326/1999 Coll.
LAW
of 30 March 2004. November 1999
on the stay of foreigners on the territory of the Czech Republic and amending some laws
Change: 140/2001 Coll. (part)
Change: 140/2001 Coll.
Change: 140/2001 Coll. (part)
Change: 151/2002 Coll., 217/2002 Sb.
Change: 222/2003 Coll. (part)
Change: 222/2003 Coll.
Change: 217/2002 Coll. (part), 222/2003 Coll. (part)
Change: 436/2004 Sb.
Change: 539/2004 Coll.
Change: 559/2004 Sb.
Change: 428/2005 Sb.
Change: 501/2004 Coll., 428/2005 Coll. (part)
Change: 161/2006 Sb.
Change: 230/2006 Sb.
Change: 161/2006 Coll. (part)
Change: 136/2006 Coll. 165/2006 Sb.
Change: 112/2006 Sb.
Change: 170/2007 Coll., 217/2002 Coll. (part), 428/2005 Coll. (part), 161/2006
Coll. (part), 165/2006 Coll. (part)
Change: 217/2002 Coll., 222/2003 Coll. (part), 428/2005 Coll. (part), 161/2006
Coll. (part), 165/2006 Coll. (part), 379/2007 Sb.
Change: 140/2008 Sb.
Change: 124/2008 Sb.
Change: 379/2007 Coll. (part)
Change: 379/2007 Coll. (part), 129/2008 Coll., 274/2008 Coll., 382/2008 Sb.
Change: 47/2009 Sb.
Change: 197/2009 Sb.
Change: 306/2008 Coll., 41/2009 Coll., 278/2009 Sb.
Change: 227/2009 Sb.
Change: 424/2010 Sb.
Change: 274/2008 Coll. (part), 281/2009 Coll., 427/2010 Sb.
Change: 73/2011 Sb.
Change: 427/2010 Coll. (part)
Change: 303/2011 Coll. 329/2011 Coll. 341/2011 Sb.
Change: 375/2011 Sb.
Change: 222/2012 Sb.
Change: 427/2010 Coll. (part)
Change: 494/2012 Sb.
Change: 103/2013 Sb.
Change: 103/2013 (part)
Change: 103/2013 (part), 303/2013 Coll., 312/2013 Coll. 344/13 Sb.
Change: 101/2014 Sb.
Change: 203/2015 Sb.
Change: 318/2015 Coll. (part)
Parliament has passed the following Act of the Czech Republic:
PART THE FIRST
STAY ON THE TERRITORY OF THE CZECH REPUBLIC
TITLE I OF THE
INTRODUCTORY PROVISIONS
§ 1
The subject of the edit
(1) This Act regulates the following on directly applicable legal
Regulation of the European Communities ^ 1) the conditions for entry of the alien into the territory of
The Czech Republic (hereinafter referred to as "the territory") and departure from the territory,
establishes the conditions of stay of the alien in the territory and defines the scope of the Police
The Czech Republic (hereinafter the "police"), of the Ministry of the Interior (hereinafter referred to as
"the Ministry") and the Ministry of Foreign Affairs of the State in this area
Administration.
(2) an alien shall be the natural person who is not a citizen of the Czech
Republic, ^ 1a) including the citizen in the European Union. ^ 1b)
(3) edit the entry, stay and departure of the citizen of the European Union ^ 1b)
also apply to a citizen of a State which is bound by the international treaty
agreed with the European Community) and to the ^ 1 c of the citizen of a State that is
bound by the Agreement on the European economic area, the ^ 1 d) If this
the contract provides otherwise.
§ 2
The scope of the law
This law shall not apply to an alien who
and the applicant for the grant) is a international protection, teach, or person
beneficiaries of subsidiary protection ^ 2) or filed against the decision of the Court of
action against the decision in the case of the international protection of the appeal in cassation,
unless otherwise provided in this Act or special legislation otherwise,
(b)) is staying in the territory on the basis of special legislation governing
temporary stay of foreign forces on the territory, ^ 3)
(c)) the Czech Republic has asked for permission to stay for the purpose of
the granting of temporary protection to the territory, and the alien, who is staying in the territory of
on the basis of a granted permission to stay for the purpose of temporary protection
If this Act or special legislation ^ 3a) provides otherwise.
TITLE II
THE ENTRANCE IN THE TERRITORY
§ 3
(1) an alien is entitled to enter the territory through the border crossing at the point
and time specified for the implementation of the border inspection post.
(2) border crossing point shall mean
and, as the Treaty), to which the Czech Republic is bound,
(hereinafter referred to as "international treaty") intended for crossing the State
the borders of the Czech Republic under the conditions laid down by the international treaty
or this Act,
(b)) International Airport, which is the outer border by a special
legislation, 3a) ^ ^ if it meets the following conditions:
1. as international airport was designed according to a special legal
code ^ 4) and
2. the airport operator has complied with the security conditions laid down in the
a special legal regulation, ^ 3a)
c) internal borders ^ 3a) or
d) space ships deck long distance train and Interstate passenger or
freight shipping at the time, when it is carried out in this area
border inspection.
§ 4
(1) an alien shall be obliged to undergo border control without delay after
crossing of State border, where it is carried out at border inspection
territory, or to cross the State border without delay after their border
checks if it is carried out outside the territory. On the inner border of the border
inspection is carried out in the case of adoption of the decision of the Government on the provision of
the protection of the internal borders under special legislation. ^ 3a)
(2) the police shall confirm, in accordance with the directly applicable law
Of the European Communities ^ 1) foreigners entry to the territory of the designating of the impression
entry stamp in his passport.
(3) if the police border control on the basis of international agreements
outside the territory, has this check and on the basis of acts performed the same
the legal effects of such border inspection carried out on the territory.
§ 5
(1) the conditions for entry to the territory and the implementation of the border inspection post shall lay down
directly applicable legislation of the European Communities ^ 1).
(2) upon entry into the territory of an alien in the border control is required to
to demonstrate compliance with the conditions laid down by the directly applicable law
Of the European communities "^ 1") and, upon request, be required to
and complete and sign the border),
b) suffer the verification of the authenticity of the travel document and verify your identity
using the personal data entered in the travel document, if applicable,
comparison of the biometric data of the processed data in the medium through
technical equipment permitting the comparison of currently displayed
biometric data of the alien with the biometric data processed in
the data of the travel document, if the travel document, which contains the carrier
data with the biometric data.
(3) the obligation to submit travel document does not apply to an alien who
is under the age of 15 years and is entered in the travel document of the other foreigners.
(4) the conditions referred to in paragraph 1 and paragraph 2 (a). and)
does not apply to an alien who is
and then from the foreign authority) State under a special law ^ 5),
(b)) over the territory of the provážen (section 152), or
(c)) on the territory passed under the international treaty, or directly applicable
legal regulation of the European communities.
(5) a citizen of the European Union and the family member citizen of the European Union
When border control police to present a travel document.
If he is not a citizen of the European Union, travel document or if it's
get him to the police in the border control will allow your identity and
the fact that he is a citizen of a Member State of the European Union, other
document. If the family member of a citizen of the European Union travel
the document or if it's available, the police at border inspection
allow your identity and the fact that it is family
the citizen of the European Union, demonstrated by another document.
(6) a family member of a citizen of the European Union, which itself is not a citizen
The European Union is obliged to submit the border control police
a visa conferring the right to stay in the territory, where the visa
the obligation.
§ 6
cancelled
section 7 of the
cancelled
§ 8
cancelled
§ 9
Refusal of entry into the territory of the
(1) the police denies entry of foreigners to the territory, if
and) does not have a valid travel document,
(b)) shall submit to the counterfeit or forged travel document, visa or
the residence permit,
(c)) do not submit visa if the foreigner is subject to the visa requirement or permission
to stay,
(d)) does not submit the documents proving the purpose and conditions of stay on security
the territory,
(e) does not have sufficient resources) to stay in the territory and to
He leaves the territory,
(f)) is an unwanted person (section 154),
(g)) is included in the information system created by the States, which are
bound by the international treaties concerning the Elimination of controls at the common
borders ^ 5a) (hereinafter referred to as "Contracting State"), in order to obtain an overview of the
the aliens, which cannot allow entry to the territory of the States parties (hereinafter referred to as
"the information system of the Contracting States"); This does not apply if the alien has been granted
visa qualifying only to stay in the territory,
(h)) is a reasonable risk that the alien could during your stay on the territory of the
compromise the security of the State, seriously disturb public order
or undermine the international relations of the Czech Republic,
I) is a reasonable risk that the alien could during your stay on the territory of the
another Contracting State to compromise its security or serious
way to disrupt public order or endanger the international relations
the Contracting States, or
(j)) is a reasonable suspicion that the alien suffers from a disease that is listed in the
list established by Decree of the Ministry of health (section 182a paragraph.
1) (hereinafter referred to as "fatal disease").
(2) an alien who has been granted a visa for a stay over 90 days for the purpose of
the takeover of the long-term residence permit or permanent
stay, police can refuse entry to the territory of the grounds set out in the
paragraph 1 (b). and (b))), f) to (j)).
(3) the police denies entry to the territory of the
and the citizens of the European Union),
1. does not have a valid travel document and does not satisfy the conditions referred to in section 5 of the
paragraph. 5,
2. submit a counterfeit or forged travel document or permit to
stay,
3. If there is reasonable suspicion that they are suffering from serious diseases,
4. If the reasonable grounds for the risk that during his stay in the territory could compromise the
the security of the State or seriously disrupt public order, or
5. If it is included in the register of undesirable persons, and the competent authority, that
incentive for the inclusion of the citizen of the European Union in the register (section
paragraph 154. 2), provide additional information after the evaluation can be
consider that it takes a reasonable danger that he could during your stay on
endanger the safety of the State or territory, seriously undermine the public
order, the
(b)) of the European Union family member of a citizen who is not a citizen
The European Union,
1. for the reasons referred to in subparagraph (a)),
2. unless the visa is subject to the visa requirement or authorization to
stay,
3. If a reasonable risk that could compromise the safety of other
Contracting State or seriously disrupt public order,
4. If it is included in the information system of the Contracting States and the
authority of the family into this system to provide ranked
the additional information after the evaluation can be considered, that it takes
reasonable danger that he could during his stay on the territory of another Contracting
State compromise its safety, or seriously harm the public
order.
(4) the police will issue the decision on refusal of entry if the entry on denies
the territory of citizens of the European Union ^ 1b) for the reasons set out in paragraph 3 (b).
and Similarly the police proceed.) even in the case of a family member of a citizen
The European Union ^ 1b) if the family member of citizen of European Union
accompanied by, or if a family member proves that this citizen
The European Union is staying in the territory. The decision on refusal of entry is issued,
If the reason for refusal of entry, the final court decision on punishment
expulsion from the territory of, or final decision on administrative expulsion.
(5) an alien who has been refused entry to the territory, without
undue delay to go back abroad, unless stated
otherwise.
§ 10
(1) the obligation of the alien who has been refused entry to the territory, travel
back in foreign countries, does not apply to foreigners, if
and is immediately compromised his) life because of an injury or sudden
disease,
(b)) would non-urgent medical care caused the Permanent
Pathology, or
(c)) is necessary to provide in connection with the delivery of urgent
health care.
(2) if required by the State of health of the alien, which is referred to in paragraph 1
not covered by the obligation to leave, the immediate transfer to the provider
health services, ensure its transport to the police
health services in the territory.
(3) an alien to whom the obligation referred to in paragraph 1 shall not apply
to leave, is entitled to remain in the territory only for the time strictly necessary;
staying on the territory of residence shall not be considered under this Act. For the purposes of
the provision of health care and the extent of the police on such
foreigners seen as foreigners secured pursuant to Title XI. If the alien
adopted to provide health care under paragraph 1 to the
health services providing in-patient care, the police may waive the
guarding of the alien throughout his hospitalization.
(4) the police the alien to the border crossing for the purpose of its
travel back to a foreign country, as soon as it is with regard to your health
the State of being able to travel.
§ 11
cancelled
section 11a
cancelled
§ 12
cancelled
section 13
Resources to stay on the territory of the
(1) availability of funds for the stay in the territory, shall, unless
unless otherwise specified, the submission
and at least in cash) amount of
1.0 times the amount of existential minimum laid down specific legal
Regulation ^ 6) (hereinafter referred to as "the amount of existential minimum") for 1 day stay
If the stay is not to exceed 30 days,
2. at 15 times its amount of subsistence, if the stay on the territory of the
exceed a period of 30 days, with the fact that this amount for each whole month
expected stay in the territory increased by 2 times the amount of existential
minima,
3.50 times the amount of the subsistence, if it is a residence for the
the purpose of the business, which is to exceed 90 days, or
(b) the document confirming the payment of services) associated with the stay of foreigners
on the territory or a document confirming that services will be provided
free of charge.
(2) Provide funds for the stay in the territory of referred to in paragraph 1
(a). and), in the case of the territory stay longer than 3 months, proof
and the statement of account) maintained in a bank or other financial institution
sounding on the name of the alien, from which it follows that a foreigner may, during the
stay on the territory to dispose of the funds in the amount as referred to in
paragraph 1 (b). and)
(b)) other evidence of financial collateral arrangements from which follows that the alien
may dispose of the funds in the amount referred to in paragraph 1 (b).
and has a guaranteed payment) or the costs associated with the stay in the territory,
or
(c)) a valid internationally recognised credit card; on request, it is
the alien shall be obliged to submit a statement of account at the same time kept in the Bank, or
another financial institution, from which it follows that may have
funds in the amount referred to in paragraph 1 (b). and).
(3) an alien who will study in the territory may submit as proof of
the commitment of funds for the stay, issued by a national authority or
legal person, that will ensure the alien's stay in the territory by providing
funds in the amount of existential minimum 1 month
expected stay, or proof, that all the costs associated with the
his studies and stay shall be reimbursed by the receiving organisation (school).
If the amount is less than this amount in commitment, the alien shall be obliged to
submit proof of ownership of the funds in the amount of the difference
between the amount of subsistence and the commitment for the period envisaged
stay a maximum of 6 times more the amount of subsistence. The proof of
availability of funds for the stay you can replace the decision or agreement
grant obtained on the basis of international agreements, which is
Czech Republic is bound.
(4) an alien who has not attained the age of 18 years, is required to prove the availability of
funds for his stay pursuant to paragraph 1 in the half of the amount.
§ 14
Border:
Border průvodkou means the registration document containing information about the name of the
and surname, day, month and year of birth of the foreigners and fellow
aliens under the age of 15 years, about the series and number of the travel document of the alien,
his nationality and gender. Border from imposing further contains a number
Visa brand vehicle with which to enter the territory, the international
license plates and license plates of this vehicle and its color,
date and place of entry into the territory and the date of departure from the territory, the purpose and place of
stay on the territory.
§ 15
Invitation
(1) the extent of the information referred to in the invitation to the alien's stay in the territory of that
does not exceed the period of 3 months, provides for the directly applicable legislation
Of the European communities of 27 ^ ^).
(2) in the invitation to the alien's stay in the territory for more than 3 months is inviting
the person undertakes to reimburse the costs
and) associated with the alien throughout his stay in the territory until he leaves
of the territory,
(b)) related to the accommodation of the alien throughout his stay in the territory until the
He leaves the territory,
(c)) associated with the provision of health services for the period of stay in the territory until the
to exit from the territory, and the alien when ill or of the remains with
the deceased,
(d)) associated with the stay of the alien in the territory seized and his departure from the
territory.
§ 15a
(1) a family member of a citizen of the European Union ^ 1b) for the purposes of this
the law means its
and a husband)
(b)) a parent, in the case of a citizen of the European Union ^ 1b) under the age of 21 years, which
nourishes and with whom he lives in a common household,
(c)) a child under 21 years of age or a child of the spouse of a citizen of the European Union and
(d)) nezaopatřený direct relatives in the ascending or descending line or
a relative of the spouse of a citizen of the European Union.
(2) for the nezaopatřenou person referred to in paragraph 1 (b). (d)) shall be deemed to
a citizen of the European Union or his or her spouse nourished the stranger who
and) until 26 years of age consistently preparing for the future of the profession,
(b)) could not consistently prepare for a future career or engage
gainful employment for illness or injury, or
(c) because of the long term adverse) health status is not able to
to carry out systematic gainful activity.
(3) the provisions of this law relating to the family of a citizen of the
The European Union shall apply mutatis mutandis also to foreigners, that credible
way of showing that
and relatives) is a citizen of the European Union not listed in paragraph 1, if the
1. in the State of which he is a citizen of, or in the State in which he had allowed
permanent or long-term residence, lived with the citizen of the European Union in the common
household,
2. is a citizen of the European Union, nourished, or
3. about yourself because of long-term adverse health
cannot take care of himself without the personal care of the citizen of the European Union, or
(b)) has with the citizen of the European Union a lasting relationship like the relationship with the family and
He lives in a common household with him.
(4) the provisions of this law relating to the family of a citizen of the
The European Union shall apply to an alien who is a family member of a
a State citizen of the Czech Republic ^ 1a).
TITLE III
A TEMPORARY STAY ON THE TERRITORY OF THE
Part 1
A temporary stay on the territory of the
section 16 of the
(1) an alien staying in the territory temporarily
and) after crossing the State borders of the Czech Republic and after their border
checks, if he was not in the context of border control police denied entry
on the territory,
(b)) after crossing the State border, the border control is not performed,
or
(c)) date of birth in the territory, under the conditions laid down by this law (§
88).
(2) the temporary stay provided for in paragraph 1 (b). and the date and hour)
crossing the State borders of the Czech Republic, where a border inspection
performed outside the territories, or the date and time of termination of the border inspection post,
If this is implemented on the State borders of the Czech Republic or after
crossing these borders.
§ 17
A foreigner may reside in a temporarily
and) without a visa,
(b)) based on the short-stay visa issued by directly applicable
legal regulation of the European communities of 27 ^ ^)
(c)) on the basis of long-term visas, long-term residence permit or
a temporary residence permit, or
(d)) based on the výjezdního command.
§ 17a
cancelled
section 17b
Long-term visa
Long-stay visa is a visa to stay over 90 days.
Part 2
Temporary stay in the territory without a visa
section 18
A foreigner may reside in a temporarily without a visa,
and if so) provides for the directly applicable European legislation
Community ^ 6a) and if it is not in accordance with this law
the international treaty, or regulation of the Government of [§ 181)] provided
otherwise,
(b)) when provided for in accordance with the directly applicable law
Of the European communities ^ 6a) an international treaty or the Government
the regulation [section 181 (b))],
(c)) If a citizen of the European Union, ^ 1b)
(d))
1. in the performance of security detention, custody or in prison sentence
freedom; this stranger at the same time for this performance may reside on
territory without a travel document
2. placed in a police cell ^ 7) or in the equipment for the Czech Republic
(hereinafter referred to as "equipment") (section 130); this stranger at the same time, after time
This location of the stay in the territory, even without a travel document
3. under the age of 15 years, after a period of hospitalisation, if traveling with another
a stranger, in whose travel document is written, and this stranger
got out of the territory; an alien under 15 years of age may, after a period of hospitalization
reside in the territory without a travel document, or
4. as the minor child on the basis of the provisional measures, the competent
body placed in a facility for children in need of immediate assistance ^ 28)
or to the Institute for the care of children or on the basis of interim measures
the competent authority or the decision of the competent authority for social and legal
the protection of children entrusted to the care of a natural person,
5. the holder of the document for a residence permit on the territory of another Contracting
the State and the duration of stay in the territory shall not exceed 3 months
6. a pupil who is not a national of a Member State of the European
the Union, but which is resident in another Member State of the European Union and
travels on a school trip within the European Union as a member of a group of pupils,
accompanied by a teacher, and is listed on the list issued by the school to pupils
the singular form ^ 7b), which shall indicate the identity of pupils, the purpose and duration of the
their stay or transit,
7. family member of a citizen of the European Union, which itself is not a citizen
The European Union, the holder of a residence card of a family member of a citizen
The European Union or of a certificate of permanent residence on the territory of another Member
State of the European Union and the duration of stay in the territory shall not exceed 3 months, or
(e)) if the family member of a citizen of the European Union, whose short-term
the visa expired, if the territory is staying with the citizen of the European Union and the
duration of stay in the territory shall not exceed 3 months.
§ 19
Their temporary stay in the territory for which the visa is not required, and
the demise of this stay
(1) the residence of foreigners on the territory for which the visa is not required, the police
terminates if the alien
and) intentionally seriously disrupted public order,
(b)) breaks the obligation this law,
(c)) is staying in the territory without a valid travel document, if it is not
entitled to under this Act, or in the residence, the police check found
the fact pursuant to section 9 (2). 1 (a). (b)), f), (g)), h), (i)) or (j)),
(d)) at the request of the police does not prove the availability of funds for the stay in the territory of
(section 13) or does not submit the certified invitation (sections 15 and 180), or
(e)) on the territory of staying on the travel document, the authority of the State, which was
issued it, declared invalid or stolen,
provided, that the consequences will be a reasonable reason for their stay.
In assessing the reasonableness of the police shall take into account, in particular, to the impact of their
stay in a private and family life.
(2) the residence of foreigners on the territory for which the visa is not required, shall cease,
If an alien on the territory in conflict with an international agreement or
the regulation, issued by the Government under section 181.
(3) the police closes the stay referred to in paragraph 1 the granting of výjezdního command.
The amendment of the police command has granted even in case of the demise of the stay referred to in paragraph
2. The alien is obliged to leave the territory at the time laid down by Visa
command, if it is not brought about the expulsion of foreigners from the territory under the
This law (hereinafter referred to as "administrative expulsion").
Part 3
Temporary stay in the territory on the short-stay visa
the title launched
section 20
(1) the conditions for the granting of short-term visas, the reasons for its refusal,
the conditions for extension of period of stay on the short-stay visa and the reasons for cancellation
its validity period provides for the directly applicable European legislation
Community ^ 27). The reasons for the refusal or cancellation of the short-stay visa
its validity is an alien shall be informed on a standard form ^ 27).
(2) short-stay visa at the border crossing and travel grants
document characterized by the police.
(3) the application for extension of period of stay on the territory on the short-stay visa
serves the alien police.
(4) a family member of citizen of European Union ^ 1b), which itself is not a citizen
The European Union and in the territory intends to travel together with the citizen
The European Union or to travel for that citizen, who is already on the territory of the
resides, is entitled to submit an application for a short-term visa also on
the border crossing.
(5) a family member of citizen of European Union ^ 1b), which itself is not
a citizen of the European Union and in the territory intends to travel together with this
a citizen of the European Union or to travel for that citizen, who is already on the
the territory is staying, with a short-term visa, if
and counterfeit or forged) shall submit a travel document,
(b)) is a reason to suspect that suffer from a serious illness,
(c)) is a reasonable danger that he would stay in the territory could compromise the
the security of the State or seriously disrupt public order,
(d)) is included in the information system of the Contracting States and the
authority of the family into this system to provide ranked
the additional information after the evaluation can be considered, that it takes
reasonable danger that he could stay on the territory of another Contracting
State compromise its safety, or seriously harm the public
order, or
e) committed the circumvention of this law in order to get a visa to stay on
the territory, in particular if the assigned closed marriage.
(6) the Office shall inform a family member of a citizen of the
The European Union, which itself is not a citizen of the European Union and in the territory intends to
travel together with the citizen of the European Union or to travel to this
citizen, who is already on the territory of staying away, the reasons for refusal of visa and its
permissions apply within 15 days from the date of delivery of the notice of
the refusal of the Visa Department of Foreign Affairs on a new assessment of the reasons
the refusal of the visa (section 180e) and the subsequent review of the reasons options
the refusal of the visa. In the case of refusal of visas at the border crossing
for information about permission to ask for a new assessment of the reasons for the refusal of a visa
Ministry (section 180e) and the subsequent review of the reasons for not giving options
Visa court tells police.
section 21
cancelled
the title launched
section 22
cancelled
section 23
cancelled
the title launched
section 24
cancelled
§ 25
cancelled
the title launched
section 26
cancelled
Section 26a
cancelled
section 27 of the
cancelled
section 28
cancelled
section 29
cancelled
the title launched
section 29a
cancelled
section 29b
cancelled
Part 4
Temporary stay in the territory on a long-term visa or permit
long-term residency
Section 1
Visa to stay over 90 days
section 30
(1) the visa to stay over 90 days, the Ministry grants at the request of foreigners,
which intends to reside on its territory for the purpose of requiring a longer stay on the territory of the
than 3 months. Visa to stay over 90 days cannot be granted for the purpose of
employment.
(2) Visa for a stay over 90 days are also granted to foreigners for the purpose of
the takeover of the residence permit, a long-term residence permit for
the purpose of cohabitation family, study or scientific research,
long-term residence permit issued pursuant to section 42, paragraph. 3, § 42 g or
§ 42i or for the purpose of filing an application for a long-term residence permit
issued by the Ministry of Foreign Affairs (§ 49).
(3) the Visa referred to in paragraphs 1 and 2 shall be granted with a term of validity of 6
months.
(4) the visa to stay over 90 days for the purpose of taking over an authorisation to
long-term stay for the purpose of cohabitation family, study or
scientific research, long-term residence permit issued pursuant to section 42
paragraph. 3, § 42 g or § 42i or permanent residence permit entitles the
foreigners to stay in the territory for a period of 60 days. Visa to stay over 90 days
the purpose of the submission of the application for a long-term residence permit issued by the
The Ministry of Foreign Affairs, entitles him to stay for a period of 30
working days. In the case of the takeover of the authorization referred to in the first sentence, or
submission of the application referred to in the second sentence the reasons preventing the will of foreigners, the independent
duration of stay shall be considered after the entry of the alien into the territory for extended to
until these reasons have ceased to exist. The foreigner is obliged after the demise of the reasons
in accordance with the third sentence these reasons shall immediately notify the Department, if the
visa issued for the purpose of taking long-term residence permit for
the purpose of cohabitation family, study or scientific research,
long-term residence permit issued pursuant to section 42, paragraph. 3, § 42 g or
§ 42i or permanent residence permit, or the Ministry of foreign
things, if it is a visa issued for the purpose of submission of the application for authorisation to
long term residence issued by that Ministry.
(5) an application for a visa to stay over 90 days for the purpose of the research is on
territory entitled to an alien who is the holder of the authorisation to
long-term stay for the purpose of scientific research on the territory of another
the Member State of the European Union ^ 29), if the fulfilment of the purpose of the stay
requires the alien's stay in the territory of more than 3 months.
section 31
Requirements for an application for a visa to stay over 90 days
(1) the application for a visa to stay over 90 days national is obliged to
submit
and) travel document,
(b) the document confirming the purpose of the stay) in the territory,
(c)) the means to stay in the territory (section 13),
(d)), the proof of accommodation for the duration of stay in the territory,
(e)); This does not apply if the sourced image record
foreigners.
(2) the application for a visa to stay over 90 days for the purpose of the research is to
an alien who holds a residence permit for the purpose of scientific
research on the territory of another Member State of the European Union of 29), obliged to ^ ^
submit
and) hosting agreement concluded with a research organisation, which has its registered office
on the territory of that Member State,
(b)) the formalities referred to in paragraph 1 (b). ) and (e)),
(c) a written statement of the research organisation) (section 42f (1)) about the purpose of its
stay on the territory and
(d)) on request the documents referred to in paragraph 4.
(3) the application for a visa to stay over 90 days for the purpose of business is to
the alien shall be obliged to submit the particulars referred to in paragraph 1 (b). and (c)))
e), and proof of registration in the relevant register, list, or
evidence ^ 30).
(4) the application for a visa to stay over 90 days is a foreigner upon request
also be required to provide
and a similar statement from the document) criminal records as a basis for
assessment of the criminal indemnity (section 174) issued by the State, which is
alien nationality, as well as States in which the alien has resided in
the last 3 years continuously for longer than 6 months, or honorary
Declaration in the event that this State does not issue such a document; document
be required from foreigners under the age of 15 years,
(b)), that the medical report do not suffer from a serious illness; to submit a medical
messages can be applied only in the case of a reasonable suspicion that a serious
suffering from disease.
(5) the obligation to submit the application for a visa to stay over 90 days
resources to stay on the territory referred to in paragraph 1 (b). (c)) shall not apply to
husband azylanta or persons enjoying subsidiary protection in accordance with
special legal regulation ^ 2), whose marriage to teach or
a person enjoying subsidiary protection was founded before the entry to the territory,
minor child azylanta or persons enjoying subsidiary protection or
the spouse or minor child azylanta beneficiaries of supplementary
the protection. Instead of the travel document referred to in paragraph 1 (b). and) are
the foreigners referred to in the first sentence, to the application for a visa to stay above 90
days are entitled to submit another document issued by the State of which they are a citizen of the
or where they are staying, from which you can find out information about their identity and
citizenship.
(6) proof of accommodation referred to in paragraph 1 (b). (d)) means the
proof of ownership of an apartment or House, proof of the legitimacy of the use of the apartment
or a house or a written confirmation of the person who is the owner or
authorized user of the apartment or House, with its's officially certified signature,
which is granted to foreigners with accommodation. Accommodation can be
ensure only the object that is according to a special legal
Code ^ 31) is marked with the registration number or, where appropriate, friendly
the indicative number, and is in accordance with the building Act intended for housing,
accommodations or recreation. If a written confirmation of the consent referred to in
the first sentence is made electronically, must be signed by a recognized
electronic signature; This shall not apply where the certificate is delivered to the
through the data on the Clipboard.
(7) before designating a visa for a stay over 90 days national is obliged to
submit proof of travel health insurance for the duration of the stay on the
territory that corresponds to the conditions set out in § 180j. At the same time is obliged to
upon request, provide proof of payment of the premium referred to in the
the document about travel health insurance. This does not apply with respect to the cases
referred to in section paragraph 180j. 4.
§ 32
cancelled
section 33
Visa to stay over 90 days for the purpose of prolonging the stay on the territory of the
(1) the Ministry will grant a visa to stay over 90 days for the purpose of prolonging the
stay on the territory of aliens,
and in a departure from) the territory of the obstacle will prevent its independent
or conditions are met under section 179, paragraph. 5,
(b)) who is a witness or victims in criminal proceedings and its participation in the
management is necessary,
(c)) that at the time of validity of the residence permit whose validity cannot be
extend, asked on the territory on the issue of permanent residence permit, if
to do so under section 69 shall be entitled to and this request was not decided at the time of
the validity of the residence permit of the alien in the territory, or
(d)) which filed suit against the decision of the Ministry, which was
invalidated visas to stay over 90 days or for the long-term
or rejection of an application for an extension of the validity of the permit
long stay or a request for a permanent residence permit,
conditions, at the same time he handed the proposal on granting suspensive effect of this
the action.
(2) an application for a visa to stay over 90 days for the purpose of prolonging the stay
the territory referred to in paragraph 1 shall be made in the territory of the Ministry.
(3) the Ministry also grants a visa to stay over 90 days for the purpose of prolonging the
stay on the territory of aliens whose departure from the territory is not possible (section 120a).
(4) the visa to stay over 90 days for the purpose of prolonging the stay on the territory of the
affixed to a travel document by the Ministry.
(5) the period of validity of the visa to stay over 90 days for the purpose of prolonging the stay of
the territory of the Ministry provides for the time strictly necessary, however, to
for 6 months.
(6) an alien who has been granted a visa for a stay over 90 days for the purpose of
prolonging the stay on the territory of the reason referred to in paragraph 1 (b). and) is required to
at the request of the Ministry show that the obstacle to the exit from the territory of the
It takes; If this will prove an obstacle to foreigners, the independent
demonstration of substitute affidavit.
§ 34
Requirements for an application for a visa to stay over 90 days for the purpose of
prolonging the stay on the territory of the
The application for a visa to stay over 90 days for the purpose of prolonging the stay
on the territory of the alien is obliged to submit
and) travel document, if its holder and, if the period of validity has not expired
the travel document,
(b)) a certified copy of the document attesting the existence of the grounds under section 33
paragraph. 1 (a). and); Unable to produce such proof of the reasons for his
will independent, can this document replace the formal declaration,
(c)),
(d)) document confirming the existence of reason according to § 33 paragraph. 1 (a). (b)),
e) travel health insurance, which matches the conditions
referred to in § 180j, upon request and proof of payment of the insurance premium,
indicated on the document of travel health insurance, if the alien
According to § 33 paragraph. 1 (a). (c)); This does not apply with respect to the cases referred to in §
180j, paragraph. 4,
f) proof of the action and the proposal on granting suspensive effect of this
the action, in the case of a foreigner under section 33, paragraph. 1 (a). (d)).
the title launched
section 35
Extension of period of stay on the territory of the visa to stay over 90 days
(1) the duration of the stay in the territory, which is shorter than the period of validity of the visa to the
stay over 90 days, the Ministry repeatedly extended, at the request of the alien
under the condition that takes the same purpose for which the visa was issued, the longest
However, until expiry of the visa.
(2) the application for extension of period of stay on the territory of the visa to stay over
90 days is the alien shall be obliged to submit the particulars referred to in section 31, paragraph. 1
(a). and (d))) and on the request of relevance under section 31, paragraph. 4 (b). (b)).
Furthermore, the alien is obliged to submit proof of travel health
insurance for the period of stay in the territory, which corresponds to the conditions set out in
§ 180j. At the same time, upon request, be required to provide proof of payment
the insurance referred to in the document about travel health insurance.
The obligation to submit proof of travel health insurance for
stay on the territory does not apply with respect to the cases referred to in § 180j, paragraph. 4.
The foreigner is obliged at the request of the Ministry of the present in case
change of form and photo.
(3) the duration of the stay on the territory of the visa to stay over 90 days cannot be extended,
If the Ministry finds the reason for initiating the proceedings on the revocation of the
This visa (section 37).
section 36
Extension of the period of validity of the visa and the period of stay in the territory on a visa to
stay over 90 days for the purpose of prolonging the stay on the territory of the
(1) the application for extension of the period of validity of the visa and the visa period of stay
to stay over 90 days for the purpose of prolonging the stay in the territory is the stranger
obliged to submit to the requirements referred to in section 34 (a). and (b))), d) and (e)) and in the
the case of change of form, at the request of the Ministry and the photos.
(2) an alien who has been granted a visa under section 33, paragraph. 3, is required to
the request for extension of the period of validity of the visa and the visa period of stay
stay over 90 days for the purpose of prolonging the stay on the territory of the present
relevance, pursuant to section 34 (a). and, to demonstrate), or the fact
showing the duration of the reasons to make travel and in case of changes
the form on the request of the Ministry to submit photos.
(3) the period of validity of the visa and stay in the territory on a visa to stay above 90
days for the purpose of prolonging the stay in the territory cannot be extended if
the Ministry finds the reason for initiating the proceedings on the revocation of the
This visa (section 38).
§ 37
Revocation of a visa for a stay over 90 days
(1) the Ministry of invalidates the visa to stay over 90 days, if the
the stranger
and been convicted) he was committing an intentional crime,
(b)) does not fulfil the purpose for which the visa was issued, or
(c)) on the abolition of the visa request.
