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New developments in the award of Blue Cards to highly qualified employees

There are two new developments currently coming into force in relation to the issuance of a Blue Card to highly qualified workers from third countries – the increase in the minimum wage and the possibility for (some) Ukrainian citizens to apply for the Blue Card. How will the changes play out in practice?

The Blue Card is a long-term residence permit granted to third-country nationals (outside the EU) who come to the Czech Republic to work in positions requiring high qualifications and university education, or higher professional education obtained over a minimum of 3 years. Let us describe in more detail the changes that regulate the rules for issuing the Blue Card.

1. Increase in the Minimum Wage for the Issuance of Blue Cards as of May 2023

In March 2023, the Ministry of Labour and Social Affairs published the 2022 average gross annual wage in the Czech Republic as a condition for the issuance of the Blue Card. The issuance of Blue Cards linked to high qualifications of employees come hand in hand with the requirement of a minimum wage that employers must provide to their employees. For the purposes of issuing the Blue Card, the minimum wage shall represent 1.5 times the average gross annual wage for the previous year. The average gross annual wage for the past period was CZK 484,236. As of 1 May 2023, the required wage will, therefore, be at least CZK 60,530 per month. The amount of gross wage has thus increased by more than CZK 3,700 compared to the previous period with the minimum wage set at CZK 56,759.

Blue Card holders who are already in the territory with a valid residence permit and would find themselves just below the newly required threshold need not do anything further at this time. Their contracts are still valid. However, when relocating new employees from abroad or extending the current stays of Blue Card holders, employers must already take into account the new wage rate. In doing so, the date of the decision to grant the Blue Card is crucial, not the date of application submission at the embassy.

2. Possibility of Applying for the Blue Card for Citizens of Ukraine

The new Government Decree No. 308/2022 Coll. of 22 March 2023 amends the original Decree on the determination of an exception to the inadmissibility of applications for a residence permit in the territory of the Czech Republic submitted to embassies. Until 31 March 2023, it was not possible for citizens of Ukraine to apply for any residence permit at the embassy except for study stays, stays for the purpose of family reunification, or scientific research. With the change being introduced by the new Government Decree, it will be possible for individuals that hold or have applied for temporary protection in another European state to apply for the Blue Card at the embassy in Lviv in order to be able to work in a highly qualified position in the territory of the Czech Republic. This change will thus enable greater labour mobility within the EU for Ukrainian nationals. However, despite this partial change, holders of temporary protection granted by the Czech Republic still cannot apply for any other type of residence permit (except for family reunification) and thus also for the Blue Card. Citizens of Ukraine who remain within the territory of Ukraine will also still not be able to apply for the Blue Card or an Employee card at the embassy. Thus, the new Decree will only affect a smaller number of potential applicants.

The Chamber of Deputies is also currently debating an amendment to the Act on the Stay of Foreign Nationals in the Territory of the Czech Republic to make this type of residence permit more accessible, as it is not being used as much as Employee cards. We will keep you informed about further changes.

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