Persons coming back from the UK to the Czech Republic are recommended to apply for a certificate of periods of insurance that they acquired there at the relevant British institutions and come to the CZ with this certificate. (There are prescribed certificates – e.g. PD U1 for the case of unemployment benefits, S041 for the sickness benefits and maternity benefits or British document certifying the periods of pension insurance).
We also recommend storing all documents concerning your stay and employment in the UK (records of social insurance, employment contracts, decisions of local social security institutions, medical records, residence documents etc.).
Frequently Asked Questions – the period from the 1st January 2021
Residence and work of UK nationals in the CZ after the 31st December 2020
Are my residence rights in the CZ maintained if I lived in the CZ before the 1st January 2021 and I would like to stay in the CZ after the end of the transitional period?
Residence rights are maintained for UK nationals and their family members even after the 1st January 2021. UK nationals and their family members can apply for a ”new residence status“ according to the Withdrawal Agreement and for a document certifying that status. This document is issued by the Ministry of the Interior and ideally should be applied for before the end of the transitional period (until the 31st of December 2020) as after the end of this period there is a high probability of prolonged issuance of the document, because of need to verify whether the person stayed in the CZ before the end of transitional period.
After the application is successfully dealt with, the Ministry of the Interior will issue a paper document, which will be replaced by a document with biometrics through the year 2021. The replacement can be asked for by an entitled person at the Ministry of the Interior.
More information about the issuance of a document certifying residence in the CZ according to the Withdrawal Agreement can be found on the website of the Ministry of the Interior
Do I, as a UK national, need a work permit if my legal residence/stay in the CZ began before the end of the transitional period?
No, in the case that you are legally staying/working in the CZ before the end of the transitional period, you can continue to work in that employment and you can also get new employment elsewhere within the Czech Republic (or begin studies, become self-employed) after the 1st January 2021. The same applies to your family members. The basic condition that you stayed/resideed or were employed before the end of the transitional period. The burden of proof that you have residential rights is on you, that is why we recommend applying for a document certifying your status (see previous question).
I am a posted worker who was posted before the end of 2020. Do I need an employment permit in the CZ after the 1st January 2021?
If you were posted from to the UK to the CZ before the end of 2020, then your employer was contacted by the relevant CZ Labour Office branch at the end of 2020, to ensure that you will be issued a work permit and you would be allowed to finish your posting. In the case you asked for keeping an insurance in the UK, this exemption shall remain in effect (more information concerning social and health insurance can be found in the following questions bellow).
The situation would be different, if your posting started after the 1st January 2021, see next question.
I am a posted worker who was posted after the 1st January 2021. Do I need an employment permit in the CZ?
I commute to work in the Czech Republic, however I regularly go back to the UK (at least once a week). What situation will I face after 31st December 2020?
You can apply for a certificate of rights for a cross-border worker. One of the rights of the cross-border worker is a maintenance of his/her job after the end of the transitional period without the need toobtain an employment permit. You can apply for the certificate at the CZ relevant Labour Office branch accordingthe place your work is performed at the end of the transitional period. To access the certificate, you need to submit your ID, employment certificate, employment contract or other document, that proves you were employed in the CZ.
I am a UK national and I plan on taking up a job in the CZ after the 31st December 2020. Do I need a work permit?
After the 1st January 2021 the free movement between the EU and the UK came to an end. A worker who is to be posted after this date, shall apply for an employment permit and residence permit before coming to the CZ and she/he shall comply with the associated formalities. More information about employment permits for foreigners can be found here.
Social security
I am posted to the UK from the CZ by my employer from for a period that exceeds the end of the transitional period. Will I be under the same insurance scheme after 31st December 2020 (i.e.: Will I still be insured in the CZ only)?
The initial setup stays in effect, i.e. insurance contributions should be paid only in the CZ. PD A1 form, which certifies the fact that a person is a subject to the Czech legislation when posted to the UK, which were issued before 1st January 2021, will stay in the effect for the whole period they were issued for.
I am a British national who was posted to the CZ from the UK before the 1st January 2021, will my status change after 1st January 2021?
