Government Decree No. 437 / 2023 Coll.

Ordinance of the Government on an exceptional working visa for nationals of certain States working in agriculture, food or forestry and amending and repealing certain related government regulations

Valid Regulation Effective from 01.01.2024
437
GOVERNMENT REGULATION
of 13 December 2023
on an exceptional working visa for nationals of certain States working in agriculture, food or forestry and amending and repealing certain related government regulations
The Government orders pursuant to § 31a (2) of Act No. 326 / 1999 Coll., on the residence of foreigners in the Czech Republic and on the amendment of certain laws, as amended by Act No. 176 / 2019 Coll.:

ČÁST PRVNÍ

_
§ 1
Number of applications
(1) The maximum number of applications for exceptional work visas which may be lodged within a period of 1 calendar month at the representative office shall be:
(a) 125 for nationals of Ukraine;
(b) 20 for Bosnia and Herzegovina nationals, except for the calendar month of January;
(c) 20 for nationals of Georgia, with the exception of the calendar month of January;
(d) 20 for nationals of Moldova, except for the calendar month of January; and
(e) 20 for nationals of North Macedonia, except for the calendar month of January.
(2) In the calendar month of January, nationals of States referred to in points (b) to (e) of paragraph 1 may lodge a maximum of 30 applications for emergency work visas in the Member State concerned.
§ 2
Place of application
An application for an emergency work visa shall:
(a) § 1 (1) (a) shall be served at the Consulate General of the Czech Republic in Lvov,
(b) Paragraph 1 (1) (b) shall be served by the representative office of the Czech Republic in Sarajevo;
(c) § 1 (1) (c) shall be lodged at the representative office of the Czech Republic in Tbilisi,
(d) Article 1 (1) (d) shall be submitted to the representative office of the Czech Republic in Chišinau; and
(e) Paragraph 1 (1) (e) shall be submitted by the representative office of the Czech Republic in Skopji.
§ 3
Definition of the employer's economic activities
Extraordinary work visa may be issued only for employment which falls within the sections of the employer's economic activities according to the Classification of Economic Activities (CZ- NACE) 1) marked by code and title
(a) 01 Plant and animal production, hunting and related activities;
(b) 02 Forestry and logging;
(c) 10 Manufacture of food products; or
(d) 11 Manufacture of beverages.
§ 4
Position of the applicant
The job position of the applicant for an exceptional work visa must be one of the types of work identified in the Classification of Employment (CZ- ISCO) 2 code and title
(a) 51649 Other livestock farmers and caregivers in breeding establishments and related workers,
(b) 61 Agricultural skilled workers;
(c) 621 Qualified forestry and related personnel;
(d) 723 Mechanics and repairers of machinery and equipment other than electrical equipment,
(e) 751 Food manufacturers and processors and related workers,
(f) 752 Wood processors, carpenters other than construction workers and related workers,
(g) 816 Operators of food and related products machinery,
(h) 817 Operators of machinery and equipment for wood processing and paper production;
(i) 8183 Operators of packing, filling and labelling machinery,
(j) 83221 Drivers of passenger and small delivery cars other than taxi drivers and drivers of the health transport service,
k) 834 Mobile equipment operators,
(l) 921 Auxiliary workers in agriculture, forestry and fisheries; or
(m) 93292 Auxiliary workers in production.
§ 5
Employer
(1) The employer of an applicant in the territory of the Czech Republic may only be a participant in a government-approved programme "Extraordinary work visa for nationals of certain States working in agriculture, food or forestry."
(2) The employment agency must not be the employer of the applicant.
§ 6
Deadline for submission of applications
An application for an exceptional work visa may be lodged by 31 December 2026.
§ 7
Transitional provision
The procedure for the application for an exceptional work visa lodged pursuant to Government Regulation No 291 / 2019 Coll., on an exceptional work visa for nationals of Ukraine working in the agriculture, food or forestry sector, as amended, which has not been definitively completed before 31 December 2023, shall be completed under this Regulation.

ČÁST DRUHÁ

Amendment of Government Regulation No 321 / 2022 Coll., on Amendments to Government Regulations on Labour Migration
§ 8
Government Regulation No 321 / 2022 Coll., amending the Government Regulation on Labour Migration, is amended as follows:
1. Parts two and three are deleted.
2. In Article IV, paragraph 2 is deleted and the designation of paragraph 1 is deleted.

ČÁST TŘETÍ

REPEAL PROVISIONS
§ 9
They shall be deleted:
1. Government Decree No. 291 / 2019 Coll., on an exceptional working visa for Ukrainian nationals working in agriculture, food or forestry.
2. Government Decree No. 245 / 2021 Coll., amending Government Decree No. 291 / 2019 Coll., on an exceptional working visa for Ukrainian nationals working in agriculture, food or forestry.

ČÁST ČTVRTÁ

EFFECTIVE
§ 10
(1) This Regulation shall take effect on 1 January 2024.
(2) This Regulation shall expire on 31 December 2026.
Prime Minister:
Prof. PhDr. Fiala, Ph.D., LL.M., v. r.
Minister for Agriculture:
Mgr. Excellent v. r.
1) Communication from the Czech Statistical Office No. 244 / 2007 Coll., on the introduction of the Classification of Economic Activities (CZ-NACE).
2) Communication of the Czech Statistical Office No. 451 / 2017 Coll., on updating the Classification of Employment (CZ- ISCO).

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Regulation Information

CitationGovernment Decree No. 437 / 2023 Coll., on an exceptional working visa for nationals of certain States working in agriculture, food or forestry and amending and repealing certain related government regulations
Regulation TypeRegulation
Author-
CollectionCode of Laws
Date of Promulgation29.12.2023
Effective from01.01.2024
Effective until-
Status Valid
The regulation text is for informational purposes only.
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