Czech President approves tightening of law on stay of foreigners in the country
As the portal Vinegret.cz recalls, in May of this year the Senate rejected the bill, noting that some of its provisions contradict the Czech Constitution, EU legal norms, and the country's international obligations to observe human rights. The document was returned to the lower house of parliament (Chamber of Deputies) for revision and reconsideration.
However, the deputies decided not to change anything and approved the bill again, with a substantial majority, which allowed them to "override" the Senate. The document only needed the signature of the Czech president, which happened last Thursday, July 13.
The greatest concern among human rights activists is caused by the following points of the law:
• Abolish the right to so-called temporary residence (přechodný pobyt) for spouses of Czech citizens from third countries (non-EU). A specific example: today, a Ukrainian woman who married a Czech can apply for a temporary residence permit regardless of the circumstances under which she originally entered the republic. She can claim this document solely on the basis of marriage even when her main residence permit has expired and the Ministry of the Interior has issued her a so-called "exit visa." In its current form, the bill abolishes this provision;
• Oblige foreigners to provide Czech authorities with originals, not copies, of documents such as birth certificates, marriage certificates, etc.
• Introduce the concept of "unscrupulous employer." If a company where a labor migrant works owes money to the tax or customs authority, this may be sufficient grounds to not extend the foreigner's residence permit. Such companies will be deprived of the right to hire foreigners;
• Increase the period during which a labor migrant cannot change their type of stay to "entrepreneurship." Currently it is 2 years. This period is proposed to be increased to 5 years;
• Deprive foreigners of the right to compensation for illegal detention in the Czech Republic;
• Deprive foreigners of or not extend their long-term residence permit (long-term visa, permanent residence) for any criminal offense committed intentionally.
The last point was previously criticized by Senator Václav Láska: "This sounds logical: if someone wants to live here but breaks the law, they should leave the country. But the poorly drafted bill creates grounds for abuse. According to it, a foreigner could be deported for defacing an election poster," he said.
In turn, Czech employer unions and the Chamber of Commerce of the Czech Republic criticized the point about the "unscrupulous employer." In their opinion, abuse of this point will create serious problems for enterprises – they could be banned from hiring foreign workers even for minor violations concerning social and other contributions.
Human rights activists and the Senate previously announced that if the president signed the bill, they would appeal to the Constitutional Court of the Czech Republic. In response, Interior Minister Milan Chovanec stated that he considers the innovations absolutely adequate. According to him, nothing will change for law-abiding foreigners and employers.
The adopted amendments also introduce a new residence permit for investors and a special visa card for employees of companies (karta vnitropodnikového zaměstnance) sent to the Czech Republic on a business trip.