Temporary protection for citizens of Ukraine fleeing from the war conflict who have requested and received allowed them to reside and freely access the labour market in the Czech Republic is valid only until 31. 3. 2023.
Introduction
Based on Act No. 20/2023 Coll., amending Act No. 65/2022 Coll., on certain measures in connection with the armed conflict on the territory of Ukraine caused by the invasion of the Russian Federation, as amended, and other related laws, as amended by subsequent regulations (the so-called Lex Ukraine IV) occurs due to the continuation of the conflict in Ukraine and based on the opinion of the EU Commission to extend. However, it is necessary to apply for this extension, until 31. 3. 2023.
In the article Procedure for getting employment for citizens of Ukraine coming to the Czech Republic, we informed you in detail about the obligations for the arrival of Ukrainian citizens fleeing the conflict in the Czech Republic, the possibilities of obtaining temporary protection, and the subsequent procedure for obtaining employment in the Czech Republic.
Entitlement to extend temporary protection is available to holders of temporary protection who obtained it in the year 2022. These are visa holders with the following codes: D/DO/667, D/DO/668, D/DO/669, D/DO/767, D/DO/768, D/DO/769 or D/VS/U.
However, temporary protection cannot be extended to persons whose temporary protection has expired or been withdrawn. You can find out how to obtain such an extension of temporary protection in this article.
Extension procedure temporary protection
Since the possibility of extending temporary protection applies to many persons, the process extension process is divided into two phases, consisting of (i) online registration and (ii) a personal visit to a Ministry of the Interior office.
1. Online Registration
Applicants for extension of temporary protection are obliged to register in the online system of the Ministry of the Interior until 31. 3. 2023, available at: https://prod.frs.gov.cz, which can be accessed only from the territory of the Czech Republic.
In the online system the applicant for an extension of temporary protection must provide:
- personal data,
- valid travel document number or visa tag,
- email a telephone number,
- current address of the place of residence in the Czech Republic.
Upon successful registration, a confirmation of the extension of temporary protection until 30. 9. 2023 will be sent to the e-mail address provided.
In case of failure to register online within the deadline, the temporary protection will expire on the 31. 3. 2023.
2. Personal visit to the Ministry of the Interior
After online registration, the applicants must make a reservation for an in-person visit at the Ministry of the Interior, where the citizen of Ukraine must appear no later than 30. 9. 2023 to receive the new visa sticker.
For the visit Ministry of the Interior, it is not possible to grant power of attorney to a third party and it is necessary to provide:
- a valid travel document (however, failure to have a valid travel document is not an obstacle to the extension of temporary protection); and
- proof of accommodation, such as a lease agreement (persons who are accommodated under the state emergency accommodation system or persons who applied for temporary protection after 27. 6. 2022 and have not changed their place of residence since are not required to provide the proof of accommodation).
If the visa sticker is received, the temporary protection will be extended until 31. 3. 2024. If the visa sticker is not received, the temporary protection will expire on the 30. 9. 2023.
Verification for employers
The extension of temporary protection should also lead to an extension of free access to the labour market – but for this to happen, the extension of the Law No. 66/2022 Coll. must be approved by 31. 3. 2023 – the status of the legislative process can be monitored here: https://www.psp.cz/sqw/historie.sqw?o=9&T=374.
Employers who employ persons granted temporary protection should require their employees to prove the extension of temporary protection to avoid committing illegal employment. If temporary protection expires, citizens of Ukraine lose free access to the labour market and cannot be legally employed in the Czech Republic.
In the first phase – i.e., from 31. 3. 2023 to 30. 9. 2023, it will be possible to prove the extension of temporary protection by a confirmation email about the extension of temporary protection and to verify the validity of the registration via the following link: https://prod.frs.gov.cz/overeni-potvrzeni/.
In the second phase, i.e., after 30. 9. 2023, persons will be able to prove the temporary protection via a visa sticker.
Procedure for persons not entitled to temporary protection
Citizens of Ukraine who are not entitled to temporary protection can obtain a visa for tolerating stay, which is now automatically extended until 31.3.2024.
After making an appointment at the Ministry of Interior, these persons will be issued a new visa sticker.
Holders of such a visa, however, do not have access to the free labour market and therefore need to be granted a work permit – an extension must be applied for at least 30 days before it expires. To access the labour market, such visa holders must apply for a work permit to work in the Czech Republic.
In the case of other residence permits such as employment cards, extensions will be granted in the standard way.
Conclusion
Given that temporary protection for citizens of Ukraine will expire without renewal on 31. 3. 2023, we recommend that all persons granted temporary protection, as well as their employers, pay attention to ensuring the extension of temporary protection.
If the above procedure for the extension of temporary protection is followed, citizens of Ukraine will be able to continue to reside and work in the Czech Republic.
If you have any questions about the extension of temporary protection or employment of foreigners and labour law in general, please do not hesitate to contact us.
Mgr. Kateřina Roučková, junior lawyer – rouckova@plegal.cz
Mgr. Jakub Málek, managing partner – malek@plegal.cz
28.02.2023