For persons who were posted to the CZ from the UK before 1st January 2021, and whose posting continues after this date, the payment of social or health insurance does not change. Until the end of the original posting they are considered as posted workers and Czech institutions will respect PD A1 forms which were issued by British institutions.
The Withdrawal Agreement does not cover the status of the worker posted to the CZ from the UK in the area of provision of services, according to the Directive 96/71/ES of the European Parliament and of the Council of 16 December 1996 concerning the posting of workers in the framework of provision of services. The CZ nevertheless guarantees these posted workers that their employment entitlement resulting from the above-mentioned Directive shall be maintained for the whole period of posting, even when the posting began before the end of the transitional period. The CZ Labour Office branches (based on location of the workplace) will contact the recipient of service and will guide them through the process of applying for a permit (according to Art. 95 Act on Employment, 435/2004 Coll.). The CZ Labour Office branches will also accept applications for a work permit for a worker posted to CZ from UK if such applications are submitted by 31st December 2020.
If the posting starts after 1st January 2021, how will the situation differ?
The Withdrawal Agreement does not apply on posting that starts after 1st January 2021. This kind of posting will be dealt with under the EU UK Trade and Cooperation Agreement. The CZ and the UK notified of intension to use rules for the posting of workers, therefore the new posting will be under the same regime as the posting before the 1st January 2021. In the case of meeting the conditions for posting, which are the same in the EU-UK Trade and Cooperation Agreement as stated in the EU law, the posted worker shall remain insured under the legislation of a posting state. If the posted worker applies for a PD A1 form, it shall be issued to him. PD A1 forms are issued by the competent OSSZ (contacts are available here). The procedure of applying for PD A1 form is the same (more information can be found here).
I am a worker who was posted to the UK from the CZ before the end of 2020, how will my status change after 1st January 2021?
The way of how payment of contribution is handled will not change, the Withdrawal Agreement will apply in these situations. It is possible to finish the posting for the planned period and the previously established form PD A1 stays in the effect. However, an attention shall be drawn to a registration obligation under UK Settlement Scheme.
I am a Czech employer and I plan on posting my employee to the UK after the 31st December 2020. Which law will be applicable and what conditions will apply?
After the 1st January 2021 similar provisions concerning posting are applied as when the UK was a member state of EU. In the case the conditions of posting are met, the insurance can be payed only in the CZ (that is, it will not be payed in th UK). If you plan on posting an employee, we recommend to contact the competent OSSZ with an application for issuing PD A1, more information can be found here.
Further information:
Health insurance
I am a Czech national insured in the Czech Republic. Will my EHIC (European health insurance card) be considered as valid in the UK?
As a consequence of the EU-UK Trade and Cooperation Agreement the EHICs in the relationship between the UK and EU Member States will stay valid until its expiry or replacement.
Nationals of the EU member states will use a regular EHIC, UK nationals will have different types of EHIC, or both EU and UK nationals may submit a Provisional Replacement Certificate (replacing EHIC). Based on these cards necessary medical treatment will be provided in the territory of the other state and reimbursement will be handled in the same way as before the end of 2020.
My husband works in the UK and I (in the household) with children live in the CZ. We are insured by the husband’s insurance now – how will our situation change after 1st January 2021? Also, we expect another child to be born in 2021 – where will he be insured?
The entitlement which existed until the end of transitional period is maintained. Unless the circumstances change, you and your children will remain insured in the UK. If the circumstances of your family do not change, meaning your husband as a breadwinner will continue working in the UK and you will not start a gainful activity, your child who will be born after 31st December 2020 will be health insured in the UK. The health care will be provided to you in the Czech Republic based on S1 form issued by the British institutions.
Would the situation of a family, mentioned in a previous question, differ, if the parent would begin working in the UK after the 1st January 2021?
No, even in the case when the parent’s employment in the UK starts after the beginning of 2021, his family will be insured in the UK with him (that is his wife who is in the household and his dependent children). In the situation when the wife would be (self-)employed in the CZ, she and her dependent children would be insured in the CZ and in the UK would be insured only the parent who works there.
I am a British national who works in the CZ since 2010. If I lose my job in 2021, will I still be insured in the CZ?
