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Employing someone from abroad - what to keep in mind?

Writer's picture: Kristýna RichtrováKristýna Richtrová

Employing foreigners and unsure what to pay attention to or how long it takes to obtain a work visa? Check the brief summary below!

 

CANDIDATE WHO IS NOT IN THE CZECH REPUBLIC YET

  • Assessment phase: If the candidate is not yet in the Czech Republic, the first step is to decide which permit to go for, depending on the purpose of stay. For employment purposes, there is Employee and Blue cards (read more about the differences here), but it is worth asking whether the candidate is not a family member of EU national, in which case the process may be much faster.

  • Immigration phase:

    • Once agreed with the candidate, the most lengthy phase starts.

    • The process of obtaining Employee or Blue card can take anything between 3 - 5 months (and more, if complications arise and more documents are required).

    • The length of the process partly depends on how fast the candidate is able to collect all the documents needed - if he/she lived in many countries in the last 3 years, he/she may have to collect Criminal Record from all of these countries and then verify them with either Apostille or Superlegalisation, which may take a few weeks/months.

    • Certain embassies are more difficult to arrange a term to submit the application rather than others. Some embassies have a system of lottery, when the applicant must try his/her luck by buying a ticket and hoping to be one of the lucky ones selected to be given a term to submit the application. This can be avoided with the Governmental programs, which make the process less administratively demanding and faster.

    • Once application submitted, the authorities have 60-90 days to approve these types of applications - it is usually the latter. However, thanks to the governmental program called Key and Scientific staff, this period can be shortened to as little as 30 days.

  • Arrival phase: Once Employee/Blue card approved, one can pretty much immediately collect his entry visa and arrive to the Czech Republic. One must keep in mind though that it may take a week or two before the candidate packs up his/her life, sublet his/her apartment etc.


CANDIDATE LIVING IN THE CZECH REPUBLIC ALREADY

  • Assessment phase: If the candidate is already living in the Czech Republic, the company should find out as much as possible about his/her visa situation to assess properly how to proceed. Some foreigners have so called Free access to the Labour market and can be hired with an immediate effect, others need to undergo Change of employer process etc. If you are unsure under which conditions you can hire a foreigner, let me know!


AFTER HIRE

Once candidate who is not Czech hired, the Employer has a few obligations:

  • Announce the start/end of employment to the Labour office no later than the first day of employment

  • Announce the start/end of employment to VZP and CSSZ

  • Keep a database of all employees (EU + non-EU) together with scans of their passports and visas, copy of their Employment contracts.

  • Check with the employees that they applied for extension of their visas on time. Although it is their responsibility to do so, employing a foreigner without a valid visa is considered illegal.


If you are unsure whether you can hire a candidate or not, do not hesitate to contact me and use the service called Assessment!

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