On 18 December 2024, the Chamber of Deputies approved a bill 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 troops of the Russian Federation, as amended, and other related laws (hereinafter as the “Amendment“).
With the not very diminishing number of refugees from Ukraine, the Amendment comes with simplification and updating of the conditions for obtaining temporary protection, but also with modification or significant tightening of the possibility for citizens of the Russian Federation to obtain Czech citizenship.
In the following article, we have prepared a summary of the most important changes.
Temporary protection
The Amendment again provides for the possibility of extending temporary protection for citizens fleeing Ukraine, who currently have the possibility to extend their protection until 31 March 2025. The draft amendment will take into account the possible issuance of a new decision of the Council of the European Union on the extension of temporary protection, therefore, in comparison to the currently effective regulation, it should be possible to extend temporary protection until 31 March of the following calendar year if the foreigner presents himself/herself for the marking of the visa tag by 30 September of the current calendar year.
The process of extending protection has again been left unchanged, so it still occurs in two phases. In the first phase, applicants are required to register via the web portal for foreigners, now no later than 15 March of the current calendar year. The second phase still consists of the obligation for the applicant to have a visa sticker affixed, on the basis of which protection will be extended, now until 31 March of the following calendar year.
However, there will be stricter requirements for applications for and extensions of temporary protection. The applicant will be required to submit:
i. travel document
ii. on request, proof of accommodation with an officially certified signature of the person who is the owner or authorised user of the flat or house where the applicant is staying.
Special long-term residence
Newly, Ukrainian citizens who decide to settle in the Czech Republic and no longer need temporary protection will be able to obtain a special long-term residence permit, which will entitle them to stay for 5 years.
This special type of long-term residence will be available to citizens of Ukraine who:
i. have stayed in the Czech Republic for more than two years
ii. hold a valid travel document
iii. are impeccable
iv. have secure housing
v. demonstrate economic self-sufficiency
vi. and independence from the social support system.
Applicants over the age of 18 will be able to express their interest in long-term residence through an electronic form available on the Ministry of the Interior’s website.
For children aged between 6-14 years, it will have to be documented that the child is either a pupil of a school registered in the register of schools and educational establishments in which he or she fulfils compulsory school attendance or educated under Section 42 of the Education Act if he or she is a person with a profound mental disability.
Tightening up the allocation of free emergency accommodation
There will be a change from the current regulation in the provision of free emergency accommodation. Accommodation will be provided free of charge only once, for a maximum of 90 consecutive days (compared to the previous 150 days) from the date of the first grant of temporary protection. Should a person refuse the accommodation allocated to him/her without a serious reason or should he/she leave the accommodation, he/she will be considered to have exhausted the maximum period of 90 days. The person will also have to disclose any change in the length of absence and the person must disclose the length of absence in writing to the operator before leaving the accommodation.
Among other things, there will be changes in the health care system, namely in the amount of the benefit for foreigners who are disabled or hold a disabled person’s card. The benefit will be increased by CZK 6,600 for children under 18 and CZK 4,400 for people over 18 years old.
Restrictions on acquisition of Czech citizenship for citizens of the Russian Federation
As part of the legislative process in the Chamber of Deputies, amendments to the original text of the Amendment included the issue of acquiring Czech citizenship unrelated to temporary protection.
According to the Amendment, the authorities could grant Czech citizenship to applicants who are currently citizens of the Russian Federation only if they renounce their Russian citizenship and provide proof of their loss of citizenship (in this case, an affidavit will not suffice). If the applicant fails to provide the document within the specified time limit, the Ministry of Internal Affairs will stop the procedure for acquiring Czech citizenship.
New offence of unauthorized activity for foreign power
In connection with the above, the Amendment introduces a new offence of unauthorized activity for a foreign power, consisting in the unauthorized collection of sensitive data, albeit not classified information, and its subsequent transfer to a foreign state. This offence will be punishable by a prison sentence of between 1 and 5 years.
Conclusion
The Amendment will bring many changes in relation to protection of refugees. The most important one, besides tightening the conditions for granting and extending temporary protection, will undoubtedly be the introduction of the possibility of obtaining long-term residence. Employers are therefore advised to check with their employees who hold temporary protection whether they have extended protection or are considering the possibility of long-term residence.
The Amendement is now awaiting signature by the President and subsequent promulgation in the Collection of Laws. If you have any questions about employment law in relation to the employment of foreigners, please do not hesitate to contact us.
Ráchel Kouklíková, legal assistant – kouklikova@plegal.cz
Barbora Součková, legal assistant – souckova@plegal.cz
Mgr. Jakub Málek, managing partner – malek@plegal.cz
6. 2. 2025