Yes, if you report to your insurance company that you still live in the CZ, your Czech health insurance will continue, even if you do not have a permanent residence.
I am a Czech pensioner/person insured in the CZ living in the UK. The Czech health insurance company issued me a S1 form, according to which I am entitled to a health care in the UK. Will the S1 form stay in effect after 31st December 2021?
Yes, the S1 form will stay in effect for the whole period it was issued for. Unless your situation changes, i.e. you will stay in the UK, after the expiry of this form, you will be issued a new one. In the case you would start receiving British pension, you would automatically fall under British coverage for health care and Czech health insurance along with S1 form would be terminated.
I work in the UK and I was issued a S2 form for a planned operation of a hip in the CZ. The intervention is planned for the middle of 2021 – will the form stay in effect?
Yes, S2 form will stay in effect.As a consequence of the EU-UK Trade and Cooperation Agreement it still will be possible, even after the end of 2020, to provide a planned treatment in the other state, except for a planned reproduction service.
I will become a posted worker in the UK during 2021. Under which conditions will I be entitled to a health service?
You will be insured in the CZ, but you will also be entitled to a health care in the UK under the scope of UK’s national legislation, which means f. e. an obligation to cover possible patients fees). EHIC (issued by the Czech health insurance company) can be used in order to prove your entitlement to health care in the UK. UK has a right to require a health fee in relation to an application for an entry permit or a work permit. Health fee may be refunded, further information will be provided by the British institutions.
I came across an information that the UK introduced a health fee. In which situations does it have to be payed? Is it possible to ask for a reimbursement? If yes, under which conditions?
Yes, the UK introduced a health fee. This fee needs to be payed by every person who applies for a visa or a stay or residence for a period longer than 6 months. The fee is paid when submitting an application for either permit. The fee does not have to be payed by tourists (visa for visitors), who applies for a permit for a period shorter than 6 months.
Full reimbursement can be obtained if you cancel your application, or your application will be denied. Partial reimbursement can be obtained if you were granted a visa for a shorter period than the one you applied for. In these cases, no further action needs to be taken, your money will be automatically refunded to an account from which the payment was proceeded.
Person with a S1 form may apply for a full or partial reimbursement, if the S1 form was registered at NHS (UK National Health Service). In addition, persons who work at a healthcare or in a care sector, and full-time students who study at the UK’s universities, who have an EHIC and whose visa came into effect after 31st December 2020. The reimbursed amount will differ based on the date of expiry of S1 form or EHIC.
Application shall be filed here:
Overseas Healthcare Services
NHS Business Services Authority
Bridge House
152 Pilgrim Street
Newcastle upon Tyne
NE1 6SN
Email: nhsbsa.faregistrationohs@nhs.net
Phone: 0191 218 1999 (+44 191 218 1999 if calling from a state other than the UK)
Further information:
https://www.kancelarzp.cz/cs/2-uncategorised/612-brexit-informace-pro-poji%C5%A1t%C4%9Bnce
Pensions
I worked at the CZ and the UK. Will the time I worked in the UK be considered to establish an entitlement for a Czech pension and vice versa?
Yes, your rights will be maintained even after Brexit. Periods of pension insurance gained according to the British legislation will be taken into account when establishing an entitlement for a Czech pension. In the same way the British will take into account periods gained under the Czech legislation. The principle of aggregation of periods is applied to insured periods gained before 1st January 2021 as well as for periods acquired after this date. We recommend applying for a pension in the state of a residence and declare that you also worked in the UK (or in the CZ).
I am eligible for a Czech and a British pension. I live in CZ/ UK/ other Member State of EU. Will my pension be payed to the state of residence after 31st December 2020?
Yes, even after Brexit all the established pensions will be sent to the state of residence. UK confirmed that pension benefits payed to other member states will be regularly uprated in compliance with UK legislation.
I am a Czech national with a residence in the UK. If I apply for a pension in 2021, or later, will it be sent to and payed in the UK?
Yes, in the case you meet the conditions to establish an entitlement for a pension, meaning you reach a retirement age and obtain the necessary period of insurance, then the CZ will send you your pension to any state of the World, even to the UK. The same applies to the invalidity pension and survivor’s pension.
