From 1 January 2009, an integrated residency and work permit (Green Card) system has been introduced for employees from 12 non-EU/EEA countries:

  • Australia
  • Bosnia and Herzegovina
  • Canada
  • Croatia
  • Japan
  • Macedonia
  • Montenegro
  • New Zealand
  • Serbia
  • South Korea
  • Ukraine
  • USA

Citizens from these countries can now apply for a Green Card when seeking work in the Czech Republic instead of having to obtain a residency permit and work permit in separate proceedings.

The new Green Card process is much simpler and quicker, with a maximum overall processing time of 90 days.

Any vacancy reported to the Labour Office which is not occupied by a suitable employee from an EU/EEA country within 30 days may be given to a candidate from any of the 12 countries who holds a Green Card.

Workers from other non-EU/EEA countries must still obtain both a residency permit and a work permit and the employer must still obtain an employment permit. This process is complicated and often takes 5-6 months.

This change has many advantages but also a significant problem: employers are not allowed to choose the most suitable candidate from all applicants with the right type of Green Card but must appoint the first applicant to fulfil the formal requirements – in other words, whoever is first to submit all prescribed documents to the Czech embassy in their home country.

If the employer chooses to reject the candidate, it must start the entire recruitment process again with no guarantee that the next applicant will be any more suitable.

Law: amendment to the Employment Act and to the Foreigners' Residence Act

This article was written for Law-Now, CMS Cameron McKenna's free online information service. To register for Law-Now, please go to www.law-now.com/law-now/mondaq

Law-Now information is for general purposes and guidance only. The information and opinions expressed in all Law-Now articles are not necessarily comprehensive and do not purport to give professional or legal advice. All Law-Now information relates to circumstances prevailing at the date of its original publication and may not have been updated to reflect subsequent developments.

The original publication date for this article was 09/03/2009.