(2) the Ministry further invalidates the visa to stay over 90 days, if the
and the stranger in the application) of visa said false information or to
requests submitted falsified or altered documents or documents in the
which the data relevant to the assessment of the application do not comply with
the fact,
(b)) one of the stranger no longer fulfils the conditions for the issue of visas,
(c) the police control when a residence) [section 167 (b), (d))] finds the fact
pursuant to section 9 (2). 1 (a). and) or (b)) and
1. a foreigner within the deadline set by the police does not submit a confirmation that
asked about the release of the new travel document, or
2. Although the reason for the release of the alien passport or travel card
the identity of the alien on the issue of a travel document,
(d) the alien's travel document) was the authority of the State which issued it,
declared invalid or stolen and the alien fails to confirm
referred to in subparagraph (c)) or because of point 1 referred to in subparagraph (c)), 2,
(e) has not fulfilled an obligation) alien under section 88, paragraph. 2,
(f) another State of the European Union), or the Contracting State exercising a common
procedure in case of expulsion of foreigners decided expulsion from his
the territory of ^ 9a) due to conviction of a foreigner to the imprisonment of a duration
at least 1 year or for reasonable suspicion that he has committed a serious crime
activity or such activity on the territory of a State is being prepared
The European Union or of the Contracting State making the common procedure in
things, and expulsions on grounds of violation of the legislation of the
governing the entry and stay of foreigners on their territory, or
g) alien in residential inspection fails to submit proof of travel
health insurance, which corresponds to the conditions set out in § 180i or section
180j, even within the time limit laid down by the police; This does not apply with respect to the cases
referred to in section paragraph 180j. 4,
provided, that the consequences of this decision will be a reasonable reason for
the cancellation of the visa. When assessing the proportionality of the Ministry
account shall be taken in particular of the consequences of this decision in private and family
the life of a stranger.
(3) the Ministry of the decision invalidates the visa to stay over
90 days, time to travel from the territory and grant foreigners outreach
the command; the foreigner is obliged, within the time limit of the territory.
section 38
Revocation of a visa for a stay over 90 days for the purpose of prolonging the stay of
the territory of the
(1) an alien shall be obliged to ask for the cancellation of the visa to stay above 90
days for the purpose of prolonging the stay in the territory granted due under section 33
paragraph. 1 (a). and) no later than 3 days after the disappearance of barriers to exit and for
a visa issued under section 33, paragraph. 3 not later than 5 days after the disappearance of reasons
to make travel.
(2) the Ministry of invalidates the visa to stay over 90 days for the purpose of
prolonging the stay in the territory, where there are no longer grounds for which this
the visa is issued, and the alien did not ask for the cancellation of the visa in the time limit
under the preceding paragraph, or if the visa is issued under section 33, paragraph.
1 (a). (d)) and court action, admitted a suspensory effect.
(3) the Ministry of the decision on the revocation of the visa to stay above 90
days for the purpose of prolonging the stay in the territory shall set a deadline for the departure of the
territory and grants foreigners an exit command; the foreigner is obliged in the established
the time limit of the territory.
section 39
cancelled
Section 2
Temporary stay in the territory on a diplomatic visa and special visa
section 40
(1) Diplomatic visa means the visa to stay over 90 days granted
aliens on the basis of the official application and marked as a "Diplomatic
Visa ". Diplomatic visa can be affixed to a diplomatic passport or
another travel document for foreigners, which enjoys the relevant privileges and
immunities.
(2) Special Visa means the visa to stay over 90 days granted
aliens on the basis of the official application and marked as a "special visa".
Special visa can be affixed to a passport or another travel
document the alien who enjoys the relevant privileges and immunities.
(3) the application for the granting of diplomatic or special visa is an alien
obliged to submit proof of travel and photography. Before designating a visa is
a foreigner shall, on request, provide proof of travel health
insurance for the period of stay in the territory, which corresponds to the conditions set out in
§ 180j; on request, the stranger at the same time obliged to submit proof of
payment of the premium referred to in the document about travel health
the insurance. The second sentence shall not apply with respect to the cases referred to in § 180j
paragraph. 4.
(4) Diplomatic visa and the Visa Office of the Special Representative.
§ 41
The Declaration of invalidity of the diplomatic visas and special visas
Diplomatic visa or special visa declares void
The Ministry of Foreign Affairs.
Section 3
Temporary stay in the territory on the basis of a long-term residence permit
section 42
Long-term residence permit
(1) an application for a long-term residence permit is entitled to a stranger,
who is staying in the territory of a visa for a stay over 90 days, on the territory of
temporarily reside for a period of longer than 6 months, and if the same purpose
the stay.
(2) the application for a long-term residence permit is also entitled to
an alien who has resided in the territory for a visa to stay over 90 days for the purpose of
prolonging the stay pursuant to § 33 paragraph. 1 (a). and (c))) or § 33 paragraph. 3 and
Subsequently the territory of staying on a long-term residence permit for the purpose of
prolonging the stay issued in accordance with section 43, is staying on the territory for a continuous
for at least 3 years.
(3) the application for a long-term residence permit is also entitled to
the husband, a minor or an adult dependent child or spouse of such
the child of a foreigner who applies for the issue of long-term residence permit for
the purpose of scientific research or already for this purpose on the territory of staying (hereinafter
"the family researcher"). The application is a family
the researcher must submit to national requirements referred to
in section 31, paragraph. 1 (a). and (c))) to (e)) and demonstrate that it is a family
a national researcher; on request it is also obliged to
submit the particulars referred to in section 31, paragraph. 4. Before designating a visa to
stay over 90 days for the purpose of taking over the long-term residence permit is
a family member of the researcher is obliged to submit proof of
travel health insurance for the period of stay in the territory, which corresponds to the
the conditions set out in § 180j. At the same time is obliged to supply on request
proof of payment of the premium referred to in the document about travel
health insurance. This does not apply with respect to the cases referred to in § 180j
paragraph. 4.
(4) an application for a long-term residence permit is also entitled to
an alien who is staying in the territory of a member of the staff of the representative
the authority of a foreign State or an international governmental organization accredited in
The Czech Republic, or as his family member registered
The Ministry of Foreign Affairs.
(5) the application for a long-term residence permit referred to in paragraph 1, 2 or 4
serves Ministry and request for a long-term residence permit under
paragraph 3 shall be submitted at the Embassy on the official form.
Submit a request for a long-term residence permit to the Ministry is on
entitled to a family member of the researcher, who is the holder of
visa to stay over 90 days. In the request is an alien shall be obliged to indicate the information in the
the range of application for a permanent residence permit.
(6) an alien is entitled to remain in the territory after the period referred to in the licence of the
residence permit, unless otherwise specified.
section 42a
Long-term residence permit for the purpose of cohabitation on family
the territory of the
(1) an application for a long-term residence permit for the purpose of the common
the coexistence of the family on the territory of the ^ 9 c) (hereinafter referred to as "the common cohabitation of family") is
entitled to an alien who is
and a husband with a stranger), residents,
(b)) a minor or adult dependent child of the alien-enabled
residents,
(c)) a minor or adult dependent child of a husband with a stranger
residents,
(d)), who was a stranger to minor aliens with residents on the territory of the
or a decision of the competent authority entrusted with the husband to spare
family care, or that he was a stranger with residents on the territory or
his husband, osvojen or whose guardian or husband to his
guardian is the stranger with the residents on the territory, if the care
the minor foreigners to exercise on the territory,
(e) a parent of a minor alien) who has been granted asylum in accordance with
special legal regulation ^ 2); If he is not a minor alien
parents are entitled to claim another of his direct relatives in the ascending
line, and if there is such a relative, is entitled to request the guardian
minor aliens
(f)), the lone stranger older 65 years or whatever the age of the stranger,
which of themselves can take care of himself for health reasons, with respect to
family reunification with a parent or child with residents in the territory.
(2) the application for a long-term residence permit for the purpose of the common
the coexistence of the family is further entitled to an alien who, before entering the
the territories resided in the territory of another Member State of the European Union as a
the family of the holder of long-term residence permit for the purpose of
the performance of highly qualified employment ^ 32) (hereinafter referred to as "blue
card "). The request is an alien shall be obliged to submit within 1 month from the date of
entry into the territory.
(3) an alien referred to in paragraph 1, which was allowed to stay on the territory of, or
granted asylum, for the purposes of this Act, be deemed to wearers of permission
to family reunification.
(4) an application for a long-term residence permit for the purpose of the common
the coexistence of the family served the stranger at the Embassy.
(5) during the stay in the territory on a visa to stay over 90 days or
long-term residence permit issued for other purposes may an alien
application for a long-term residence permit for the purpose of cohabitation
Family Lodge on the territory of the Ministry.
(6) a long-term residence permit for the purpose of marriage family
the foreigners be granted if the
and the stranger with whom) should be allowed to cohabitation family, is
holds a long-term residence permit or permanent
stay and is staying in the territory for at least 15 months; If the merge
at the same time, each of them must reach the age of 20 years,
(b)) the alien has to be allowed to cohabitation family, staying
in the territory for at least 6 months and is the holder of a permit issued by the
According to § 42 g,
c) husband to be allowed to cohabitation family, was
granted asylum under a special legal regulation ^ 2), if the marriage
established prior to its entry to the territory,
d) minor foreigners, are to be allowed to cohabitation
the family was granted asylum under a special legal regulation ^ 2)
(e)) of foreigners referred to in paragraph 1 (b). d) or (f)), or
f) alien, which is to be allowed, cohabitation family, is
the holder of a blue card.
(7) in the case of a polygamous marriage could not be for the long-term
stay for the purpose of cohabitation of the family issue, whose husband foreigners
is the bearer permission to merge the family and already on the territory of another
his wife is staying.
section 42b
Requirements for applications for long-term residence permit for the purpose of
cohabitation family
(1) an application for the issue of long-term residence permit for the purpose of
cohabitation families the alien is obliged to submit
and) set out in section 31, paragraph. 1 (a). and), d) and (e)),
(b) the document confirming relationship); If the request for extradition
long-term residence permit for the purpose of cohabitation with the family
the bearer permission to family reunification, which was granted asylum by
special legal regulation ^ 2), can be used to prove the relationship to other
in a credible manner, it is not possible to submit the document,
(c) the consent of the parents, if applicable) to another legal representative or guardian with
residents of the child in the territory, if it is not about cohabitation families with this
a parent, legal guardian or guardian; This does not apply if the alien
It proves that this document cannot, for reasons independent of his will
submit or if you already have a child resides in the territory,
(d)) document proving that the total monthly income of the family after the merger
will not be lower than the sum of the
1. the amounts of life lows ^ 9 d) family members and
2. the maximum amount of normative cost of housing provided for
the purpose of the housing allowance a special legal regulation ^ or 9e)
the alien to the satisfaction of the amount of actual justified
the costs incurred for housing families.
For the receipt of income is considered to be creditable under the Act on environmental and
an existential minimum, with the exception of a one-time income, child,
unemployment benefits, retraining, support and benefits in the system
assistance in material need; for the purposes of calculating income, § 8 paragraph. 2 to 4
the Act on the environmental and existential minimum does not apply.
(2) the application for the issue of long-term residence permit for the purpose of
cohabitation family is an alien who has resided as a family
Member of the holder of a blue card in another Member State of the European
Union ^ 32), be required to provide proof of permission to stay, that he
as a family member of the holder of a blue card issued in another Member
State of the European Union.
(3) if the request for the issue of long-term residence permit for the purpose of
cohabitation families the bearer permission to family reunification,
which was granted asylum under a special legal regulation, submitted ^ 2)
within 3 months from the date of legal effect a decision granting
asylum is obliged to submit a request to the alien only a travel document and
photography and demonstrate the relationship in the manner referred to in paragraph 1 (b).
(b)).
(4) an application for the issue of long-term residence permit for the purpose of
cohabitation family is stranger, on request, also be obliged to attach
the documents referred to in section 31, paragraph. 4.
(5) before designating a visa for a stay over 90 days for the purpose of taking
long-term residence permit for the purpose of marriage is the family
the alien shall be obliged to submit proof of travel health insurance after
period of stay in the territory, which corresponds to the conditions set out in § 180j.
At the same time is obliged, on request, provide proof of payment of the premium
listed on the document about travel health insurance. This does not apply,
with respect to the cases referred to in § 180j, paragraph. 4.
section 42 c
Long-term residence permit a resident of another Member State
Of the European Union
(1) an application for a long-term residence permit in the territory is entitled to
the holder of a permanent residence permit with a recognised legal status
long-term resident status in the territory of the European Community
another Member State of the European Union ^ 47) (hereinafter referred to as "resident of the other
the Member State of the European Union "), if the territory intends to reside temporarily
for a period longer than 3 months.
(2) the application for a long-term residence permit referred to in paragraph 1 shall
a resident of another Member State of the European Union at the Embassy
or on the territory of the Ministry. The territory is a resident of another Member State
The European Union is obliged to submit the application at the time of validity of the permission to
temporary residence on the territory, and at the latest within 3 months from the date of entry
on the territory.
(3) the application for the issue of long-term residence permit referred to in paragraph 1
the applicant is required to submit
and the document proving the return) the legal status of resident of another
the Member State of the European Union,
(b)) travel health insurance for the period of stay in the territory,
that matches the conditions specified in § 180j, and, on request, evidence of
payment of the premium referred to in the document about travel health
insurance; This does not apply with respect to the cases referred to in § 180j, paragraph. 4,
(c)) document proving that the total monthly income of the applicant and, together with the
It assessed the persons residing in the territory will not be lower than the sum of the
amounts of life lows ^ 9 d) applicant and jointly evaluated persons with him
and the highest amount of normative cost of housing provided for the purposes of
housing allowance a special legal regulation ^) or the amounts, 9e
by the applicant to the satisfaction of the amount of actual justified
the cost expended on your housing and together examined persons;
together under consideration by persons for the purposes of this Act, means the person
referred to in section 4, paragraph 4. 1 of the law on environmental and existential minimum for
the conditions referred to in section 4, paragraph 4. 2 and 3 of the Act on environmental and existential
all time low; for the receipt of income is considered to be creditable under the law on
environmental and existential minimum, with the exception of a one-time income,
child, unemployment benefits, retraining, support
and benefits in the system of assistance in material need; for the purposes of the calculation of the income section
8 (2). 2 to 4 of the Act on environmental and existential minimum does not apply,
(d)) the particulars referred to in section 31, paragraph. 1, with the exception of the elements referred to in section
paragraph 31. 1 (a). (c)), and
(e) the requirements of the on demand) section 31, paragraph. 4.
(4) an application for the issue of long-term residence permit for the purpose of
the employment of the applicant is obliged to submit to the employment contract, the agreement on the
work activities, the agreement on the implementation of the work or the contract of agreement
the future, in which the parties undertake to conclude within the time limit agreed in the basic
employment relationship, and the particulars referred to in section 31, paragraph. 1 (a). and (d)))
and (e)). On request, the applicant is required to submit further particulars under section
paragraph 31. 4.
(5) the application for a long-term residence permit is entitled to and family
the resident national of another Member State of the European Union, if he has
It allowed residence for the purpose of cohabitation of the family on the territory of the State,
that a resident of another Member State of the European Union the legal
position, or he was admitted to the territory of that State legal status
a resident of another Member State of the European Union granted.
(6) a family member of a resident of another Member State of the European Union
is obliged to prove compliance with the conditions referred to in paragraph 5 and to the application
submit proof of travel health insurance in accordance with paragraph 3
(a). (b)), document proving that the total monthly income of the applicant and
persons evaluated jointly with him [paragraph 3 (b) (c))] shall not be less than
the sum of the amounts of life lows ^ 9 d) applicant and together with him
the persons examined and the highest amount of normative cost of living
laid down for the purposes of housing allowance a special legal
^ Regulation) or the amounts, 9e by the applicant to the satisfaction of the amount
the actual costs spent on housing the justified and together
examined persons; and the particulars referred to in section 31, paragraph. 1 (a). and)
(d)), and (e)). On request, it is required to submit a further family member
requirements referred to in section 31, paragraph. 4.
section 42d
Long-term residence permit for the purpose of the study on the territory of the
(1) an application for a long-term residence permit for the purpose of studies on
the territory of ^ 9f) is entitled to submit to the Embassy of the foreigner, if
the territory intends to reside temporarily for a period longer than 3 months, and if the
study pursuant to section 64, with the exception of the education in the elementary school, Central
school or in the Conservatory, which is not carried out within the framework of an Exchange
program or professional practice carried out for consideration.
(2) the application for the issue of long-term residence permit referred to in paragraph 1
the alien is obliged to
and submit) as set out in section 31, paragraph. 1 (a). and (b))), d) and (e)),
(b) submit to the consent of the parents), or any other legal representative or
guardian, with his residence in the territory, if minor,
(c) prove the availability of funds to) stay in the territory (section 13), if the
study on the high school or unpaid professional experience; in the other
cases, proof of the fact that the costs of the stay of the alien takes over the domestic
the host organisation,
(d)) available on request under section 31, paragraph. 4.
(3) before designating a visa for a stay over 90 days for the purpose of taking
long-term residence permit for the purpose of the study is on the territory of an alien
obliged to submit proof of travel health insurance for
stay on the territory, which corresponds to the conditions set out in § 180j. At the same time
is obliged, on request, provide proof of payment of the premium
listed on the document about travel health insurance. This does not apply,
with respect to the cases referred to in § 180j, paragraph. 4.
§ 42e
Long-term residence permit for the purpose of protection on the territory of the
(1) a long-term residence permit for the purpose of protection on the territory of the ^ 9 g) issues
the Ministry at the request of foreigners, that is
and the likely victims of crime), trafficking in human beings, or ^ 9 h)
(b) the person for whom the) was organized, or allow illegal
crossing the State border ^ 9i), or by a person, which are being assisted to was
the unauthorized stay on the territory of the ^ 9i), whose testimony is relevant to the
detection of the perpetrator, or organized groups dealing with
organizing or allowing the illegal crossing of the State border
or helping the unauthorized stay on the territory of the
provided, that cooperates with law enforcement authorities in criminal proceedings on the
criminal proceedings against a suspected of committing this crime and
does not work with suspected of committing this crime. The authorisation
for a long-term stay for the purpose of protection on the territory of the Ministry shall issue the
Furthermore, the request of strangers, whose cooperation with law enforcement authorities
control is important for the prevention, detection, verification, or
the investigation of a crime or another intentional crime, to whose
the prosecution agrees to renowned international treaty, provided that the
cooperate with law enforcement authorities in criminal proceedings and does not work with
suspected of committing this crime.
(2) the alien referred to in paragraph 1 must be in the language in which it is
able to communicate, instructed law enforcement authority, or
the Ministry of law to ask for a long-term residence permit for
the purpose of the protection of the territory and of the conditions of stay. Aliens from
the day when he was instructed by the first sentence, granted a period for 1 month
the decision of whether to cooperate with law enforcement authority;
This period may be terminated, if the alien no longer fulfils
one of the conditions referred to in paragraph 1, if it is necessary to ensure the
the protection of public order or State security or alien
revocation request grace period. During the grace period
not a stranger to expel or otherwise terminate his residence on the territory and can be with him
the proceedings on the grant of international protection according to a special legal
code ^ 2). The time limit does not affect the proceedings on administrative expulsion of foreigners
or the management of its transfer under the international treaty, which is
part of the legal order of the Czech Republic.
(3) the application for a long-term residence permit for the purpose of protection on the territory of the
provided confirmation of the authority of law enforcement of compliance with
the conditions referred to in paragraph 1, the alien to the Ministry. Extradition request
long-term residence permit for the purpose of protection on the territory may submit and
the applicant for the grant of international protection ^ 2).
(4) the application for long-term residence permit for the purpose of protection of the
the territory is obliged to present the travel document, if its
holder, even if the expired-if the period of its validity, proof of
to ensure accommodation for the duration of the stay in the territory and photography.
(5) the long-term residence permit for the purpose of protection on the territory may also
the Ministry issued at the request of foreigners, that is
and her husband,)
(b)) a minor or adult dependent child, or
(c)) due to restrictions by decision of the competent authority entrusted with mom
to the care of foreigners referred to in paragraph 1,
If at the time of submission of the application in the territory of this remained an alien and
the reason for this is the common cohabitation of families. The application for the issue of permits
for a long-term stay for the purpose of protection on the territory of the alien is obliged to
to prove the fact, referred to in point (a)), b) or (c)), submit to the
the travel document, if its holder, and even if the elapsed time
its period of validity, and photos.
(6) if the alien has been granted in accordance with paragraph 2
the deadline for the decision whether to cooperate with the authority in
criminal proceedings, an applicant for a long-term residence permit for the purpose of
protection in the territory or the alien, to whom the permit is issued,
to ensure accommodation, accommodation shall provide the Ministry or entity
the person. The Ministry can arrange accommodation and foreigners referred to in
paragraph 5. The Ministry may, in writing, on the basis of concluded contracts
to contribute towards the cost of legal person associated with accommodation
foreigners.
section 42f
Long-term residence permit for the purpose of scientific research
(1) an application for a long-term residence permit for the purpose of scientific
r ^ 29) is entitled to submit to the Embassy the stranger who
with the research organisation hosting agreement ^ 9j) on the territory of the
temporarily reside for a period longer than 3 months (hereinafter referred to as the "research
the worker "). Research organisations for the purposes of this Act, means the
public research institutions, high school ^ 9 k) or other research
organizations included in the list of research organisations approved for
the admission of researchers from third countries in accordance with led
special legal regulation ^ 9j). Research activities will also
the activities of the academic worker or visiting professor in public
research institutions or other research organizations registered in the list of
the research organisations, approved for the recruitment of researchers
from third countries under special legislation ^ 9j).
(2) in the course of the stay on the territory of the visa to stay over 90 days or
long-term residence permit issued for other purposes can research
employee request for a long-term residence permit for the purpose of scientific
Research lodge on the territory of the Ministry.
(3) the application for the issue of long-term residence permit for the purpose of
scientific research is the researcher must submit
and) hosting agreement ^ 9j)
(b)) the particulars referred to in section 31, paragraph. 1 (a). ) and (e)),
(c) a written undertaking of the research organisation), to pay any costs
associated with the resident researcher in the territory after the expiry of the
permission to stay in the territory, including the costs associated with its
departure from the territory, if such costs are incurred within 6 months from the date of
of expiry of the hosting agreement ^ 9j) and were charged to the public
resources, and
d) on request, the particulars referred to in section 31, paragraph. 4.
(4) before designating a visa for a stay over 90 days for the purpose of taking
long-term residence permit for the purpose of scientific research is a research
a worker shall be obliged to submit proof of travel health insurance
that matches the conditions specified in § 180j, as from the date of entry into
the territory of the Czech Republic, until he will be covered by insurance
^ According to special legal regulation 33). At the same time is obliged to, upon request,
submit proof of payment of the premium referred to in the document about
travel health insurance. This does not apply with respect to the cases referred to in
§ 180j, paragraph. 4.
(5) for the duration of long-term residence permit for the purpose of
scientific research is the holder of a permit for the purposes of the payment of
the provision of health services considered foreigners with permanent-enabled
residents.
section 42 g
Employee card
(1) an employee card means a long-term residence permit
qualifying foreigners to temporary residence in the territory of more than 3 months
and to the employment position to which the employee was
card is issued, or on the job, to which consent was granted
the Ministry referred to in paragraph 7. The alien, which is under the law on
employment required a work permit or that is listed in section
98 the Employment Act, entitles the employee to stay on the card
the territory for employment purposes ^ 49).
(2) the request for the issue of employee card is entitled to a stranger,
If
and the purpose of his stay) on the territory of employment in one of the working
positions listed in the Central Register vacancies
obsaditelných holder of the employee cards
(b)) has entered into a contract, agreement or contract on the activities
a future in which the parties undertake to conclude within the time limit agreed in the
employment contract or agreement containing a provision activities,
from which it follows that, regardless of the scope of work monthly wage, salary
or reward foreigners will not be lower than the base rate, the monthly minimum
wages; weekly hours of work in each basic employment relationship
must be at least 15 hours and
(c)) has the competence for the performance of the required work, and this
the condition arises from the nature of the employment, or provided for by the international
the Treaty, in particular
1. has the required education; in justified cases, in particular in the case of
reasonable doubt, whether the alien has the required education or whether this
education corresponds to the nature of the work, at the request of the Ministry of
obliged to demonstrate that his foreign education was recognised by the competent
authority of the Czech Republic,
2. has the required professional qualifications, if it is under the Special
^ law 35) required, and
3. meets the conditions for the exercise of a regulated profession, with respect to such
the profession.
(3) the request for the issue of employee cards is also entitled to a stranger,
which was released on the job work permit,
If, under the law on employment, and the alien meets the required
the condition referred to in paragraph 2 (a). b). An alien in a position
partnership, a member of the statutory body or other authority business
the company or the position of a member of the cooperative or a member of the statutory
authority or other authority of the cooperative for the legal person performs tasks
resulting from its object, is entitled to submit an application for the issue of
employee card, if it has been granted a work permit.
(4) an alien as referred to in section 98 of the Act on employment, is entitled to request
the issue of employee cards, if it satisfies the condition set out in the
paragraph 2 (a). (b)).
(5) the request for the issue of employee cards are served on a representative
the Office. During the stay in the territory on a visa to stay over 90 days or
long-term residence permit issued for other purposes may an alien
the request for the release of the employee card to submit to the Ministry.
(6) the Ministry of employment card shall issue alien, if found
compliance with the conditions referred to in paragraph 2 (a). (b)), and (c)) and the Bureau of labor
Czech Republic-regional branch or the Branch Office for the city of Prague
issued a binding opinion that further employment of foreigners can be given to the
the situation on the labour market to allow, in the case of an alien who is not listed in the
paragraph 3 or 4, and
and staying) on the territory on the basis of a visa for a stay over 90 days,
(b)) is already on the territory of the employed and he was granted a permit for these purposes to the
employment, although the issue of employee cards is not in accordance with the law on the
employment is required, and
(c)) on the issue of employee asks the card to work in the same
the employer and at the same position, which already performs.
(7) the Change of employer or job holder
employee cards or employment of a foreigner in the other working position
or to the next employer is subject to the prior approval of the
of the Ministry. The Ministry grants at the request of the holder of the employee cards
with the change of the consent, if the conditions referred to in paragraph 2 and
in the absence of grounds referred to in section 56, with the exception of that referred to in section 56
paragraph. 1 (a). (f)). The request to grant consent to the change, according to the sentence
the first is an alien shall submit the relevant under section 42 h of paragraph 1. 1 (a).
(c)) and on the need for according to § 42 h of paragraph 1. 1 (a). (d)), if it is to exercise
desired job required different expertise, or if
the document, which has demonstrated competence in the issue of employee
card expired.
(8) paragraph 7 shall not apply in the case of an alien as referred to in section 98
the employment act or the alien, to whom it was issued on a new
the working position of the work permit, if, under the law on
employment required; the alien is in the case of a change of employer
or work or job classification to the next position or
for the next employer is obliged to notify the fact
the Ministry within 3 working days from the date on which it occurred.
§ 42 h
The elements of the request for the release of employee cards
(1) an application for the issue of employee card is an alien shall submit the
and if the requirements under section 31) paragraph. 1 (a). and), d) and (e)),
(b) on request, in accordance with the formalities) section 31, paragraph. 4,
(c)) the employment contract, an agreement on the work activities or the Treaty of the Treaty
future meeting the conditions referred to in section 42 g of paragraph 1. 2 (a). (b)),
d) documents to demonstrate competence for performance of the required
employment under section 42 g of paragraph 1. 2 (a). (c)), in the case of a request pursuant to § 42 g
paragraph. 2 or alien as referred to in section 42 g of paragraph 1. 6,
(e)) of a work permit, in the case of a request pursuant to § 42 g of paragraph 1. 3, and
(f)) document proving that this is an alien as referred to in section 98 of the Act on
employment, in the case of a request pursuant to § 42 g of paragraph 1. 4.
(2) before designating a visa for a stay over 90 days for the purpose of taking
employee card is an alien shall be obliged to submit proof of travel
health insurance, which corresponds to the conditions set out in § 180j,
at the time of the stay from the date of entry into the territory, until he will be
insurance cover under a special legal regulation ^ 33), and on the
request proof of payment of the premium referred to in the document about travel
health insurance; This does not apply with respect to the cases referred to in § 180j
paragraph. 4.
§ 42i
The blue card
(1) an application for the issue of a blue card ^ 32) is entitled to a foreigner, if the
the territory intends to reside temporarily for a period longer than 3 months, and will be
employed in the working position requiring high qualifications, which
under special legislation ^ 8e) can be occupied by a stranger,
who is not a citizen of the European Union, unless the
and the applicant for the issue) long-term residence permit for the purpose of scientific
research,
(b)) a family member of citizen of the European Union, if a citizen of the European
staying on the territory of the Union,
(c)), a resident of another Member State of the European Union, which on the territory of the
staying on the basis of a long-term residence permit under section 42 c for the purpose of
employment or business,
(d)) an alien who is staying in the territory in accordance with international treaty
facilitating the entry and temporary stay of certain categories of natural persons in
connection with trade and investment, which the Czech Republic is bound,
e) an alien who is staying in the territory on the basis of a permission to stay for
the purpose of the seasonal employment, or
(f)) an alien who is an employee of an employer from another Member
State of the European Union, seconded to work in the context of the transnational
the provision of services on the territory of the ^ 34).
(2) For high qualification referred to in paragraph 1 shall be considered duly completed
a college degree or higher professional education, if the study
It took at least 3 years.
(3) the request for the issue of a blue card alien served at the Embassy.
The territory is entitled to request for the issue of a blue card to submit to the Ministry of
an alien who is staying in the territory of the
and on the visa and residence) in excess of 90 days or long-term residence permit,
or
(b)) as the holder of a blue card issued by another Member State of the European Union
and the application shall within 1 month from the date of entry into the territory.
(4) the blue card entitles a foreigner to stay in the territory and for the performance of
highly qualified employment in the period.
(5) if the performance of highly qualified employment and is
a regulated profession, the Ministry shall decide on the release of the blue card
observations of the competent uznávacího authority ^ 35).
(6) the Ministry of a request for the release of the blue card, shall be refused if the
and submitted falsified) alien or amended requirements or in which the
the data relevant to the assessment of the application do not correspond to reality,
or
(b)) are found in section 9 (2). 1 (a). (f)), g), (h)), and)
or (j)),
(c)) is not a job position requiring a high
qualifications, which according to special legal regulation ^ 8e) can be
occupied by a foreigner who is not a citizen of the European Union.
(7) the Ministry of the blue tab in the section record shall indicate the type of permit
"EU BLUE CARD".
(8) if the holder of a blue card at the time of her employment
the validity of this fact, is obliged within 3 working days
notify the Department.
(9) Change of employer or job holder of a blue card
shall be subject to during the first two years of stay on the territory of the prior consent of the
of the Ministry. The Ministry will grant consent to the amendments at the request of
blue card holder, if the holder of this card the conditions referred to in
paragraph 1 continue to meets. After two years of stay on the territory of the
blue card holder shall be obliged to notify the Ministry of these changes within
3 working days.
(10) the Ministry after the assessment of the applications for the blue card in writing
inform the employer about the fact that the alien has complied with the conditions for the issue of
blue card; the information shall indicate the name, where applicable, the name, surname and
the citizenship of a foreigner, the date from which meets the conditions for issuance of the
the blue card, marking the positions for which the blue card
issued, the number of blue card issued by the aliens, and the date of its receipt.
§ 42j
The elements of the request for the issue of a blue card
(1) an application for the issue of a blue card is an alien shall submit the
and if the requirements under section 31) paragraph. 1 (a). and), d) and (e)),
(b) a contract for the performance of) employment high
qualifications agreed for a period of at least one year on the law
fixed weekly working time, which also includes the amount of the agreed
the gross monthly or annual wages corresponding to at least 1.5 times the amount of
average gross annual wage announced by the Ministry of communication and works
Social Affairs,
c) documents confirming the high qualifications,
(d)) with respect to the exercise of a regulated profession, a document of compliance with the conditions for
the performance of such a profession,
(e) the requirements of the on demand) section 31, paragraph. 4.
(2) an alien who prior to submitting an application for the issue of a blue card on the territory of the
He stayed as the holder of a blue card in another Member State of the European Union,
It is also obliged to submit a document proving the aggregate monthly income
family under section 42b, paragraph. 1 (a). (d)).
(3) before designating a visa for a stay over 90 days for the purpose of taking the blue
the card is an alien shall be obliged to submit proof of travel health
insurance, which corresponds to the conditions set out in § 180j, on time
stay from the date of entry into the territory, until he will apply
insurance under the special legal regulation ^ 32), and at the request of the document
of payment of the premium referred to in the document about travel health
insurance; This does not apply with respect to the cases referred to in § 180j, paragraph. 4.
§ 43
Long-term residence permit for the purpose of prolonging the stay on the territory of the
(1) a long-term residence permit for the purpose of prolonging the stay on the territory of the
grants to the Ministry at the request of the alien who has been granted a visa to
stay over 90 days for the purpose of prolonging the stay in the territory, under section 33, if
stay of the alien in the territory will be longer than 6 months, and insist the reasons for
the visa is issued.
(2) a long-term residence permit for the purpose of prolonging the stay on the territory of the
Furthermore, on request, shall grant the alien, to whom the permit has expired
long-term stay for the purpose of protection on the territory of, or was this
authorisation cancelled due to termination of the criminal proceedings, and proceedings are pending
against the employer for the payment of outstanding wages and the wage was not aliens
paid.
§ 44
(1) an alien who has made an application for the issue of long-term residence permit
at the Embassy, and he was granted a visa under section 30, paragraph. 4, is
obliged to issue a residence permit card within 3 working
days from the date of entry into the territory of the person to the Ministry to
the processing of the data needed for the issue of a certificate for a residence permit, and
including the acquisition of biometric data of the alien and his signature, which is
designed to further digital processing; the signature of the Pact, if
foreigners in its execution prevents hard to jump an obstacle. The stranger,
who has made an application for the issue of long-term residence permit in the territory of
Ministry and meets the conditions for issuance of the permit to the long-term
stay, is required to be on call person to process the data
necessary for the issue of a certificate for a residence permit, and including the acquisition of the
biometric data of the alien and his signature, which is designed to
further digital processing; the signature of the Pact, if the aliens in the
its hard to beat the obstacle preventing execution.
(2) an alien who has made an application for the issue of employee cards or blue
card, after the acquisition of biometric data, the Ministry issues a certificate of
the conditions for the issue of long-term residence permit.
(3) an alien is obliged, within the time limit laid down by the Ministry not later than
However, within 60 days from the date of acquisition of biometric data, the
the Ministry for the takeover of the residence permit card.
(4) long-term residence permit issued by the Ministry with the times
the validity of the
and necessary to achieve the purpose), which requires a stay in the territory, a shorter
than 1 year,
(b)) 1 year, if it is a temporary residence for the purpose of study with an estimated
time of stay longer than 1 year, or long-term residence permit for
sufferance stay,
(c) in the case of the joint) corresponding to the co-existence of the family during the
the licence for a residence permit, which was issued to carriers permission to
family reunification, but not less than 1 year,
d) 2 years in case of cohabitation family, bear
permission for family reunification issued a permanent residence permit,
(e) in the case of) a family member of a resident of the other
the Member State of the European Union, the time of validity of the certificate of authorization to
the stay, which was issued by the resident,
f) corresponding to the time specified in the contract for voluntary service, youth in
local host organization, with respect to the issue of permits to the
long-term residency in order to study the territory under section 42d,
(g) in the case of) a family member of the researcher
the time of validity of the long-term residence permit issued by the research
the worker, or
h) 2 years in other cases.
(5) the long-term residence permit for the purpose of protection on the territory of the
the Ministry issued with validity for the time necessary to achieve the purpose
stay, at least for a period of 6 months.