I am a Czech national, I have lived in the UK since 2004, I became an invalid and since January 2021 I receive British invalidity pension. I would like to move back to the CZ. Will my invalidity pension be sent to and payed in the CZ?
Persons covered by the Withdrawal Agreement shall receive the benefits (incl. invalidity pension), which were granted during their stay in the UK, even after they move to the CZ. Persons who lived in the UK before the end of 2020 and registered in the EU Settlement Scheme, are the persons covered by the Withdrawal Agreement.
Persons who move to the UK after the 31st December 2020, and who are thus not covered by the Withdrawal Agreement, are under different regime. In the case they become invalid and UK grants them invalidity benefit, they can receive this benefit only until they stay in the UK. Once they move out, the UK will stop the payment. In the case where person moved to the CZ and had worked in the CZ, it is possible that the CZ may grant the person invalidity pension based on the periods that this person worked in the CZ (if the other legal conditions are met).
Further information (for the cases until the end of transitional period):
I receive a British pension and I live in the CZ. In which country will I be health insured and where am I entitled for a long-term care benefits?
Competent state for pensioners who receive a British pension and live in another Member is the state who pays them the retirement pension. In this case the competent state is the UK. To receive health care in the CZ which will be covered by the UK, it is necessary to apply for a S1 form.
(In the case that you receive payment of pension from more states, while residing in one of them, you will be covered by health insurance in the state of residence. If you are entitled to a British pension and a Czech pension and your residence is in the CZ, you are health insured in CZ and you have access to the Czech long-term care benefits as well.)
Further information:
https://www.kancelarzp.cz/cs/2-uncategorised/612-brexit-informace-pro-poji%C5%A1t%C4%9Bnce
Long-term benefits (in the CZ “care allowance”) and their payment to another state is covered only by situations under the Withdrawal Agreement, that is, persons who used their right to the freedom of movement when the UK was still a Member State and got granted a care allowance in the CZ, can still receive it under the conditions laid down in the EU law. Example of a such situation may be a pensioner who receives a pension only from the CZ and who moves to the UK (and vice versa).
Maternity allowance and care allowance
In the past two years I was employed in the UK, now I am employed in the CZ. I got pregnant and the probable date of confinement is after the end of transitional period (after 31st December 2020). Will the period of employment in in the UK be considered for the Czech maternity benefit?
The Czech Republic as a state where you are currently insured will take into account the period during which you worked in the UK. However, the amount of benefit will be determined solely from the Czech income. The competent institution is ČSSZ.
I am a Czech national and the last time I was employed in the UK. The employment was terminated before the end of transitional period, I came back to the CZ and I am pregnant now. The probable date of confinement is after 31st December 2020. Will I be entitled for a maternity allowance? If yes, from which state?
Your employment in the UK ended and you live in the CZ now – therefore the Czech legislation is applicable to you. Unless you were employed in the CZ after you finished working in the UK, you are not entitled for a Czech insurance based maternity allowance (peněžitá pomoc v mateřství). However, you will be entitled for a parental allowance from the system of state social support (provided by CZ Labour Office - Úřad práce) since the birth of the child.
Another situation would have arisen - if you during your employment in the UK – still had a residence in the CZ. In the case of meeting following conditions, you would be entitled for a maternity allowance (from ČSSZ)
- After the end of your employment in the UK you registered at the CZ Labour Office and you were granted an unemployment benefits (CZ Labour Office while assessing your entitlements grants unemployment benefits only if you really had a centre of your interest (your residence) in the CZ while working in the UK).
- You participated in a sickness insurance for required period (or in a similar system that is in place in the UK) for at least 270 days in the last 2 years.
- The beginning of a paid maternity leave starts in so called protection period (ochranná lhůta). This period lasts up to 180 calendar days, if the insurance ended with the pregnancy of an insured person, in specific cases the period may be shorter. In the case of persons resident in the CZ, who worked in the UK therefore their last employment was not in the CZ, the protection period starts with the end of insurance/ employment in the UK).
