Aliens Act Amendment – what should you do before it comes into force on August 15th, 2017?

On August 15, 2017 crucial changes in the Alliens Act are coming into force, we would like to point out the most significant changes:

  1. Transition to a long-term residence with the purpose of business

Since the amended Act is in force it will no longer be possible to change the purpose of your stay after 2 years of residency but only after 5 years. It means that if you are a holder of a long-term residence permit in the Czech Republic (for example with the purpose of employment, i.e. the employee card) for more than 2 years and plan to change it for purpose of business, do it before August 15th, 2017. When the amendment enters into force, it will be possible only after 5 years of residence in the territory.

  1. Application for permanent residence from the fiction of residence

To apply for a permanent residence, the standard condition of 5 years of continuous residence in the territory of the Czech Republic must be fulfilled, currently the period of so-called fiction of residence, i.e. the period of ongoing proceedings on an application for a permit is counted and during this period you can legally stay in the territory until the decision on the application is issued. However, the amended Aliens Act changes this. The period of fiction of residence will be included in the period of continuous residence for the purpose of permanent residence only if the application for a long-term residence is decided on positively. Therefore, the decision on your application for permanent residence permit will not be issued until your long-term permit (or its extension) is granted, and moreover, if the application for a long-term permit is denied, the period of the fiction of residence will not be included in the continuous residence and you will lose eligibility for the application for permanent residence. If you are in the Czech Republic for longer than 5 years and plan to apply for permanent residence, do it now!

  1. Family members of Czech citizens without residence permit

Under the new rules, if you are a non-EU family member of a Czech citizen and you are staying in the Czech Republic currently without a residence permit or on an exit order, you will not be able to apply for an application for a temporary residence in the Czech Republic anymore.. Instead, you will be obliged to travel outside of the country and apply for a Schengen visa via Embassy to enter the Czech Republic again. If this is your case, apply for the temporary residence now!

  1. Employee card for shareholders, executive directors or members of co-operative

Currently, if you are a shareholder or executive director of a company while at the same time you work for the same company, you need to have both separate work permit and an employee card. After August 15, 2017, you will be allowed to continue working for the company until validity of your employee card expires, however it will no longer be possible to extend it. You will have to transfer your permit to a long-term residence permit with a purpose of business or apply for employee card, which unites work and residence permit.

If you need to adjust your type of permission or just consider your options, please do not hesitate to contact us.