The amendment to the aforementioned act was adopted due to the transposition of the Council Directive 2009/50/EC of 25^th May 2009, on the conditions of residency of non-EU nationals. This amendment introduced some specific conditions for long-term residency of highly qualified foreigners on the territory of Czech Republic.

All residency matters of third country nationals are governed by the act on residency of foreign nationals (hereafter the “Act”). According to the Act in its amended wording, a “third country national” is any person who is not a citizen of the European Union.

Foreign nationals may be granted (i) a short-term visa  permitting a stay not exceeding 90 days, or (ii) visa for long-term stay  for a stay between 90 days and  6 months, or (iii) Long term residence, or (iv) a permanent residence.

A long term residence permit  may be granted to a third country national who was already granted long-term visa for the same purpose, and who intends to reside in the Czech Republic longer than 6 months

A permanent residence may be granted to a third country national after 5 years of uninterrupted stay in the Czech Republic. The Amendment provides also for circumstances, under which a permanent residence may be granted sooner.

The following are the major issues addressed by the Amendment:

1. The introduction of the so called EU Blue card – this card allows third country nationals to reside on the Czech territory and legally carries out a highly qualified employment. An applicant must demonstrate the employment as highly qualified by submitting, among others, an employment contract with at least one-year duration, salary of at least 1.5 times the average national salary and his/her university degree or a diploma of completed vocational training in the duration of at least 3 years.
   
   The third country national applies for the Blue card through the embassy in the country of origin. This condition must not be met by the third country national who:
   
   
   • is already staying on the Czech territory on the long-term visa, or
   • is already a Blue card holder issued by another EU member state and he applies for the Blue card within 1 month since the entrance on the Czech territory


The application must be filled in Czech language and must contain holographic signature of the applicant.

A blue card is issued for the period which is 3 months longer than the duration of the work contract, but at maximum for 2 years. The blue card may be prolonged. A prior consent of the Ministry of Interior is requested during the first two years in case of change of the card holder’s employer or change of occupation, after the initial 2 years period, any such changes need only to be notified to the Ministry of Interior within 3 days.

A blue card holder may apply for a permanent residence in the Czech Republic after 5 years of stay in one or more EU member states, provided he/she resides in Czech Republic for the last two years.

2. The Amendment brought several changes to the competence split between the administrative organs in relation to the foreigners’ residency issues. Newly the Ministry of Internal Affairs grants long-term visa, decides on the prolongation of the long-term residence and long-term visa validity.
   
   
3. costs associated with the deportation. The amendment also stipulates cases, when Changes in deportation proceeding - a decision on deportation may newly be issued with effects for the entire European Union. The Amendment broadened the possibilities for cessation or cancellation of a decision on administrative deportation. According to the Amendment, the current employer of a person who is being deported is liable for the payment of all such costs are to be borne by other entities or the foreigner himself.

This amendment came into force on 1 January 2011.