ILN: ESTABLISHING A BUSINESS ENTITY: AN INTERNATIONAL GUIDE

[ESTABLISHING A BUSINESS ENTITY IN CZECH REPUBLIC] 151

Third-country nationals who hold long-term visas are entitled to file an application for a long-term residence permit if they intend to reside in the Czech Republic for a period longer than one year and if the purpose of stay is the same as indicated on their long- term visa. A long-term residence permit can be continuously extended. The application for a long-term residence permit and the application to extend the long-term residence permit must be submitted at the earliest 120 days before the long-term visa or the long-term residence permit expires and at the latest before the long-term visa or the long-term residence permit expires. Applicants can apply for a visa at the Czech embassy in their country of origin (for certain third countries the application can be filed at any Czech embassy) and for a long-term residence permit, with certain exceptions, at the relevant department of the Ministry of the Interior. The applications to have a long-term visa or a long-term residence permit extended can be submitted at the relevant department of the Ministry of the Interior. The application should be decided within 15-30 days (short- term Schengen visa), 90 days (or 120 days in complicated cases) for a long-term visa, or 60 days for a general long-term residence permit. With certain exceptions, long-term visas and long-term residence permits for employment purposes are no longer granted. All non-EU nationals applying for work in the Czech Republic and intending to reside in the Czech Republic for more than 3 months are required to obtain an employment card, a blue card or an intra- corporate transferee card. These are specific residential titles allowing a non-EU national simultaneously to reside and work in the Czech Republic. The employment

card is a general residence title for employment purposes whereas the blue card is intended for highly skilled employees, as a university education and relatively high salary are required and the intra-corporate transferee card is intended for selected employees, namely managers, specialists and trainee employees who are subject to an intra-corporate transfer to the Czech Republic. With certain exceptions, applications for an employment card, a blue card or an intra-corporate transferee card must be submitted, in person, by an applicant at a Czech embassy. In certain cases, such as when a non-EU national intends to reside in the Czech Republic for fewer than 3 months, he/she is posted by his/her foreign employer to perform work in the Czech Republic, or he/she is employed as a seasonal worker, a work permit is required in addition to a Schengen visa (residence up to 3 months); or a long-term visa (such as a seasonal worker whose residence exceeds 3 months) or an employment card (posting of an employee, other cases) is required. In these cases, a non-EU national applies for a work permit and subsequently for an appropriate residence permit. Applications for a work permit are submitted by the applicant, or by an attorney authorized under a power of attorney, to the relevant Labour Office, generally before his/her arrival in the Czech Republic. A work permit is usually issued within 30-60 days of the application being submitted. Under specific conditions, such as when a non-EU national has completed his/her education in the Czech Republic, the obligation to obtain a work permit may be avoided. * * * This memorandum is for information purposes only and reflects the law on 1 October 2023.

ILN Corporate Group – Establishing a Business Entity Series

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