(6) the Employment card shall be issued for a period that has been closed
the contract or agreement on work activities, and for a period of
2 years; in the case of an alien as referred to in section 42 g of paragraph 1. 3 the employment
card issued for the duration of the relevant period referred to in the authorisation to
employment.
(7) the blue card is issued with a validity period of about 3 months longer than the
the time at which the contract was concluded, the longest, however, for 2 years.
(8) the blue card pursuant to section 42i is considered a valid
and by the time of the acquisition) the decision on the extension of the period of its
If the request for extradition is submitted at the time of the blue card
the validity of the blue card,
(b)), until another Member State of the European Union decides on the application for
the release of the blue card, if the extradition request is made in the blue card
the time of validity of the blue card pursuant to section 42i,
(c)) until the time of departure from the territory, if another Member State
The European Union issued a blue card,
(d)) for a period of 3 months from the date on which another Member State of the European Union
has not complied with the request of the alien for the issue of a blue card.
(9) the blue card issued by another Member State of the European Union on the territory of
considered to be valid until the entry into force of the decision on the release of
blue card pursuant to section 42i, if at the time of validity of the blue card issued by
another Member State of the European Union has asked for the extradition of an alien blue
card in accordance with section 42i and its issue was not decided at the time of validity of the
blue card issued by another Member State of the European Union.
(10) the validity of a long-term residence permit for the purpose of the common
the coexistence of the family issued by the family of the holder of a blue card and
on the validity of such permission issued by another Member State of the European
the Union, paragraph 8 and 9 shall apply mutatis mutandis.
§ 44a
(1) the Period of validity of the long-term residence permit can be repeatedly
extended
and) on the period provided for in § 44, paragraph. 5,
(b)) for a maximum period set out in section 44, paragraph. 4 (b). and (b))), e) to (h)),
(c)) for the duration of long-term residence permit, which was issued
carriers permission to family reunification, if the period of validity of the permit
for long-term stay according to § 44, paragraph. 4 (b). (c)),
(d)) for a period of 5 years, if the period of validity of the permit to the long-term
the stay under section 44, paragraph. 4 (b). (d)),
(e)) for a maximum period set out in section 44, paragraph. 7, if the blue card.
(2) the validity of a long-term residence permit for the purpose of the study on the territory of the
(section 42d) can be extended repeatedly, always, however, a maximum of 2 years, if
It was released for the purpose of education in the higher vocational school or study at
high school. If this permit is issued for the purpose of unpaid
professional practice, it can be extended only once for a period corresponding to the
the time specified in the contract of professional practice in the local host
the organization. In other cases, the validity of this authorization
does not extend.
(3) an application for the extension of the long-term residence permit
receives and decides on her Ministry. On the extension of the
long-term residence permit to § 35 paragraph. 2 and 3, § 36, § 46 paragraph. 3
and 7 and section 47 applies mutatis mutandis. If the request for the extension of the
employee card, you use the § 47 odst. 2 by analogy to the permission to
employment in the working position, the employee
the card is issued. If the extradition request employee cards according to § 42 g
paragraph. 6, the provisions of § 47 odst. 2 Similarly, the permissions to the performance
employment in the position, which is already a foreigner performs and on which
calls for the issue of employee cards. The third and fourth sentence shall not apply with respect to
about the job position that is required under the law on employment
work permit. If the Ministry rejects the request because of that
The Labour Office of the Czech Republic-regional branch or the branch to the main
City of Prague issued a binding opinion that further employment of foreigners
cannot be given to the situation on the labour market, to enable permissions to
employment from the day following the date of notification of this
the decision; suspensive effect of the appeal against this decision to the
permission for the performance of employment does not apply. Of notification of the decision referred to in
the previous sentence the Ministry without undue delay inform the employment office
Czech Republic-regional branch or the Branch Office for the city of Prague.
(4) the request for the extension of the long-term residence permit
issued for the purpose of cohabitation is a family shall be obliged to
submit the particulars under section 42b, paragraph. 1 (a). and), c) and (d))
travel health insurance for the duration of the stay on the territory of that
matches the conditions specified in § 180j. At the same time obliged on request
submit proof of payment of the premium referred to in the document about
travel health insurance. This does not apply with respect to the cases referred to in
§ 180j, paragraph. 4. If the carriers permission to family reunification
granted asylum, a foreigner is obliged to submit only a travel document.
The validity of the long-term residence permit issued for the purpose of the common
the coexistence of the family cannot be extended, if the reason for the initiation of
revocation of this authorization (section 46a).
(5) the request for the extension of the long-term residence permit
issued to a resident of another Member State of the European Union is an alien
obliged to submit the particulars under section 42 c of paragraph 1. 3, with the exception of the document
the like statement of criminal records issued by the State, which is
a citizen or in which it resided, and the medical report that does not suffer from a serious
diseases. The request for the extension of the permit to the long-term
stay for the purpose of a business is also obliged to submit relevant under section
paragraph 46. 7. The request for the extension of the permit to the long-term
stay for the purpose of employment is an alien shall submit the work
the Treaty, the agreement on the work activities or the agreement on the implementation of the work and
the particulars referred to in section 31, paragraph. 1 (a). and), d) and (e)).
(6) the request for the extension of the long-term residence permit for
the purpose of the study in the territory issued under section 42d is an alien shall be obliged to
and submit the requirements referred to in §) 31, paragraph. 1 (a). and (b))), d) and (e)),
(b)) submit proof of travel health insurance for the duration of the stay on the
territory that corresponds to the conditions set out in § 180j, and at the same time
request to submit proof of payment of the premium referred to in the document about
travel health insurance. This does not apply with respect to the cases referred to in
§ 180j, paragraph. 4,
(c) prove the availability of funds to) stay in the territory (section 13), if the
study on the high school or unpaid professional experience; in the other
cases, proof of the fact that the costs of the stay of the alien takes over the domestic
the host organisation,
(d) submit to the consent of the parents) or another legal representative or
guardian, with his residence in the territory, if it is a minor.
(7) an application for the extension of the long-term residence permit for
the purpose of the protection on the territory served the Ministry. The application is an alien
obliged to submit requirements according to § 42e of paragraph 1. 4, with the exception of
photos. In the case of a change of the form of the alien is obliged, upon request,
to submit a photo.
(8) the request for the extension of the long-term residence permit for
the purpose of scientific research is the researcher must submit
the travel document and the particulars referred to in section 42f of paragraph 1. 3 (b). and (c))) and
at the request of the medical report that does not suffer from a serious illness. The validity of the
long-term residence permit for the purpose of scientific research cannot be
extended if the Ministry finds a reason for the initiation of
revocation of this authorization (section 46d). A family member
the researcher is obliged to request the extension of the
long-term residence permit to submit the particulars referred to in section 31
paragraph. 1 (a). and (c))) and (e)) and demonstrate that it is a family member of a
researcher.
(9) the validity of the employee cards can be used when the conditions described in section
42 g of paragraph 1. 2 (a). (b)), and (c)), section 42 g of paragraph 1. 3 or 4 repeatedly to extend the
the time at which the contract was concluded or working agreement
activities, however, for a maximum period of 2 years; in the case of foreigners, which
employee's card has been issued under section 42 g of paragraph 1. 3 the validity of the
employee cards will extend the period of time corresponding to the time specified in the
decision on the extension of a work permit. The request for the extension of the
the validity of the employee cards are served to the Ministry. The application is
the alien shall be obliged to submit
and if the requirements under section 31) paragraph. 1 (a). and (d))),
(b)), the employment contract or agreement on work activities, satisfying the conditions
referred to in section 42 g of paragraph 1. 2 (a). (b)) for the period, which calls for the extension of the
the validity of the employee cards
(c)) decision on the extension of a work permit, in the case of foreigners,
which have been issued employment card under section 42 g of paragraph 1. 3,
d) documents to demonstrate competence for performance of the required
employment under section 42 g of paragraph 1. 2 (a). (c)), in the case of foreigners, which was
employment card issued under section 42 g of paragraph 1. 2 If the document, which
the stranger has demonstrated its competence in the Ministry Edition
employee cards, expired,
(e) the requirements of the on demand) section 31, paragraph. 4 and
(f) in the case of changes).
(10) the Ministry extended the validity of the employee cards,
If an alien does not fulfil the conditions referred to in section 42 g of paragraph 1. 2 (a). (b)), and (c)), section
42 g of paragraph 1. 3 or 4 or if the reason for the initiation of proceedings for cancellation of the
the validity of the employee card (§ 46e), and further, if the Labour Office
Czech Republic-regional branch or the Branch Office for the city of Prague
issued a binding opinion that further employment of foreigners cannot be given
the situation on the labour market to enable.
(11) the request for the extension of the blue card is served to the Ministry.
The application is an alien shall submit the particulars referred to in section paragraph 42j. 1
(a). and (d))), with the exception of the photo.
(12) If an alien meets the conditions for the extension of the authorisation to
long stay, is obliged to personally attend to the challenge on
the Ministry for the processing of the data needed for the issue of a certificate of
residence permit, including foreigners and acquisition of biometric data
his signature, which is designed to further digital processing;
the signature of the Pact, if the aliens in its execution prevents hard
to jump an obstacle.
(13) an alien is obliged, within the time limit laid down by the Ministry not later than
However, within 60 days from the date of acquisition of biometric data, the
the Ministry for the takeover of the residence permit card.
section 45
(1) an alien who intends to reside in the territory for a purpose other than that which he
He was allowed, is obliged to ask the Ministry to grant a new permit
for a long-term stay. The new long-term residence permit cannot be granted
in the cases referred to in § 33 paragraph. 1 or 3, except in cases of
referred to in § 42 paragraph. 2. An alien who intends to reside in the territory of the
the purpose of the business, may ask for such a change, if the holder of the
a valid long-term residence permit and on the territory of staying for a longer period
than 2 years.
(2) an alien with permitted long-term residents for the purpose of the common
the family is authorized to live together after 3 years of residence in the territory of or after reaching
the age of 18 years to ask the Ministry to issue a permit to the long-term
stay for any other purpose.
(3) an alien with permitted long-term residents for the purpose of the common
the coexistence of the family, who is a survivor of a person when carriers permission to
family reunification, is entitled to ask the Ministry to issue the permit to
long stay for other purposes, if
and the date of death of the bearer) for permission to merge the family resided on the territory of the
continuously for at least 2 years; the condition of continuous stay
does not apply if the alien in the wake of the conclusion of the marriage with the bearer permission
to merge the family ceased to be the State citizenship of the Czech Republic, or
(b)) to the death of the bearer permission to family reunification occurred as a result of
an accident at work or an occupational disease.
(4) an alien with enabled long-term residents for the purpose of the common
the coexistence of the family is entitled to request the issuance of a permit to the long-term
stay for other purposes in the event of a divorce with the bearer permission to
family reunification, resided at the date of the divorce on the territory for a continuous period
at least 2 years and the marriage lasted at least 5 years; the condition of continuous
the stay and the duration of the marriage shall not apply if this stranger as a result of
marriage with the bearer permission to merge the family ceased to be the State
citizenship of the Czech Republic.
(5) the application referred to in paragraph 3 or 4, the alien shall submit the
and) travel document,
(b) a document attesting to compliance with the terms and conditions) under paragraph 3 or 4,
(c)), proof of accommodation on the territory,
(d)) under section 42b paragraph document. 1 (a). (d)) or a work permit,
e) travel health insurance for the period of stay in the territory,
that matches the conditions specified in § 180j, upon request and proof of
payment of the premium referred to in the document about travel health
insurance; This does not apply with respect to the cases referred to in § 180j, paragraph. 4,
(f)).
(6) Permission to submit an application for the issue of long-term residence permit from the
the grounds referred to in paragraph 3 or 4 shall lapse on the expiry of 1 year from the date on which the
this reason has come.
(7) an alien with enabled long-term residents in order to protect the territory of the
is entitled to after the fulfilment of the purpose of the stay or after 1 year of stay on the territory of the
ask the Ministry on the issue of long-term residence permit for another
the purpose of the. The Ministry of a long-term residence permit for another purpose if the
identified reasons for cancelling a long-term residence permit for the purpose of
the protection of the territory pursuant to section specifically paragraph. 1 (a). and (c)).)
section 46
(1) for a long-term residence permit shall apply mutatis mutandis to section 31, paragraph. 1, §
33, 34, 37, 38, § 55 paragraph. 1, § 56, § 58 paragraph. 3 and section 62, paragraph. 1
relating to the long-term visa. The application for a licence to
long stay under section 42 is the alien on must submit proof
about travel health insurance, which corresponds to the conditions set out in section
180j. At the same time is obliged, on request, provide proof of payment of the
the insurance referred to in the document about travel health insurance. It
does not apply with respect to the cases referred to in § 180j, paragraph. 4.
(2) for a long-term residence permit for the purpose of prolonging the stay of
the territory of the reason referred to in section 33, paragraph. 1 (a). and) shall apply mutatis mutandis to section 56
related to the visa to stay over 90 days. For a permit to the long-term
stay for the purpose of prolonging the stay in the territory, pursuant to section 43, paragraph. 2
Similarly, section 31, paragraph. 1, § 37, § 55 paragraph. 1, § 56, § 58 paragraph. 3 and § 62
paragraph. 1 related to a long-stay visa. The application is an alien shall be obliged to
further proof of the travel health insurance, which corresponds to the
the conditions set out in § 180j, and proof of payment upon request
the insurance referred to in the document about travel health insurance; It
does not apply with respect to the cases referred to in § 180j, paragraph. 4.
(3) for a long-term residence permit for the purpose of cohabitation
the family or for the purpose of scientific research shall apply mutatis mutandis to section 55 paragraph. 1, §
paragraph 56. 1 (a). and (c))), e), (g) and (h))), § 56 paragraph. 2 (a). ) and section 62
paragraph. 1.
(4) for a long-term residence permit to be a resident of another Member State
The European Union and a member of his family, which has on its territory
the State allowed residence for the purpose of cohabitation, with the resident family
shall apply mutatis mutandis to section 55 paragraph. 1, § 56 paragraph. 1 (a). (c)), e), (g)), § 56 paragraph. 2
(a). ) and section 62, paragraph. 1 related to a long-stay visa.
(5) for a long-term residence permit for the purpose of the study in the territory (section
42D) shall apply mutatis mutandis to section 37, § 55 paragraph. 1, § 56 paragraph. 1 (a). and (c))), (e)),
g), (h)), § 56 paragraph. 2 (a). ) and section 62, paragraph. 1 relating to
long-term visa.
(6) for the employment card shall apply mutatis mutandis to section 55 paragraph. 1, § 58 paragraph. 3 and
section 62, paragraph. 1 related to a long-stay visa. The Ministry of
employee card issued
and) referred to in section 56, with the exception of that referred to in § 56 paragraph.
1 (a). (f)),
(b) If an alien) does not satisfy the condition laid down in section 42 g of paragraph 1. 2, 3 or 4,
or
(c)) if the request for extradition lodged by an alien employee cards
referred to in section 42 g of paragraph 1. 6 and the Office work of the Czech Republic-regional branch
or a branch for the city of Prague has issued a binding opinion that further
the employment of foreigners cannot be given to the situation on the labour market to enable.
(7) the application for the issue of long-term residence permit for the purpose of
business is an alien shall submit the
and if the requirements under section 31) paragraph. 1 (a). and), d) and (e)),
(b)) document proving that the total monthly income of foreigners and, together with the
It assessed the persons residing in the territory will not be lower than the sum of the
amounts of life lows ^ 9 d) foreigners and persons evaluated jointly and
the highest amount of normative cost of housing provided for the purposes of
housing allowance a special legal regulation ^) or the amounts, 9e
the alien to the satisfaction of the amount of actual justified
the cost expended on your housing and together examined persons;
together under consideration by persons for the purposes of this Act, means the person
referred to in section 4, paragraph 4. 1 of the law on environmental and existential minimum for
the conditions referred to in section 4, paragraph 4. 2 and 3 of the Act on environmental and existential
all time low; for the receipt of income is considered to be creditable under the law on
environmental and existential minimum, with the exception of a one-time income,
child, unemployment benefits, retraining, support
and benefits in the system of assistance in material need; for the purposes of the calculation of the income section
8 (2). 2 to 4 of the Act on environmental and existential minimum does not apply,
c) proof of entry in the appropriate register, list, or record ^ ^ 30),
(d) confirmation of the competent tax authority) that is not recoverable
arrears, and District Social Security Administration confirmation that
not payable on arrears of social security and
contribution to the State employment policy ^ 36) including the finance charge. If it is not
alien tax entity or a payer of social insurance
Security and contribution to the State employment policy, shall submit to the
a document issued by the tax authority or the management of social district
Security confirming this fact,
e) in the case of an alien who is the statutory body of the company
or cooperatives or its Member, further confirmation of the relevant financial
the Office of this company or cooperative does not have enforceable
arrears, and District Social Security Administration confirmation that
This trading company or a cooperative is not payable on arrears
premiums for social security and a contribution to State policy
employment, including finance charges,
(f) payment on request) of the income tax bill.
(8) with respect to the issue of long-term residence permit to foreigners, which is
included in the information system of the Contracting States, the Ministry shall consult
the release of this authorisation with the Contracting State ^ 5a), that foreigners in this
the system ranked; in the management of the account of the facts which the Contracting State
led to the inclusion of foreigners in this system. Issue of permits to
long-term residency, the Ministry shall notify the Contracting State of which the foreigner
in the information system of the Contracting States.
section 46a
Termination of the long-term residence permit for the purpose of the common
the coexistence of the family
(1) at the request of the Department of foreigners of the validity of the permit to the long-term
stay for the purpose of cohabitation of the family.
(2) the Ministry further invalidates the long-term residence permit for
the purpose of cohabitation family, if
and the alien has been sentenced RES) for committing an intentional crime
the crime,
(b) another State of the European Union), or the Contracting State exercising a common
procedure in case of expulsion of foreigners decided expulsion from his
the territory of ^ 9a) due to conviction of a foreigner to the imprisonment of a duration
at least 1 year or for reasonable suspicion that he has committed a serious crime
activity or such activity on the territory of a State is being prepared
The European Union or of the Contracting State making the common procedure in
things, and expulsions on grounds of violation of the legislation of the
governing the entry and stay of foreigners on their territory,
(c) when the alien a residence check) fails to submit proof of travel
health insurance, which corresponds to the conditions set out in § 180j,
even within the time limit laid down by the police; This does not apply with respect to the cases referred to in
§ 180j, paragraph. 4,
(d)), it was found that the alien could stay on the territory when the next compromise
the safety of the Czech Republic or seriously disrupt the public
order, the
e) fulfil the conditions stopped the alien under section 42b, paragraph prokazované. 1
(a). (c)), or (d)),
(f)) found that the elements presented to the application for the issue or
the extension of the long-term residence permit for the purpose of
cohabitation families are counterfeit or altered or information
relevant for the assessment of the request contained in them do not match
the fact,
(g) the alien on the territory) provided accommodation,
h) alien might the next stay on the territory of endanger public health
that suffer from a serious disease, if such disease occurred before
the entry of the alien into the territory,
I) alien does not fulfil the purpose for which the permit was issued,
j) finds that the alien committed the circumvention of this law with the aim of
to obtain this permit, especially if assigned married or
its declared purpose the consent was addressed to fatherhood,
the permissions) asked the Nobel family reunification on the abolition of the authorisation to
long-term residency or authorization was revoked, or
l) blue card holder has a blue card is cancelled or
has not been extended or another Member State of the European Union was not
granted his request for the release of the blue card and the validity of the blue card
issued on the territory ended,
provided, that the consequences of this decision will be a reasonable reason for
the validity of the cancellation. When assessing the proportionality of the Ministry shall take account of
in particular, the implications of this decision, to private and family life
foreigners.
(3) the Ministry of the decision lays down the time limit for departure from the territory, and
Aliens shall grant an exit command; the foreigner is obliged within a specified period of
the territory of leave.
§ 46b
Termination of the long-term residence permit a resident to another
the Member State of the European Union
(1) at the request of a resident of another Member State of the European Union ^ 7 c)
the Ministry of the validity of his long-term residence permit resident
another Member State of the European Union.
(2) the Ministry further invalidates the long-term residence permit
a resident of another Member State of the European Union, if the
and the holder of this authorization) been convicted of committing a
an intentional criminal offence,
(b)) is a reasonable risk that the holder of this permit could
Another stay on the territory of seriously disrupt public order or
endanger the safety of the Czech Republic,
(c) another State of the European Union), or the Contracting State exercising a common
the procedure in the matter of expulsions decided on the expulsion of the holder of this authorization
from its territory ^ 9a) due to conviction to imprisonment in the length
at least 1 year or for reasonable suspicion that he has committed a serious crime
activity or such activity on the territory of a State is being prepared
The European Union or of the Contracting State making the common procedure in
things expulsions,
(d) the holder of the permit fails to comply with) the purpose for which such a permit
issued, except in the cases referred to in § 46 paragraph. 8,
(e) the holder of the authorization), subsistence control fails to submit proof of
travel health insurance, which corresponds to the conditions set out in section
180j, even within the time limit laid down by the police; This does not apply with respect to the cases
referred to in section paragraph 180j. 4,
(f) the holder of the permit does not have) on the territory of the accommodation,
(g)) the sum of the monthly income of the holder of the authorisation, and, together with him
examined persons [section 42 c, paragraph 3 (b), (c))] does not reach the amount of living
jointly evaluated persons ^ 9about), or
h) state that the holder of this licence the legal position
a resident of another Member State of the European Union, decided on the abolition
This legal position and at the same time on the abolition of permanent
the stay in its territory
provided, that the consequences of this decision will be a reasonable reason for
the validity of the cancellation. When assessing the proportionality of the Ministry shall take account of
in particular, the implications of this decision, to private and family life
the holder of this permit.
(3) Upon termination of the long-term residence permit resident
another Member State of the European Union, the Ministry and the authorisation to
long-term stay on the territory issued by his family member in
the conditions that this decision will be proportionate in terms of interference with his
private or family life. The Ministry shall proceed against the family
the resident national of another Member State of the European Union likewise
in the event that the validity of the long-term residence permit a resident to another
the Member State of the European Union on the basis of the decision to lapse
the expulsion.
(4) the Ministry of the decision lays down the time limit for departure from the territory, and
a resident of another Member State of the European Union or his or her family
Member shall be granted an exit command; a resident of another Member State
The European Union or his or her family member is obliged in the established
the time limit of the territory.
section specifically
Termination of the long-term residence permit for the purpose of protection of the
the territory of the
(1) the Ministry of invalidates a long-term residence permit for
the purpose of the protection on the territory of the ^ 9 g), if the
and a stranger stopped to fulfil the terms) for the issuance of this permit pursuant to section
42E paragraph. 1,
(b)) it is necessary to ensure the protection of public order or
security of the State, or
(c)) on the abolition of the authorisation the stranger asks.
(2) the Ministry of the decision on revocation of the authorization to
long stay in order to protect the territory shall determine the period to
departure from the territory and foreigners be granted an exit command; the alien is obliged to
within the time limit of the territory.
(3) the procedure referred to in paragraph 2 shall not apply if the reason of the existing authorisation
for a long-term stay for the purpose of protection on the territory of the postponed performance
a decision on administrative expulsion of foreigners or delayed his pass
According to the international treaty. In this case the police will complete the administrative
the expulsion of foreigners, or referral by the international treaty.
(4) the authority of the law enforcement department is obliged to immediately
to inform about the facts justifying the revocation of the authorization to
long stay in order to protect the territory.
(5) Vykonatelností the decision to cancel the validity of the permit
long-term stay for the purpose of protection of foreigners on the territory of issued under section
42E paragraph. 1 at the same time lapses force long-term residence permit for
the purpose of the protection of foreigners on the territory of issued according to § 42e of paragraph 1. 5; about this
the Ministry of foreigners actually informs.
(6) the Ministry shall grant an exit command, that foreigners be allowed to lapse
validity of a long-term residence permit for the purpose of protection on the territory of the
in accordance with paragraph 5; an alien is obliged, within the time limit laid down by Visa
the command of the territory.
§ 46d
Termination of the long-term residence permit for the purpose of scientific
Research
(1) at the request of the researcher, the Ministry's authorization
for a long-term stay for the purpose of scientific research.
(2) the Ministry further invalidates the long-term residence permit for
the purpose of scientific research, if
and the researcher has been) convicted of committing an intentional
of the offence,
(b) another State of the European Union), or the Contracting State exercising a common
the procedure in the matter of expulsions decided on the expulsion of the researcher of the
its territory ^ 9a) due to his conviction to imprisonment in the length
at least 1 year or for reasonable suspicion that he has committed a serious crime
activity or such activity on the territory of a State is being prepared
The European Union or of the Contracting State making the common procedure in
things, and expulsions on grounds of violation of the legislation of the
governing the entry and stay of foreigners on their territory,
(c)), it was found that the researcher could the next stay
territory to endanger the safety of the Czech Republic or seriously impair the
public order or endanger public health by suffering a fatal
diseases,
d) research organization with the researcher has concluded an agreement on
hosting ^ 9j), was withdrawn from the list of research organisations
approved for the admission of researchers from third countries
conducted under special legislation ^ 9j); This does not apply, if the
the researcher conclude a hosting agreement ^ 9j) with different research
the Organization, which is registered in this list,
(e)) the researcher no longer fulfils the conditions referred to in section prokazované 42f
paragraph. 3,
(f)) found that the elements presented to the application for the issue or
the extension of the long-term residence permit for the purpose of
scientific research are counterfeit or altered or information is essential
for the assessment of the request contained in them do not correspond to the facts, or
(g)) the researcher does not fulfil the purpose for which the permit was issued,
provided, that the consequences of this decision will be a reasonable reason for
the validity of the cancellation. When assessing the proportionality of the Ministry shall take account of
in particular, the implications of this decision, to private and family life
researcher.
(3) the Ministry of the decision lays down the time limit for departure from the territory, and
researcher grants an exit command; the researcher is
shall within the prescribed period the territory of leave.
§ 46e
Termination of the employee cards
(1) the Ministry of invalidates the employee card for the reasons given
in section 37 and, if
and the foreigners not recognised) professional qualification by the appropriate certification
authority ^ 35),
(b) the employment of a foreigner) finished; in the event of termination of employment
the ratio of foreigners by serving a notice of one of the grounds referred to in section 52 (a). and)
to (e)) of the labour code or agreement for the same reasons or immediate
cancellation under section 56 of the labour code, the employment card cancels,
If the duration of unemployment of foreigners has exceeded the 3 consecutive
the Moon and the stranger in this period did not ask the Ministry to grant consent
According to § 42 g of paragraph 1. 7 or the consent was not granted,
(c)) the agreement on work activities ended; in case of cancellation of the agreement on the
the statements made by the employer to work with employee card
If the duration of unemployment of foreigners has exceeded the 1 month and
stranger in this period did not ask the Ministry to grant consent under section
42 g of paragraph 1. 7 or the consent was not granted, or
(d) the validity of the permit to lapse) employment of foreigners or strangers
work permit withdrawn; in the event of termination of employment
foreigners notice from any of the grounds referred to in section 52 (a). and (e)))
the labour code or agreement for the same reasons or immediate cancellation
pursuant to section 56 of the labour code, the employment card cancels, unless
foreigners in the period of 3 months from the day following the end of the
employment of new work permit or alien in this
the time limit requested the Ministry to grant consent under section 42 g of paragraph 1. 7
or this consent was not granted.
(2) the Ministry of the decision invalidates the employee
card, setting a deadline for the departure from the territory and grant foreigners outreach
the command; the foreigner is obliged, within the time limit of the territory.
§ 46f
Revocation of a blue card
(1) the Ministry of invalidates the blue card, if the
and the holder of) its revocation of the blue card, asks,
(b)) found that the elements presented to the issuing of blue cards
or the extension of its validity are counterfeit or altered or
data relevant to the assessment of the request contained in them do not match
the fact,
(c) the holder ceased to comply with) any of the conditions for the issuing of blue
cards,
(d) the holder fails to comply with) the purpose for which it was issued, the blue card
(e) the holder has not notified the Ministry) within 3 working days of the end of the
of employment or change of job; This does not apply, if the
meet this obligation to prevent the holder of a blue card on his reasons for
will independent,
(f) the duration of unemployment) the holder of a blue card exceed 3 consecutive
the successive months,
(g)) to the unemployment of the holder of a blue card has occurred repeatedly over a period of
the validity of the blue card; This does not apply if employment ended from
one of the reasons mentioned in section 52 (a). and (e))) up to the labour code, or
the agreement for the same reasons or immediate cancellation pursuant to section 56 of the code
the work,
(h) the holder does not have to) its territory provided, or
I) to its holder not recognised professional qualifications to the competent
certification authority ^ 35).
(2) the Ministry further invalidates the blue card, if the
and its holder was been) convicted of committing an intentional crime
the crime,
(b) another State of the European Union), or the Contracting State exercising a common
the procedure in the matter of expulsions decided on the expulsion of its holder from your
the territory because of the conviction to imprisonment for at least 1 year
or for a reasonable suspicion that he has committed a serious crime or
such activity is preparing on the territory of a State or of the European Union
a Contracting State making a common procedure in the matter of expulsions,
(c)) is a reasonable risk that the holder could stay on in the next
the territory of seriously disrupt public order or endanger the safety of
the State, or
(d)) the holder submitted a request for a contribution for a living, a supplement to the
housing or special immediate assistance from the system of material
distressed,
provided, that the consequences of this decision will be a reasonable reason for
revocation of blue cards. When assessing the proportionality of the Ministry
account shall be taken in particular of the consequences of this decision in private and family
the life of the holder of a blue card.
(3) the Ministry of the decision invalidates the blue card,
time to travel from the territory and foreigners be granted an exit command;
the foreigner is obliged, within the time limit of the territory.
section 47
the title launched
(1) an application for a long-term residence permit the alien is obliged to submit a
soon as possible and no later than 90 days before the expiration of 14 visa to stay
over 90 days. In the event that the filing of the application within the time limit referred to in the previous sentence
prevents the reasons independent of the will of the alien, the alien is entitled to this
submit the application within 3 working days after the demise of these reasons; Visa is the
time the demise of this privilege to be considered valid.
(2) if the period of validity of the visa to stay over 90 days elapsed before the
decision the application for authorisation of a long-term stay, although the request was
filed within the time limit referred to in paragraph 1, it shall be considered for a visa valid until
the entry into force of the decision on request.
(3) the application for a long-term residence permit according to § 42 paragraph. 4 is the
the alien shall be obliged to submit at the time of validity of the long-term residence permit
issued by the Ministry of Foreign Affairs or at the time of temporary residence
pursuant to section 18 (a). and) or (b)), and within the time limit laid down in paragraph 1. On
the said application shall, mutatis mutandis, also apply the provisions of paragraph 2.
section 48
For the purposes of the payment of the provision of health services, the payment cannot be
ensure in any other way, for the foreigner, who is granted the permissions
to stay in order to provide temporary protection in the territory according to the specific
the law ^ 3a) (hereinafter referred to as "a foreigner enjoying temporary protection"),
the alien shall be deemed,
and which has been granted a visa), pursuant to section 33, paragraph. 1 (a). and (b))), section 33
paragraph. 3 or long-term residence permit for the purpose of prolonging the stay of
territory (section 43),
(b)) that is listed in § 42e of paragraph 1. 1, under the conditions and within the time limit under section 42e
paragraph. 2,
(c)) that made the request for a long-term residence permit for the purpose of
protection in the territory,
(d)), which was a long-term residence permit for the purpose of protection of the
the territory is issued,
(e)) that is listed in § 42e of paragraph 1. 5, and from the date of submission of the application, or
(f)) that is listed in section 18 (a). (d)), paragraph 4, and of the date of the acquisition of the legal
the power of the interim measures of the competent authority.
§ 48a
(1) at the request of the Ministry of the foreigners have been filed within the time limit under section 42e, paragraph.
2, an alien who has made an application for a long-term residence permit for
the purpose of the protection of the territory, and the alien, to whom the permit is issued,
shall decide on the granting of a financial contribution of up to
and) 1 times the subsistence minimum set out specific applicant
the law ^ 9 d), if it is assessed without jointly evaluated persons
[section 42 c, paragraph 3 (b), (c))],
(b)) 1 times the subsistence minimum and the applicant together with him
examined persons are jointly assessed 2 to 3 persons
(c)), 1, equalling the subsistence minimum and the applicant together with him
examined persons are jointly assessed 4 persons,
(d)) 1 1.3 multiple subsistence minimum applicant and together with him
persons examined, if it is assessed together 5 or more people.
(2) the amount of the financial contribution shall be fixed with regard to the matrimonial property regime
foreigners. The financial contribution may be granted from the date, when the stranger
instructed according to § 42e of paragraph 1. 2. The financial contribution shall, at the request of the alien
provides for a period of 1 month. The financial contribution may be granted and pay
First, from the beginning of the calendar month in which the proceedings were initiated
about the provision. The financial contribution may be granted.
(3) an applicant for the financial contribution referred to in paragraph 1 shall be obliged to bring their
financial and equity ratios, where appropriate, the financial and the property of their
the family in the form of statutory declaration and prove is all available
the documents.
(4) for securing foreigners in the financial post
does not provide. The financial contribution cannot be provide if
and the responsibility for the payment of) subsistence costs shall be borne by the legal or natural
the person (sections 15 and 180),
(b) a financial contribution) the applicant stated false information about their
financial or assets or on the financial or property
circumstances of your family, or
(c) a financial contribution) the applicant failed to disclose the grounds for
the granting of a financial contribution or change these facts.
§ 48b
(1) If an alien who has been granted a period to decide whether
will work with the body active in criminal proceedings (section 42e (2)),
an alien who has made an application for a long-term residence permit for the purpose of
protection on the territory of, or foreigners, to whom the permit is issued,
given the legal person engaged in the provision of legal aid
This assistance free of charge to foreigners, the Ministry of legal person
contribute to cover the costs associated with providing legal assistance to
the basis of the contracts concluded in writing.
(2) an applicant for a long-term residence permit for the purpose of protection on the territory of the
is entitled to reside in the territory of the legal force of the decision on its
the request; This does not apply if the body active in criminal proceedings did not acknowledge that the
the request for the issue of the permit meets the conditions referred to in section 42e, paragraph. 1.
(3) for the duration of long-term residence permit for the purpose of protection
on the territory of which the holder of this permit for the purposes of employment or study
considered to be foreigners with permanent residency enabled.
Section 4
the title launched
section 49
Temporary stay in the territory on the basis of a long-term residence permit
issued by the Ministry of Foreign Affairs
(1) the Ministry of Foreign Affairs issues a permit to the long-term
stay of the members of the personnel of the Embassy of the foreign State, or
international governmental organizations accredited in the Czech Republic, or
their family members registered by the Ministry of foreign
things. This permit may be issued for a maximum period of validity of their
registration.
(2) a long-term residence permit is the staff representative
the authority of a foreign State or an international governmental organization accredited in
The Czech Republic or their family member registered
The Ministry of Foreign Affairs, with the exception of persons residing on the territory of the
pursuant to section 18 (a). and (b))) or must apply during their stay on the territory of the
The Czech Republic, to which it entitles visa to stay over 90 days
the purpose of the submission of the application for a long-term residence permit issued by the
The Ministry of Foreign Affairs.
(3) a member of the staff of the Office of the representative of a foreign State or international
government organization accredited in the Czech Republic or their family
Member is entitled to remain in the territory after the period specified in the permit to
long stay.
