subject to the visa obligation may stay in Schengen states for up to 90 days within a 180-day period from their first entry. The duration of individual stays in different Schengen states cumulates. Third-country nationals subject to the visa obligation may enter and stay in the Schengen area only on the basis of a uniform visa for stays up to 90 days (short- term Schengen visa) which allows the holder to stay on the Schengen territory for the period stipulated in the visa, which does not exceed 90 days within a 180-day period. The 90-day period starts from the date of first entry into Schengen territory. Those who have already stayed in Schengen states for 90 days within a 180-day period must leave the Schengen area unless they are in possession of a Schengen visa with limited territorial validity or a national residency title issued by a Schengen member state, such as a long-term visa or a long-term residence permit. Long-term visas are granted for the specific period of the stay corresponding to the purpose of the stay and the validity of the submitted documents but have a maximum duration of one year. Generally, if the validity of a long-term visa is shorter than one year and if the purpose of the stay still

Czech immigration regulations are contained in the Act on the Residence of Aliens in the Czech Republic No. 326/1999 Coll., as amended, and Regulation (EC) No. 810/2009 of the European Parliament and of the Council of 13 July 2009, establishing a Community Code on Visas (Visa Code). The basic rules regarding EU and non- EU nationals are as follows: 4.8.1 Residency of EU nationals All EU nationals who work or live in the Czech Republic enjoy equal treatment, the same as Czech nationals, in regard to commencing work or taking up a position as a statutory body member with a Czech company. For such purposes neither a work permit nor a visa is required for an EU member state national. If an EU national is employed with a Czech employer only a notification form must be filed and passed over for statistical purposes to the local labour office. An EU member state national does not need a temporary or permanent residence permit to reside in the Czech Republic. An EU member state national is only obliged to register with the Local Office of the Foreign Police if they expect to stay in the Czech Republic longer than 30 days. A similar regime applies to family members of EU nationals who reside in the Czech Republic with an EU national and who hold a valid temporary or permanent residency permit issued by another EU/EAA/EFTA member state. The family members of EU nationals, who intend to reside in the Czech Republic with the EU national for a period longer than three months, are however obliged to apply for a temporary residence permit within three months of entering the Czech Republic.

ILN Corporate Group – Establishing a Business Entity Series

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