Změny v podmínkách pobytu pro držitele dočasné ochrany v České republice

The government has discussed an amendment to the so-called “Lex Ukraine,” which aims to tighten the conditions for holders of temporary protection in the Czech Republic. The proposal is intended to address efforts to limit misuse of the system and to strengthen control over the actual residence of foreign nationals.

One of the main changes is the modification of the grounds for termination of temporary protection. Under the new rules, temporary protection is to cease, among others, if its holder resides outside the Schengen Area for more than 30 days. For employers, it is important to note that in the event of the termination of temporary protection, the foreign national at the same time loses free access to the labour market. It remains unclear how administrative authorities will assess, for example, longer work-related stays abroad.

Under the new regulation, the Ministry of the Interior will also no longer issue travel identity documents or alien passports to foreign nationals with temporary protection, which has so far been possible if they demonstrated that they were unable to obtain travel documents in their country of origin.

The proposed amendment also includes changes concerning the conditions for granting a special long-term residence permit, for example the requirement of no outstanding liabilities towards the tax authorities.

The proposal further modifies the conditions for entitlement to humanitarian benefits, linking them to economic activity and a minimum period of residence in the Czech Republic, as well as addressing the registration of vehicles with Ukrainian licence plates.

The planned effectiveness of the changes is phased, with most measures expected to take effect immediately upon completion of the legislative process. Certain changes—particularly in the area of vehicle registration—are proposed with deferred effectiveness from 1 January 2028.

Authors:

Eva Babincová

Karolína Kišari