(4) the Period of validity of the long-term residence permit can be repeatedly
extended.
(5) the long-term residence permit declares invalid the Ministry
Foreign Affairs.
Part 5
An exit command and decision on the obligation to leave the territory
section 50
Exit command
(1) an Exit statement is a document that gives an ex officio
and after the revocation or the police) the expiry of short-term visas, after
their temporary residence on the territory or in the transit area
the international airport, to which the visa is not required, or when the administrative
the expulsion,
(b) after cancellation of the Ministry) or the expiry of the visa,
After the rejection of the application for a permit for a long-term or permanent residence,
If the expired visa, after the cancellation or dissolution of the validity of the permit
for long-term residence or permanent residence permit, after the cancellation of the
the transitional residence of citizens of the European Union ^ 1b), after the end of the transitional
residence of the family member or the citizen of the European Union after their
provision of protection to the territory under special legislation ^ 2)
^ 3a).
(2) External command grants the Ministry of Foreign Affairs after the
or after the expiry of a declaration of invalidity of the diplomatic
or a special visa (section 41), after the expiry of the validity period, or after the
Declaration of invalidity of a long-term residence permit issued by this
the Ministry (section 49 (5)) or after their stay on
the territory to which the visa is not required.
(3) the amendment authorises foreigners to temporary residence in the territory after the
the period which is necessary for the implementation of the urgent actions, and to travel
from the territory.
(4) the period of stay of foreigners on the exit transition command must not be longer
than 60 days, the duration of the stay shall be determined and characterized by command in the visa
the police, the Ministry of Foreign Affairs or the Ministry.
(5) During their stay to citizens of the European Union ^ 1b) or his family
Member shall be the period of stay of at least 1 external command
the moon. Determination of the minimum period of stay condition does not apply if
reasonable risk that a foreigner could during your stay on the territory of the compromise
the security of the State, seriously disrupt public order or is
found to be suffering from serious diseases.
(6) an Exit statement contains information about the identity of the foreigners, the number
the travel document and the time in which the alien is obliged to the territory of the
travel; in the interest of protecting State security, public
order or public health, or in the interest of the international
the Treaty may be the subject of a condition of travelling destination
the border crossing for the departure from the territory.
(7) External command has the form of a sticker that the police, the Department or
Ministry of Foreign Affairs on the travel document, in
justified cases, it may be an exit command marked out travel
the document.
§ 50a
The decision on obligation to leave the territory
(1) if the alien who holds a valid residence permit
issued by another Member State of the European Union, on the territory,
the police issued the decision on obligation to leave the territory.
(2) the procedure referred to in paragraph 1 shall not apply if the alien can
stay on the territory of the compromise State security or seriously impair the
public order.
(3) the decision on the obligation to leave the territory of the police will issue a further
and the alien of at least 15 years), which has not used the possibilities of voluntary
repatriation under a special legal regulation ^ 2), for the purpose of leaving the
the territory, if
1. lodged an application for the grant of international protection, though it was
prompted,
2. the nevycestoval after the final termination of the proceeding in the matter of international
the protection of the territory within the time limit laid down by Visa or within command
30 days, if the alien has not been granted, or of an exit command
3. his time permission to stay in the territory granted to the person
beneficiaries of subsidiary protection (section 124b), or
(b) aliens who illegally) entered or resided in the territory and has to be
passed under the international treaty concluded with another Member State
The European Union prior to the day of the 13. January 2009 or directly applicable
legal regulation of the European communities ^ 37) (section 129).
(4) police in the decisions referred to in paragraphs 1 and 3 shall determine the time to abandon the
territory, in the range of 7 to 60 days. If, according to the decision referred to in
paragraphs 1 and 3, had time to leave the territory to begin running in the duration of the
ensure the foreigners, this period begins to run from the date of their collateral.
If, during the period to leave the territory is secured, run this
time by ensuring interrupted.
Episode 6
Provisions common to the long-term visa
section 51
(1) the long-stay visa "means the authorisation, which, after a period of validity of
authorizes foreigners to enter and stay in the territory, and he leaves the territory,
If this law provides otherwise.
(2) The grant of the visa is not a legal right.
(3) long-term visa is valid for the period indicated in it.
(4) long-term visa cannot be granted to citizens of the European Union ^ 1b).
(5) the long-term visa shall be deemed granted to his showing.
section 52
In the interests of protecting State security, maintaining public order or
the protection of public health or in the interest of international contract can
be
and a long-stay visa) linked to the condition, consisting in the determination of the frontier
gradient for entry or exit from the territory,
(b) the period of validity of the fixed) shortened the visa.
section 53
(1) an application for the granting of long-term visas are served on a representative
the authority, unless this Act provides otherwise. The request is an alien entitled to
submit only on the Embassy in the country of which the alien is a citizen,
where appropriate, which issued the travel document, which is the holder of, or
in the State in which the alien has allowed long-term or permanent residence; It
does not apply in the case of foreigners, which is listed in the law issued by the
pursuant to section 182 paragraph. 1 (a). (e)).
(2) a request for a long-stay visa shall be made on the official form.
(3) a request for a long-stay visa is considered inadmissible,
If
and the absence of it) the particulars referred to in section 31,
(b)) the alien refused to fingerprint image acquisition or record,
(c)) has not been made on the official form, or
(d)) has not been submitted to the relevant embassy.
(4) the Representative Office of the aliens, which made an illegal request
stay visas, return the application form, all submitted
the elements and the administrative fee; at the same time inform the alien about
the reasons for the inadmissibility of the application.
(5) the Representative Office is entitled to in connection with an application
the alien on the granting of long-term visas to scan fingerprints and take
pictorial records.
§ 54
the title launched
In the request for grant of visa the alien is obliged to bring their
name and last name, the other names, gender, day, month and year of birth,
the place and State of birth, and citizenship at birth, the name of the
and the surname of the father and mother, marital status, place of residence abroad and
a dial-up connection, the type, number and date of issue and the validity of the
travel document including designation of the authority which issued it and, in the case of
foreigners are allowed to stay on the territory of another State, an indication of whether the
be entitled to go back on its territory, including data on the number and validity of the
the relevant document, occupation, employer's name and address, including
a dial-up connection (for students, name and address of the school), destination,
the duration of stay, number of inputs and the purpose of the stay in the territory, the intended day
arrival and departure, the place of entry into the territory, in the case of transit through its
the route, and whether it has already received the relevant authorisation for entry into the territory of the destination
of the State, including its validity, and the designation of the authority which issued the authorisation,
means of transport intended to ensure the reimbursement of the costs
United with the residents, the address of the residence in the territory, including dial-up, or
other data to any person to the extent of inviting the last name,
name and address of stay on the territory of, or in the case of a legal person, its
name, registered office and the name and surname of the authorised person, advanced information
the purpose of the stay in the territory, the data for visas granted in the past 3 years
including the period of their validity, the data of the previous residence in the territory of
the Contracting States, data for the husband and children in the scope of the name and surname,
the other name, day, month, year and place of birth.
section 55
Particulars of the application for the granting of long-term visa
(1) the Requirements for application for a long-stay visa must not be older
180 days, with the exception of the travel document of civil status documents and photos
the alien, if corresponding to its actual form.
(2) the presentation of the requirements for the application for a long-stay visa with
the exception does not require a travel document, with respect to the granting of fixed
Visa, in the interest of the Czech Republic.
(3) an alien applying for the grant of the visa is obliged on demand
take the fingerprints were taken and the acquisition of the image record.
section 56
The reasons for not giving long-term visas
(1) a long-term visa, with the exception of visa to stay over 90 days for the purpose of
prolonging the stay on the territory of the reason according to § 33 paragraph. 3, Ministry of
Aliens shall not grant, if
and the stranger on request) of the Ministry or the representative office
fails to appear for an interview or does not submit the documents within the time limit for
the purpose of the verification of the information referred to in the application for the long-term visa or
If, in spite of the implementation of the interview or the evaluation of the submitted
the documents fail to verify this information,
(b)) the request to grant an alien fills a long-stay visa falsely,
(c)) is an alien registered in the register of undesirable persons,
(d)) has knowledge of the costs associated with the stay of the alien in the territory
carried the Czech Republic,
e) false or amended particulars or information is essential
for the assessment of the request contained in them do not correspond to reality,
f) alien filed for long-stay visas, in order to
employment; the Ministry of information in the written reasons for refusal
long-term visas in accordance with paragraph 4 of the foreigners will learn that he is entitled to
ask for the release of employee cards
(g)) are found in section 9 (2). 1 (a). and), b), (g)),
(h)), i) or (j)),
h) are found the facts suggesting that an alien after the end of
the stay provided for long-term visa will not leave the territory or that long-term
Visa intends to exploit for any purpose other than is stated in the application for the grant of
long-term visa,
I) before designating a long-term visa fails to submit proof of travel
health insurance for the duration of the stay in the territory, which corresponds to the conditions
referred to in § 180j, upon request and proof of payment of the premium
indicated on the document of travel health insurance, unless
the cases referred to in § 180j, paragraph. 4,
(j) the alien's stay in the territory) is not in the interest of the Czech Republic or is detected
other significant obstacle to the alien's stay in the territory, or
the stranger did not pay the fine or) costs incurred in connection with
proceedings instituted under this Act.
(2) long-term visas, with the exception of visa to stay over 90 days for the purpose of
prolonging the stay on the territory of the reason according to § 33 paragraph. 3, Ministry of
Aliens shall not grant, if
and does not meet the criminal indemnity) (section 174), or
(b)) in the past 5 years has violated this law, the obligation
provided, that the consequences of not giving long-term visas to be reasonable
reason for not giving long-term visas. When assessing the proportionality of the
the Ministry shall take account in particular of the consequences of the refusal to the private
and family life.
(3) for the reason referred to in paragraph 1 or 2 shall, with respect to the granting of
long-term visas in the interest of the Czech Republic or in the interest of
the international commitment.
(4) the Ministry shall inform the alien of the grounds for refusal
long-term visas and permissions apply within 15 days from the date of
delivery information about not giving long-term visas to new assessment
the reasons for not giving long-term visas (§ 180e).
(5) if the grant of long-term visas to foreigners, which is included in the
the information system of the Contracting States, shall discuss the Ministry grant
a visa is a Contracting State, which the alien to this system have included; in
management of the account of the facts, that the State party led to the inclusion of
stranger to this system. Visa, the Ministry shall notify the Contracting
State that foreigners in the information system of the Contracting States.
§ 57
(1) the Representative Office is entitled to before submitting the application for the grant of
long-term visa application to apply to the Ministry to this opinion.
Ministry of this opinion in the granting of long-term visa
be taken into account. If an alien fails to submit before designating a long-term visa
travel health insurance or proof of payment
the insurance referred to in the document about travel health insurance
If requested, and his long-term visa will not be granted for this reason,
Representative Office shall notify the Ministry; This does not apply,
with respect to the cases referred to in § 180j, paragraph. 4.
(2) Representative Office is authorised to perform the interview with the applicant on the
long-stay visa; If the applicant for a visa for a stay over 90 days
for the purposes of a business, the Embassy will carry out the interview always and it
in particular, in order to find out more facts about the mentioned purpose
stay on the territory. The interview will take down the Embassy
the record, which contains in particular information permitting the identification of the applicant,
presentation during the interview, the date, the name and surname or business number
and the signature of the person conducting the interview and the signature of the applicant.
(3) the opinion of the representative of the Office of the request for grant of a fixed
Visa applicants about the long-term visa or his representative does not expose.
section 58
Indication of the long-stay visa
(1) a long-term visa to travel document characterized by a representative
the authority, unless this Act provides otherwise.
(2) in justified cases, it may be a long-term visa marked out
travel document.
(3) in the long term visa, you can mark one or more purposes.
section 59
cancelled
section 60
(1) an application for extension of period of stay in the territory on a long-term visa or
extension of the period of validity of the visa shall the stranger
the Ministry.
(2) to extend the period of stay in the territory on a long-term visa or
extension of the period of validity of the visa is the alien shall be entitled to
apply for long-term visas first 90 days and no later than 14 days prior to the
the expiry of the authorised stay in the territory, or the period of validity
long-stay visa.
(3) in the event that the filing of the application within the time limit referred to in paragraph 2 prevents
the reasons for the will of the alien is an alien entitled to independent, this application
within 3 working days after the demise of these reasons; long-term visa to the
time the demise of permissions deemed valid.
(4) if the period of validity of the visa or the duration of stay at this
long-term visa expire before a decision on its extension, although
the request was submitted within the time limit referred to in paragraph 2 or 3 shall be deemed to
long-stay visa valid and duration of stay on these long term visa
extended to the entry into force of this decision.
(5) the Period of validity of the visa cannot be extended if this
the law does not provide otherwise.
(6) the reasons for the non-renewal of period of stay on the territory of the long-stay visa
or for the non-renewal of the period of validity of the long-term visas are similar
as the reasons for not giving long-term visas.
(7) If on an application for a visa to stay over 90 days for the purpose of
prolonging the stay in the territory, pursuant to section 33, paragraph. 1 (a). (c)) to be decided in the
the time of validity of the residence permit of the alien in the territory, his
Another stay in the territory for the stay on this visa, and until the decision on the
request.
section 61
cancelled
section 62
The demise of the validity of the visa
(1) the validity of the visa shall be extinguished as soon as regained legal power
the judgment imposing the penalty of expulsion ^ 10) or an enforceable decision
on administrative expulsion.
(2) the validity of the visa issued under section 30, paragraph. 2 shall cease
by taking the permanent residence permit, a long-term residence permit for
the purpose of the cohabitation of the family, for the purpose of study or scientific
research, long-term residence permit issued to the family
researcher, national employee card, blue card
or long-term residence permit issued by the Ministry of
Foreign Affairs.
(3) the validity of the visa to stay over 90 days for the purpose of prolonging the stay on the territory of the
granted pursuant to § 33 paragraph. 3 further terminates on the date of legal effect
the decision to grant asylum or subsidiary protection in accordance with the Special
the legal regulation of the ^ 2).
(4) after the departure from the territory of validity of the visa expires to stay over
90 days for the purpose of prolonging the stay in the territory. The validity of other
long-term visas is not leaving the alien from the territory affected.
section 63
cancelled
section 64
The study of the
(1) Studying for the purposes of this Act, means the
and secondary education and higher) of the vocational training in the fields of education in the
high school, the Conservatory or the higher technical school, registered in the
index of schools and school facilities, and ^ 10a) studies in accredited
study programs at the high school ^ 9 k)
(b) participation in the language) training to study accredited
the study programme of the College organised a public high school,
or participation in language and vocational course organised within the programme
The European Union, or on the basis of international agreements,
c) Scholarship implemented at the existing international
the treaties carried out by the Ministry of education, youth and sports,
valid scholarship programme of the Ministry of education, youth and
sports, the scholarship programme of the European Union or on the basis of
the decision of the Government of the Czech Republic,
d) professional practice intended to acquire practical and professional experience
a stranger, undertaken in the local host organisation at the time of his
study on domestic or foreign high school or at the time of a maximum of 5
years after graduating high school, organizationally provided or
coordinated domestic high school, Academy of Sciences of the Czech Republic
or for this purpose, the Ministry of education, youth and sports
accredited legal person established on the territory or legal
by a person established outside the territory, which is on the territory of the organizational folder
e) professional practice, and the voluntary service of young people aged from 18 to 25 years old,
designed to gain practical professional experience, stranger,
carried out in the local host organisation as part of the project
programme or the European Union initiatives, where appropriate, the equivalent of the State
program and service provided or coordinated to this end
The Ministry of education, youth and sports of the accredited legal
by a person established in the territory of or a legal person located outside the territory,
on the territory of the organizational folder
(f)), exchange of experience and study visits of persons responsible for the education and
development of human resources, if these activities are carried out in the framework of the
the programmes and initiatives of the European Union or in the framework of international treaties.
(2) For the purposes of the long-term residence permit for the purpose of studies on
territory (section 42d) with education in high school or in the Conservatory
means the only education in the framework of an exchange programme undertaken in
local host organisation and professional practice only professional practice
free of charge.
TITLE IV
PERMANENT RESIDENCE ON THE TERRITORY OF THE
the title launched
§ 64a
cancelled
section 64b
cancelled
Part 1
section 65
(1) an alien is entitled to reside in the territory in the framework of the permanent residence on the
the basis of the
and) permanent residence permit, or
(b) the competent authority of the decision) the conferral of this stranger to spare
Education ^ 10 c), if the condition referred to in section 87, paragraph. 1.
(2) the provisions of this title shall not apply to the citizen in the European Union ^ 1b) and with
the exception of § 83 to 85 on his family.
Permanent residence permit
section 66
(1) a permanent residence permit, without the conditions of the previous
continuous stay of foreigners on the territory issue
and on the issue of this) that the authorization is sought for humanitarian reasons, in particular
1. If the husband azylanta and marriage originated before the entry azylanta
on the territory,
2. If a minor child or child azylanta that is dependent on the
the care of the azylanta, if you have requested asylum, or
3. If, in the past, was a citizen of the Czech Republic,
(b)) that the issuance of this authorization is sought for other reasons worthy of
Special considerations
(c)), at its request, if his stay in the territory in the interest of the Czech
of the Republic, or
(d)) that the issuance of this permit is sought as a minor or an adult
a dependent child of a foreigner, who is staying on the territory on the basis of the authorisation to
permanent residence, if the reason of the application of the common cohabitation of these aliens.
(2) the permanent residence permit shall at the request of foreigners, which shall issue
the previous permanent residence permit in the territory was cancelled due to the
under section 77, paragraph. 1 (a). (c)), or (d)), from the entry into force
the decision has not expired the duration of 3 years.
§ 67
(1) a permanent residence permit after 4 years of continuous residence in the
the territory issue at the request of an alien who is staying in the territory in the framework of the transitional
stay after the completion of the procedure for granting international protection, provided that the
at least the last two years was the last of the proceedings for grant
international protection, including the possible procedure for cassation complaints,
When this complaint was filed within the statutory time limit. To stay
the first sentence counts time of stay in the territory on a long-term visa, on the
for the long-term or permanent residence, and the duration of stay for a period of
the procedure for the granting of international protection, including the control of the
cassation complaint. Continuity of residence in the territory is maintained, if the
the alien has filed application for the grant of international protection at the latest within 7 days
After the end of the stay on a long-term visa or permit
long-term or permanent residence; This does not apply, if the validity of these
residential permissions have been revoked.
(2) the permanent residence permit shall be issued if the applicant is a foreigner
and) is under 18 years old,
(b)) are not able to take care of yourself because of long term adverse
the State of health, or
(c)) is a lonely and elderly 65 years.
(3) a permanent residence permit may be subject to conditions referred to in
further to paragraph 1, if the applicant is a foreigner,
and the parent of the alien) that is referred to in paragraph 2 (a). and (b)), or)
(b)) which, by decision of the competent authority was an alien as referred to in
paragraph 2 (a). and (b))) or to the care of, or entrusted to the
(c)) that is other direct relatives in the ascending or descending line
foreigners referred to in paragraph 2, on whose personal care is provided
to in paragraph 2.
(4) the request is in compliance with the conditions in paragraph 1 to submit and
the stranger, who asks about the issue this permit for other reasons worthy of
Special considerations.
(5) the request may be submitted to the Ministry not later than 2 months after the final
termination of proceedings on the granting of international protection.
(6) a permanent residence permit may be issued to aliens referred to in
paragraph 3 only if the authorization was issued to the foreigners referred to in
paragraph (2).
(7) the fulfilment of the conditions of continuous residence in the territory and the conditions that
at least the last two years was the last of the proceedings for grant
international protection, including the control of the cassation complaint can be
waived for reasons worthy of special attention, especially if it is a legitimate
a stranger a person under the age of 15 years or adverse health condition of the applicant
There is a stay in the territory.
(8) the fulfilment of the conditions to submit the application not later than 2 months after the final
termination of the proceedings on the grant of international protection to aliens may be waived
referred to in paragraph 3, if the proceedings on its application for the grant of
international protection has ended before the proceedings on the application for the grant of
international protection of foreigners referred to in paragraph 2.
section 68
(1) a permanent residence permit shall, on request, shall issue to aliens after 5 years
continuous stay in the territory.
(2) The period of stay referred to in paragraph 1 shall be included duration of stay on the territory of
long-term visa, on the long-term residence permit and period of residence in the
the position of the azylanta or persons enjoying subsidiary protection in accordance with
special legal regulation ^ 2). Duration of stay in the territory for the purpose of study
counts for one half. One half is also counted
the time after which the proceedings on the grant of international protection, which
led to the decision to grant asylum or subsidiary protection, including
driving the action or cassation complaint; If the proceedings on the grant of
international protection are kept longer than 18 months, counted this time
in its entirety. In the period referred to in paragraph 1 shall,
After that, he was a stranger posted a foreign employer or
a foreign legal or natural person, and also the period during which
the alien in the territory for the purpose of employment stayed dependent on the rotation of the
the annual period, or helped out with the housework for food, accommodation and
allowance intended to meet its basic social, cultural
or educational needs (the au pair).
(3) The period of stay referred to in paragraph 1 shall be included and the period
the absence of foreigners on the territory during this period of stay, if this
each period of absence does not exceed six consecutive months, and
If in your summary does not exceed 10 months, and the period of absence
foreigners in the territory of which does not exceed 12 consecutive months, if
the stranger was a study posted abroad. Continuity of residence is also
keep when one period of absence of the alien in the territory was not
longer than 12 consecutive months for important reasons, in particular
in the case of pregnancy and childbirth, serious illness, or
study or vocational training, and this period to the time of the stay
referred to in paragraph 1 shall not be counted.
(4) a permanent residence permit shall, on request, issue a further alien who
fulfilled condition 5 years of continuous residence in the territory of the Member States
The European Union as the holder of a blue card, if the blue card holder
is staying in the territory continuously for at least 2 years; until 5 years
continuous residence in the territory of the Member States, shall
stay on the territory of another Member State of the European Union, in its
the territory of the holder of a blue card issued by a Member State of the European Union
He stayed for less than 18 months. In the meantime, continuous
the stay will be included and the periods of absence of the holder of a blue card on the
the territory of the Member States of the European Union, if a single period
the absence does not exceed 12 consecutive months and if in summary
does not exceed 18 months. These provisions shall apply by analogy to the family
of the holder of a blue card, which was issued a permit to
long-term stay for the purpose of cohabitation on family territory.
(5) the application for a permanent residence permit is entitled to even stranger,
that at the time of compliance with the conditions referred to in the preceding paragraphs is staying outside
territory. If the validity of a long-term residence permit in the territory will end
foreigners at the time of his absence from the territory, must be submitted
not later than 6 months after the expiry of this permit.
§ 69
the title launched
(1) an application for permanent residence permit pursuant to section 66 is served on
the Embassy, unless otherwise specified.
(2) the application for permanent residence permit pursuant to section 66 paragraph. 1 (a). and)
or (b)) may be made whether or not the Ministry, if an alien to whom it is to be
permanent residence permit issued
and is staying in the territory) in the context of temporary residence and is the spouse or
a minor child of the alien, to whom was granted asylum for the reasons given in the
special legislation ^ 11),
(b)) is staying in the territory on the basis of an issued visa to stay over 90 days or
long-term residence permit, or
(c)) is staying in the territory on the basis of a long-term residence permit issued
in order to protect the territory, if his cooperation with the authority in
law enforcement has contributed to establish the offence of trafficking in human beings
or proof of organizing or facilitating the illicit crossing
the State border.
(3) the application for permanent residence permit pursuant to section 66 paragraph. 1 (a). (c))
serves the Ministry, if the alien is residing in the territory in the framework of the transitional
the stay; the Ministry shall also request the alien applying for an authorisation to
permanent residence under section 67.
(4) an application for permanent residence permit pursuant to section 66 paragraph. 1 (a). (d)) can be
submit also the Ministry, if an alien to whom the authorisation is to be permanently
issued, is staying in the territory in the framework of the temporary residence.
(5) the application for permanent residence permit pursuant to section 68, paragraph. 1
stranger to the Ministry, if the territory is staying on a long-term visa,
long-term residence permit or on the basis of the document issued to the
stay on the territory under special legislation ^ 2) ^ 3a); the request of the
under section 68, paragraph. 5 is entitled to submit to the Embassy.
section 69a
cancelled
§ 69 b
cancelled
section 70
the title launched
(1) an application for a permanent residence permit shall be made on the official form.
In the request is an alien must indicate
and) your name, surname and other names, all of the former name, day,
month and year of birth, place and State of birth, nationality, family
the State, the highest achieved education, occupation, employment, before the advent of the
on the territory of the (job title, the name and address of the employer), the purpose of the
stay in the territory, after entering the territory of employment (job title,
the name and address of the employer), the last place of residence in a foreign country, the address
the place of stay in the territory, to the territory of the previous stay longer than 3 months
(the reason for and the place of residence), the day of entry to the territory, the number and validity of the
the travel document,
(b)) name, surname and other name, former name, State
citizenship, date of birth, place and country of birth, residence and occupation
spouses,
(c)) name, surname and other names, date of birth, citizenship,
place of residence and occupation of parents,
(d)) name, surname and other names, date and place of birth, nationality
citizenship, residence and occupation of children, and
e) name, surname and other names, date of birth, citizenship,
place of residence and occupation of siblings.
(2) an alien is obliged to request a permanent residence permit, submit
and photos)
(b)) a travel document,
(c) the document confirming the purpose of the stay) in the territory, such as a birth certificate,
marriage certificate or any other deed evidencing family relationship, proof of
the fact that the alien has been in the past, a citizen of the Czech republiky1); It
does not apply in the case of an alien who applies for permanent residence permit
under section 68,
(d) the availability of funds) proof of permanent residence in the territory (section 71, paragraph.
1); This does not apply in the case of an alien who applies for permanent
the stay under section 67 or, in the case of a foreigner under section 87, which calls for
permanent residence permit after the age of 18 years due under section 66
paragraph. 1 (a). and)
(e) the statement of a similar document) criminal records as a basis for
assessment of the criminal indemnity (section 174) issued by the State, which is an alien
a citizen or has permanent residence, as well as States in which the
the stranger in the last 3 years continuously resided for more than 6
months, or an affidavit in the case, that State of such a document
does not issue; This obligation does not apply to foreigners under the age of 15 years and on the
foreigners aged over 15 years who has been granted a visa to stay over 90 days
for the purpose of prolonging the stay in the territory, or long-term residence permit
for the purpose of prolonging the stay in the territory, which has been granted supplementary protection
under special legislation ^ 2) or applying for authorisation to
permanent residence under section 67; an alien who applies for permanent
the stay under section 68, paragraph. 1, or, in the case of a foreigner under section 87, which
asking for a permanent residence permit after the age of 18 years, for reasons of
pursuant to section 66 paragraph. 1 (a). and), is obliged to submit a document similar to the statement
from criminal records, if requested,
f) proof of accommodation on the territory (article 71, paragraph 2),
(g) the consent of the parents, if applicable) to another legal representative or guardian,
with permanent residency on the territory of the child, if it's not about cohabitation
families with this parent, legal guardian or guardian; This does not apply,
If the alien demonstrates that this document cannot by reason of its control
independent or if the child no longer resides on the territory,
(h) a document proving the required knowledge of) the Czech language issued by the school,
that is listed in the list of schools eligible to perform tests of knowledge
Czech language as provided for by Decree of the Ministry of education, youth and
Sports (section 182a (2)), unless otherwise specified.
(3) an alien who is the spouse or a minor child of azylanta ^ 2) or
the baby, which is dependent on the care of the azylanta, or the stranger who asks about the
permanent residence permit pursuant to section 66 paragraph. 1 (a). and) or (b)) and staying
the territory on the basis of long-term residence permit for the purpose of protection of the
the territory is obliged to request a permanent residence permit, submit
the particulars referred to in paragraph 2 (a). and (c))) and (f)).
(4) an alien applying for a permanent residence permit according to § 66 shall
at the request of the representative of the Office or the Ministry of the present medical
a message that does not suffer from a serious illness. To submit a medical report can be
apply only in the case of a reasonable suspicion that the alien a fatal disease
suffer from.
(5) a document proving the required knowledge of the Czech language according to the
paragraph 2 (a). (h)) shall not be required from foreigners, which
and has not reached the age of 15 years),
(b)) shows that during the 20 years preceding the submission of the
a permit of permanent residence was at least 1 academic year 24-pupil
Basic or high school, or at least 1 academic year studying
high school with Czech as teaching language or study programme
focused on the Czech language at the high school,
(c)) proves that he graduated from other generally accepted test of Czech
the language that its intensity reaches the minimum level laid down by
Decree of the Ministry of education, youth and sports [section 182a (2)
(a). and if)], this is the Ministry of education, youth and
Sports confirmed
(d)) asks for a permanent residence permit pursuant to section 66 or 67 or after the demise
permission for permanent residence under section 87, paragraph. 7 (b). and section 4)
e) proves that he has a physical or mental disability, having effect on its
the ability to communicate, or
(f)) has reached the age of 60 years.
(6) the Ministry is in the case of reasonable doubt, that the alien has
the required knowledge of the Czech language in the range specified by Decree
The Ministry of education, youth and sports [section 182a (2) (a).)]
entitled to a document proving the required knowledge of the Czech language not to recognise
and demand execution of tests before the Commission established by the Ministry of
education, youth and sports; test the stranger. New
document proving the required knowledge of the Czech language, in this case
Aliens issue the Ministry of education, youth and sports.
section 71
the title launched
(1) proof of availability of funds for permanent residence on the territory
It considers the document proving that the alien is a regular income and NCBs '
monthly income of foreigners and persons evaluated jointly with him staying
on the territory of [section 42 c, paragraph 3 (b), (c))] shall not be less than the sum of the amounts
life's lows ^ 9 d) foreigners and persons evaluated jointly and
the highest amount of normative cost of housing provided for the purposes of
housing allowance a special legal regulation ^) or the amounts, 9e
the alien to the satisfaction of the amount of actual justified
the cost expended on your housing and persons evaluated jointly.
In the case of a foreigner under section 66 may be replaced by proof of this document
the promise of provision of funds to provide permanent residence on the territory of the
resources from public budgets. For income referred to in the first sentence shall be deemed to
pensionable income under the Act on environmental and existential minimum, with
excluding one-time income, child support, in the
unemployment benefits, retraining, support and benefits to help in the system in the
material need; for the purposes of calculating income, § 8 paragraph. 2 to 4 of the Act on
environmental and existential minimum does not apply. The income foreigners can be demonstrated
in particular, the employer's confirmation of the amount of the average net monthly
the earnings, in the case of income from dependent activities, or a tax declaration from
the income of natural persons, in the case of income from the separate activities. If
Unable to prove income other credible manner, can be used as proof of the
availability of funds for permanent residency submit statements of account
in the Bank for the past 6 months, which indicates that the alien by such
revenue, or the payment of income tax assessment.
(2) proof of accommodation under section 70, paragraph. 2 (a). (f))
means a document about the ownership of an apartment or House, proof of eligibility
the use of the apartment or House, or a written confirmation of the person who is
the owner or the authorized user of the apartment or House, with its officially
certified signature, which is granted to foreigners with accommodation.
Accommodation may be provided for only in the object, which is under the Special
the law ^ 31) is marked with the number of descriptive or registration,
where appropriate, the indicative number, and is in accordance with the building Act intended for
housing, accommodation and recreation. Official verification is not required,
signed by the person referred to in the first sentence consent from authorized
an employee of the Ministry. If a written confirmation of the consent referred to in
the first sentence is made electronically, must be signed by a recognized
electronic signature; This shall not apply where the certificate is delivered to the
through the data on the Clipboard.
section 72
Particulars of the application for permanent residence permit must not be older than 180
days, with the exception of the travel document, birth certificate, marriage certificate,
the document certifying the knowledge of the Czech language and photos
the alien, if corresponding to its actual form.
section 73
The Ministry without undue delay, notify the Central undertaking of the General
health insurance in the Czech Republic for inclusion in the register of insured persons
General health insurance ^ 12) day, when a decision on the authorisation to
permanent residency or its cancellation has acquired power.
§ 74
(1) an alien shall, within 3 working days of the entry into the territory of the
come to take a decision on the issue of the Permanent
the stay.
(2) an alien is obliged to after taking a decision on the authorisation to
permanent residence is to call on the Ministry to appear personally
the processing of the data needed for the issue of a certificate for a residence permit, and
including the acquisition of biometric data of the alien and his signature, which is
designed to further digital processing; the signature of the Pact, if
foreigners in its execution prevents hard to jump an obstacle. The stranger is
shall within the period specified by the Ministry, but no later than 60 days from the
the date of acquisition of biometric data, the Ministry for
the takeover of the residence permit card.
The reasons for the refusal, the demise of the validity and revocation of permit
permanent residence
§ 75
the title launched
(1) the Ministry of a request for the issue of permanent residence permit be refused
If
and the alien to request submit to) counterfeit or altered requirements or
the elements in which the data relevant for the examination of the application
do not correspond to reality,
(b)) in the case of a polygamous marriage Nobel permission to merge
the family already in the territory with another wife is staying,
(c)) is an alien registered in the register of undesirable persons (section 154),
(d)) with a stranger without serious reason, fails to appear for questioning (article 169, paragraph 2),
refuses to testify or in the testimony stating false facts
(e)) are detected the fact pursuant to section 77, paragraph. 1 (a). and) or
(e)), or
(f)) in a proceeding are not confirmed by the reasons mentioned in the application for authorisation to
permanent residence under section 66 or the conditions are met under section 67 or
section 68.
(2) the Ministry of a request for the issue of permanent residence permit on
be refused if
and the stranger) is included in the information system of the Contracting States,
(b) the alien does not submit proof of) availability of funds for permanent residence
on the territory,
(c) the alien does not fulfil the condition) criminal indemnity (section 174)
(d)) the alien applying for a permanent residence permit pursuant to section 66 is suffering from
serious diseases,
(e)) are detected the fact pursuant to section 77, paragraph. 2 (a). (g)),
(f)) is a reasonable risk that the alien could compromise the security of the State
or seriously disrupt public order, or
(g)) the alien has seriously disrupted public order or threaten
the security of the other Member State of the European Union,
provided that this decision will be reasonable in terms of its intervention
to the private or family life of a foreigner.
(3) the reasons referred to in paragraph 1 or 2, the Ministry may not be taken into account,
with respect to the issue of permanent residence permit in the interests of the Czech Republic, or
due to the performance of an international obligation.
(4) for the reason referred to in paragraph 2 (a). the information shall be disregarded, and) with respect to the issue of
permanent residence permit for humanitarian or other reasons worthy of
Special considerations.
(5) if the issue of the residence permit referred to in paragraph 3 or 4,
the Ministry will discuss the issue of that permit is a Contracting State, that
foreigners ranked in the information system of the States parties, and in the management of
take into account the facts that led to this classification. Edition
permanent residence permit, the Ministry shall notify the Contracting State which
foreigners in the information system of the Contracting States.
§ 76
The validity of the permanent residence permit expires
and the acquisition of citizenship) of the Czech Republic,
(b)) the acquisition of the judgment imposing the foreigners the penalty
the expulsion of ^ 10) or a decision on administrative expulsion of vykonatelností,
(c)) if another Member State of the European Union foreigners admitted legal
the status of a resident of another Member State of the European Union ^ 7 c), or
(d) the death of the alien or legal) the power of the Court decision on the Declaration
foreigners dead.
