One of the main changes that the bill amending the act regulating the stay of Ukrainian refugees in the Czech Republic shall bring is the possibility to obtain a special long-term residence permit and thus step out of the temporary protection regime. Upon residing for a required period of continuous stay in the Czech Republic, persons who were granted such long-term residence permit shall be allowed to apply for permanent residence, leading to a possibility to permanently settle in the Czech Republic.
Approximately 380 000 Ukrainian refugees are currently residing in the Czech Republic. 117 000 of them works and 180 000 would like to stay here even after their temporary protection expires. According to Andrea Krchova, the director of Consortium of non-governmental organizations working with migrants in the Czech Republic, more than 60 % of Ukrainians are employed below their skill level.
Since January 2024, persons who have been granted the temporary protection may apply for the extension of its validity until March 31st, 2025. They may do so only if the temporary protection was not granted this year. Such extension consists of two phases. The first one was the online registration done through the Informational portal for foreigners, otherwise the validity of their temporary protection was automatically ended by March 31st, 2024. The second part is the fulfillment of the obligation to bring all the necessary documents to the Ministry of Internal Affairs, Department for Asylum and Migration Policy upon scheduling an appointment, during which the applicant will be given a so-called visa sticker, which will extend their temporary protection until March 31st, 2025.
We can help you with obtaining all the necessary documents. Do not hesitate to contact us.
Another change that came in the beginning of 2024 concerns the possibility to deport temporary protection holders if they were found guilty of committing a crime in the Czech Republic. Such persons will no longer have the possibility to stay in the Czech Republic until their temporary protection expires and they will be obligated to return to Ukraine upon the conviction entering into force.
In connection with the uncertainty concerning the European regulation of the stay of Ukrainian refugees in the EU, the Czech Republic issued a draft amending the act regulating the stay of Ukrainian refugees in the Czech Republic – the so-called Lex Ukraine 7. This amendment extends the validity of temporary protection in the Czech Republic until March 2026. A major change that this bill shall bring is the possibility to obtain a special long-term residence permit. Although it is officially called “special”, the permit shall be issued in the same regime as if the applicant was any other foreigner and not a holder of temporary protection. The intended period of validity of this long-term residence permit is 5 years.
An applicant for the special long-term residence permit must meet the following conditions:
- residence with temporary protection in the Czech Republic for the duration of at least two years, with the exception of an applicant who is under the age of 18 years old and will be applying together with their family
- no criminal record
- economic self-sufficiency, which will be proven by an annual aggregate income for a set period of time and by a minimal annual income tax base, both set by the government
- independence from humanitarian benefits – the foreigner must not be their recipient for a period of time set by the government
- valid travel documents
- school attendance of children aged 6-14 yrs. in the school year preceding the application for a long-term residence permit.
The Ministry of Internal Affairs is going to create a so-called list for registration, which will include all Ukrainian refugees who meet the conditions listed above. Submitting the application for a special long-term residence permit, i. e. registration, will be conducted through an electronic form, which is not the standard procedure that other foreigners must follow.
Persons, who will not meet the conditions listed above, and therefore will not be included in the list for registration, will remain holders of temporary protection. There shall be a major change from the lawmaking point of view since it is no longer going to be necessary to amend the act regulating the stay of Ukrainian refugees in the Czech Republic every year, as it currently is. Therefore, the process of extending the validity of temporary protection should not change in the foreseeable future, at the very least not drastically.
Czech authorities would not be able to review each application submitted by a holder of temporary protection individually, which is one of the reasons for creating the list mentioned above. Considering the number of temporary protection holders, in order to make the process of obtaining a long-term residence permit more efficient, the only way for Ukrainian refugees to apply for such residence permit is going to be together with all their family members, with whom they live and who are holders of temporary protection as well.
Family in this context is going to include:
- spouses of the temporary protection holders
- minor children of a temporary protection holder, including children who were entrusted to their care, children, whose guardians they are or who were adopted by the holder of temporary protection
- foreigners older than 65 years old, or regardless of age, who for their health conditions are not capable of taking care of themselves.
Persons who are going to obtain a special long-term residence permit, shall have the possibility to apply for permanent residence after 5 years of continuous stay in the Czech Republic.
Temporary protection holders do not need any special permit to work in the Czech Republic. This shall remain unchanged for persons who are going to obtain the special long-term residence permit. It is important to note that for the purpose of applying for permanent residence, the period of stay under (previous) temporary protection will be counted as one half of the total period of continuous stay, i. e. two years of continuous stay under the temporary protection will count only as one year of continuous stay. However, the period of validity of special long-term residence permit will be counted for its full duration, i. e. 5 years of having a special long-term residence permit will count as 5 years of continuous stay, if the foreigner had been residing in the Czech Republic.
Foreigners, who are not temporary protection holders, in general may change the purpose of their stay. For example, if the foreigner is a student and applies for a labor card, in case he intends to only work in the Czech Republic, the purpose of their stay is going to change resulting in obtaining a new long-term residence permit. However, for persons who were granted the special long-term residence permit such change of the purpose of their stay shall not be possible. The possibility of judicial review of the rejection of an application for temporary protection is excluded, which shall remain unchanged.
This bill entering into force shall be a major change and for a significant number of Ukrainian refugees should bring a permanent solution to their uncertain future residence status. Temporary protection holders have been often seeking consultation regarding the future of temporary protection, if and for how long it will be extended, if and under which circumstances it is going to be possible to legalize their stay after the temporary protection or the war conflict in Ukraine ends, etc. This bill potentially gives answers to all these questions and for those refugees, who would like to permanently settle in the Czech Republic and are economically active, this bill shall bring the possibility to obtain, in principle, a standard residence permit. This bill brings certain differences to the standard process of applying for a long-term residence permit by taking into consideration that currently and especially by the time it enters into force, Ukrainian refugees had been residing in the Czech Republic for some time and therefore had been at least partially integrated in the Czech society. As an example, they will not have the obligation to undergo an adaptation and integration course in order to obtain a special long-term residence permit. We will closely monitor the legislative procedure regarding this bill and its final version. If you will need any help with obtaining a residence permit in the future, or you are seeking a preliminary consultation to see if you will meet the conditions for obtaining one, do no hesitate to reach out to us.
Our specialists are following all the changes in Czech immigration legislation. Reach out to us and we will solve any and all your issues.
