Free Access to the Labor Market

Immigration
Mgr. Azra Drozdek

Free Access to the Labor Market

Unemployment in the Czech Republic has long remained low, and one contributing factor to this is the so-called free access of foreign nationals to the labor market. Many foreign nationals do not require a separate work permit for a specific position to work here legally. But who exactly does this apply to? Is the foreign national obliged to submit any documentation to their employer or the Ministry of the Interior? In this article, we will explain in detail the circumstances under which one must apply for a work permit and when it is not required.

Who is considered a family member?

Free access to the labor market most typically applies to foreigners who are citizens of the European Union, as well as their family members. Based on the founding treaties of the EU, they enjoy the right to free movement, which naturally includes the right to freely seek employment in the Czech Republic without any special authorization. A family member who is granted free access to the labor market is defined as:

  • a spouse or registered partner,
  • a child under the age of 21,
  • a child of a spouse or partner under the age of 21,
  • a parent of an EU citizen who is under the age of 21,
  • a dependent direct relative in the ascending or descending line,
  • a dependent direct relative in the ascending or descending line of the spouse of an EU citizen,
  • a person living in a common household with an EU citizen,
  • a person who, for health reasons, is unable to care for themselves without the personal care of the EU citizen.
     

Citizens of Norway, Liechtenstein, Iceland, and Switzerland, as well as their family members, enjoy the exact same status as EU citizens.

What about third-country nationals?

For third-country nationals, access to the labor market depends on their specific type of residence permit. Holding a valid residence permit is therefore the primary condition for being able to work legally in the Czech Republic. In addition to EU citizens, the following groups of foreign nationals also have free access to the labor market:

  • holders of a permanent residence permit.
  • students engaged in full-time study at a secondary school, higher vocational school, university, or a language school authorized to hold state language examinations.
  • pedagogical or academic staff at a university
  • citizens of:
    • United States of America,
    • Australia,
    • Canada,
    • the United Kingdom,
    • Japan,
    • South Korea,
    • Singapore,
    • Taiwan,
    • Israel.
  • holders of a long-term residence permit for the purpose of family reunification, provided they reside with a foreign national who:
    • holds a permanent residence permit,
    • holds a long-term residence permit,
    • is an asylee or beneficiary of subsidiary protection,
    • is a pedagogical or academic staff member,
  • asylees or beneficiaries of subsidiary protection.

Free access to the labor market 

Free access to the labor market signifies the freedom to seek and apply for employment without the need to finalize this process by obtaining a special work permit from any administrative authority. If you have free access to the labor market, your ability to work freely in the Czech Republic is not, for example, conditional upon securing a dual-purpose employment residence permit, such as an Employee Card or a Blue Card.

Practical Example

Imagine you are a university student starting your first semester and have just moved into a dormitory in Prague. You wish to earn some extra money with a part-time job during your studies, but you are unsure whether your residence permit allows this. Your long-term residence permit for the purpose of study inherently includes free access to the labor market, which remains valid for the duration of your studies. Consequently, you can work without any issues while studying; however, please bear in mind that you must still fulfill the primary purpose of your stay associated with your permit, meaning you must actively continue your studies.

To legally reside and work in the Czech Republic, however, you must first obtain the appropriate residence permit. At our law firm, EXPATLEGAL, we specialize in immigration law and possess years of experience in matters concerning the employment of foreign nationals. We will assist you with all necessary procedures to ensure you secure your residence permit as quickly and seamlessly as possible.

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