The amount of benefit will not be based on your UK income, but on a theoretical income, that would a person receive in a job in the CZ that is similar to the one you had in the UK.
I am a Czech national, my employment in the UK began after 31st December 2020 and had already ended, after that I came back to the CZ. I am pregnant now, but I am not entitled to British maternity allowance. May I be entitled to the Czech one?
The Protocol to the EU-UK Trade and Cooperation Agreement does not contain special rules for cross-border workers. Unless you start working in the CZ after you had lost your job in the UK (meaning you have contributed into the sickness insurance in the CZ long enough to reach the threshold – with UK periods included), you are not entitled to the Czech insurance based maternity allowance. However, you will be eligible for a parental allowance since the birth of a child. The application is filed at the CZ Labour Office.
I am a British national, I live in the CZ and I am eligible for a care allowance. If I continue to reside in the CZ, can I continue to receive it after 31st December 2020?
In the case that you currently receive a care allowance and you will meet the conditions of Czech national legislation for the eligibility (i.e. your dependence on another person will last on an established level I to IV), it will be payed to you according to the development of your state of health. Brexit does not change this. Yet the situation of a person receiving UK pension in a relation to a care allowance is different, see the answer concerning pensions above).
I am a British national, I have a temporary stay of EU national in the CZ since 2019. Will I be eligible for a care allowance?
If you resided in the CZ before the end of 2020 and you were insured there as well (in the social and/or health insurance system), you will have a full protection of your rights even after Brexit, and you can claim your entitlement later. However, it is necessary to meet conditions of the Czech national legislation concerning your dependence on another person based on your health status. The claim shall be submitted at the CZ Labour Office.
I am a British national and I plan to move to the CZ in 2021. May I be eligible for a care allowance?
In the situation, when you move to the CZ in 2021, before any previous connection to the CZ, your application for a care allowance will be considered exclusively according to the Czech national legislation, according to which the eligibility is inter alia based on having a permanent residence in the CZ (the Withdrawal Agreement shall not be applied).
My spouse works in the UK, me (not gainfully active) and our children live in the CZ. We receive a British care allowance for one of our children. Will we be eligible for the care allowance from the UK? What if I start working in the CZ, will we still be eligible?
Yes, the UK will be the competent state for providing this care allowance.
If you start to work in the CZ, the competent state for you and your children will change from the UK to the CZ. In the case of such a change, please inform the local CZ Labour Office of the place where you reside.
My spouse started working in 2021 in the UK, I take care of a disabled child in the CZ. Will we be eligible for for a care allowance from the UK?
No. Migratiton between the UK and EU which began after 2021 is under the Protocol to the EU-UK Trade and Cooperation Agreement, which does not cover care allowance. Therefore eligibility for a care allowance follows the national legislation only, and under it this benefit is non-exportable. You may apply for a care allowance in the CZ, if you have a permanent residence, and your application will be evaluated in the light of a medical condition of your child.
Further information on health insurance benefits:
Further information on care allowance
Unemployment
I worked in the UK. I am unemployed since 15th January 2021 and I am coming back to the CZ. Which state will provide me the unemployment benefits? Can I register at Czech Labour Office?
If you have had a residence in the CZ while employed in UK and still reside here, then the CZ is a competent state who will pay you unemployment benefits. The period during which you worked in the UK will be considered for an eligibility for Czech benefits and the amount of benefits will be derived from the British income. By residence is meant a centre of one’s interests and it is assessed by various criteria, which need to be proved to the CZ social employment service.
If you resided in the UK, you shall apply for an unemployment benefits at a competent British institution. After 4 weeks of registration at UK Labour Office can ask for your benefits to be exported to the CZ, if you register at CZ Labour Office once you move to the CZ and you take part in necessary steps when it comes to job-seeking. The export of the British unemployment benefits is limited to 3 months.
Registration at the CZ Labour Office is possible in both case scenarios.
I worked 5 years in the UK, I lost my job in 2020. I came back to the CZ, where I started working, but I lost my job during probation period. Will I be eligible for an unemployment benefits in the CZ?
Yes, the condition for granting the benefits is at least one year of insurance in the past two years. Periods during which you worked in the UK will be added to the ones you spend working in the CZ when considering your eligibility.
