Key and Research Staff Programme
The answer lies in the Key and Research Staff Programme ("Program klíčový a vědecký personál").
This program is open to several types of employers. These include, among others, the "start-up" category or the "newly established company" category, which may also be relevant for a startup. In both cases, specific criteria must be met to fulfill the respective definition, but the condition that blocks entry into most other programs – the requirement to have been established for at least 2 years, is waived. How should you choose, and which category should you enter?
For the purposes of this program, a start-up is defined as a young (established no more than 7 years ago), innovative company developing a unique product with high growth potential. A typical characteristic is the need for external investment for further development and to bring the product to market. To prove a start-up meets this definition, it must provide at least one of the following proofs:
- Participation in an incubation program: The company is (or will shortly become) part of a verified incubator or accelerator listed on the program's official partner register.
- Capital connection with an investor: The startup has incorporated a technology investor from the list of approved entities into its structure.
- Own innovative potential: If the startup does not cooperate with a specific investor or incubator, it can demonstrate its eligibility by submitting a pitch deck or business plan. These must prove the uniqueness of its solution, a functional business model, and the potential for rapid growth.
If the company does not meet these criteria, it may qualify as a newly established company. This category applies to an entity that plans to fill key positions with foreign nationals and intends to employ at least 20 workers (or at least 10 in the IT sector) within two years of its establishment. In addition to this commitment, it must either apply for an investment incentive or present a lease agreement securing commercial premises. Failure to fulfill the commitment to hire the required number of employees may result in the employer's removal from the program.
In addition to these specific conditions, the company must also comply with the general rules of the program, notably having no outstanding debts to state institutions and maintaining a clean record with the Labor Inspectorate, meaning no fines for illegal employment within the past two years. However, start-ups and newly established companies have a number of exemptions in this regard; for instance, they can replace the certificate of tax indebtedness with a simple decision on tax registration, and during their first two years of existence, they are not required to prove they have no outstanding social security debts.
Who can be recruited into the company this way? The program is intended for employees in legislative and executive positions, as well as specialists and technical and professional staff. Start-ups can also secure residence permits for their statutory representatives via a long-term visa for the purpose of doing business, or for intra-corporate transferee managers or specialists.
What Advantages Does the Program Offer?
- Processing speed: The state guarantees the processing of a residence permit application within 30 days of submission, which is significantly faster than standard procedures (for comparison: 60 days for an Employee Card or 90 days for a Blue Card).
- Simplified administration: When applying for an Employee Card or an Intra-Company Employee Transfer Card, the employer may replace certain mandatory documents (e.g., proof of accommodation, employment contract, or proof of professional competence) with their own written confirmation (Note: This does not apply to Blue Cards!).
- Guaranteed appointment at the embassy: Foreign workers are assigned a binding, priority appointment to submit their application at the respective Czech diplomatic mission abroad.
- Relocation of the entire family: The program's benefits and the option for expedited application processing also extend to immediate family members (spouses and children), who can travel together with the employee.
- Fewer official translations: If a criminal record extract is issued in English (or is multilingual, including English) and contains no record of conviction, it can be submitted without an officially certified translation into Czech.
- Legal flexibility: Holders of Employee Cards issued under the program have the right to change employers even before their card's validity period expires (unlike standard Employee Cards outside the program, where an employer change is only permitted 6 months after issuance at the earliest).
- Exemption from integration courses: Participation in the program constitutes grounds for exemption from the requirement to complete the adaptation-integration course, which is otherwise mandatory for foreign nationals.
What Should You Watch Out For?
It is important to note that there is no legal entitlement to participate in the program. The decisions are made on an individual basis by the program's guarantor, which in this case is the CzechInvest agency. An employer's inclusion in the program is valid for 1 year. After this period, certain documents must be resubmitted.
For visas for the purpose of doing business for stay of over 90 days and Employee Card applications, quotas may be established for specific countries; if the quota for a given period has already been exhausted, it will not be possible to apply for the respective residence permit. An employer may be excluded from the program for up to a year if they seriously violate its conditions, for example by abusing the program's purpose, providing false information, failing to pay statutory levies, or using the program for purposes other than those specified.
Conclusion
The program offers start-ups an attractive opportunity to recruit professionals from third countries under simplified and expedited conditions. Despite this, however, only a handful of companies have taken advantage of the startup category under the program so far. One explanation is that, given the nature of start-ups and their life cycle, these companies primarily opt for collaborations outside of traditional employment relationships in their early stages, using so-called contractors instead. However, the current immigration rules for obtaining business visas are strictly set. We will see whether the upcoming Startup Act and proposed changes to immigration legislation will alter this situation.