Tax 

Transposition of the EU directive

The reports on the transposition of Directive 2004/114/EC and Directive 2005/71/EC showed a variety of flaws and the need to perform several changes. For the sake of clarity, the EU decided to rework both directives and replace them with a new one.

For this reason, the European Parliament and the Council approved on 11 May 2016 Directive 2016/801/EU on the conditions of entry and residence of third-country nationals for the purposes of research, studies, training, voluntary service, pupil exchange schemes or educational projects and au pairing (hereinafter “Directive 2016/801/EU”). EU member states have until 23 May 2018 to enforce legal and administrative regulations necessary to achieve compliance with this Directive. The primary changes will concern particularly the provisions on long-term residence permits for study purposes and the definition of the term “studies”. The main changes are summarised below.

  • Introduction of long-term residence for the purposes of job seeking or initiation of business activity. This residence purpose will be intended for university students after the end of their studies in the country and for research workers who have completed their research activities. in these cases they will be allowed to remain in the territory of the Czech Republic for up to 9 months in order to look for employment or initiate business activity. However, this permit will not automatically mean the granting of the right to access the job market or to initiate business activity.
  • Obligation to attend adaptation and integration courses. The efforts for the integration of foreigners residing in the territory of the Czech Republic in the long-term will no longer be on a voluntary basis only – the element of limited and corresponding obligation will be introduced: the conditions for residence in the country will include (in certain cases) the obligation to attend an introductory adaptation and integration course for new arrivals within one year of receiving their Czech residence permit. The amendment introduces this obligation due to the identified necessity to inform foreigners especially about their rights and obligations as soon after their arrival in the Czech Republic as possible.
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