Background:  

Czechia does not allow third-country nationals to apply for a long-term residence permit for the purpose of remunerated activities during their stay on a Schengen visa (C-type visa). Migrant workers are required to apply at a diplomatic mission outside of the Schengen area (in their country of origin or in a country of their long-term or permanent residence). A different approach is applied to citizens of the vast majority of countries exempt from the visa requirement for stays not exceeding 90 days in a 180-day period (Annex II of the Regulation (EU) 2018/1806). Czechia allows these migrant workers to apply for a single permit at its diplomatic mission in the Schengen area during their visa-free stay. However, they cannot do it in the territory of Czechia.  

Czech employers and representatives of the business sector repeatedly propose that the above-mentioned practice must be changed, allowing Schengen visa holders to apply for a single permit directly in the Czech territory or elsewhere in the Schengen area and remain until the single permit is issued. They also request the introduction of the possibility for employers of migrant workers to apply for a single permit on their behalf. 

A practical obstacle to this solution is the average processing time for applications for a single permit in Czechia (approximately 60 calendar days). The subsequent issuance of a biometric card takes additional weeks on top of the processing time. Most procedures would therefore not be completed within 90 days. A more serious potential legal obstacle is the provision of the Visa Code, according to which a Member State is to refuse an application for a Schengen visa if there are “reasonable doubts as to (…) [the applicant’s] intention to leave the territory of the Member States before the expiry of the visa applied for” (Article 32, paragraph 1 (b) of the Visa Code (810/2009)). 

Respondents:  

23 EMN Member Countries (including BE) provided public answers to this ad hoc query.  

Findings:  

A preliminary analysis of the results of the ad hoc query shows that:  

• About half of the EMN Member Countries facilitate persons residing on their territory with a Schengen visa and/or persons who enjoy visa-free stay, to apply for a single permit on the territory.  
   

• Additionally, various EMN Member Countries provide a temporary residence permit in order for applicants to await the decision of their application for a single permit on the territory of the respective EMN Member Country if their Schengen visa or their period of visa-free stay expires before receiving a decision (e.g. LV, NL, PL). As an alternative practice, for example, in SI, the certificate of application for the single permit itself serves as a temporary residence permit. 
   

• In about half of the EMN Member Countries, employers can apply for a single permit on behalf of the third-country national. In BE, it is only the employer who can submit the application for a single permit on behalf of the third-country worker.  
   

• Lastly, about half of the EMN Member Countries issue a national visa for the purpose of seeking employment. The conditions to qualify for such a visa vary. EMN Member Countries may limit access to highly educated persons only (see CY), while others may include those with vocational education qualifications (see DE) or limit issuance of this type of visa to holders of specialised technical skills (see PT).  

For further details, please read the compilation of answers attached above.