An unpleasant holiday surprise for foreigners

In addition to hot summer weather, August brings a significant amendment to the Act on the Residence of Foreigners in the Czech Republic. The amendment will come into force on 2 August 2021.

Previously, EU citizens were entitled to register their residence in the Czech Republic. Now, this entitlement has been replaced by an obligation. Instead of a temporary residence certificate, EU citizens will now be issued a registration certificate; however, previously issued temporary residence certificates will remain valid. The obligation to replace the documents of third-country nationals with newly issued documents containing biometric elements is intended to improve document security. This obligation will affect the family members of both UK and EU citizens. UK citizens and their family members must apply for free replacement of their existing documents with biometric documents by 31 August 2022.

A noticeable tightening can be observed in the legal regulation of EU citizens‘ family members. Until now, to reunite a family, it was sufficient for an EU or Czech citizen of whom the foreigner is a family member to be registered only for temporary residence in the Czech Republic. However, from 2 August registration for permanent residence will be required. Distant family members will then be required to submit, among other things, proof of the family‘s total monthly income after reunification in addition to the application for a temporary residence permit.

A controversial addition is the obligation of a foreigner who will stay in the Czech Republic for more than 90 days to take out comprehensive health insurance exclusively with the VZP Insurance Company. This change is undoubtedly contrary to competition law due to the monopolistic position of the VZP Insurance Company.

Another addition is that any processing of an EU citizen or his/her family member will be subject to an administrative fee of CZK 200, which can only be paid in stamps.

In many respects, I do not consider the new legislation to be a step in the right or Euroconform direction, not least because it shortens the right to family reunification and forces these EU citizens to register for permanent residence in the Czech Republic. Therefore, it cannot be ruled out that the Constitutional Court will in the future deal with the above-mentioned innovations in the Act on the Residence of Foreigners - indeed, it would not be the first time.