§ 77
(1) the Ministry cancels the validity of the permanent residence permit, if
and) finds that the alien committed the circumvention of this law with the aim of
obtain a permanent residence permit, especially if assigned closed
marriage or its assigned through the consent was addressed
fatherhood,
(b) a permanent resident aliens) was allowed on the basis of the counterfeit
or the amended requirements or formalities, in which the data referred
relevant for the examination of the application do not correspond to reality,
(c) the alien has resided outside the territory) of the States of the European Union for a continuous period
longer than 12 months, unless justified on serious grounds, in particular
pregnancy and birth of a child, a serious illness, study or
training or work by sending abroad,
(d) the alien has resided outside the territory) for a continuous period of more than 6 years,
(e)) is justified by the fulfilment of the obligation arising from an international
of the Treaty,
(f)) of a foreigner shall request, or
g) alien, the former holder of a blue card or his family member,
He stayed outside the territory of the Member States of the European Union for a continuous period
longer than 24 months.
(2) the Ministry of the validity of the permanent residence permit on cancels,
If
and the stranger seriously) repeatedly disrupts public order or
the rights and freedoms of others or is a reasonable risk that could compromise the
the security of the State,
(b)) shall cease within 5 years after the issuance of permanent residence permit, the reason for
that was in accordance with section 66 paragraph. 1 (a). and 1 or §) of point 66 paragraph. 1 (a).
(b)) a permanent residence permit issued
(c)) was cancelled the validity of the permanent residence permit issued by the who
for foreigners, the holder of the authorisation, the nursemaid,
(d) has not fulfilled an obligation pursuant to the alien) section, paragraph 88. 3,
(e)) the alien is included in the information system of the Contracting States and the
the competent authority, that the alien to this system will provide a ranked,
the additional information after the evaluation can be considered, that it takes
reasonable danger that he could during his stay on the territory of another Contracting
State compromise its safety, or seriously harm the public
order, the
(f)) was a stranger been sentenced by a court in the Czech Republic for committing
intentional crime to punishment of imprisonment, nepodmíněnému or
(g)), from another Member State of the European Union or the State party exercising the
a common procedure in the matter of expulsions expulsion of foreigners decided
its territory ^ 9a) due to conviction of a foreigner to imprisonment in
length of at least 1 year or for reasonable suspicion that he has committed a serious
criminal activity or such activity is preparing to the territory of a
State of the European Union or of the Contracting State making the common procedure
in the matter of expulsions, and for reasons of infringement of the legislation of the
governing the entry and stay of foreigners on their territory,
provided that this decision will be reasonable in terms of its intervention
to the private or family life of a foreigner.
(3) the Ministry of the decision on the revocation of permits
the stay referred to in paragraphs 1 and 2 shall set a deadline for the departure from the territory and grants
foreigners exit command; the foreigner is obliged, within the time limit of the territory
travel.
the title launched
§ 78
cancelled
section 79
cancelled
§ 80
cancelled
the title launched
§ 81
cancelled
section 82
cancelled
Part 2
The legal status of long-term resident status in the European
on the territory of the community
section 83
the title launched
(1) the Ministry of the decision on the permanent residence permit is granted by the
Aliens legal status of long-term resident status in the European
community on the territory of the ^ 7 c) (hereinafter referred to as "resident within the territory"), if the
the stranger
and fulfilled condition 5 years) of continuous stay in the territory (section 68),
(b)) to disturb seriously endanger public order or
the security of the State or another Member State of the European Union and
(c) provide the means to prove) permanent residence on the territory under section 71.
(2) the Ministry of the legal status of resident on the territory of the later confesses
foreigners with a permanent residence permit in the territory to which this law
the position was not given at the same time with the issue of a permit for permanent
stay, if the alien requests in writing and meets the conditions provided for in
of paragraph 1.
(3) the Ministry of the legal status of resident on the territory of the later confesses
an alien who is the holder of a blue card, if fulfilled condition 5 years
continuous residence in the territory of the Member States of the European Union as a
the holder of a blue card and for two years as the holder of a blue card
24 is staying in the territory. In the period of 5 years of continuous
stay on the territory of the Member States of the European Union shall
stay on the territory of another Member State of the European Union, in its
the territory of the holder of a blue card issued by a Member State of the European Union
He stayed for less than 18 months. This provision shall apply mutatis mutandis
also apply to the members of the family of the holder of a blue card, which was
possible cohabitation of the family on the territory of the Member States of the European
the Union.
(4) the alien, to whom the legal status of the resident in the territories was cancelled
(section 85 (1)), is entitled to request the reallocation of this legal
position, if the date of final decision on the abolition of the rule
the position of resident on the territory of at least 5 years have elapsed and proves to ensure
resources for permanent residency on the territory under section 71. Department of legal
the position of resident on the territory of aliens be granted, if the territory is staying after
specified time (section 68), ceased the repeal of
legal status and if there is no reasonable risk that could seriously
way to disrupt public order or endanger the safety of the State or
another Member State of the European Union.
§ 84
the title launched
(1) the Ministry shall indicate the resident on the territory of the certificate of authorization to
stay alert "residence permit for a long-term resident status
-EC "^ 7 c).
(2) the Ministry to licence a residence permit shall be entered on the record
"The international protection granted to [name of Member State] on [date]",
in the case of foreigners, to which another Member State of the European Union has granted
international protection. The record shall indicate only if the decision on the
the granting of international protection continue to be valid.
§ 85
the title launched
(1) the Ministry decision invalidates a decision granting
the legal status of resident on the territory of, if not the reasons for cancellation
the validity of the permanent residence permit, if
and resident in the territory of) seriously disrupted public order or
threaten the security of the State, or
(b)), from another Member State of the European Union decided on the termination of the transitional
resident on the territory within its territory due to a serious breach of the
the public order.
(2) the Ministry after the acquisition of the decision referred to in paragraph 1 in
certificate of residence permit is revoked the entry permit to stay for
long-term resident-EC "^ 7 c).
(3) the validity of the decision on granting legal status to be resident on the
the territory of lapses by clearing the validity of the permanent residence permit.
Part 3
the title launched
§ 86
cancelled
Part 4
Stay foreigners entrusted to spare education by decision of the competent
authority
§ 87
(1) an alien under the age of 18 years, officially to spare education decision
^ 10 c) the competent authority is entitled to permanently reside in the territory, if
at least one natural person, of which the alien is entrusted, logged on to
permanent residency on the territory or in the territory of the Institute located in which is
the alien resides.
(2) the Permission under paragraph 1 arises on the date of entry into force
the decision to confer foreigners to spare education; the Ministry after
the submission of this decision of the Aliens shall issue a certificate of permission to
permanent residency in the territory.
(3) an alien in accordance with paragraph 1 shall be entitled to the age of 15 years
reside in the territory without a travel document.
(4) the Ministry shall issue on request the foreigners referred to in paragraph 1 pass on the
the residence permit. The application is an alien shall submit a travel
document and photo.
(5) an alien referred to in paragraph 1 shall apply for the issue of a certificate of
residence permit not later than 30 days after the age of 15 years.
(6) Permission for permanent stay of foreigners to trust the replacement of education
before reaching the age of 15 years shall be forfeited if the
and the person to whom it was) the alien has been entrusted to spare education, in writing, notify the
the Ministry, that the alien waives this privilege; the notification must be
the latter its certified signature,
(b) the alien takes the nationality) of the Czech Republic under the Special
^ law 1a),
(c)) ends up spare education referred to in paragraph 1, or
(d)) of the natural person referred to in paragraph 1, the logs out of the residence on the
territory.
(7) permanent residence permission for foreigners to trust to spare education
After the age of 15 years shall be forfeited if the
and the stranger)
1. the Court has condemned the Czech Republic for committing intentional
offence to imprisonment, nepodmíněnému
2. they shall notify the Ministry that this permission gives up; to the notification
connects with the consent of the legal representative of his certified signature,
3. takes citizenship of the Czech Republic according to special legal
code ^ 1a), or
4. reaches the age of 18 years; This does not apply if the Court decision is the responsibility
foreigners are limited, or the decision on the application under section 66 paragraph. 1 (a).
and), if a stranger it within 60 days after the age of 18 years,
(b)) ends up spare education referred to in paragraph 1 before the age of 18 years
the alien, or
(c)) the natural person referred to in paragraph 1, the logs out of the residence on the
territory.
(8) the date on which permission for permanent stay or disappear in accordance with paragraph 6
7, shall cease at the same time the validity of the certificate of permission for permanent stay on
the territory of validity of the licence and for a residence permit if the alien was released.
(9) the provisions of § 117d and apply to foreigners 117e with permission to
permanent residence by analogy.
(10) If an alien has been entrusted to spare education before the age of 15
years of his stay in the territory after the age of 15 years per stay
pursuant to section 65 paragraph. 1 (a). and).
Title IVa
RESIDENCE OF THE CITIZEN OF THE EUROPEAN UNION AND HIS FAMILY MEMBERS IN THE TERRITORY
Part 1
Temporary stay
§ 87a
(1) the Ministry shall issue to citizens of the European Union ^ 1b) at his request confirmation
on the transitional stay in the territory, if a citizen of the European Union
and intends to reside on the territory of) temporarily for a period longer than 3 months ^ 13) and
(b) endanger the safety of the State or of) seriously disturb public
order.
(2) the application for issue of the certificate of residence in the territory of the citizen
The European Union shall submit a
and) travel document,
(b) the document confirming the purpose of the stay), in the case of employment, business, or
other gainful activity ^ 13a) or study,
(c)),
(d)), proof of health insurance; This does not apply if the purpose of your stay
employment, business or other gainful activities ^ 13a), and
e) proof of accommodation on the territory.
(3) a family member of a citizen of the European Union, which itself is a citizen of the
The European Union intends to reside temporarily in the territory for a period longer than 3
month ^ 13) together with a citizen of the European Union, is obliged to request
submit the particulars referred to in paragraph 2, with the exception of the elements referred to in
paragraph 2 (a). (b)), confirming that it is a family member of a
the citizen of the European Union, and in the case of foreigners, according to § 15a paragraph. 1 (a). (d)),
also, a document certifying that the person is nezaopatřenou.
§ 87b
(1) a family member of a citizen of the European Union, which itself is not a citizen
The European Union intends to reside temporarily in the territory for a period longer than 3
month ^ 13) together with a citizen of the European Union, is obliged to ask the
the Ministry of the temporary residence permit. The request is obliged to submit a
within 3 months from the date of entry into the territory.
(2) the application for the issue of a temporary residence permit is a family
Member must submit the particulars under Section 87a, paragraph. 2, with
the exception of the requirements under Section 87a, paragraph. 2 (a). (b)), the document attesting
It is a family member of a citizen of the European Union, and in the case of foreigners
According to § 15a paragraph. 1 (a). (d)), also a document certifying that the
nezaopatřenou person.
(3) the Department shall issue a temporary permit to a family member
stay in the form of a residence card of a family member of a citizen of the European
the Union.
the title launched
§ 87c
(1) the citizens of the European Union ^ 1b), which resides on the territory of a member of staff
the representative office of a foreign State or an international governmental organization
accredited in the Czech Republic, and his residence
registered with Ministry of Foreign Affairs, who himself is a citizen
The European Union, shall issue on request a certificate of interim stay on the territory of the
The Ministry of Foreign Affairs.
(2) a family member of a citizen of the European Union, which on the territory of staying as
the personnel of the Embassy of a foreign State or international
government organization accredited in the Czech Republic, who is not a citizen
The European Union and is registered by the Ministry of Foreign Affairs,
required to apply for a temporary residence permit within a period of up to 3 months
from the date of entry into the territory. Residence under the sentence of the first issue
Ministry of Foreign Affairs of the temporary residence permit in the form of
residence card of a family member of a citizen of the European Union.
(3) the application referred to in paragraphs 1 and 2 of the citizen of the European Union ^ 1b) or its
a family member shall submit a travel document and photos. The family-run
Member of the citizen of the European Union shall submit a document confirming that also is
family member of a citizen of the European Union.
§ 87d
The reasons for the rejection of the application for the issue of a certificate of interim stay
the territory and the disappearance of its validity, and the reasons for the cancellation of temporary residence
citizens of the European Union
(1) the Ministry of a request for the issue of the certificate of residence on the territory
be refused if
and) the applicant became the neodůvodnitelnou loads of benefits for persons with
disabilities or the system of assistance in material need of the Czech
of the Republic (article 106, paragraph 3), with the exception of the persons covered by the directly
the applicable legislation of the European communities ^ 13b),
(b)) is a reasonable risk that the applicant could compromise the security of the State
or seriously disrupt public order,
(c) the applicant is registered in) the register of undesirable persons (section 154) and takes
reasonable danger that he could during his stay on the territory of the compromise
the security of the State or seriously disrupt public order.
(2) the Ministry decision clears the temporary stay in the territory of citizens of the
The European Union ^ 1b), if
and) became neodůvodnitelnou loads of benefits for persons with
disabilities or the system of assistance in material need of the Czech
of the Republic (article 106, paragraph 3), with the exception of the persons covered by the directly
the applicable legislation of the European communities ^ 13b),
b) threatens the safety of the State or seriously disrupts the public
order, if the proceedings on administrative expulsion, or
c) endangers public health, suffering from a serious disease, if
such disease occurred within 3 months after the entry into the territory,
under the condition that the decision on the cancellation of temporary residence in the territory of the
reasonable in terms of its intervention in the private or family life
the citizen of the European Union.
(3) the Ministry of the decision to cancel the interim stay of a citizen
The European Union ^ 1b) on the territory of the time of the departure from the territory and grants
citizens of the European Union an exit command; a citizen of the European Union is obliged to in the
time limit from the territory.
(4) on the termination of the validity of the certificate on the transitional stay in the territory of the section 76
(a). and), b) and (d)) shall apply mutatis mutandis.
§ 87e
The reasons for the rejection of the application for the issue of a temporary residence permit
(1) The rejection of an application for the issue of a temporary residence permit is
the reasons under section 87d paragraph. 1 apply mutatis mutandis. The Ministry further on request
shall be refused if the applicant
and) threatens public health, suffering from a serious disease, if
such disease occurred within 3 months after the entry into the territory,
(b)) is included in the information system of the Contracting States and the
the authority which the applicant has included in this system, will provide additional
information, after which the evaluation can be considered, that it takes reasonable
the danger that he could during his stay on the territory of another Contracting State
compromise its security or seriously disrupt public order,
or
c) has been guilty of circumvention of this law in order to obtain authorisation to
temporary residence on the territory, in particular if the assigned married
or his assigned through the consent was addressed to fatherhood,
(d)), without serious reason, fails to appear for questioning (article 169, paragraph 2), refuses to
to testify or in the testimony stating false facts.
(2) the grounds referred to in paragraph 1 (b). and shall take into account only) conditions,
that the decision rejecting the application shall be reasonable in terms of its intervention
to the private or family life of the applicant.
(3) for the reason referred to in paragraph 1 (b). (b)) shall, with respect to the issue of
a temporary residence permit in the interests of the Czech Republic, of the humanitarian
or for other reasons worthy of special attention, or because of the implementation of the
the international commitment. The Ministry will discuss the issue of permits to the
temporary residence permit, the Contracting State of which the applicant was
the information system of the States parties, and in the management of the account of the
the facts that led to this classification. Issue of permits to
temporary residence permit, the Ministry shall notify the Contracting State of which the applicant
in the information system of the Contracting States.
§ 87f
The reasons for the termination of the temporary residence of a family member of a citizen
Of the European Union
(1) the Ministry of the family member of a citizen of the European stops
Union ^ 1b), which itself is not a citizen of the European Union, a temporary stay on
the territory, if it so requests or, for reasons referred to in § 87e.
(2) the Ministry further closes family member of citizen of the European
temporary stay in the territory of the Union, if the
and the citizens of the European Union) was canceled a temporary stay in the territory; It
does not apply, if the family member of a citizen of the European Union really cares
of the child, and for the education of the child of the citizen of the European Union in the base,
Middle and higher vocational school or Conservatory, or studies of this
a child in College,
(b) a citizen of the European Union) at the time of temporary residence in the territory of died; It
does not apply, if he was keeping a family member of a citizen of the European Union on the
territory for at least 1 year before the death of the citizen of the European Union, or
(c)) of the European Union a marriage with a citizen died on the basis of a final
the Court's decision on the dissolution of the marriage or the marriage
invalid; This does not apply if the
1. a citizen of the European Union residence, decision
the competent authority or by agreement ^ 10 c) entrusted the child to the education of the spouses
the citizen of the European Union, or he was granted the right to regular personal
contact with the child of the citizen of the European Union only on the territory of, or
2. before the start of divorce proceedings or proceedings for a declaration of marriage
void this marriage lasted at least three years and at the time of the duration of the
the marriage was a family member of a citizen of the European Union on the territory of the allowed
stay at least 1 year,
provided that this decision will be reasonable in terms of its intervention
to the private or family life of a family member.
(3) the Ministry of the decision on termination of temporary residence family
a citizen of the European Union lays down the time limit for departure from the territory, and
a family member shall be granted an exit command; a family member is
shall within the prescribed period the territory of leave.
(4) on the termination of the validity of the temporary residence permit of a family
a citizen of the European Union, section 76 (a). and), b) and (d))
Similarly.
Part 2
Permanent residence permit
§ 87g
(1) the Ministry shall issue to citizens of the European Union ^ 1b) on the request of the authorisation
permanent residence ^ 13)
and) after 5 years of his continuous stay in the territory,
(b) If, at the time of termination of) employment, business or other gainful
^ activity 13a) has reached the age laid down for entitlement to an old-age
pension ^ 13 c) or for entitlement to a retirement pension before reaching the
^ the age), and this according to the pension benefit before reaching the
retirement age, asked if this activity pursued on the territory of the
the last 12 months before the filing of the application for permanent residence permit
and continuously on the territory of residing for at least 3 years,
(c) the finished job,) if the business or other gainful
^ activity 13a) due to the emergence of the third-degree invalidity and is staying in the
the territory for a continuous period of at least 2 years; the condition of continuous time
stay on the territory does not apply, if the citizens of the European Union was entitled to a
invalidity pension for invalidity due to the work of the third degree
of the accident or occupational disease ^ 13e),
(d)) if he is employed, business or other gainful operates
activity on the territory of another Member State of the European Union and
every day or at least once a week, returning to the territory, to the territory of
previously resided continuously and at the same time here he was employed, he was taking or
operated other gainful activity for at least 3 years, or
e) in the case of a citizen of the European Union under the age of 18 years, which was entrusted to the
by decision of the competent authority alternative education.
(2) the Ministry shall issue to citizens of the European Union ^ 1b) on the request of the authorisation
permanent residence ^ 13), if the citizen of the European Union on the release of this
permission requests for humanitarian reasons or for other reasons of
Special considerations.
(3) the Ministry shall issue to citizens of the European Union ^ 1b) on the request of the authorisation
permanent residence if his stay in the territory in the interest of the Czech
of the Republic.
(4) for the purpose of issuing the residence permit referred to in paragraph 1 (b).
(b)), or (c)), the period of employment, business or other gainful
^ activities 13a) on the territory of another Member State of the European Union, it considers
for activities carried out in the territory, provided that the citizen of the European Union
He was employed, he was taking or operated other gainful activity on
the territory of another Member State of the European Union and usually every day
or at least once a week he returned to the territory.
(5) the period of stay on the territory of the Condition and the condition of the duration of employment,
business or other gainful activities ^ 13a) provided for in paragraph 1
(a). (b)), or (c)) shall not apply in the case of a citizen of the European Union, which is
her husband, a State citizen of the Czech Republic ^ 1a) or whose husband ceased to
State citizenship of the Czech Republic as a result of marriage or acquisition
his citizenship.
(6) the time after which the citizen of the European Union ^ 1b) register
job seekers of the Office work of the Czech Republic-regional offices
or a branch for the capital city of Prague, is counted to the desired time
employment referred to in paragraph 1 (b). (b)), or (d)), provided that it was
citizens of the European Union ^ 1b) terminated for reasons on his will
independent.
(7) the transitional Condition of continuous residence is maintained, if the
the absence of a citizen of the European Union ^ 1b) on the territory shall not exceed a total of 6
months a year, or if the time exceeds the
and implementation) for compulsory military service, or
(b)) if one of the absence of not more than 12 consecutive
months, for serious reasons, in particular in the case of pregnancy and
the birth of a child, serious illness, study or vocational training,
or due to work posting abroad.
(8) The citizen of the European Union under the age of 18 years, which was entrusted to the
by decision of the competent authority substitute education, the provisions of § 87
shall apply mutatis mutandis.
the title launched
§ 87 h
(1) the Ministry shall issue the family member of a citizen of the European Union on the
the request of the permanent residence permit ^ 13)
and) after 5 years of his continuous stay in the territory,
(b)) after 2 years of his continuous stay in the territory, if it is
at least 1 year of family member of a citizen of the Czech State
Republic ^ 1a), which is on the territory of logged on to permanent residence, or
family member of a citizen of another Member State of the European Union ^ 1b),
which has been issued a permanent residence permit in the territory,
(c) a survivor of a person) If a citizen of the Czech Republic after a "^ 1a),
that was the territory of logged on to permanent residence, or
(d) a survivor of a person) If after a citizen of another Member State
The European Union ^ 1b), which stayed on the territory for the purpose of employment,
business or other gainful activities, and
1. on the date of death of the citizen resided in another Member State of the European Union on the
the territory for a continuous period of at least 2 years,
2. the death of a citizen of another Member State of the European Union is the result of
an accident at work or occupational disease, or
3. the citizenship of the Czech Republic ceased as a result of marriage to this
a citizen of another Member State of the European Union or the acquisition of a
citizenship.
(2) the Ministry shall issue the family member of a citizen of the European Union on the
the request of the permanent residence permit
and if his stay) to the territory in the interest of the Czech Republic, or
(b)) on humanitarian grounds, in particular
1. due care on the citizen of the European Union ^ 1b), which is due to
long term adverse health condition cannot take care of yourself,
or
2. where the issue of that permit such as a minor or an adult
a dependent child of a State citizen of the Czech Republic ^ 1a), which is on the
the territory is logged on to permanent residence, or as a minor or an adult
a dependent child of a citizen of another Member State of the European Union ^ 1b),
which has been issued a permanent residence permit in the territory, if the reason is
the application of their cohabitation.
(3) The continuity of the temporary residence of a family member of a citizen
The European Union on the territory of the section 87g paragraph. 7 apply mutatis mutandis. By the time of
continuous residence referred to in paragraph 1 (b). and the time is counted)
stay on the basis of the document issued to the stay in the territory according to the specific
the legal regulation of the ^ 2) ^ 3a) if the family member of a citizen
The European Union, this special legislation no longer applies.
§ 87i
(1) the application for permanent residence permit, a citizen of the European Union ^ 1b) or
his family member shall submit
and) travel document,
(b) a document attesting to compliance with the terms and conditions) under section 87g paragraph. 1, if the
the citizen of the European Union, or a document attesting to compliance with the conditions provided for in §
87 h of paragraph 1. 1, if it is a member of his family,
(c)) and photo
(d)), the proof of accommodation.
(2) proof of accommodation referred to in paragraph 1 (b). (d)) means the
proof of ownership of an apartment or House, proof of the legitimacy of the use of the apartment
or a house or a written confirmation of the person who is the owner or
authorized user of the apartment or House, with its's officially certified signature,
which is a citizen of the European Union ^ 1b) or his residence
granted approval with accommodation. Accommodation may be provided for only in the
object, which is under special legal regulation ^ 31) is marked by the number
descriptive or registration number, as appropriate, guidance, and is referred to in
the building Act intended for housing, accommodation and recreation. Official
authentication is not required, signed by the person referred to in the first sentence
consent before the authorised employee of the Ministry. If a written
confirmation of the consent referred to in the first sentence is made electronically, must be
signed by a recognised electronic signature; This shall not apply where the confirmation
delivered through the data on the Clipboard.
§ 87j
(1) instead of the written copy of the decision shall be issued to citizens of the European
the Union or his family member, who is a citizen of the European Union,
only the card of residence of a citizen of the European Union (section 87r),
and his family member, who is not a citizen of the European Union, only
ID of the permanent residence permit (§ 87t) ^ 12). Along with the card
According to the first sentence, the citizens of the European Union or his or her family
and national certificate of authorised stay in the territory.
(2) the Ministry shall notify without undue delay the central insurance company
General health insurance company in the Czech Republic for inclusion in the registry
General health insurance policyholders ^ 12) day has
the decision on the permanent residence permit or cancel the legal power.
§ 87k
The reasons for the rejection of the application for permanent residence permit
(1) the Ministry of the application for permanent residence permit shall be refused if the
and reasonable risk) is that the applicant could compromise the security of the State
or seriously disrupt public order,
(b)), the applicant committed to circumvent this law in order to obtain a permit
permanent residence, particularly if married or his assigned
assigned through the consent was addressed to fatherhood,
(c) the applicant is registered in) the register of undesirable persons (section 154) and takes
reasonable danger that he could during his stay on the territory of the compromise
the security of the State or seriously disrupt public order,
(d)) the applicant is included in the information system of the Contracting States, if the
the family of a citizen of the European Union, which itself is not a citizen
The European Union ^ 1b) and the competent authority of the applicant to this system
ranked, will provide additional information after the evaluation you can have
for that, it takes a reasonable danger that he could during his stay on the territory of the
another Contracting State to compromise its security or seriously
to disrupt public order,
(e)) the complainant endangers public health, suffering from a serious disease, if
a permanent residence permit is sought without the conditions of the previous
continuous stay in the territory and such disease occurred within 3 months
After the entry to the territory,
(f)), the applicant fails to appear, without a serious reason for questioning (article 169, paragraph 2),
refuses to testify or in the testimony stating false facts, or
(g)) in the procedure are not confirmed by the reasons pursuant to section 87g, or 87 h.
(2) the grounds referred to in paragraph 1 (b). (d)) shall, with respect to the issue of
permanent residence permit in the interests of the Czech Republic, of the humanitarian
or for other reasons worthy of special attention, or because of the implementation of the
the international commitment. The Ministry will discuss the issue of permanent
stay with the Contracting State of which the family of a citizen of the European
Union ranked in the information system of the States parties, and in the management of
take into account the facts that led to this classification. Edition
permanent residence permit, the Ministry shall notify the Contracting State which
the family of a citizen of the European Union in the information system
the Contracting States ranked.
the title launched
the title launched
§ 87l
The reasons for the cancellation and termination of the validity of the permanent residence permit
(1) the Ministry decision cancels the permanent residence permit, if
the holder of this authorization
and) threatens the safety of the State or seriously disrupts the public
order, if the proceedings on administrative expulsion,
(b)) is a family member of a citizen of the European Union, which itself is not
a citizen of the European Union ^ 1b), and is included in the information system
the Contracting States, the competent authority that the holder of the permit to permanent
in this system, ranked, will provide additional information,
the evaluation can be considered, that it takes a reasonable risk that the
He could during your stay on the territory of another Contracting State to threaten his
security or seriously disrupt public order,
c) has been guilty of circumvention of this law in order to obtain authorisation to
permanent residence, particularly if married or his assigned
assigned through the consent was addressed to fatherhood, or
(d) resident on the territory) for longer than 2 consecutive years,
provided, that the decision will be proportionate in terms of intervention in its
private or family life.
(2) the Ministry of the decision further clears the permanent residence permit,
If the holder of the authorization requests.
section a
On the demise of the permanent residence permit, section 76 (a). and (b))), or (d))
apply by analogy.
Part 3
Confirmation and ID cards
§ 87n
Confirmation of residence on the territory
(1) a certificate of a transitional stay in the territory is a public Charter.
(2) Confirmation of stay on the territory of its holder proves his
name, surname and other names, date and place of birth, nationality
the nationality, the address of the place of residence on the territory of the reporting, social security number and
For more information on temporary residence on the territory.
§ 87o
Residence card of a family member of a citizen of the European Union
(1) the residence card of a family member of a citizen of the European Union is
public deed; be made in the Czech language and generally in two
foreign languages according to international practice.
(2) the residence card of a family member of a citizen of the European Union shall be issued
as a separate document, which its holder proves his name,
surname and other names, date and place of birth, nationality,
number of travel document, the address of the place of residence on the territory of the reporting, native
number and other facts relating to the temporary stay in the territory.
(3) the residence card of a family member of a citizen of the European Union shall be issued
at the same time, with an estimated time of stay of citizen of the European Union,
up to 5 years. The validity of the residence card can be on the same time
to extend, even repeatedly. On the extension of the validity of the residence card is
a family member of citizen of the European Union shall apply before the end of
the validity of this card.
§ 87p
Extension of the period of validity of the residence card of a family member of a citizen
Of the European Union
(1) the application for extension of the period of validity of the residence card of a family
a citizen of the European Union, the applicant is required to submit
requirements under Section 87a, paragraph. 2 (a). and), d), (e)) and the document confirming
that is staying in the territory, together with citizen of the European Union; If there is a
change of form of the applicant is obliged to submit photos
corresponding to its actual form.
(2) the Ministry of the period of validity of a residence card of a family member
a citizen of the European Union extended, if it finds the reason for their
temporary residence on the territory according to the § 87f.
the title launched
§ 87r
The card of residence of a citizen of the European Union
(1) the Licence of residence of the citizen of the European Union is
public deed; be made in the Czech language and generally in two
foreign languages according to international practice.
(2) the Licence of residence of a citizen of the European Union shall be issued
as a separate document, which its holder proves his name,
surname and other names, date and place of birth, nationality,
number of travel document, the address of the place of residence on the territory of the reporting, native
number and other facts concerning the stay in the territory.
(3) a Licence of a permanent residence permit shall be issued to the citizen of the European Union
with a validity period of 10 years. The validity of the licence may be extended by 10 years, and
It also repeatedly.
§ 87s
Extension of the period of validity of the licence for the permanent residence permit of the citizen
Of the European Union
(1) a citizen of the European Union is obliged to ask the Ministry to extend the
the period of validity of a certificate of permanent residence permit of the citizen of the European
Union no later than within 15 days after the expiry of the licence.
(2) in the event that the filing of the application within the time limit referred to in paragraph 1 will prevent
the reasons for the will of the applicant the applicant is required to be independent of the claim,
within 3 working days after the demise of these reasons.
(3) the request for extension of the period of validity of the certificate of authorization to
permanent residence of the citizen of the European Union, the applicant is required to submit
travel document; If there is a change of form, the applicant is also required to
submit the photos corresponding to its actual form.
(4) the period of validity of the licence of the Ministry of the permanent residence permit
the citizen of the European Union extended, if the reason for revocation
permanent residence permit (section 87l).
the title launched
§ 87t
ID of the permanent residence permit
(1) the License of the permanent residence permit is the public deed;
be made in the Czech language and generally in two foreign languages according to the
international practice.
(2) a Licence of a permanent residence permit shall be issued as a separate
the document, which the holder shows your name, last name, and other
names, date and place of birth, nationality, the number of
the document, the address of the place of residence on the territory of the reporting, social security number and other
facts concerning the stay in the territory.
(3) The licence of the permanent residence permit section 87r paragraph. 3 and § 87s
apply by analogy.
Part 5
Common provisions
§ 87u
(1) the name, or names, and surname of the citizen of the European Union or its
the family is in acknowledgement of the interim stay in the territory,
the residence card of a family member of a citizen of the European Union, the licence of the
permanent residence permit of the citizen of the European Union or in the certificate of
permanent residence permit shall in accordance with the form referred to in the Latin alphabet in the
travel document. If the citizens of the European Union or his or her family
National Hall of records, the Office of the Czech Republic issued a birth or marriage certificate
in the name list, or name and surname in another shape,
the Ministry shall record this fact in the form of a certificate of
a temporary stay in the territory, the residence card of a family member of a citizen
The European Union, the card of residence of the citizen of the European
the Union or in the certificate of permanent residence permit, including the names,
where appropriate, the name, and last name in the form referred to in his hometown and his sheet.
(2) After the entry into force of a court decision on the limitation of mom
the citizen of the European Union or a member of his family, he shall indicate that
the fact the Ministry to confirm the interim stay in the territory,
residence card of a family member of a citizen of the European Union, the licence of the
permanent residence permit of the citizen of the European Union or of a certificate of authorization
permanent residence.
§ 87v
(1) a citizen of the European Union, which calls for the issue of a certificate of the transitional
stay on the territory of the replacement for the confirmation of the lost, destroyed, stolen or
damaged, is obliged to present a travel document and damaged certificate.
(2) a citizen of the European Union or his or her family member who asks about the
the issue of a residence card of a family member of a citizen of the European Union,
certificate of permanent residence permit of the citizen of the European Union or
a permanent residence permit card replacement for lost, destroyed,
stolen or damaged, it is obliged to submit photos, travel
document and the damaged card; Similarly, even if it asks for a
the issue of the licence after the end of its validity period in accordance with section 87z paragraph. 2. If the requested
a citizen of the European Union or his or her family member on the issue of the licence after the
the end of its validity period by reason of paragraph pursuant to § 87z. 1 (a). (g)), the
obliged to submit photos, travel document and the document to ensure
accommodation.
(3) a citizen of the European Union or his or her family member who asks about the
the implementation of the changes to the residence card of a family member of a citizen of the European
the Union, the card of residence of a citizen of the European Union or
certificate of permanent residence permit, is required to submit travel
the document, in which the licence is to be made, and a document proving the
the requested change. If the desired change to the licence already indicate,
the holder shall be issued a new licence; in this case, the holder
obliged to submit photos. In acknowledgement of the interim stay on the territory of the
the change does not; the Ministry will issue a new certificate of the holder
a temporary stay in the territory.
§ 87w
Requirements for an application for the issue of a certificate of a transitional stay in the territory,
residence card of a family member of a citizen of the European Union, the licence of the
permanent residence permit of the citizen of the European Union or of a certificate of authorization
permanent residence or extension of the period of validity of a residence card
the family of a citizen of the European Union must not be older than 180 days, with the
the exception of the travel document, birth or marriage certificate and photo
If it corresponds to the actual form of the applicant.
§ 0.87
(1) an application for the issue of a certificate of interim stay on territory, residential
the card of a family member of a citizen of the European Union, of a certificate of authorization to
permanent residence of the citizen of the European Union or of the Permanent
stay or extend the period of validity of the licences to the applicant is entitled to
submit to the Ministry.
(2) the request for the issue of a certificate of interim stay on territory, residential
the card of a family member of a citizen of the European Union, of a certificate of authorization to
permanent residence of the citizen of the European Union or of the Permanent
stay or extend the period of validity of licences shall be made on the official
of the form. The applicant is required to indicate in the request
and) your name, surname and other names, all of the former name, day,
month and year of birth, place and State of birth, nationality, family
status, profession, employment before coming to the territory (job title,
the name and address of the employer), the purpose of the stay in the territory, the employment
the entry on the territory of the (job title, the name and address of employer)
last place of residence abroad, the address of the place of stay in the territory, the previous
stay on the territory of longer than 3 months (the reason for and the place of residence), the day of entry into the
territory, number and validity of the travel document,
(b)) name, surname and other name, former name, State
citizenship, date of birth, place and country of birth and residence of the spouse
or the wife and
(c)) name, surname and other names, date of birth, citizenship, and
residence of parents and children.
