SUMMARY INFORMATION FOR THE IMPLEMENTATION OF THE WITHDRAWAL AGREEMENT The Ministry of Labour and Social Affairs publishes summary information on the implementation of the Withdrawal Agreement1 in the field of residence, employment and social security. This information is intended for the General Directorate of the Labour Office, the State Labour Inspection Authority and the Czech Social Security Administration to issue internal binding guidelines for the conduct of their subordinate departments in the case of British citizens who are/were residing in the Czech Republic and Czech citizens who are/were residing in the United Kingdom of Great Britain and Northern Ireland (hereinafter the “United Kingdom” or “UK”) and to which the Withdrawal Agreement applies. The information is also intended for the Ministry of Health and the Office of Health Insurance Companies. 1. Introduction to the issue On 31 January 2020, the UK left the European Union (hereinafter the “EU”) on the basis of conditions agreed in the Withdrawal Agreement, which became effective on 1 February 2020. The parties to the Withdrawal Agreement are, on the one hand, the EU Member States (hereinafter the “MS”) and, on the other hand, the UK. In the agreement, both parties guarantee the citizens and family members of the other party the preservation of the rights they have enjoyed so far under European Union law. In particular, this agreement guarantees that persons defined in the personal scope will retain the right of residence, access to the labour market and social security until the end of their life (subject to certain conditions). The Withdrawal Agreement distinguishes the period until the end of the transitional period, i.e. until 31 December 20202, when both parties to the Withdrawal Agreement fully apply the EU law, and the period from 1 January 2021, when there will be no free movement of persons (workers) between the UK and the EU, but the residence and labour rights, as well as social security rights that were established before the end of the transitional period are preserved. 1 AGREEMENT ON THE WITHDRAWAL OF THE UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND FROM THE EUROPEAN UNION AND THE EUROPEAN ATOMIC ENERGY COMMUNITY 2 see Article 126 of the WA et seq. The following interpretation applies only to persons covered by the Withdrawal Agreement. As a general rule, United Kingdom nationals not covered by the Withdrawal Agreement must be regarded as third-country nationals. Hypertext link to the Withdrawal Agreement. In the following text, references will be made to the Withdrawal Agreement using the abbreviation WA. 2. Preservation of the right of residence under Article 13 of the WA and the issuance of a residence document within the meaning of Article 18 et seq. of the WA. Article 13 of the WA gives EU citizens and UK citizens the right to retain the right to reside in the host country. Article 18(1) of the WA allows a MS and the UK to require citizens of the other party to the WA and their family members residing in its territory who wish to continue to reside there to apply for a new settled status under the WA and to issue a document certifying this status. By contrast, paragraph 4 of this Article allows citizens of both parties to require the host State to issue a certification document, even though that host state does not have the registration obligation for EU citizens (as well as British citizens) in its legal system. The United Kingdom has chosen to follow the path of obligation to apply for a new settled status, while the Czech Republic has decided to choose the path of optional registration. Therefore, at the moment, UK citizens do not have to register at the workplace of the Ministry of the Interior and don't have to have the relevant certification document at their disposal. Therefore, the absence of the document may not be penalised by the Czech authorities. Currently, the Ministry of the Interior issues a certificate of temporary residence to British citizens who apply for it, without examining the applicant’s status, i.e. whether it is a worker, student, family member, posted worker, inactive person, etc. Anyone who resides in the Czech Republic as of 31 December 2020 and sufficiently proves it (e.g. by an employment contract, lease contract, confirmation of school attendance), will receive a certificate of temporary residence. This certificate will differ from other certificates of temporary residence of EU citizens in that it will clearly identify the entitled person as a person covered by the Withdrawal Agreement (the document will be marked with a red stamp “EU Withdrawal Agreement”). Temporary documents issued during the transitional period: Figure 1: Certificate of temporary residence with Figure 2 residence permit with the “EU Withdrawal Agreement” entry the “EU Withdrawal Agreement” entry From 2 August 2021, the Ministry of the Interior will issue documents with biometric data, which will include the note “Art. 50 of the Treaty on European Union” or “RP UK – Article 50 of the Treaty on European Union”). Documents after the mid-2021 (electronic residence permit – eRP – instead of the inscription long-term residence, there will be, for example, the inscription “Article 50 of the Treaty on European Union”): According to the Ministry of the Interior, once the right to reside in the Czech Republic is acquired in accordance with Article 13 of the WA, it is virtually impossible to lose it (unless the person ceases to be a British citizen or family member of a British citizen or unless he or she seriously violates public order or public security). Even in case of loss of permanent residence (e.g. due to long absence from the territory for many years) the person does not lose the rights arising from the WA and he or she can reapply for temporary residence in the Czech Republic in accordance with the WA, because it still applies that the person resided in a MS before the end transitional period. Residence rights under Article 13 apply to only one Member State. Therefore, it is not possible to apply for residence rights in one MS on the basis of residence rights in another MS. The WA retains all the rights of UK citizens and their family members arising from it even after the end of the transitional period, until the end of their lives, provided that they continue to meet the conditions set out in the Withdrawal Agreement, see Article 39 of the WA. 3. Employment of persons authorised to stay in the Czech Republic based on Article 13 of the WA It follows from Article 24 of the WA that it is not possible to require a work permit for any of the persons who will be legally resident in the Czech Republic based on Article 13 of the WA. Specifically, the following applies: a) UK citizens employed in the Czech Republic before the end of the transitional period may continue to work without a work permit and they may also terminate and start another employment relationship with another employer without the need to obtain a work permit. UK citizens with residence status in the Czech Republic based on Article 13 of the WA may change their status; see Article 17 of the WA. A change from one category to another is to be considered a change of status: student, employee, self- employed person, economically inactive person. Nobody who acquired the rights from the WA and who changes his or her status from 1 January 2021 to an employee will not be obliged to have a work permit. b) Family members3 of a UK citizen regardless of nationality may take up employment from 1 January 2021 by virtue of a right of residence acquired in accordance with 3 A family member of an EU citizen is a family member of a citizen of any of the above countries who is: a. a spouse, or a registered partner; b. a parent in the case of an EU citizen under the age of 21 for whom he or she is actually caring; c. a descendant under the age of 21 or such a descendant of an EU spouse’s husband; and d. a descendant or an ancestor or a descendant or an ancestor of an EU citizen’s spouse, if he or she is dependent on for maintenance or other necessary care provided by a European Union citizen or his or her spouse, or if he or she was so dependent immediately before entering the territory in the State of which he or Article 13 of the WA. The definition of a family member of a British citizen is given in Article 9(1)(a) and Article 10(1)(e) to (f), paragraphs (2)-(4) of the WA. With regard to the fact that UK citizens and their family members with residence rights in the Czech Republic will not be obliged to have a residence document according to the WA, it will not be possible to require this document even for employment purposes. Although the Ministry of the Interior strongly recommends that authorised persons have their stay in the Czech Republic certified, it will be necessary to expect that some persons will not obtain the necessary document. The burden of proof that a particular person enjoys the right of residence in the Czech Republic on the basis of Article 13 of the WA and is therefore not obliged to have a work permit is on the person concerned. Proof of the employment contract, proof of study, lease agreement, etc. may serve as credible evidence for institutions such as the Labour Office of the Czech Republic or the State Labour Inspection Office, all valid as of 31 December 2020.