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Secondments to and within Europe - Ius Laboris

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<strong>Secondments</strong> <strong>to</strong> <strong>and</strong> <strong>within</strong> <strong>Europe</strong><br />

Immigration<br />

TRANSITION MEASURES FOR<br />

NEW-EU NATIONALS<br />

SALARY REQUIREMENTS AND<br />

TIMING FOR WORK PERMIT<br />

FOR NON-EEA HIGHLY<br />

EDUCATED EMPLOYEES<br />

SEPARATE RESIDENCE<br />

PERMIT REQUIRED?<br />

TRANSITION MEASURES FOR<br />

NEW-EU NATIONALS<br />

SALARY REQUIREMENTS AND<br />

TIMING FOR WORK PERMIT<br />

FOR NON-EEA HIGHLY<br />

EDUCATED EMPLOYEES<br />

SEPARATE RESIDENCE<br />

PERMIT REQUIRED?<br />

CZECH REPUBLIC<br />

• Job was listed in the<br />

central register of job<br />

vacancies available <strong>to</strong><br />

blue card holders<br />

• Employment contract<br />

for at least one year for<br />

the statu<strong>to</strong>ry weekly<br />

work hours<br />

• A gross annual salary of<br />

at least CZK 287,412<br />

(EUR 11,730) during<br />

the period from 1 May<br />

2011 <strong>to</strong> 30 April 2012 2<br />

The blue card is valid for<br />

the term of employment<br />

set in the employment<br />

contract plus three<br />

months, but <strong>to</strong> a<br />

maximum of two years.<br />

No.<br />

As a rule non-EEA<br />

nationals need a work<br />

permit <strong>to</strong> work in Es<strong>to</strong>nia.<br />

They also need a residence<br />

permit for lawful stay <strong>and</strong><br />

employment. It is possible<br />

<strong>to</strong> apply for a residence<br />

permit for work, which<br />

covers both permits. A<br />

foreign national may not<br />

work on a visa or if he or<br />

she is visa-free. The law<br />

does not distinguish<br />

between different types of<br />

employees. All employees<br />

need work permits for<br />

work.<br />

Average timescale:<br />

30 days.<br />

Yes.<br />

Average timescale: 30<br />

days.<br />

A residence permit <strong>and</strong><br />

residence permit for work<br />

may both be applied for<br />

from the foreigner’s<br />

country of residence<br />

(i.e. at the Es<strong>to</strong>nian<br />

foreign representation).<br />

ESTONIA<br />

DENMARK<br />

No.<br />

The average timescale:<br />

two <strong>to</strong> three months.<br />

Employees with an annual<br />

salary exceeding EUR<br />

50,000 qualify for a work<br />

permit under the Job<br />

Scheme.<br />

Highly educated employees<br />

or persons with specific<br />

skills may qualify for a<br />

work permit under the<br />

Positive List. The list<br />

contains a wide variety of<br />

education <strong>and</strong> is altered<br />

continuously.<br />

Average timescale:<br />

approximately 30 days.<br />

This depends on the nature<br />

of the work permit. As a<br />

general rule, if the work<br />

permit is issued under the<br />

Job Scheme or the Positive<br />

List, a separate residence<br />

permit is not required.<br />

However, if the permit is<br />

issued under the Green<br />

Card Scheme (for highly<br />

educated individuals) a<br />

residence permit is<br />

required. The same applies<br />

if the employee under the<br />

Job Scheme or the Positive<br />

List loses the job for<br />

which the work permit<br />

was issued.<br />

Special rules apply for<br />

members of the<br />

management of a<br />

company, who may work<br />

in Es<strong>to</strong>nia for up <strong>to</strong> six<br />

months without a work<br />

permit (under a long term<br />

visa).<br />

In addition, certain groups<br />

of employees engaged in<br />

a specific field of work<br />

(teachers, au-pairs,<br />

scientists or experts) may<br />

work without a work<br />

permit for up <strong>to</strong> six<br />

months for a one year<br />

period.<br />

Where <strong>to</strong> apply: The<br />

Danish Foreign Service.<br />

Average timescale:<br />

approximately 30 days.<br />

2) This amount is adjusted each year <strong>and</strong> amounts <strong>to</strong> a 1.5 multiple of the gross annual salary in<br />

the Czech Republic announced in a Ministry of Labour <strong>and</strong> Social Affairs communication.<br />

18 19

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