In 2020 I was issued / I will be issued a PD U2 form by a CZ social employment service certifying export (payment) of the unemployment benefits to the UK. Will the export continue after 31st December 2020?
Yes, if you applied for unemployment benefits before the end of 2020 and the PD U2 form was issued, then this form stays in effect even after 31st December 2020, until the export is due.
Can I apply for an export (payment) of the unemployment benefits from the CZ to the UK after 31st December 2020, if I want to search for a job in the UK?
No, after 31st December 2020 it will not be possible to apply for the export of unemployment benefits to the UK at the CZ social unemployment service, if the Czech job seeker wants to seek there. Only exports that were applied for before the end of 2020 will continue (see previous answer).
I got a job in the UK in January 2021. If I come back to the CZ once I leave the job, which state will pay me unemployment benefits? And may I register at the CZ Labour Office?
Unemployment benefits are granted by the state, where the person was employed most recently. If you would stay in the UK, you would be eligible for an unemployment benefits according to the British national law. However, it is necessary to take into consideration that nationals from the other states may be restricted when it comes to registration at the British Job Centre.
The CZ is not in the most recent state of employment in your case, therefore, once you come back to the CZ, it will not be possible to take into account the British employment when considering the eligibility for a Czech benefit. In the case when you had worked in the CZ, before leaving to the UK, for a period which would make you eligible for the Czech benefit (in the last 2 years at least 12 months) and other conditions are met, you may be granted the benefit.
In the case when you would get employed in the CZ once you came back to the CZ (even for a short time) and the CZ would henceforth become the state of the most recent employment, the length of the British employment would be taken into consideration when granting the CZ unemployment benefit – meaning the previous British period would be added to the period of the most recent Czech employment.
Registration at the CZ Labour Office is always possible.
Further information:
Koordinace dávek v nezaměstnanosti - Úřad práce (uradprace.cz)
Social support benefits, family benefits
My spouse works in the UK, me (not gainfully active) and our children live in the CZ. We receive a British family benefits. Will we be eligible for the family benefits from the UK after the end of 2020? What if I start working in the CZ, will we still be eligible?
Yes, even after 31st December 2020 the UK will be the competent state for providing family benefits according to the European legislation, which will still be applied. If your spouse is a Czech, then to keep the same level of protection after 1st January 2021, she/he needs to apply for a relevant status within UK Settlement scheme. We would like to point out in this regard that Czech nationals who plan to reside/ work/ study in the UK shall register in EU Settlement Scheme 30th June 2021 the latest.
If you start working in the CZ, there will be the change in priority for granting the benefits. The CZ will become primarily competent state, while the UK will become the secondary competent state and shall pay you potential difference between the two benefits to meet the amount of a British benefits. In the case of such change of your life circumstances, please inform the local CZ Labour Office of the place where you reside.
I am a Czech national residing in the UK and I receive British family benefits. Will I be eligible for them after the Brexit?
Your situation will not change until 31st December 2020 and you will be treated as a British national, i.e. you should be granted the same social benefits as British are. After 31st December 2020 to be granted the same rights, you need to register within the UK Settlement Scheme. We would like to point out in this regard that Czech nationals who plan to reside/ work/ study in the UK shall register in EU Settlement Scheme 30th June 2021 the latest.
I am a British national residing in the CZ since September 2020. If I apply for a social support benefits after 31st December 2020, will I be granted them, even if I will not meet the condition of stay lasting at least 365 days?
If you manage to prove that your link to the CZ (residence, work,…) existed before 1st January 2021 and it lasts until now, then you will be subject to the application of EU law and the condition of permanent residence will not be required.
My spouse started working in the UK since January 2021 and me, not gainfully active, live with our children in the CZ. Will we be eligible for family benefits from the UK?
No. The Protocol to the EU-UK Trade and Cooperation Agreement does not cover family benefits. Therefore, eligibility for a family benefits is laid down in the national legislation, they are usually not exported. You may apply for a family benefits in the CZ, if you have a permanent residence or resided in CZ at least 365 days. The application is filed at the CZ Labour Office.
Further information: