November 5, 2018

The Impact of Brexit on British Citizens Living in the Czech Republic

THE IMPACT OF BREXIT ON BRITISH CITIZENS LIVING IN THE CZECH REPUBLIC

 

The Treaty of Lisbon stipulates the two year period for the procedure of withdrawal from EU membership. The two year term for Great Britain will occur on March 29, 2019 at midnight CET and we therefore, should think now about the impact of the BREXIT on the British citizens and their residency in Czech Republic (as non-EU members), if the agreement will not be concluded. What might be the potential consequences if there should be no interim period, are described below.

 

As a realistic option the British citizens might be considered as a “third-country nationals” in the Czech Republic (i.e. citizens of countries neither members of the EU, nor the citizens of Iceland, Liechtenstein, Norway and Switzerland, including their family members). In the case of no-deal BREXIT they will have to obtain the long-term visa or other kind of Czech residency (or passport if they are eligible).

 

In consideration could be taken a visa for a stay over 90 days. British citizens will be able to apply for this visa in London or in other country of permanent or long-term residence, unless UK has an exception. The application should be submitted on the relevant form with all the necessary requirements stated by law. The applicant should always submit originals or certified copies of the documents and they must be always officially translated into the Czech language. Foreign public documents must be also supported by a higher verification (Apostille or superlegalisation). This visa could be issued for the purposes of study, business, family reunification, etc. Such visa holder will be allowed to stay in CR for several years.

 

The long-term residence permit is usually granted in the Czech Republic following the visa over 90 days. Let’s look at one of the possibilities, which is a family reunification. The long-term residence permit for family reunification can be granted primarily to the spouse of a foreigner that has a long-term or permanent residence permit in the Czech Republic, the minor child, or adult dependent child of a foreign national in possession of a long-term or permanent residence permit in CR, etc. The long-term residence permit for family purposes is generally issued for a period corresponding to the validity of the residence permit issued to the person with whom foreigner will be reunited.

 

A temporary residence permit for a family member of an EU citizen. This might be another possibility how to obtain a Czech long-term visa. The visa application must be submitted by a family member of an EU citizen. As a family member Czech law considers e.g. the spouse or a registered partner, parent of an EU citizen under 21, who takes care of him/her, a person who has a permanent partner relationship with an EU citizen, which is not a marriage and with whom he lives in a common household, etc. The application must be filed to the Ministry of the Interior on the territory of the Czech Republic, i.e. this time not at the Czech Embassy, within 3 months after arrival in CR. The validity period of the temporary residence permit is up to 5 years with the possibility of extension.

 

Similar to employee card, EU Blue Card could entitle a foreign national to stay and perform a job in the Czech Republic, where high qualification of the employee is required. The applicant must have a completed university education or higher vocational education, the duration of which was at least 3 years. The Blue Card combines a long-term residence permit in the Czech Republic and a work permit. The Blue Card is issued for a particular job and could be issued for a maximum period of 2 years with possible extension.

 

An employee card entitles its holder to reside in the territory of the CR and to work in the job for which the employee card was issued. An employee card, in contrast to the EU Blue Card, is intended for all types of employment regardless of the qualifications of the employee. An employee card is issued for the duration of the employment agreement and maximum validity period is 2 years with possible extension.

 

The options mentioned above show a possible option for British citizens who live currently in the Czech Republic in case of the hard Brexit. The good news is that rutland & partners law office is highly specialized in the Czech permit matters and we are always prepared to help you with your residency in CR.

 

 

For more information please contact:

 

 

Lenka Morávková, attorney at law
rutland & partners, advokátní kancelář s.r.o.
Tel: +420 226 226 026
Email: lenka.moravkova@rutlands.cz

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