§ 87y
A family member of citizen of the European Union, which itself is not a citizen
The European Union and in the territory of staying together with a citizen of the European Union, is
authorised to reside on its territory for the entry into force of the decision on its
the request; During this time, his stay on the territory of the deemed residence
transient. Permission to reside in the territory of the legal force of the decision
the application does not apply if acquired the authority of a decision on the administrative
the expulsion of their temporary residence or permanent residence
the family of a citizen of the European Union, or is a repeated
submitted an application in which they are not given new facts, that family
Member of the citizen in the European Union could not apply in the management of the previous
request.
§ 87z
Expiry of licences
(1) the validity of the residence card of a family member of a citizen of the European Union,
certificate of permanent residence permit of the citizen of the European Union or
a permanent residence permit will expire
and the end of the period) specified therein,
(b)) by announcing its loss or theft,
(c) the acquisition of legal power) of the decision of the Court on the restriction of the holder's mom
the card,
(d) the acquisition of legal power) the decision on the cancellation of the permits or
temporary residence of the holder of the licence,
e) acquisition of citizenship of the Czech Republic,
(f) upon the death of the holder of the licence or) acquisition of the decision of the Court of
the statement of the holder of the licence for the dead, or
(g)) the data on the place of residence of the citizen of the European Union reported or
Member of his family to the territory; This does not apply if, by reason of the stay
on the territory of another Member State of the European Union cancels the licence holder
accommodation in the territory.
(2) the Ministry of invalidates the residence card of a family member
the citizen of the European Union, the card of residence of a citizen
The European Union or of a permanent residence permit, if
and the card is corrupted) so that the entries in it are illegible or
his integrity is violated, the
(b)) ID contains incorrect information or changes
or
(c)) does not match the actual card photography in the form of its holder.
(3) If a licence holder is present and fully recognizes the reasons for cancellation
the validity of the licence, the reasons for the decision to replace the manuscript
signed by the cardholder's statement that, with the cancellation of its validity
agrees. The appeal against the decision in this case is permissible.
§ 87aa
End of validity of the certificate of residence on the territory
(1) the validity of a certificate of a transitional stay in the territory will end
and by announcing his) loss or theft of,
(b)), the acquisition of citizenship of the Czech Republic,
(c) the acquisition of legal power) of the decision of the Court on the restriction of the holder's mom
confirmation,
(d) the acquisition of legal power) the decision on the cancellation of temporary residence on the territory of the
citizens of the European Union, or on the date on which the citizen of the European Union on the
revocation of the confirmation requested,
(e) the death of the holder) receipt or acquisition of the decision of the Court of
about the statement of the holder of the confirmation for the dead,
(f) particulars of the place) the reporting of stay of citizen of the European Union on the
territory, or
(g) the holder of a certificate of announcing) their stay on the territory.
(2) the Ministry shall decide on the revocation of the certificate of the transitional
stay on the territory, if confirmation
and) is damaged so that the entries in it are illegible or is
violated its integrity, or
(b)) contains incorrect information or changes.
(3) the holder of a certificate of a transitional stay in the territory of present and
fully recognize the reasons for revocation of the certificate, can be grounds for
the decision to replace the manually signed a declaration by the holder of the
confirmation that the cancellation of its validity, agrees. The appeal against the
the decision in this case is permissible.
THE HEAD OF THE
STAY OF A FOREIGNER WHO WAS BORN ON THE TERRITORY OF THE
section 88
(1) If an alien Born on the territory of his stay on this
the territory for the duration of the stay of his legal representative, however, for a period of not more than 60
days from the date of birth, for a transitional, unless otherwise specified.
(2) if the legal representative of the born foreigners on the territory of the visa
shall, at the time referred to in paragraph 1 may submit a request for a stranger who was born
the granting of the same type of visa, and that the police in the place where is reported to
stay on the territory, staying on the territory on the short-stay visa, or
the Ministry, staying on the territory of the long-term visa. This obligation
does not apply if the alien-born at the time referred to in paragraph 1 has traveled from
territory.
(3) if the legal representative of the born foreigners to the territory on the basis of the
long-term residence permit or permanent residence permit, is
shall, at the time referred to in paragraph 1 may submit a request for a stranger who was born
the issue of long-term residence permit or authorisation to
permanent residence. In the case of submission of the application for a permit of permanent residence,
stay of a foreigner from the moment of birth was born into the decision
on this application shall be considered for permanent residence.
(4) the period referred to in paragraph 1 shall be considered extended, if filing
request at this time prevent the reasons independent of the will of foreigners to
until these reasons have ceased to exist. The alien is obliged to sentence the reasons referred to in
the first notify the police, staying on the territory for a short term
Visa, or Ministry, staying on the territory for long term visa
for the long-term or permanent residence.
§ 89
(1) the application pursuant to section 88, paragraph. 2 is the legal representative of the born foreigners
obliged to submit
and) travel document of the child; in the case of legal representative
stranger, you can submit a travel document to replace the presentation of
own travel document, in which the child is registered,
(b) the child's birth certificate),
c) travel health insurance for the period of stay in the territory, or
affidavit cover the costs associated with the provision of health
services to the child.
(2) the application pursuant to section 88, paragraph. 3 is the legal representative of the born foreigners
shall be obliged to submit the particulars referred to in paragraph 1 (b). and (b))).
TITLE VI OF THE
DEPARTURE FROM THE TERRITORY OF
§ 90
(1) the procedure of the police in border control and the departure of the alien from the
the territory provides for a directly applicable legal regulation of the European
the community of ^ 1).
(2) the police shall confirm, in accordance with the directly applicable law
European Community1) foreigners exit from the territory of the designating of the impression
exit stamp in his passport.
§ 91
Police to citizens of the European Union and its residence, which
He travels to another Member State of the European Union, will allow travel from
territory without a travel document, if
and the citizen of the European Union) shall submit a document proving his identity
and the fact that he is a citizen of a Member State of the European Union, or the card
a permanent residence permit of the citizen of the European Union,
(b)) a family member of the European Union citizen, who is not a citizen of the
The European Union shall submit a document proving his identity and
the fact that it is a family member of a citizen of the European Union, or
residence card of a family member of a citizen of the European Union or card
a permanent residence permit.
section 92
Denial of exit from the territory of the
Foreigners in the territory of which the alien leaves 15 years younger, which is
the legal representative, the police decision, issued on-the-spot ^ 38),
denies exit from the territory if the border control fails
and verified by the police) confirmation that an alien under 15 years of age residing in the territory of
with a travel document and a visa has been granted, it is a condition of residence in the
the territory, and that the natural person 18 years or older, or the legal person
undertook to reimburse the costs associated with the means of existence of the alien, with its
accommodation and treatment throughout his stay in the territory until he leaves the territory of the
and the costs incurred by the police in connection with a possible decision on the
administrative expulsion, or
(b) health services provider) confirmation that an alien under 15 years of age
is hospitalized; Police allow departure from the territory, even when the
failure to confirm the provider of health services, if the legal
the representative shall sign an affidavit that his departure is not in breach of
with the interests of foreigners, which leaves the territory.
TITLE VII
THE REPORTING OF THE PLACE OF STAY ON THE TERRITORY OF THE
§ 93
(1) an alien shall, within 3 working days from the date of entry into the territory of the
report to the police instead of stay on the territory (art. 97); This does not apply, as far as
about foreigners under the age of 15 years, the staff member of a foreign Embassy
State or an international governmental organization accredited in Czech
Republic, his family member registered by the Ministry of
Foreign Affairs or the Ministry of foreigners, which ensures
accommodation. The obligation to declare their place of residence to the police is not
the foreigners, who fulfill this obligation for landlords [section 103 (b))].
(2) a citizen of the European Union ^ 1b) is obliged to report to the police instead of stay
on the territory within 30 days of the date of entry to the territory, if his
the anticipated stay will be longer than 30 days; This obligation shall also
applies to the family of a citizen of the European Union, if this
citizen residing in the territory. The obligation to declare their place of residence to the police, the
does not apply to an alien who has complied with this obligation for landlords [§ 103
(a). (b))].
(3) the Declaration of the place of stay of the alien in the territory does not derive any rights to
object or to the owner of the property, in which the alien is logged on to the
the stay.
section 93a
cancelled
§ 94
cancelled
section 95
The obligation to report to the stay in the territory does not apply to an alien who is in the
the performance of security detention, custody, imprisonment
or which is placed in a police cell ^ 7) or device (section 130).
section 96
(1) a natural person who was a stranger to spare education, entrusted with ^ 13)
or legal person, which provides aliens the constitutional care, is required to
sign foreigners under the age of 15 years or a foreigner, whose limited
responsibility under this Act does not allow for such an Act, to
permanent residency on the territory within 3 working days from the date of the permission to
permanent residence (section 87).
(2) the person referred to in the preceding paragraph shall submit the decision to the police
the Court or the decision of the authority of the social and legal protection of the child and in the case of
the physical person and the document proving that logged on to permanent residence
on the territory.
§ 97
An alien or a person referred to in section 96 paragraph. 1 are required to report
stay on the territory to communicate to the police by filling out the login form
name, surname of the přihlašovaného alien, day, month, year and place of his
birth, of his citizenship, permanent residence abroad, the number of
a travel document and a visa, if indicated in the travel document, the beginning
and place of residence, estimated time and purpose of the stay in the territory and State
the registration mark of the motor vehicle, which arrived in the territory.
§ 98
Reporting changes
(1) an alien who has been issued a residence card of a family member
the citizen of the European Union and the citizen of the European Union, which has fulfilled the reporting
the obligation under article 93, paragraph. 2, or which has been issued a certificate of
a temporary stay in the territory, or that he was in the territory allowed permanent
stay, is required to report a change of residence on the territory within 30 working days from the
the date of the changes to the Ministry. The obligation applies to foreigners, if
the estimated change of the place of stay will be longer than 180 days. The Ministry of the
change of residence shall immediately inform the police.
(2) For a foreigner under section 87, the limited responsibility does not by
This law, such an Act, reports the change to the person referred to in section
paragraph 96. 1.
(3) an alien who is staying in the territory on a visa to stay over 90 days, or
on the long-term residence permit, is required to report the change of the place of stay
on the territory within 30 days of the date the changes to the Ministry. The obligation is on the alien
applies, if the envisaged change of the place of stay will be longer than 30 days.
(4) an alien who is entitled to temporary residence in the territory without a visa,
is obliged to report the change of the place of stay on the territory within 30 days of the date the changes
Police in the new place of stay, if it is known that the
change of the place of stay will be longer than 90 days.
(5) the amendments referred to in the preceding paragraphs report a stranger or person pursuant to section
paragraph 96. 1 fill in the login form; on demand is the one who
reports a change, shall be obliged to submit documents proving the veracity of the information
referred to in the form.
section 98a
The cancellation of the data on the place of stay of foreigners on the territory of the reporting
(1) the Ministry shall revoke the indication of the place of residence on the territory of that reported
in the document the alien, which was a permanent residency on the territory of, or in
document issued under this Act, a citizen of the European Union or its
a family member to a temporary residence in the territory,
and write) If this data is executed on the basis of forged,
invalid or forged documents or falsely or incorrectly
given the facts,
(b)) was the object, whose address is reported to stay in the territory,
removed or has lapsed,
(c)) if the accommodation does not meet the conditions referred to in section 100 (b). (d)), or
(d)) the right to use to amplify an object or part of the object on the stage, which
the address is reported to stay in the territory, and not used to this object
or its designated part.
(2) the Ministry shall revoke the indication of the place of residence referred to in paragraph 1, the reporting
(a). (d) the owner or on the proposal) of the person authorized to use the object, or
its defined part; the existence of the above reason, the petitioner is required to
to demonstrate.
(3) the place of residence of the alien after the cancellation of the data on the place of residence of the reporting on
the territory is the seat of the administrative authority, that this information is officially canceled.
The landlord and its obligations
§ 99
(1) the accommodation provider shall for the purposes of this Act, means any person who provides
accommodation for remuneration or stay more than 5 foreigners, with the exception of
the case, which can be housed foreigners and landlords can be considered as persons
the nearby.
(2) the Accommodation for the purposes of this Act, means a relationship based
accommodation contract, leasing contract, sublease contract, or
the Treaty with similar content.
§ 100
The landlord is obliged to
and notify the police immediately of the death) of resident aliens,
(b) to enable the police entry to) the places where they may detain the foreigner, if
the location used for the operation of the business or other economic
activities, if this entry is not a stranger to privacy right has been infringed
or family life,
(c) notify the police) accommodation of the alien (section 102),
(d)) to ensure foreigners accommodation that is not manifestly disproportionate to the level of the
accommodation provided by the other unless in objects like
destination in the municipality or the county or region. A comparison of the levels of accommodation
in particular, the assessment of adequacy shall be carried out on the number of guests with
taking into account the hygiene conditions and to the hospitality floor surface
room for accommodation, which shall be at least
1.8 m2, if one person in the House,
2.12.6 m2 are accommodated two persons; on each additional case
the person will be added to the floor surface 5 m2,
e) foreigners, on request, issue a certificate of accommodation, with the name,
last name, street address, place and time of accommodation,
(f)) lead the House book and, on request, submit it for review by the police;
When launch control is obliged to present to the House a book containing
information for foreigners accommodated in that time.
§ 101
The House book
(1) the House book is a document in which the landlord writes the name and
last name of resident foreigners, the day, month and year of birth, nationality
citizenship, number of the travel document, the beginning and the end of the accommodation.
(2) Search the book for control purposes under section 100 (b). (f))
the landlord in writing; digitized form is for the purpose of
checks excluded.
(3) the entries in the front of the book must be carried out transparently and
clearly. These minutes must be arranged progressively in terms of
of the time.
(4) House landlord book stores for a period of 6 years from the implementation of
the last entry.
(5) with personal information made in the domestic book can be handled in a manner
laid down by a special law. ^ 15)
§ 102
Notification of accommodation
(1) the accommodation provider is obligated to notify the accommodation of the alien within 3 working days
After his accommodation.
(2) the notification referred to in paragraph 1 shall give the Police Department.
(3) the obligation to notify the accommodation can be met
and the presentation of the completed login form), or
(b)) by means of technical data and telecommunications carriers
the transmission range of the data kept in the House book, if such transfer
possible.
(4) if the landlord Notifies the accommodation of the alien in the manner laid down in the
paragraph 3 (b). (b)), the login form be kept for 6 years from the
accommodation for foreigners.
TITLE VIII
The OBLIGATIONS of the
section 103
Obligations to foreigners
The stranger is among the obligations set out in other provisions of this
the Act further required to
and) appear on the first working day following the date of the release of the
security detention, custody or imprisonment on
the police, if there is possession of a valid travel document and a visa, if one is
a condition of his stay in the territory,
(b) submit prior to the travel document), pass for a residence permit,
confirmation of a transitional stay in the territory, the residence card of a family
a citizen of the European Union, the permanent residence permit
or licence of residence of the citizen of the European Union and personally
fill in and sign the login form (section 97); personal obligation
completing and signing the logon form does not apply to foreigners
under 15 years of age,
(c)) should be placed in proceedings under this Act truthfully and completely to all
the required data in the range specified by this Act,
(d)) at the request of the police to prove the identity of the submitting
the document, certificate of residence permit or identification card
issued by the Ministry of Foreign Affairs of persons enjoying privileges and
immunities under international law, where applicable, in the manner specified in § 177
paragraph. 3, and within the time limit laid down by the police show that meets the conditions
stay on the territory; a citizen of the European Union is obliged to prove the identity of the
the presentation of a travel document or other document certifying
identity, including the citizenship of any of the other Member States of the European
the Union, or the presentation of a certificate of permanent residence permit citizen
Of the European Union; a family member of a citizen of the European Union, which itself is not
a citizen of the European Union, is obliged to prove the identity of the presentation
travel document or residence card of a family member of a citizen
The European Union or of a certificate of permanent residence permit, if this
document or card, the identity of the other evidence may demonstrate, at the same time
However, it must demonstrate that it is a family member of a citizen of the European Union,
(e) to report a change of surname) personal status, change the data in the travel
the document, change the data in a document issued under this Act; the change is
the alien shall be obliged to notify the authority which issued the document entitling him to
the stay in the territory, and this within 3 working days from the date when the change occurred, and
If it is a citizen of the European Union or a member of his family, within the time limit
within 15 working days,
f) protect documents issued pursuant to this Act, against loss, theft,
damage or misuse, and to ensure that contain true information
(g)) when you change the shape without undue delay, request the release of the new
document containing a photograph,
h) without undue delay, submit a document issued under this Act,
that is invalid or is full of official records, and even after the demise of the
permission for permanent stay or the demise of the validity of the Permanent
the stay; the document is an alien shall be obliged to surrender the authority that this
the document issued,
I cast no later than 3 days) before the end of stay on the territory of the document
issued pursuant to this Act, with the exception of visas and travel card
identity, has been issued in order to exit from the territory; the document is
the alien shall be obliged to surrender the authority which issued the document to him,
(j)) report the loss, destruction, damage or theft of the document issued by the
under this Act, within 3 working days from the date of this event
occurred; If this event occurred on the territory of, the stranger it authority,
the document issued to him, if this event were to occur abroad,
report it to the alien Representative Office; Similarly, the alien shall be obliged to
report the find or obtain the document, whose loss or theft before
reported,
to take fingerprints fingerprint scanning) and acquiring
records to be carried out under this Act in connection with the statement of the visa
void, the proceedings for the obligation to leave the territory, the management of the administrative
the expulsion, the administrative expulsion, by ensuring for the purposes of the administrative
the expulsion, identity, fulfilment of the obligations arising from the
the international treaty or from directly applicable legal act
Of the European communities and, on request, to tolerate the scanning of fingerprint
impressions and making recordings when applying for a grant
visas and identity verification of the visa holder,
l) comply, in cases where this is justified by his State of health,
medical examination and other measures to limit the emergence and spread of
communicable diseases,
m) promptly report loss or theft to the police of the travel document
under section 108, paragraph. 1 (a). and (b))), (c)), g) or (h)),
n) reside on the territory of only with a valid travel document and a visa, if
This law provides otherwise, the
on the police to prove on request) to ensure funds for the stay; It
does not apply in the case of a citizen of the European Union ^ 1b), a member of his family
or of an alien who is staying in the territory on the basis of the authorisation to
long-term stay for the purpose of protection,
p) in the case of leaves foreigners under the age of 15 years, which is
the legal representative, may request the competent authority, the police or the provider of
health services on the issue of the certificate referred to in section 92, and this confirmation
present at the exit from the territory in the border control,
r) present in the residential control travel health
insurance under § § 180j 180i or; This does not apply with respect to the cases
referred to in section paragraph 180j. 4,
with the police on request) or, if the holder permission to
issued in order to demonstrate the operation of a business, trade or
the performance of other business activities under special legislation,
t) endure the current acquisition of biometric data technical
facilities in order to verify the authenticity of the certificate of residence permit or
verification of identity.
section 104
The obligation of the carrier
(1) an air carrier must not come from the territory of a State which is not a Contracting State,
on the territory of the return of a foreigner who does not have a travel document or a visa if it is
given the purpose and objectives of the path needed or if it is a condition of the stay in
the transit area of an international airport on the territory.
(2) the operator of a water transport and the operator on a regular
bus lines must not be from the territory of a State which is not a Contracting State,
on the territory of the return of a foreigner who does not have a travel document or a visa if it is
given the purpose and objectives of the paths is needed.
(3) the carrier ^ 15a) is obliged to ensure, on the basis of the order of the police in
accordance with the directly applicable European law
^ 15b) Community transport foreigners abroad, if the aliens
denied entry to the territory. The obligation to return a foreigner abroad further
apply to the air carrier, that the alien
and brought to the territory) if the alien fails to submit travel document or
the airport transit visa is a condition of the stay in the transit area
the international airport on the territory,
(b)) to the territory and brought this or another carrier, it has refused to return to the
the target of the State, or
(c) transported through the territory of), if the foreigners denied entry to the territory of the
of another State.
Transport is a carrier shall be obliged to ensure, not later than within the period
within 48 hours from the receipt of the order police, if the operator of a water
or land transport or within 7 days, if the air
the carrier; period to build for the duration of the proceedings for grant of the international
protection under a special legal regulation ^ 2) or for the duration of the stay
foreigners in the provider of health services in accordance with § 10.
(4) an air carrier that foreigners on the territory of the shipped, is further required to
on the basis of the instruction of the police to ensure the transport of foreigners abroad,
and if aliens) were invalidated and airport transit visa
the stranger refuses to continue their journey to another country, or
(b)) in the case of foreigners resident in the transit area of the international
the airport, which refuses to continue their journey to another State and are
identified the reasons referred to in § 9 (2). 1 (a). (f)), g), (h) or (i))).
(5) the carrier shall be obliged to bear the costs of ^ 15 c) associated with the resident alien at the
territory or in the transit area of an international airport on the territory of the
the time will be in accordance with the directly applicable law
Of the European communities ^ 15b) transported abroad.
§ 105
The obligation of the Court, of the Institute for the execution of security detention, remand
the prison and the prison
(1) a court that has been finally decided
and the conviction of a foreigner)
(b)) on the restriction of the alien mom,
(c)) for a declaration of foreigners dead or missing,
(d)) about the divorce, the dissolution of a registered partnership (hereinafter referred to as
"the partnership") or invalidity or the absence of marriage or
partnerships in cases where a participant in the proceedings is an alien
(e) the provisions of the guardian for a minor) about the foreigners, when the trustee or
My husband is a foreigner, or guardian
(f) the custody of the minor foreigners) in alternative family care to foreigners with
permission to stay in the territory, or his husband,
shall inform the competent Department of the police in the place
the reporting of the stay of the alien; in case of doubt, when determining the
the Police Department shall inform the competent Police Department, the Court of
of the Court.
(2) the Department for the performance of security detention, prison or jail
inform the Department of the police of local jurisdiction of the Institute
for the performance of security detention, remand prison or the prison of
the decision on the release of the foreigners of security detention, custody or
about their imprisonment.
(3) the police the information received in accordance with paragraph 1 or 2 shall immediately
refer to the Ministry, if the foreigner, who is granted the
long-term visa or was allowed to long-term or permanent residence, or
the citizen of the European Union or a member of his family.
Section 106
The obligations of public authorities
(1) the Office of the Czech Republic-regional branches and a branch for the main
City of Prague are required to notify the Department in writing immediately
and nenastoupení foreigners at work) the place specified in the authorisation to
job or on work instead of programmable holds employee
card or intended for the holder of a blue card,
(b) the termination of the employment of foreigners) before the expiry of the period for which it was
a work permit is issued, the employee card or the blue card; in
If the job has been terminated by serving a notice of one of the grounds
referred to in section 52 (a). and (e))) of the labour code, or by agreement of the same
reasons, or the immediate cancellation pursuant to section 56 of the labour code, and reason
termination of employment,
and are required to immediately send a copy of the decision of the Ministry of
the grant, refusal, extension, non-renewal or withdrawal of the authorisation to
employment
(2) the Trade Licensing Office shall immediately notify the Ministry interrupts,
suspension, cancellation or termination of the alien business,
which has been granted a long-term visa or authorization to
long stay.
(3) the Municipal authorities of municipalities with extended powers and responsible for municipal offices
shall be obliged to immediately notify the Department in writing that the citizen
The European Union or his or her family member temporarily staying on
the territory became a neodůvodnitelnou burden of assistance in material need or
that the holder of a blue card filed for the post on living, Supplement
on the housing or special immediate assistance. The Labour Office of the Czech Republic
-the regional and branch offices for the city of Prague are required to
notify the Department in writing, without delay, that the citizen of the European Union or
his family temporarily staying on the territory became
neodůvodnitelnou loads the system of benefits for people with
disabilities.
(4) the authority of the assistance in material need ^ 9about) is obliged to promptly in writing
notify the Department that the total monthly income of a resident of the other
the Member State of the European Union or a member of his family, which
issued long-term residence permit, and together with him
examined persons [section 42 c, paragraph 3 (b), (c))], is less than the amount of living
jointly evaluated persons.
(5) if the aliens released employment card are the Office work of the Czech
the Directorate-General of the Republic, or other authorities, are obliged to
report immediately to the Ministry of the fact that they are aware and
may be the reason for the termination of the employee cards.
(6) the competent authority of the uznávací under special legislation ^ 35)
inform the Ministry about the decision issued in proceedings on the recognition of professional
qualifications relating to the holder of the employee card or the blue card.
(7) a court that is designed for the management of the commercial register, or the administrative
the authority which is competent to register, list, or record
entrepreneurial natural persons under special legislation ^ 30),
shall immediately notify the Department of a change or cancellation of the registration of the alien
in this index, list or register; This does not apply in the case of a citizen
Of the European Union.
(8) the District Social Security Administration shall immediately notify the
the Ministry reported that a foreigner of interruption or termination of the
self-employment; This does not apply in the case of a citizen of the European
the Union.
(9) the State Labour Inspection Office and the regional labour inspectorates shall immediately
be notified in writing to the Ministry of employment of foreigners without a residence permit,
without a work permit, if, under the law on employment
required, or in violation of the employment card or blue card;
shall notify the State Labour Inspection Office and the regional
labour inspectorates immediately whether or not the Department of alien police of the regional
the Directorate of the police to the competent according to the place of employment of a foreigner.
§ 107
Obligations of other persons
(1) Who finds or otherwise gets the travel document referred to in section 108, paragraph. 1,
the card of residence permit, confirmation of a transitional stay in the territory,
ID of the permanent residence permit, residence card of a family
a citizen of the European Union or card to permanent
residence of the citizen of the European Union, is obliged to immediately surrender to the police.
(2) which provides accommodation for foreigners, is obliged, on request, issue
proof of accommodation stating the period for which the accommodation is
ensured.
(3) the inviting person is obliged to pay the material and non-material damage,
that will create a State of non-compliance with the obligations referred to in the invitation authenticated
the police.
(4) the person who is committed under section 15, it is obliged to immediately notify the
withdrawal from its commitment to the police. From the obligation under section 15 could not be
withdraw during the stay of foreigners on the territory already summoned.
(5) a high school or College shall forthwith in writing
notify the Department not to open, interruption or termination of studies
the holder of the visa to stay over 90 days for the purpose of study or residence
long-term stay for the purpose of study.
(6) the research organisation which has concluded with a stranger about
hosting ^ 9j), shall immediately notify the Department of their
the validity of this agreement or shall communicate the fact that prevents further
the continuation of the hosting agreement.
(7) the Ministry of education, youth and sports in writing without delay
shall notify the Ministry of the decommissioning of the research organisation from the list of research
organisations approved for the admission of researchers from third
countries conducted under special legislation ^ 9j).
(8) the natural or legal person who, employing foreigners and working
the ratio was terminated for any of the reasons mentioned in section 52 (a). and (e)))
the labour code or agreement for the same reasons or immediate cancellation
pursuant to section 56 of the labour code before the expiry of the period for which it was aliens
a work permit is issued, the employee card or the blue card and the
for this reason he has been or is to be invalidated permission to stay
issued for the purpose of employment, is required to reimburse the costs associated with the
the provision of health services to foreigners in the period from the end of the work
proportion to the departure from the territory, however, after the period for which
the work permit has been issued, an employee card or blue
card; This does not apply if the reimbursement of these costs is provided to other
in a way.
(9) the natural or legal person who is hired by the holder of the
employee card or blue cards, the Ministry is obliged to
inform the estimated change of employment classification
the holder of a blue card employee card or.
(10) Health Services Provider is obliged to at least 24 hours in advance
inform the police about their stay of a foreigner in a healthcare facility
pursuant to section 10 and 126b.
TITLE IX OF THE
TRAVEL DOCUMENT
section 108
(1) A travel document for the purposes of this Act, shall be deemed to
and deed,) them as a travel document recognised by the Czech
Republic of,
(b)) Public Charter, which satisfies the conditions referred to in paragraph 2,
(c)) the European Union citizen identity card, ^ 1b)
(d) the alien's passport) with territorial validity to all the States of the world,
e) travel identity card, or
f) travel document issued by the Czech Republic on the basis of the international
of the Treaty,
g) replacement travel document of the European Union, ^ 15e)
(h)) the list of pupils of passengers on a school trip within the European Union, ^ 7b)
If it contains
1. photos of pupils who are not able to prove
identity card containing a photograph,
2. the Member State of the European Union, in which the pupil place
residence, that the pupil is entitled to return to this State, and for the
provided that the Member State of the European Union, in which the pupil place
residence, announced the Czech Republic, that has a list of pupils recognise as
travel document.
(2) A travel document referred to in paragraph 1 (b). (b)) can be used for purposes of this
the law recognize the public instrument issued by a foreign State for the purpose of travel
abroad, if the terms of its implementation and the language in which they are
the information corresponds to the international practice, the territorial force
includes the territory and you can find out from it
and) data on the nationality of the alien,
(b) the particulars of his identity),
c) photograph of the holder,
(d) the indication of the period of validity).
(3) the travel document referred to in paragraph 1 (b). and a) and b) for the purposes of the grant of the
long-term visa must not be older than 10 years, must contain at least 2
free website and its period of validity shall be at least 3 months,
than the period of validity of the visa is fixed; This does not apply with respect to the granting of
visa to stay over 90 days for the purpose of prolonging the stay in the territory.
section 109
(1) alien's passport, travel identity card and travel document pursuant to section
paragraph 108. 1 (a). (f)) is issued at the request of the alien, if not further
unless otherwise provided for.
(2) foreigners, which will invalidate any of the documents abroad referred to in
paragraph 1 shall issue, at the request of the representative office of the travel card
identity to travel to the Czech Republic; the issue is consent
the authority which issued the document.
(3) the travel documents referred to in paragraph 1 are public documents.
section 110
cancelled
section 111
(1) in the application for the extradition of aliens ' passport, travel identity card
or a travel document under section 108, paragraph. 1 (a). f) alien shall state its
surname, first name, other name, gender, social security number, if the aliens
allocated to the day, month, year of birth, place and country of birth, State
citizenship and where is reported to stay on the territory. The request for extradition
of the identity card or travel document under section 108, paragraph.
1 (a). (f)), which does not contain the data carrier with the biometric data,
attach photos.
(2) the request for the extradition of aliens ' passport pursuant to § 113 paragraph. 3 is an alien
required to attach the photo.
(3) in the cizineckém of the Passport, identity card or travel in the travel
document referred to in section 108, paragraph. 1 (a). (f)) all the particulars referred to in
paragraph 1 and to foreigners requesting the release of photos of this
the document. The foreigner passport issued pursuant to § 113 paragraph. 1 and 2 will be further equipped with
data carrier with biometric data, which are data on the display
face and fingerprint data.
section 112
When you make changes in the travel documents referred to in section 108, paragraph. 1
(a). (d)), e) and (f)), that do not contain data medium with biometric data, the
proceed as when their issue; photos are not required.
§ 113
the title launched
(1) alien's passport, which is provided with the data carrier with the biometric data,
shall be issued with a validity period of 10 years; foreigners under the age of 15 years with the times
the validity of the 5 years, the aliens enjoying subsidiary protection with
the validity of the corresponding licence validity of residence permit of the person
beneficiaries of subsidiary protection in accordance with special legislation ^ 2) and
foreigners enjoying temporary protection with a period of validity of the corresponding
the validity of the identity card of the alien požívajícího of temporary protection by a special
the law ^ 3a). Alien's passport shall be issued within 30 days from the date of
submission of the application. The aliens, which is issued to the foreigner Passport bearer data
biometric data, at his request, verifies the accuracy of personal data
referred to in cizineckém, the newsletter of the Passport bearer with the functionality of the data
biometric data and the accuracy of it processed the biometric
of the data. The functionality and accuracy of the data carriers in it processed
biometric data is verified using a technical device allowing
comparison between the currently viewed foreigners with biometric data
biometric data processed in the data medium to the Aliens ' passport. In
the case of a finding of non-functioning medium with biometric data,
where appropriate, the findings of the incorrectness of the processed personal data therein, or
in the case of detection of inaccuracies of personal data processed in the
cizineckém of the Passport, the foreigner has the right to issue a new Aliens ' passport.
(2) Aliens under the age of 12 years if the directly applicable legislation
The European Community does not provide different ^ 15f) age limit, or
the foreigners, for which it is not possible for reasons of anatomical or physiological
changes, or disability of the fingers of the hands, take fingerprints
hand, the aliens passport bearer of the data, which are of the biometric
the data processed only data on the display face. In the data medium is in the
this case is an indication that the data carrier does not have the fingerprints of the hands
foreigners. Alien's passport shall be issued within 30 days from the date of submission of the
request and pay for it, the period of validity referred to in paragraph 1.
(3) an alien who applies for the release of the foreigner's passport within a shorter period than the
30 days, aliens shall be issued a passport without the data carrier with the biometric data and
without a machine-readable data that does not contain the digital processing
the photo or signature of foreigners, within 15 days from the date of submission of the
the request; This document is issued with a validity period of 6 months, or
period of validity of the corresponding validity of the identity card of the alien požívajícího
temporary protection under a special legal regulation, or ^ 3a) with the times
the validity of the corresponding licence validity of residence permit of the person
beneficiaries of subsidiary protection in accordance with special legislation ^ 2)
If it is less than 6 months. Alien's passport with biometric data, without carrier
data and data without machine-readable, which does not have a digital
photo processing or signing the alien, aliens shall issue a further
referred to in paragraph 7 (b). and the setback to), if the will of foreigners
the independent, for which you cannot obtain a travel document is only temporary
nature.
(4) the foreigner passport issued in accordance with paragraph 1 or 2 shall contain a machine-readable
readable zone. In the machine-readable zone of the data entered in this
order: the type of document, the code of the issuing State, name, or
the names of the foreigners, aliens ' passport number, citizenship, date
of birth, gender, duration of the Aliens ' passport, social security number and
the check digit, which are numerical representation of selected data in the
a machine-readable zone.
(5) the validity of the foreigner's passport cannot be extended. Foreign passport forfeits
force on the date of the decision on revocation of the authorization to
permanent residence, or on the date of demise of the permanent residence permission according to § 87
or removing it, or the demise of the permission to stay for the purpose of providing
temporary protection on the territory under special legislation ^ 3a).
(6) data processed in the data medium with biometric data (paragraph 1)
cannot be processed in any other way than what is provided for by law.
(7) the Ministry shall issue alien's passport
and, at the request of foreigners) who is staying in the territory on the basis of the authorisation to
permanent residence does not have a valid travel document showing that it cannot
independently of his will,
(b)) at the request of the alien, who is entitled to permanent residence under section 87,
If it does not have a valid travel document,
(c) temporary protection požívajícímu) foreigners, according to a special legal
^ Regulation 3a), who is not the holder of a travel document,
(d)) at the request of the alien, to whom was granted the additional protection referred to in
special legal regulation ^ 2), which does not have a valid travel document and
showing that it's not for reasons independent of his will.
(8) the holder of the foreigner's passport that contains biometric data with carrier
the data is entitled to any of the authority competent to issue this
the waist or the Embassy to ask for verification of the functionality carriers
the data and the accuracy of biometric data therein. In the case of
detection of malfunction data carriers with biometric data, where appropriate,
the findings of the incorrectness of the processed personal data in it, or in the case of
the findings of the incorrectness of the personal data processed in the cizineckém the waist,
the alien has the right to issue a new Aliens ' passport; the release of the new
in this case, the foreigner's passport is subject to only administrative fee
If the broken data carriers with biometric data was
due to the circumstances, of which the alien is demonstrably knew that may
cause damage or non-functionality of data carriers with biometric data.
(9) the biometric data can be used only for verifying the authenticity of
the Aliens ' passport and verifying the identity of the alien by using personal data
registered in cizineckém the waist, or the comparison of biometric data
(paragraph 1) of the processed in the data medium by the technical
device allowing the comparison of biometric data is currently displayed
foreigners with biometric data processed in a data medium of the aliens
the waist.
section 114
The travel ID card
(1) the travel identity card to travel shall issue, at the request of the police
the alien
and who is not) a valid travel document and can't for reasons independent
on his will to obtain a travel document in another manner, or
(b) under the age of 15 years), who is hospitalized and whose legal representative
Evidently, from the territory and signed the affidavit under section 92 (a). (b)).
(2) foreigners referred to in paragraph 1, the police will issue a travel ID card with
period of validity of 180 days and a maximum with territorial validity to all States
of the world.
(3) the police issue travel identity card for foreigners staying illegally in
territory without a valid travel document, after the Declaration of the short-stay visa
void.
(4) the travel identity card to travel will issue the police also
foreigners whose expulsion has been taken and that has a different
travel document.
(5) travel shall issue an identity card to travel on the Ministry
the request of foreigners,
and who is not) a valid travel document and can't for reasons independent
on his will to obtain a travel document in any other way, if he was on the territory of the
permitted long-term residence,
(b)), has been granted a visa to stay over 90 days for the purpose of prolonging the
stay on the territory according to § 33 paragraph. 1 (a). and (b)) or) or a visa to stay
over 90 days for the purpose of prolonging the stay in the territory according to the specific legal
code ^ 2), where he is staying in the territory without a valid travel document,
or
(c)) which has been granted long-term residence permit for the purpose of prolonging the
stay on the territory of the reasons in accordance with § 33 paragraph. 1 (a). and (b))) or if the
staying on the territory without a valid travel document.
Foreigners under (a)) with the travel identity card issue with the times
valid for up to 180 days and with territorial validity to all the States of the world;
the foreigners referred to in subparagraph (b)), and (c)) with a validity period of not more than 365 days, and with the
territorial validity to all the States of the world.
(6) the Ministry shall issue travel identity card alien who resides
on the territory without a valid travel document,
and the acquisition of legal power) of the decision on the revocation of the visa to stay over
90 days,
b) visa to stay over 90 days for the purpose of prolonging the stay on the territory of the
According to § 33 paragraph. 3; the period of validity of this certificate shall be determined according to the period
the validity of an issued visa,
(c)) the entry into force of the decision on revocation of the authorization to
long-term or permanent residence,
(d) the termination of the provision of protection) of the territory according to the specific legal
code ^ 2) ^ 3a)
(e)) the demise of permission for permanent residence (section 87),
(f)) issue of long-term residence permit for the purpose of prolonging the stay of
the territory of the reasons in accordance with § 33 paragraph. 3; the period of validity of this certificate is
determined according to the period of validity of a long-term residence permit, or
(g)) the issue of long-term residence permit for the purpose of protecting the territory,
If you cannot for reasons independent of his will to obtain travel
document in any other way; travel identity card shall be issued with the territorial
valid in all States of the world and the period of validity of the same duration
the validity of the long-term residence permit for the purpose of protection in the territory.
(7) the Embassy on the instruction of the Ministry issues a travel card
the identity of the foreigner, who is granted the long-term visa and is
and her husband, azylanta) or a person enjoying subsidiary protection, whose
marriage with the person or teach enjoying subsidiary protection was
before entering the territory, or
(b) the minor azylanta) or persons enjoying subsidiary protection
or minor spouse azylanta or beneficiaries
additional protection,
If the alien does not have a valid travel document and can't get him for reasons of
in his will of independent or a reasonable risk of serious
injury ^ 39) when using a travel document, which is the holder.
section 115
The reasons for the withdrawal and for refusing the Aliens ' passport, travel certificate
identity card or travel document under section 108, paragraph. 1 (a). (f))
(1) alien's passport, travel identity card or travel document
under section 108, paragraph. 1 (a). (f)), the aliens or issued the document
be cancelled if there are no longer grounds for his release.
(2) alien's passport, travel identity card or travel document
under section 108, paragraph. 1 (a). (f)) is issued or issued the document be withdrawn if
as for foreigners, against which the
and enforcement decision) for failure to comply with maintenance obligations or
financial commitments, or
(b)) is guided by the criminal prosecution or punishment of imprisonment did not exercise
saved by the Court, if the punishment has not been pardoned or punishment
was not barred,
provided that this decision will be reasonable in terms of its intervention
to the private or family life of a foreigner
(3) the alien's passport is issued due under section 113, paragraph. 7 (b). (d)),
If
and reasonable risk that) would be put at risk the safety of the Czech
Republic or seriously disturbed public order, or
(b)) alien inserted into the information system of the Contracting States.
section 115a
Emergency travel document of the European Union
(1) a replacement travel document of the European Union ^ 15e) shall issue the representative office
at the request of the citizen of the European Union, ^ 1b) whose travel document has been lost,
stolen, destroyed, or is temporarily unavailable, if the State
which the applicant is a citizen of, not on the territory of the State, where the citizen is located,
a permanent diplomatic or consular representation, it is not represented by
otherwise, or its representation is not achievable. A condition for the issue of
the replacement of the travel document of the European Union is that the State is
the applicant, a citizen with its assent.
(2) a replacement travel document of the European Union may be issued for a single path
into a Member State of the European Union, of which the applicant is a citizen or in the
which has a permanent place of residence, or in the rare case in another State.
(3) the request for the issue of the emergency travel document of the European Union
the applicant shall indicate his name, where applicable, the name, surname, gender, physical
the height of, the date, place and State of birth, nationality, address space
residence, contact address, and the grounds for the request. To the application
on him shall submit to the available documents, proving the identity and State
citizenship, the State to which he intends to travel, and attach the photo.
(4) an emergency travel document of the European Union shall issue with the Embassy
period of validity of the reasonable time necessary for travel
which is a replacement travel document issued by the European Union.
(5) a copy of the emergency travel document issued by the European Union will send
Embassy to the competent authority of the State of the European Union, which is
the applicant citizen.
section 116
The nullity of the document
A travel document for the purposes of this Act, be deemed to be invalid,
If
and) has expired in it,
(b)) has been corrupted so that the entries in it are illegible,
(c)) is violated by his integrity,
(d)) contains incorrect information or changes
e) document does not match the actual photographs in the form of the holder, or
(f) the holder of this document) has died or has been declared dead.
section 117
The detention of the travel document
(1) Police detain at the border control or subsistence control
and, if the travel document) was issued in the name of the controlled foreign
1. This document shows the alien as their own, or
2. alien plausible except, why has such a travel document in the
the possession,
(b)) a travel document under section 108, paragraph. 1 (a). d), (e)), or (f)), if it
can be considered invalid according to this law,
c) travel document under section 108, paragraph. 1 (a). and (b))), (c)), g) or (h)),
If the authority of the State which issued it, declared invalid or
estranged.
(2) if the decision or if it can be reasonably expected, that will be decided
the withdrawal of the travel document, travel document may withhold authority
active in criminal proceedings.
(3) the police shall issue to the holder of a travel document under section 108, paragraph. 1 (a).
d), (e)), or (f) confirmation of his detention) and the detainee document without delay
the Police Department shall transmit to the competent according to the place of residence of the holder in the territory,
and if the travel identity card issued pursuant to § 114, paragraph. 5 and 6
or about the alien's passport issued pursuant to § 113 paragraph. 7, the Ministry, with the
the reasons for his detention; the Police Department or Ministry by
the previous sentence shall decide on the withdrawal of the seized documents or to return
within 15 days after receiving the notice. In the case of detention referred to in paragraph
1 (a). (b)) document after 60 days from the date of transmission of the destroy if this document
There is no evidence in criminal proceedings.
(4) the police shall issue to the holder of a travel document under section 108, paragraph. 1 (a).
and (b))), (c)), g) or (h) confirmation of his detention) and this document without
undue delay shall transmit to the Ministry of Foreign Affairs, unless
the document, an amended or a falsified document that is evidence means
in the criminal proceedings.
TITLE IXa
THE CARD OF RESIDENCE PERMIT
section 117a
The card of residence permit
(1) Licence for a residence permit is a public Charter, issued to foreigners
enabled long-term or permanent residents in the territory.
(2) Licence for a residence permit shall be issued as a separate document
containing the data carrier with the biometric data, which is data about the
facial image and fingerprint data. Strangers younger 6 years
If the directly applicable European Community law ^ 40)
unless otherwise provided in a different age, or foreigners, for which it is not possible
take the fingerprints of the hands for reasons of anatomical or physiological
changes, or disability of the fingers of the hands of the licence shall be issued,
residence permit in which biometric data are processed only from
information on the display face. In the medium in this case is given
an indication that the data carrier does not have the fingerprints of the alien hand.
(3) a Licence of residence permit contains data set directly
the applicable law of the European communities ^ 40) and
and) in case of long-term residence permit
1. the nature and purpose of the stay,
2. social security number
3. instead of reporting for the territory,
4. a record of the restrictions, mom,
5. record under section 117b, paragraph. 4,
6. record under section 42i paragraph. 7,
7. the record referred to in section 117b, paragraph. 1,
8. digital signature processing aliens
(b)) in the case of permanent residence permit
1. the type of stay
2. social security number
3. instead of reporting for the territory,
4. a record of the restrictions, mom,
5. record under section 84,
6. the record referred to in section 117b, paragraph. 1,
7. the record referred to in section 117b, paragraph. 2,
8. digital signature processing.
(4) the Ministry will acquire the biometric data of the alien and his signature, the specified
for further digital processing; the signature of the Pact, if the aliens in the
its hard to beat the obstacle preventing execution. At the same time processes with
using the data, which are for foreigners held in the information system
aliens, a log that contains information necessary for the issue of a certificate of
the residence permit.
(5) the Ministry before card of residence permit to examine the
the uniqueness of the links between the stranger and the issued certificate, and using
biometric data processed in a computerized card for authorisation to
the stay.
(6) when you pass the licence of residence permit to the Ministry of foreigners
proven learning about the conditions of use of the card so that it does not
damage or abuse. When you pass the licence of residence permit
the Ministry verifies the accuracy of the personal information contained in the newsletter
certificate of residence permit, the functionality of the data carriers with biometric data
and the accuracy of biometric data being processed in it. The functionality of the carrier
the data and the accuracy of it processed biometric data shall be verified
using the technical equipment permitting the comparison of currently displayed
biometric data of the alien with the biometric data processed in
data card for a residence permit. In the event of malfunction of the carrier
data with biometric data, where appropriate, detect inaccuracies in it
the personal data processed, or in the case of detection of inconsistencies
the personal data processed under the licence of residence permit, foreigners
issue a new licence for a residence permit.
(7) the holder of a residence permit is entitled to ask the
Ministry to verify the functionality of the data carriers. In the case of the findings
malfunction data carriers with biometric data, the aliens will issue new
licence for a residence permit; the issue of a new certificate in this case
subject to the administrative fee only if the broken data carriers with
biometric data was caused by circumstances for which the alien
demonstrably knew that may cause damage or malfunction of the carrier
data with the biometric data.
(8) the biometric data can be used only for verifying the authenticity of
certificate of residence permits and the verification of the identity of the alien, and it
by comparing the biometric data of the processed data with the data in the medium
passing in the information system of aliens or by comparing the biometric
data processed in the data medium with the currently visible biometric
data of foreigners, resulting in the course of identification, with the help of
technical equipment. If the alien cannot for purposes of verifying the identity of
submit the card for a residence permit, which is the holder of, or
If the data carrier with the biometric data in identity card for a residence permit
It is not functional, the verification of the identity of the alien fingerprint acquisition
fingers foreigners and by comparing them with biometric data connection for
these purposes in the information system.
section 117b
Write data to the card of residence permit
(1) the name, or names, and surname of the foreigners in the certificate of authorization
to stay in shape shall be referred to in the Latin alphabet in the travel document.
If the aliens released Hall of the Office of the Czech Republic native or
marriage certificate in the name, or names, and last names in another
the shape, the Ministry of this fact in the form of a record in a card
the residence permit including the indication of the name or names, and last names in
the form referred to in his hometown and his sheet.
(2) the licence of residence permit, the Ministry shall record the "FORMER
The HOLDER of the EU BLUE CARD ", if the applicant for a permit of permanent residence was
the holder of a blue card, which for granting this authorization meets the
the conditions pursuant to section 68 and 83.
(3) a statement of the limitations of the alien shall be marked in the mom card on
residence permit after the entry into force of the decision of the Court.
(4) the Ministry shall be indicated in the certificate of residence permit information on access
on the labour market; This does not apply if the holder of a blue card permit
a long-term resident of another Member State of the European Union or
permanent residence permit.
§ 117 c
The period of validity of the residence permit card
(1) the Licence of residence permit to foreigners with long-term residents enabled
the validity period of the long-term residence permit according to § 44
paragraph. 4 to 7 or § 44a of the paragraph. 1 and 2.
(2) the Licence of residence permit for foreigners with permanent residency is enabled
be issued with a validity period of 10 years, and in the case of foreigners under the age of 15 years, with the
period of validity of 5 years.
§ 117d
The extension of the period of validity of the licence for foreigners with residence permit
residents enabled
(1) the period of validity of the licence of residence permit of the alien-enabled
permanent residents can be extended, even repeatedly, about 10 years, and if the
foreigners under the age of 15 years, about 5 years old.
(2) an alien is obliged to ask the Ministry to extend the time
the validity of the certificate for a residence permit within 90 days before the expiry of the
This period of time.
(3) in the event that the filing of the application within the time limit referred to in paragraph 2 prevents
the reasons for the will of foreigners, a foreigner is obliged to independent this application
within 3 working days after the demise of these reasons.
(4) the request for extension of the period of validity of the residence permit card
the alien is obliged to present a travel document.
(5) the period of validity of the residence permit card Ministry
extended, if the reason for cancellation of the residence permit
under section 77.
(6) If an alien meets the conditions for the renewal of the licence of the
the residence permit is required to personally appear at the prompt
the Ministry for the processing of the data needed for the issue of a certificate of
residence permit, including foreigners and acquisition of biometric data
his signature, which is designed to further digital processing;
the signature of the Pact, if the aliens in its execution prevents hard
to jump an obstacle. An alien is obliged, within the time limit laid down
the Ministry, however, at the latest within 60 days from the date of acquisition of the biometric
the data come to the Ministry to take over the card to
the stay.
§ 117e
(1) an alien who applies for the issue of the residence permit card replacement
evidence of the lost, destroyed, stolen, or damaged, or a substitute for
the card of residence permit, the data carrier with the biometric data is
broken, is obliged to present the travel document and the damaged card or
the card with a dysfunctional data carrier with the biometric data. Similarly,
progresses, even if that stranger asks about the issue of a certificate of authorization to
stay after the end of its period of validity or cancellation pursuant to § 117f.
(2) an alien who applies for changes to a licence
stay, is obliged to present the travel document, the card to
stay and the document proving the requested change.
(3) an alien who applies for the issue of a licence for a residence permit after
the end of its validity period by reason of paragraph § 117f. 1 (a). (g)), the
obliged to submit travel document, license, which expired, and
proof of accommodation (article 71, paragraph 2).
(4) the alien referred to in paragraphs 1 to 3 shall, for the purposes of the
the new licence for a residence permit to a person to the call
the Ministry for the processing of the data needed for the issue of a certificate of
residence permit, including foreigners and acquisition of biometric data
his signature, which is designed to further digital processing;
the signature of the Pact, if the aliens in its execution prevents hard
to jump an obstacle. An alien is obliged, within the time limit laid down
the Ministry, however, at the latest within 60 days from the date of acquisition of the biometric
the data come to the Ministry to take over the card to
the stay.
§ 117f
Termination or revocation of the licence of residence permit
(1) the validity of a certificate for a residence permit will expire
and the end of the period) specified therein,
(b)) by announcing its loss, theft, or destruction of, the
(c) the acquisition of legal power) of a court decision on the limitation of the alien mom,
(d) the acquisition of legal power) of the decision on the revocation of the residence permit,
e) acquisition of citizenship of the Czech Republic,
(f) upon the death of foreigners or acquisition) of the decision of the Court of
Declaration of the alien for the dead,
(g)) the data on the place of stay of foreigners on the territory of the reporting; It
does not apply in the case of a resident in the territory (section 83), which is due to stay on
the territory of another Member State of the European Union cancelled the accommodation on the territory,
or
(h) the date of issue of a new licence) for a residence permit on the basis of the request
the alien's period of validity of the licence of residence permits in
If the period of validity of the existing certificate has not expired at that date.
(2) the Ministry of the validity of the licence shall revoke a residence permit, if
and the card is corrupted) so that the entries in it are illegible or
his integrity is violated, the
(b)) ID contains incorrect information or changes
(c)) does not match the actual card photography in the form of the holder, or
(d) the licence contains the broken rack) with biometric data.
(3) if the holder of the permit to stay present and fully recognised by the
the reasons for the revocation of a licence, can be grounds for decision
replace the cardholder's signed manuscript that
clear the force agrees. The appeal against the decision is not in
this case is permissible.
§ 117g
Certification of residence permit without the data carrier with the biometric
data
(1) the Ministry may issue certificates of residence permit without carrier
data with biometric data, which do not contain the digital processing
the signature of the alien, if
and a technical problem occurred) on the device to ensure the processing of the data
necessary for the issue of a certificate of residence permit containing carrier
data acquisition with biometric or biometric data and signature
the alien intended to further digital processing, or on a device
to ensure the transmission of information necessary for the production of a certificate of authorization to
stay with the data carrier containing the biometric data or production
technology, if this technical glitch takes longer than 7 calendar
days, or
(b)) as a result of a disaster or other extraordinary event not to issue
certificates of residence permit containing the data carrier with the biometric data.
(2) Certificates of residence permit without the data carrier with the biometric data are
be issued with a validity period of 6 months, in the form of a label that is
affixed to the travel document of the alien.
(3) If the facts referred to in paragraph 1 (b). and (b))) occurred after the
When the issue of a certificate of residence permit containing the data carrier with the
biometric data have already been taken by the biometric data of the alien and his
the specified digital signature processing, these data shall be kept in the operating
the information system referred to in section 158a of paragraph 1. 4, and then, when referred to
actually, they are immediately used for the issue of this licence
about residence permits.
(4) if the alien has been issued a residence permit without the data carrier with the
biometric data is required to be on the call come on
the Ministry for the processing of the data needed for the issue of a certificate of
residence permit, including foreigners and acquisition of biometric data
his signature, which is designed to further digital processing;
call the Ministry of foreigners deliver immediately after, when as the reasons for
issue of a certificate concerning the residence permit referred to in paragraph 1.
(5) the residence permit Card containing biometric data with carrier
the data is issued no later than the foreigners date of expiry of the licence of the
the residence permit without the data carrier with the biometric data. Issue of a certificate
about residence permits referred to in the first sentence is not subject to an administrative fee.
(6) to the takeover of the residence permit card containing the data carrier with the
biometric data issued by the card instead of a residence permit without
data carriers with biometric data will invite foreigners, the Ministry shall immediately
After supply by the manufacturer of this document. By taking the card to
stay with the data carrier containing the biometric data referred to in the first sentence
the validity of the licence shall expire on the residence permit without the data carrier with the
biometric data.
TITLE X
ADMINISTRATIVE EXPULSION
§ 118
(1) Administrative expulsion means the termination of the stay of foreigners on the territory,
that is associated with the fixing of the time to travel from the territory and time
You cannot allow foreigners to enter the territory of the Member States of the European
the Union. The time you cannot allow foreigners to enter the territory of the Member
States of the European Union, provides for the police in a decision on administrative expulsion
foreigners. In justified cases, the decision to establish a perimeter
the transition for the departure from the territory.
(2) the administrative expulsion of a citizen of the European Union or his or her family
a means of terminating the residence of European Union citizen or his or her
the family on the territory, which is associated with the fixing of the time to
departure from the territory and the period for which you cannot allow foreigners entry to
territory.
(3) the time to travel from the territory shall be in the range of 7 to 60 days. If
a decision on administrative expulsion order issued pursuant to section 119 paragraph. 1 (a). and), it is
the police are entitled to determine the time to travel from the territory less than 7 days.
If, according to the decision on administrative expulsion have time to travel
of the territories begin to run at the time duration to ensure the alien begins this time
run from the date of their collateral. If in the course of time to travel from
the territory is secured, run this time by ensuring interrupted.
(4) The amount of time that you cannot allow foreigners to enter the territory of the Member
States of the European Union or European Union citizen or his family
allow entry into the national territory, not including the time after which the
the decision on administrative expulsion is not enforceable.
(5) for the purposes of administrative expulsion for a temporary stay on the territory of the
the unauthorized presence of a foreigner on the territory or the presence
foreigners in the transit area of an international airport or stay on
a visa issued by a special Act ^ 2) or to be able to stay legal
the decision of the Ministry for permission to stay for the purpose of
the provision of temporary protection on the territory of the ^ 3a) or the Court of the petition in the case
temporary protection. If in such a case, decided by the administrative
the expulsion, because the effect of this decision would be inappropriate intervention
to the private or family life of the alien, aliens police grants
an exit command. The alien is obliged to leave the territory at the time provided for
Visa statement.
(6) the Bulk of administrative expulsion on the basis of a decision
prohibited.
section 119
Administrative expulsion from the temporary residence on the territory of the
(1) the police shall issue a decision on administrative expulsion of an alien who is staying
the territory temporarily, with the period during which foreigners cannot allow entry to
the territory of the Member States of the European Union, and the alien shall be placed in the information
of the Contracting States,
and up to 10 years),
1. is a reasonable risk that the alien could stay on the territory of the
endanger the safety of the State use of force in pursuit of political goals,
the implementation of activities threatening the foundations of a democratic State, or
pointing to the disruption of the integrity of the territory, or any other similar way,
or
2. If a reasonable risk that the alien could stay on the territory of the
seriously disrupt public order,
(b) up to 5 years),
1. If the foreigner at the border or residential inspection document
that is false, or the proof of any other person as a proof of your own,
2. If the alien in a residence, or the frontier inspection at the
departure from the territory of a travel document which is not valid for reasons of
referred to in section 116 (a). and (b))), (c) or (d))),
3. If an alien is employed on the territory without permission to stay or
work permit, although it is a condition of this permit performance
employment, or to the territory operates a tax subject to gainful activity
without permission under special legislation ^ 16) or without permission
the employment of foreigners, or aliens employed in such employment
mediated,
4. If the alien has acted or had to act as a legal person, which
foreigners without work permit or employing such
employment mediated,
5. If the foreigner to challenge police border control,
6. If the foreigner the frontier in hiding or about such negotiations
attempts to,
7. If an alien State border outside border crossing,
8. If an alien fails to demonstrate a credible way that on the territory of the Contracting
States is staying for a period, after which it is authorised to reside on the territory of the
temporarily without a visa or on the short-stay visa, or
9. If an alien violates the law repeatedly, if issue
a decision on administrative expulsion a reasonable infringements of this regulation
obligations laid down, or if performance has undermined judicial or administrative
the decision,
(c)) up to 3 years,
1. If the alien in the territory without a travel document, although this is not
entitled,
2. If the alien in the territory without a visa, though this is not authorized, or
without a valid residence permit,
3. where the stranger in a proceeding under this Act, the false information with the
intent to influence the decisions of the administrative authority, or
4. If a reasonable risk that the alien could stay on the territory of the
seriously endanger public health, that suffer from a serious illness.
(2) the decision on administrative expulsion of a citizen of the European Union ^ 1b) or its
family member who is staying temporarily in the territory, can be issued only
in the event that a citizen of the European Union ^ 1b) or his family member
and threatens the safety of the State)
b) seriously disturbs public order; This does not apply, if the
the citizen of the European Union, who is staying on the territory for a continuous period of at least
for 10 years, or
c) endangers public health, suffering from a serious disease, if
such disease occurred within 3 months after the entry into the territory.
(3) the period for which cannot be citizens of the European Union or his or her family
National the allow entry to the territory, shall be up to 10 years, if the
administrative expulsion from the grounds referred to in paragraph 2 (a). and (b)))
up to 3 years or, in the case of administrative expulsion from the grounds set out in the
paragraph 2 (a). (c)).
(4) the decision on administrative expulsion of an alien who is staying in the territory of the
the basis of a long-term residence permit for the purpose of cohabitation
family, study or scientific research on the territory may be issued only in the
the case that threatens the security of the State or seriously disrupts the
public order or endangers public health, by suffering a fatal
diseases, and having regard to the seriousness of his conduct is not sufficient cancellation
the validity of this permit. A decision on administrative expulsion of foreigners
According to the first sentence because of the protection of public health, however, cannot be issued,
If there is a disease of foreigners after taking over for the long-term
stay for the purpose of cohabitation family, or for the purpose of studies on
territory.
(5) a decision on administrative expulsion of an alien who is staying in the territory of the
the basis of a long-term residence permit to be a resident of another Member State
The European Union, may be issued only in the event that this stranger threatens
the security of the State or seriously disrupting public order, and with the
regard to the severity of his actions is insufficient revocation of this
the authorisation; If such a procedure, the competent authority of the Member
State of the European Union resident in another Member State of the European
the Union of these legal statuses, even outside the territory of the police alien
States of the European Union which are bound by a special legal regulation
Of the European Communities ^ 7 c).
(6) if the police Decide on administrative expulsion of foreigners, which on the territory of the
staying on the basis of a long-term residence permit a resident to another
the Member State of the European Union, to which another Member State of the European Union
granted international protection, it shall examine with the competent authority of the
Member State, whether it is a decision in the matter of international protection continue to be
valid. If the decision in the case of international protection continue to be valid,
the police will decide on administrative expulsion of foreigners from the territory. Outside the territory of the
the Member States of the European Union can be such a stranger to expel only
the case that threatens the security of the Czech Republic, or was RES
convicted of a particularly serious crime and the competent authority of another Member
State of the European Union with such a procedure, agrees.
(7) the decision on administrative expulsion of foreigners, which asked the Czech
Republic for international protection shall be enforceable after the entry into force
the decision, which
and does not grant international protection),
(b)) the request to grant international protection is rejected as manifestly unreasonable,
(c)), the procedure for granting international protection, or
(d)) or complementary protection asylum withdraws,
If the vain expiry of the period for bringing an action against a decision
the Department of international protection or, if under the Special
the legal regulation of the ^ 2) action against the decision of the Ministry of the
international protection does not have suspensory effect. Decision of the administrative
the expulsion is not enforceable if a court shall, at the request of the alien to his
the lawsuit have suspensive effect.
(8) the decision on administrative expulsion of foreigners, which asked for permission
to stay in order to provide temporary protection in the territory according to the specific
the law ^ 3a), is enforceable after the entry into force of the decision
the rejection of the application or after the entry into force of the decision on stopping
the procedure for this application, if vain expiry of the period for bringing an action
against the decision of the Ministry in case of temporary protection or court
has not complied with his request to grant suspensive effect actions
temporary protection or court granting suspensive effect.
(9) If an unaccompanied minor foreigners (section 180 c), he shall appoint
immediately to the police for administrative expulsion of a guardian. Police
the provisions of the guardian of a minor alien without an escort, and shall inform the
instruct you about the tasks of a guardian.
section 119a
(1) the decision on administrative expulsion pursuant to section 119 paragraph. 1 (a). (b)) points 6
and 7 is issued, if a foreigner applying for international protection in accordance with
special legal regulation ^ 2) comes directly from the territory of the State where the
under threat of persecution or serious harm ^ 16a), and to the territory or
residing without authorisation, and without delay, the logs of the police or
the Ministry and to demonstrate a compelling reason for his unauthorized entry or
the stay.
(2) the decision on administrative expulsion under article 119 cannot be issued if the
the result would be a disproportionate intervention in private or family
the life of a stranger.
(3) the decision on administrative expulsion of a minor citizen of the European Union
under section 119 shall be issued only by reason of the threats to the security of the State, or
If it is in his interest in accordance with the Convention on the rights of the child.
(4) the decision on administrative expulsion under article 119 cannot be carried out, if the
foreigners, who asked for the release of long-term residence permit for
the purpose of the protection on the territory of, or such permit was issued; the management of the
administrative expulsion, which was not completed before issuing permit
long-term stay for the purpose of protection on the territory of the police stops.
(5) the Aliens Police, which has been granted long-term residence permit
in order to protect the territory, the decision on administrative expulsion according to the
section 119, if his cooperation with law enforcement authority
contributed to the detection or the condemnation of the perpetrators of the crime or with
regard to cooperation could be given after the departure from the territory of the
threatened his life or health. The police also cancels the decision on
administrative expulsion of his family member, which has received
long-term residence permit for the purpose of protection in the territory.
(6) the police to citizens of the European Union, which has asked about the issue of the certificate of
a temporary stay in the territory, or for a permit of permanent residence,
a decision on administrative expulsion, if reason doesn't take the risk that
He could during his stay on the territory of the State, seriously endanger the security of
way to disrupt public order or endanger public health. Similarly,
the police shall proceed, if it is a family member of a citizen of the European Union,
who asked about the issue of the permit for temporary or permanent residence.
(7) the decision on administrative expulsion is issued, if the transmission of the
foreigners under international treaty concluded with another Member State
The European Union prior to the day of the 13. January 1, 2009.
§ 120
Administrative expulsion of foreigners with permanent residence permit
(1) the police shall issue a decision on administrative expulsion of foreigners with permission to
permanent residence with the period during which foreigners cannot allow entry to
the territory, up to
and) 10 years, is a reasonable risk that the alien could stay
territory to endanger the safety of the State using force in the enforcement policy
objectives, the implementation of activities threatening the foundations of a democratic State, or
pointing to the disruption of the integrity of the territory, or any other similar way,
(b)) for 10 years, is a reasonable risk that the alien could stay
the territory of seriously disrupt public order, or
(c)) for 3 years, if an alien fails to comply with an obligation under section 77, paragraph. 3.
(2) the decision on administrative expulsion of a citizen of the European Union ^ 1b) or its
the family member, who was granted a permanent residence permit,
can be issued only in the event that seriously endangers the safety of the
State or seriously disturbs public order and with regard to the
the severity of his conduct is not sufficient withdrawal to stay.
A decision on administrative expulsion cannot be issued, if the
and a citizen of the European Union) of the minor, unless the administrative expulsion was in
his best interest, or
(b)) a citizen of the European Union, which is staying on the territory for a period of longer than 10
years, unless the State threatens the safety of particularly severe way.
(3) the period for which cannot be citizens of the European Union or his or her family
National the allow entry to the territory, shall be up to 10 years.
(4) the decision on the expulsion order cannot be issued if the result would have been
inappropriate intervention into the private or family life of a foreigner.
section 120a
(1) police in the context of deciding on administrative expulsion under section 119 and 120
is required to request a binding opinion ^ 9b) Ministry, whether
departure is possible (section 179); This does not apply, shall be decided by the police
on administrative expulsion when the alien at the border crossing, and
the stranger, explicitly stating that his departure is possible.
(2) if the reasons for disallowing the departure is after the date of entry into
the decision on the expulsion, the police will issue a new decision in
things under a special legal regulation, ^ 5 d) after requesting a binding
the opinion of the Ministry in accordance with paragraph 1.
(3) the Ministry shall issue a binding opinion without delay.
(4) if the alien is not referred to in paragraph 1 or 2 of the possible, the police
This fact shall be specified in the decision on administrative expulsion of foreigners and grants
visa to stay over 90 days for the purpose of prolonging the stay in the territory (§ 33 paragraph.
3).
(5) if the reasons for disallowing the foreigners travel, police will issue a
the new decision on the case by a special legal předpisu5d). On the day of
the entry into force of this decision shall cease on the validity of the visa issued
According to § 33 paragraph. 3 or a long-term residence permit for the purpose of
prolonging the stay in the territory; the police aliens be granted an exit command and
set a time limit within which it is obliged to leave the territory.
(6) the stranger, whose departure in accordance with paragraph 1 or 2 is not possible, it is
shall be entitled to immediately after the release of the decision on administrative expulsion may request
the Ministry to grant international protection according to a special legal
code ^ 2). If the alien does not request in accordance with the first sentence no later than two
months from the date of the entry into force of the decision on administrative expulsion,
permission to apply for international protection shall lapse. Permissions request
shall not cease, if the grounds on which the application prevent the will of foreigners
independent and alien shall submit the request within 3 days after cessation of such reasons.
(7) the validity of the decision on administrative expulsion also extinguishes, if the
aliens granted asylum. In the case of a decision on administrative expulsion under section
paragraph 119. 1 (a). and the validity of the decision), the administrative expulsion shall cease,
If the decision granting asylum, valid for a period equal to the
laid down in the decision on administrative expulsion for restriction of entry
foreigners in the territory.
(8) the validity of the decision on administrative expulsion shall lapse if the decision,
which have been granted supplementary protection or allow long-term stay
for the purpose of prolonging the stay in the territory, valid for a period
and) equal to that laid down in the decision on administrative expulsion for
restrictions on the entry of foreigners into the territory, with respect to a decision pursuant to section 119 paragraph.
1 (a). and (b)) or), or according to § 120 paragraph. 1 (a). and (b)), or)
(b) equal to 1.5 times the time) laid down in the decision of the administrative
removal of restrictions on the entry of foreigners to the territory, if the decision of the
pursuant to section 119 paragraph. 1 (a). (c)) or § 120 paragraph. 1 (a). (c)).
(9) the period provided for in paragraphs 7 and 8 shall begin on the date of the acquisition of the legal
the decision on granting asylum or subsidiary protection or the release
long-term residence permit for the purpose of prolonging the stay in the territory.
(10) the police shall inform the alien who resides illegally on the territory and
to which proceedings have been initiated about administrative expulsion due under section
paragraph 119. 1 (a). (b)), section 3 of the law require employers
not paid a wage or salary, including any costs of sending
wage or salary to the State of which the alien is a citizen of, or in the event that the
is a person without citizenship, to the State of their last permanent
address or to another State, in which he is allowed to stay. Further
foreigners, that it has the right to inform the competent authority of the inspection
work ^ 41) for violations of the legal obligations of the employer.
§ 121
By another State to consent to the adoption of a person without citizenship,
may be expelled on the basis of administrative expulsion to that State.
§ 122
Conditions to eliminate the hardness of administrative expulsion
(1) at the time, that cannot be a decision on administrative expulsion
to allow foreigners to enter the territory, the police aliens be granted a visa or permit
entry to the territory, if the consequence of the refusal of a visa or prevent
the entry would have been a disproportionate interference with the private or family life
foreigners.
(2) at the time, that cannot be a decision on administrative expulsion
to allow foreigners to enter the territory, the police shall grant a visa or entry permit
on the territory, if the purpose of the stay on the territory of the summons is a public authority
The Czech Republic and could not be when the thing to settle abroad.
(3) the duration of the stay referred to in paragraphs 1 and 2 may be laid down for up to 30 days.
(4) following the refusal of a visa or refused entry into the territory of the police
shall immediately draw up a record containing the justification for this decision.
(5) the police may, at the request of the alien issue a new decision ^ 5 d)
invalidates a decision on administrative expulsion, if
and ceased its publication) and half the time has elapsed, after which
You cannot allow foreigners to enter the territory, or
(b)) of an alien who demonstrates that they voluntarily undertook from the territory in
laid down in the decision on administrative expulsion and revocation of
a decision on administrative expulsion will be adequate given the reasons for the
which it was issued, or
(c)) is a stranger to spare Education Trust (section 87)
reached the age of 18 years and under the authority of representation of socio-legal protection
the children of this stranger manifested desire for integration on the territory.
(6) the police may, at the request of the citizen of the European Union or his or her family
a new decision ^ 5 d), which invalidates the decision of the
on administrative expulsion, if
and there has been a material change) the circumstances that justify release
a decision on administrative expulsion, or
(b)) this is a stranger to spare Education Trust (section 87)
reached the age of 18 years and under the authority of representation of socio-legal protection
the children of this stranger manifested desire for integration on the territory.
(7) the police shall issue, at the request of the alien, who after the entry into force
a decision on administrative expulsion became a citizen of another Member State
The European Union, the new decision ^ 5 d), annulling the decision of the administrative
the expulsion, if there is no danger that he could during his stay on the territory of the
compromise the security of the State, seriously disturb public order
or endanger public health. Similarly, the police in the case of
the alien, who after a final decision on administrative expulsion became
family member of a citizen of the European Union.
section 123
Reimbursement of costs related to administrative expulsion
(1) the costs associated with administrative expulsion, include the cost of
accommodation and catering, transport costs and other necessary cash
the cost. The costs associated with the administrative expulsion will include
the costs referred to in the first sentence for foreigners resident in the device together with the
a stranger secured for the purpose of administrative expulsion.
(2) if the administrative expulsion of an alien who has been employed on the territory of the
without a work permit, is under special legal regulation ^ 8e)
required, or valid permission to stay, is required to the cost
associated with the administrative expulsion under paragraph 1 to pay the one who
foreigners employed. If the costs associated with administrative expulsion
This is required to pay these costs or their remaining part
to reimburse the person who has entered into an agreement with the employer as the subcontractor,
within the limits of the performance of the employer to employ foreigners, or anyone
who on the basis of its existing business of contractual relations knew
or know and on the employment of foreigners without work permits
or valid permission to stay with the employer. The first and second sentence
shall not apply in the case of
and the employer, which) demonstrates that he has fulfilled the obligations laid down
laws and regulations governing the employment and residence of foreigners and did not know
that the residence permit submitted by a stranger is counterfeit,
(b)), who concluded with the employer as the subcontractor agreement
According to the second sentence, which demonstrates that he has fulfilled the obligations laid down
laws and regulations governing the employment and residence of foreigners and did not know
that the residence permit submitted by a stranger is counterfeit.
(3) is not paid if the costs associated with administrative expulsion, the person referred to in
paragraph 2 and, if those costs were not recovered from the financial guarantee
a composite of a stranger or složitelem under section 123c, shall these costs
pay a foreigner to be deported on the basis of the decision of the administrative
the expulsion.
(4) If an alien does not pay in due time the costs associated with the administrative
removal and if the costs were not recovered from the financial guarantees, shall be required to
These costs or pay the remainder gradually in order
and) a person who has committed itself to in the invitation authenticated by the police, or
in the case of the researcher, the research organisation, which is to
committed in writing; the research organisation shall pay the costs associated with the
administrative expulsion, incurred within 6 months from the date of expiry of the
hosting agreements ^ 9j)
(b)) the one who brokered the employment of foreigners without permits
employment,
(c)) the one who employed foreigners, and the employment relationship was terminated from a
for reasons mentioned in section 52 (a). and (e))) up to the labour code, or by agreement of the
for the same reasons or immediate cancellation pursuant to section 56 of the labour code before the
the expiry of the period for which the permit was issued to foreigners to employment,
employment card or blue card, if this stranger after cancellation
the validity of the residence permit for employment purposes from the territory of nevycestoval;
This does not apply if the alien from the territory of the nevycestoval and the one who the stranger
employed, to the satisfaction of the foreigners to ensure payment of the costs
associated with travelling to the State of which he is a citizen of, or to the State, in
which is allowed to stay,
(d)) the one who brokered the employment and work of foreigners, the ratio was
terminated for any of the reasons mentioned in section 52 (a). and (e))) up to code
work or agreement for the same reasons or immediate cancellation pursuant to § 56
the labour code before the expiry of the period for which it was issued to foreigners
work permit, employment card or blue card, if the
this stranger after the revocation of the residence permit for the purpose of
the territory of nevycestoval; This does not apply if the satisfaction,
that foreigners ensure the reimbursement of the costs associated with travelling to the State
which is a citizen, or to a State in which he is allowed to stay,
e) has not fulfilled an obligation of the carrier, pursuant to section 104.
(5) the police or Ministry of the decision lays down the period within which, and the amount of
is the person referred to in paragraphs 2 to 4 of the required costs associated with administrative
expulsion, or the remaining part of their pay. The appeal is against the
This decision allowed.
(6) where not the costs associated with administrative expulsion according to the settled
paragraphs 2 to 4, bears these costs until reimbursement
and the police,) if the alien secured according to a special legal
^ Regulation 42), or
(b) in other cases).
section 123a
Voluntary return
(1) the Ministry may bear, if it is in the public interest, the costs associated
with the voluntary return of foreigners,
and that is provided for) the purpose of administrative expulsion,
(b)) which was a decision on administrative expulsion deadline to
departure from the territory, or
(c)) that resides on the territory without a valid residence permit, if
personally came to the police voluntarily to leave the territory, and he was
subsequently issued a decision on administrative expulsion,
to the country of which he is a citizen of, or to another State that foreigners will allow
entry into its territory.
(2) an alien shall be obliged to pay the additional transport costs to the Department of
in half of the amount; by the time of payment will be included in the register of the alien
undesirable persons [section 154, paragraph 4 (b))].
(3) a request for the voluntary return of the alien is entitled to police or
the Ministry of
and in the time of reinsurance) in the device, or
(b)) after the entry into force of the decision on administrative expulsion under the conditions
that has not yet expired deadline set out to travel.
(4) on the application of the voluntary return of a foreigner, the Ministry shall decide, without
undue delay.
TITLE XI
SPECIAL MEASURES FOR THE PURPOSE OF THE ALIEN FROM THE TERRITORY AND TO ENSURE THE
The ALIEN
section 123b
Special measures for the purpose of the alien from the territory of
(1) special measures for the purpose of the alien from the territory (hereinafter referred to as
"special measures for the purpose of travel") is
and the obligation to notify the police of a foreigner) the address of the place of stay, stay
There, any amendments to the report on the following working day, the police and the
regularly report to the police in person within the period laid down by the police, or
(b)) the composition of funds in freely convertible currency in the amount of
estimates of the costs associated with administrative expulsion (hereinafter referred to as
"financial guarantee") a stranger, which is a special measure for the purpose
travel stores; funds for foreigners can pass state
a citizen of the Czech Republic or alien-enabled fixed or
permanent residency on the territory (hereinafter referred to as "složitel").
(2) the special measures for the purpose of travel can be saved, it is reasonable
the danger that the foreigner at the time set out in the decision of the administrative
the expulsion from the territory to travel where.
(3) on the species and how the performance of the special measures for the purpose of travel
shall be decided by the police. When deciding on the imposition of special measure
Police are investigating whether his saving will not jeopardise the performance of administrative expulsion, and
take into account the consequences of this decision, to private and family life
foreigners.
(4) the police, special measures for the purpose of travel is not saved, if the
unaccompanied minor foreigners.
(5) a statement regarding the imposition of special measures for the purpose of travel is
usually part of the decision on administrative expulsion. The appeal against the
statement on the imposition of special measures for the purpose of travel does not
suspensory effect.
(6) the alien is obliged to comply with an obligation imposed on him in the decision
imposition of special measures for the purpose of travel, and to leave the territory of the
at the time laid down in the decision on administrative expulsion.
(7) in the event that a foreigner commits serious breaches an obligation imposed
his decision on the imposition of special measures for the purpose of travel, or
at the time of departure specified in the decision on administrative expulsion
where such foreigners, police said. In the case that the fulfilment of the
the obligation to prevent the reasons independent of the will of the alien is an alien shall be obliged to
the obligation to fulfil without delay after the demise of these reasons.
§ 123c
The financial guarantee
(1) the financial guarantee consists in the police account and is refundable after
departure from the territory of, or after he was granted a long-term
or permanent residence or stay in accordance with special legislation ^ 2)
long-stay visa is granted or issued with a temporary residence permit.
Police with a stranger or agree on how the return of the složitelem
financial guarantees. The cost of returning the financial guarantee shall be borne by složitel or
the stranger.
(2) alien or složitel is after fulfilment of the conditions laid down in paragraph
1 to 5 years from the date of the composition of the financial guarantee for the police to ask for
repayment of financial guarantees.
(3) in the event that the alien from the territory, evidently, is obliged to submit the application
personally, through the representative office in the State, which is
citizen, in the Member State in which he is allowed to stay, or in a State which
It is not a Member State of the European Union or in a Contracting State ^ 5a). He composed the
složitel is a financial guarantee, the alien, which was the financial guarantee
composed, shall, without undue delay after the exit from the territory of the
personally report to the Embassy of the State of which he is a citizen of, or
in the State in which he is allowed to stay; Embassy of police
confirm the announcement with foreigners on the Embassy.
(4) the police shall reject the application for repayment of the financial guarantee, if
and the alien from the territory of nevycestoval) and was not allowed to fixed or
permanent residence or stay in accordance with special legislation ^ 2) ^ 3a)
(b) he has not personally request) alien,
(c) the alien has not submitted a request through) representative office in
the State is a citizen of, or in the State in which he is allowed to stay,
or
(d) the alien is personally checked) on the Embassy in the country of which
is a citizen of, or in the State in which he is allowed to stay, asking about the
the return of the financial guarantee složitel.
(5) the police is entitled to use a financial guarantee to cover the costs
associated with the administrative expulsion of the alien from the territory, if the alien
where in due time and is staying in the territory.
(6) the financial guarantee falls to the State if the alien or složitel in
period of 5 years from the date of the composition of the financial guarantees asked for its return
or not at this time satisfied the conditions for her return.
(7) the reasons for which the financial guarantee may be used to finance
the cost of administrative expulsion, or accrue to the State, the
be alien or složitel instructed before its composition.
section 124
Ensure the foreigners for the purpose of administrative expulsion
(1) the police is empowered to ensure foreigners aged over 15 years, which was
notice of initiation of the proceedings on administrative expulsion or on whose
administrative expulsion have already been taken, or has been saved
another Member State of the European Union ban on the entry of a valid for the territory of the
the Member States of the European Union and the imposition of special measures is not enough
for the purpose of travel, if
and) is the risk that the alien could compromise the security of the State or
seriously disrupt public order,
(b)) is the risk that the alien could frustrate or impede the performance of the
a decision on administrative expulsion,
(c) the alien from the territory of nevycestoval) at the time set out in the decision on the
administrative expulsion,
(d) a serious breach) alien duty imposed on him by the decision
the imposition of special measures for the purpose of travel, or
(e)) is recorded in the information system of the Contracting States.
(2) in proceedings for the securing of foreigners for the purpose of administrative expulsion is
the release of the decision of the first act in the proceedings. Appeal proceedings or recovery
the review procedure is not permitted.
(3) the police in securing the decision lays down the duration of the collateral
taking into account the expected complexity of the preparation of the administrative
the expulsion. In determining the duration of protection is the police required to
to take account of cases of unaccompanied minors of the aliens and their families or other
people with children. If it is necessary to continue preparation of the administrative
the expulsion is the police empowered to extend the duration of the collateral, and
I repeatedly. In proceedings concerning the extension of the duration to ensure the alien for
the purpose of the administrative expulsion is the decision of the first act in the proceedings.
Appeals, reinstatement or review procedures are not permitted.
(4) if it is decided to provide unaccompanied minor foreigners (para.
180 c), he shall forthwith appoint police guardian. The police of the provisions
a guardian of a minor alien unaccompanied shall inform and instruct it to
tasks of the guardian.
(5) the police is empowered to ensure that unaccompanied minor foreigners,
only if the reasonable grounds for the dangers that might jeopardize the security of the State or
seriously disrupt public order. In the case of reasonable
doubts that the unaccompanied minor foreigners, the police
entitled the alien to ensure for the reasons referred to in paragraph 1 until such time as
his real age is detected. The police will launch operations to determine the age of the
unaccompanied minor foreigners immediately after his ensure.
(6) the police seized foreigners there permission to submit the request to the police
about the release of the equipment, and also for permission to lodge in the administrative
judicial proceedings against the decision on the extension of the period to ensure or
the duration of the collateral. In the case of unaccompanied minor foreigners, learning
the police about these permissions guardian.
section 124a
The police is authorised for the purpose of administrative expulsion to ensure foreigners,
that has made a Declaration on the international protection of or request
international protection, if it was already on his expulsion been
or is the management decided the administrative expulsion initiated from reasons under
section 119 paragraph. 1 (a). and), or section 119 paragraph. 1 (a). (b)) point 6 or 7.
section 124b
Ensure the foreigners for the purpose of travel
(1) the police shall ensure on time required foreigners aged over 15 years,
that did not use voluntary repatriation options according to a special legal
code ^ 2), for the purpose of his departure from the territory, if
and) lodged an application for international protection, though it was called,
(b) after the final nevycestoval) termination of the proceeding in the matter of international
the protection of the territory within the time limit laid down by Visa or within command
30 days, if the alien has not been granted an exit command
(c)) time permission to stay in the territory granted to the person
beneficiaries of subsidiary protection.
(2) to provide the foreigners for the purpose of travel, the police shall immediately draw up
the record containing the information about the identity of the secured foreigners, date, time, and
the location of the collateral.
(3) If you cannot exit the alien from the territory to take place within 48
hours, the police in the management of foreigners for the purpose of ensuring the travel issue
the decision, which is the first act in the proceedings. The appeal, recovery management
or review procedures are not permitted.
(4) the police in securing the decision lays down the duration of the collateral
taking into account the complexity of the preparation of the expected departure.
If it is necessary to continue preparation of the departure from the territory,
is the police empowered to extend the duration of the collateral, and
repeatedly. In proceedings concerning the extension of the duration to ensure the alien for
the purpose of the travel is the release of the decision of the first act in the proceedings.
Appeals, reinstatement or review procedures are not permitted.
(5) for the purpose of travel, the provisions of § 123, 123a and
Title XII shall apply mutatis mutandis.
(6) paragraph 1 shall not apply,
and if the reason) is to ensure in accordance with paragraph 1 (b). (b)), or (c)) found on the
the border crossing at the departure from the territory, or
(b) If an alien has) the transport document for the departure from the territory (ticket,
a ticket), but could not travel within the time limit referred to in paragraph 1 (b). (b))
reasons on his will.
section 125
(1) ensuring not to exceed 180 days and is calculated from the time of
limitation of personal freedom. In the case of foreigners under the age of 18 years or the family with
minor children may not ensure the period exceed 90 days.
(2) the police is entitled to prolong the duration of the guarantee referred to in section 124
even beyond the period laid down in paragraph 1, first sentence, provided that the expulsion
the alien is not feasible in the time duration of the collateral, if the alien
and) during the performance of the administrative expulsion thwarted the assurance, or
(b)) provides false information, which are necessary to ensure the replacement
the travel document.
(3) ensure the duration shall not exceed in total 545 days and counting
from the moment of restriction of personal freedom. On the extension of the duration to ensure
the police will issue a decision, that is the first act in the proceedings. The appeal,
recovery management or review procedures are not permitted.
(4) to ensure the expulsion of foreigners for the purpose of administrative police
shall immediately inform his relative with residents on the territory; If
secured a minor alien without escorts, inform the police authority
the socio-legal protection of the child. The police shall ensure the alien for
the purpose of the administrative removal order whether or not the relevant diplomatic mission or
Consular Office of a foreign State, has its registered office in the territory, and if the
the stranger or the guardian of a minor on behalf of secured foreigners without
the escort requests, unless otherwise the international treaty; This does not apply,
as regards ensuring the foreigners, who asked the Czech Republic to
international protection under special legislation ^ 2).
§ 126
The police are obliged to
and all the while ensuring the) foreigners to examine whether the grounds for ensuring
last,
(b)) without delay after the collateral of secured foreigners learn the language in
which the alien is able to communicate about the possibility of submitting the request to the police
about the release of the device and the judicial review of the legality of reinsurance and
the decision on the extension of the duration of the collateral or the decision on the
not releasing from the device. If you cannot find this language and this cannot be
Introduction to perform or otherwise, the police instruct foreigners passing
instrument in writing instruction in the languages Czech, Danish,
French, German, Chinese, Russian, Arabic, hindském and
Spanish police about the possibility of submitting a request for the release of the device and the
judicial review of the legality of the seizure and the decision on the extension of the period
the duration of the collateral or the decision on not releasing from the device. Of the transmission
instrument lessons in writing the police draw up the record.
§ 126a
(1) Police on the instruction of the Ministry interrupts to ensure, without delay, if the
reasonable risk that
and the alien, which was) given the time limit for a decision whether the
cooperate with the body active in criminal proceedings (section 42e (2)), or
(b)) an alien who has lodged an application for a long-term residence permit for
the purpose of the protection of the territory,
could be the next stay at the device at risk to life or health
in the context of cooperation with the law enforcement authority.
(2) After a period of interruption to ensure to build a time limit under section 125, paragraph. 1.
(3) there is a reasonable danger that the alien flees, or abusing the
interruption of the collateral, the police on the instruction of the Ministry interrupts to ensure
pursuant to paragraph 1 without delay.
(4) against the decisions referred to in paragraphs 1 and 3 of the notice of appeal, and restore
the review procedure is not permitted.
§ 126b
(1) If a secured foreigner admitted to the health facility beds
care according to § 176 out of the device, the police may refrain from guarding
the alien for the location of the alien in this medical device.
(2) if the physician about the health damage
secured foreigners permanent or of the nature of the disease
foreigners can assume that his stay in the medical devices referred to in
paragraph 1, for the provision of health services will be longer than the time
missing until the expiry of 180 days from the date of the collateral, the police ensure the
exits. In the end ensure the police aliens be granted a visa to stay over
90 days for the purpose of prolonging the stay in the territory because of the obstacles on his will
the independent, which prevents his departure; the validity of the visa shall be at the time
needed to travel from the territory for a maximum period of 1 year.
(3) the provisions of paragraphs 1 and 2 shall not apply if the damage to the health of
an own intentional act.
§ 127
(1) must be completed without undue delay,
and after the demise of the reason for) ensuring
(b)) if the Court in administrative justice for annulment of the decision of the
ensure the foreigners, for the annulment of the decision on the extension of the duration of the
collateral or of the cancellation of the decision on not releasing from the device,
(c)) if the decision on the release of the equipment,
(d)) if the foreigners granted asylum or supplementary protection, ^ 2)
(e)) is allowed to foreigners long-term residence in order to protect the territory,
or
(f) if the Ministry decided) on the obligation of foreigners to remain in the receiving
Centre or in a device for securing foreigners until departure in accordance with
special legal regulation ^ 48).
(2) the Declaration of the intention to apply for international protection in the course of the
ensure it is not the reason for their security.
§ 128
(1) secured by foreigners, which has to be based on the final
a decision on administrative expulsion ended a stay in the territory, the transport police
at the border crossing in order to exit from the territory; This does not apply in
If the foreigner shall submit confirmation of a guaranteed action.
The police also take on border crossing seized foreigners after
rejecting the action against the decision on administrative expulsion and an alien who
He was secured in order to travel under section 124b.
(2) the police is entitled to keep the foreigners referred to in paragraph 1 on the device
After the time required before departure shall ensure that the conditions for the
territory.
(3) in the case of unaccompanied minor foreigners, the police will carry out the operations
referred to in paragraphs 1 and 2 only after the State where the minor alien
without the accompaniment of exiled, said that unaccompanied minor aliens
will ensure the adoption of appropriate to his age.
§ 129
Ensure the foreigners for the purpose of its transfer or transit
(1) the police shall ensure that for the period strictly necessary foreigners who illegally
entered or resided in the territory for the purpose of its transmission by
the international treaty concluded with another Member State of the European Union
before the day of the 13. January 2009 or directly applicable legal act
Of the European communities ^ 37); Police at the time required that
prováženého foreigners in the event that the transit cannot be objective
complete without the need to take breaks.
(2) to ensure the police shall immediately draw up a record containing the information about the
the identity of the secured foreigners, the date, time and place of the collateral and the reason
transfer or transit.
(3) if the surrender cannot be foreigners or the completion of the transit operation to take place in the
period to 48 hours, and in the case of transit by air pursuant to section 152 in
the deadline of 72 hours, the police in ensuring the foreigners for the purpose of its
transfer or transit shall issue a decision, that is the first act in the proceedings.
Appeals, reinstatement or review procedures are not permitted.
(4) the police is empowered to ensure that unaccompanied minor foreigners,
only if the reasonable grounds for the dangers that might jeopardize the security of the State or
seriously disrupt public order. The police is authorised, in
the case of reasonable doubt that it is a minor alien without
escorts, such foreigners to secure until his is detected
the actual age. The police will launch operations to determine the age of a minor alien
unaccompanied immediately after his ensure.
(5) the police in securing the decision lays down the duration of the collateral
taking into account the expected complexity of the preparation of the transfer or transit
foreigners. If it is necessary to continue the preparation of the transfer or transit,
is the police empowered to extend the duration of the collateral, and
repeatedly. In proceedings concerning the extension of the duration to ensure the alien for
the purpose of the transfer or transit is the release of the decision of the first act in the
the proceedings. Appeals, reinstatement or review procedures are not permitted.
(6) the police is obliged to act so that the alien passed or was
transit of foreigners through the territory at the earliest possible date completed date
ensure.
§ 129a
Request for release from the device
(1) an alien is entitled to submit a request for release of police equipment,
in which it is obliged to state all the relevant facts, which are
and the evidence relied on by the mark. The police of foreigners does not eliminate the defects
request. Police are investigating whether there are grounds for which the alien was
ensure, where appropriate, to ensure that the time was extended, or whether the
the conditions for the imposition of special measures for the purpose of
exit. On the application of police will decide without undue delay.
(2) the alien shall instruct the Police for permission to lodge in the administrative judiciary
an action against the decision of not releasing from the device; in the case of
unaccompanied minor foreigners, will learn about guardian.
(3) a request for the release of the device is an alien to submit as soon as possible
After the expiry of 30 days from the entry into force of the decision on ensuring
the decision on the extension of the period to ensure the alien or the decision on the
not releasing from the device, did not file a complaint against this decision,
or as soon as possible after the expiry of 30 days from the legal power of the last decision on the
his lawsuit against a decision regarding the securing of a foreigner, the decision on the
extension of the period to ensure foreigners or against a decision on not releasing the
from the device.
(4) the police is entitled to foreigners to hear if this is necessary for the
determine the actual state of affairs. The alien is obliged to testify. Police
the alien before hearing about the consequences of a refusal notice
false or incomplete statements.
(5) on the hearing of a witness police foreigners nor his representative in advance
nevyrozumívá. The alien or his representative is not entitled to be present
questioning a witness. The police is authorised to waive the implementation of interrogation
the alien or the hearing of a witness and subpoena is in a different time, if they were in
to determine the actual state of Affairs summoned on the same time and
one of them is to submit testimony does not appear. The police will acquaint foreigners with
the content of the Protocol on the questioning of a witness after the interrogation was carried out
the alien; pending implementation of the questioning is the Protocol on questioning
a witness excluded from inspection of the file.
(6) the police will allow foreigners to request comment on the background for
the release of the decision.
(7) appeals, reinstatement or review procedures are not permitted.
TITLE XII
DEVICE
section 130
(1) a decision regarding the securing of a foreigner is usually exercised in the device.
(2) operates the Ministry through the established by him
organizational folders State (hereinafter referred to as "the operator").
(3) the device is divided into a part with a moderate regime to ensure (hereinafter "part
with a moderate regime ") and part with a strict regime (hereinafter referred to as" the part with the
strict mode "). The part with the mild regime can be further subdivided into
the next section, which is without the consent of the operator and the unaccompanied
the operator or the police entry of foreigners is prohibited.
(4) the police shall, without delay after the entry into force of the decision to ensure
transport secured foreigners to the device specified by the operator.
§ 131
the title launched
The operator acquaint the secured foreigners when placed in the device,
or immediately after it, with the rights and obligations that apply to
the alien's stay in the facility, and with the internal regulations of the establishment. Introduction
performs in the mother tongue or in a language of the alien, which is an alien
able to communicate. Introduction on carry out in the case of changes in the rights and
obligations, which relate to the alien's stay in the facility, or
the internal regulations of the equipment. Information about the rights and obligations of the secured
the alien and the internal order of the facilities are located so as to be accessible to the
all secured foreigners.
§ 132
the title launched
(1) Section with a moderate regime consists of accommodation room, common social and
cultural facilities and more space in which they can ensure the aliens
move freely, as determined by the internal regulations of the establishment.
(2) section with the strict regime is separated from the section with a moderate mode and
It consists of accommodation room and space for walking.
section 132a
The operator is entitled to in accordance with the purpose of the device and in the interest of
ensure the safety of secured foreigners and other persons staying
on the device to install means of audiovisual technology in the areas of
This device, with the exception of accommodation rooms, sanitary facilities
and the space in which are personal tours of the aliens.
section 133
the title launched
(1) an accommodation room in the section with a moderate regime is equipped with beds,
lockers for storage of personal items, table and chairs in a number of
corresponding to the number of foreigners staying.
(2) Accommodation in the room with the strict regime is equipped with beds,
table, chairs in the number corresponding to the number of foreigners staying,
sanitary facilities separate from the rest of the area opaque
Curtain and signaling (přivolávacím) device. This room is
lockable from the outside only.
§ 134
the title launched
(1) the operator of zajištěnému aliens, under the conditions laid down in this
by law
and provide a bed, Chair), locker to store personal belongings, food and
the basic hygienic means,
(b)) to send and receive written communication without limits,
(c)) to receive visits,
(d)) under options ensure that books, newspapers and magazines, including the
foreign, if they are distributed in the Czech Republic,
(e)) to submit an application or another initiative of the public authorities of the Czech Republic
or international organisations for the purposes of the application of its rights and these
sends immediately,
(f)) at its request, shall provide, without undue delay to the conversation with the head of
the device or its agent or with the police in the device,
(g)) allows a continuous eight-hour sleep at night-time rest,
h) allow free movement within the section with a moderate mode and contact with other
aliens placed in this section.
(2) an operator shall ensure that a medical examination of secured foreigners, more
the necessary diagnostic and laboratory examinations and vaccinations and preventive
the measures laid down by the authority to protect public health.
(3) the operator of an zajištěnému that is located in the part of foreigners, with strict
the scheme will allow within the specified space walk of at least 1
hours a day, to which the police escort. The police can walk from
a serious reason to limit or cancel. A limitation or cancellation of tours
without undue delay, prepare a record.
(4) the operator may provide psychological and foreigners zajištěnému
social services and other services, and things necessary to ensure that the stay
the alien device.
§ 135
the title launched
(1) the police placed the secured foreigners on a proposal from the operator or the
the basis of their own knowledge into parts with strict mode if the
and) is aggressive or requires increased supervision of another serious reason,
b) repeatedly commits serious breaches of internal regulations of the equipment, or
(c)) repeatedly commits serious breaches an obligation or prohibition under this
the law.
(2) Secured foreigners under the age of 18 years can be to part with strict mode
place only due in accordance with paragraph 1 (b). and) or (c)).
(3) the police draw up the location of secured foreigners into parts with strict
the regime without delay and shall record the details of the reasons for this
location and guidance on the options against the location of the parts with strict mode
to file a complaint to the Ministry (article 148, paragraph 2). The police seized
foreigners get acquainted with the record. A signed record secured a stranger,
a policeman and an interpreter, if appointed, the police saved to file
secured foreigners. If the alien refuses to sign the record, the police in the
record notes.
(4) If a secured foreigner placed in part with the strict regime for
longer than 48 hours, the police will issue a decision on this location. The appeal,
recovery management or review procedures are not permitted.
(5) to the part with the strict regime of foreigners can be placed for the time necessary,
maximum of 30 days. The police in the course of the location of secured foreigners
in the section with the strict regime examines the duration of the reason for this location.
Committed to a foreigner at the time referred to in the first sentence of the negotiations referred to in paragraph 1
or if the reason for the increased surveillance, police for the location in the
strict regime of decision shall be extended by 30 days, otherwise the alien
immediately place into the part with a moderate regime. The appeal, recovery management
or review procedures are not permitted.
§ 136
the title launched
(1) secured by a foreigner is obliged to
and comply with the rules of procedure of the device),
(b) save the assets, equipment)
(c)) follow the guidance issued by the police or to the operator when carrying out the tasks
in the context of ensuring
(d)) to avoid action that would frustrate the purpose of ensuring,
e) suffer the restrictions their rights, in particular the right to privacy and the freedom of
movement and residence, to the extent necessary for achieving the purpose of securing or
for the protection of public health,
(f) to respect the peace of the night).
(2) Secured the alien is obliged to tolerate the precautionary landing,
periodic and final, and if necessary, emergency medical
tour in the range specified by the physician, including the necessary diagnostic and
laboratory examinations and vaccination and preventive measures laid down
authority to protect public health. Medical examination of the secured
the alien is carried out without the presence of the police or of the operator,
If the doctor decides otherwise. If you cannot act for the resistance of secured foreigners
is the police empowered to overcome this resistance. While not
defensive zajištěnému the aliens caused the injury clearly disproportionate
the seriousness of the infringement.
(3) secured by a stranger for the location of the device shall not
and, to produce, to bring any) keep or consume alcohol and other addictive
the substance,
(b)), to carry produce or keep things seriously endanger the health of eligible
or human life or cause damage to property,
(c)) to carry or keep things that should its quantity or nature of the
may disturb the order or endanger the health, or electronic communications
the device,
(d)) to leave the device without the consent of the police.
§ 137
the title launched
(1) the police is entitled to when the location of the secured foreigners into the device
do his personal tour and a tour of his things in order to determine
whether or not a travel document, identity document, or the document
confirming his identity or citizenship, the funds
or the thing, whose introduction to the device, manufacturing or possession in
This device is disabled.
(2) the police is authorized to carry out personal inspection and inspection of things
secured foreigners also at the request of the operator, or in the case of
a reasonable suspicion that the alien may be a travel document,
identity document or a document certifying his identity or State
citizenship or the thing, whose introduction to the device, manufacturing or
storage device is disabled.
(3) personal tour done by a person of the same sex. On the implementation of
tours of the police draw up the record.
(4) the police travel document, identity document, the document confirming the
his identity or citizenship, cash and things,
the introduction to the device, manufacturing or storage device is
prohibited, found during the search, examination or other
in a way, they detain.
(5) the police withheld things passes, with the exception of the travel document, the document
identity document confirming his identity, or State
citizenship, weapons under special legislation ^ 18) and things ^ 19),
the holding is in conflict with the legal order of the Czech Republic, together with the
a list of these things to the custody of the operator.
§ 138
the title launched
(1) the operator shall issue the internal order of the device, which provides
and the rules provided by the health services) and provided,
psychological and social care,
(b) the timetable for the provision of food),
(c)) the rules and offer cultural and sports activities,
(d) the issue of basic rules of hygiene) needs, footwear, apparel, and
linen,
e) mode of visits
(f)) space allotted for walks and outings for the strict schedule
ensure the mode,
g) spaces is the entry of foreigners without police or
device disabled worker,
(h)) the way the realization of compulsory schooling
I) when it is in the section with a moderate regime to ensure accessible space
allow for hiking,
j) space reserved for smoking,
to the schedule to ensure the) purchase things of daily use, books, newspapers and
magazines,
l) other necessary organizational and technical details.
(2) in the internal order of the device in which resident parents with children and
unaccompanied minors and foreigners, the operator shall also determine the menu
cultural, sports and other activities specifically for the different age
category.
(3) the internal regulations of the equipment is issued in the Czech, Danish,
French, German, Russian, Spanish, Chinese, Arabic,
Vietnamese, hindském, or in another language, if it is for
information secured by foreigners is necessary.
section 139
the title launched
The breakdown of the family in the context of the device is possible if the location of a
Member of the families in the area with strict mode.
§ 140
the title launched
(1) the operator is entitled to stay in the section with a moderate regime of foreigners,
to which the secured obligation or the alien has
care, if you cannot provide care for him in another way (hereinafter "tenant
the stranger "). Over the foreigners provide food and other services as
zajištěnému aliens. If the resident alien able to realize
restrictions associated with the stay in the facility, account shall be taken of the expression of his will.
(2) resident alien may leave the device, to ensure the care of the other
in a way. In the case of a minor or a person with limited svéprávností, may
leave the device only after the written consent of the legal representative.
(3) On resident alien with § 131, § 134, paragraph. 1, 2 and 4, § 136 paragraph.
1 (a). and (c))) and (f)), § 136 paragraph. 2, § 136 paragraph. 3 (b). and (c))) §
143, section 144, paragraph. 1 to 3 and section 145 shall apply mutatis mutandis.
§ 141
the title launched
(1) in determining the accommodation operator according to device options
take into account the religious, ethnic or national specificities,
příbuzenským and family relations, age or State of health.
(2) Separately are placed
and unaccompanied minors) aliens from aliens adult,
(b)) men from women; an exception may be made in the case of persons nearby ^ 14).
(3) an alien under the age of 18 years or a foreigner with limited svéprávností is
placed close together with the person or with the person, which was entrusted to the care of.
section 142
the title launched
(1) the operator of the device is placed in a foreigners, subject to
compulsory education in accordance with a special law ^ 19a), shall allow the
the fulfilment of this obligation.
(2) an alien may leave the equipment in order to fulfil the compulsory school
attendance, if not provided in the device, and to other activities
supporting the development of his personality. In justified cases, transport
ensures the operator.
(3) the operator shall be borne by foreigners located in the device that holds the
compulsory education, textbooks and school supplies, if they are not
paid for by the State and not being able to get these to pay otherwise.
§ 143
the title launched
(1) the Zajištěnému foreigners provides a diet that fits
proper nutrition and health status of foreigners, three times a day, in the case of
children under 18 years of age five times a day.
(2) when choosing the diet shall take into account the requirements of the
cultural and religious traditions of secured foreigners.
§ 144
the title launched
(1) the alien has the right to a guaranteed acceptance of visits to twice a week in the
the duration of one hour and the number of not more than 4 persons at present. In
justified cases, the head of the facility or his representative, after
the agreement with the police, to allow more frequent acceptance of visits or longer
its duration; allow the capacity of rooms intended for
receive visits, may be increased and the number of persons.
(2) Visits take place in rooms provided for that purpose. The operator is
shall be entitled to suspend or terminate the visit if a secured foreigner or
the visitor seriously disturb the peace or order in the device or
If you endanger the life or health of persons in the facility.
(3) secured by a foreigner has the right to receive visits in the establishment of a lawyer
or the representative of a legal person, which proves that the subject of her
the activity is to provide legal assistance to foreigners. For legal
the person is the designated employee, or a member who has
University education, which is under special laws
the provisions required for the exercise of advocacy.
(4) a visit to secured foreigners placed in strict mode is
the presence of the police.
§ 145
the title launched
(1) a secured foreigner can once a week to accept the package with
food, books, and personal needs to the weight of 5 kg. Restrictions
does not apply to packages with clothes to be sent for the purpose of Exchange.
Packages zajištěnému aliens takes over the operator.
(2) the police at the request of the operator checks the packages. Police cuts
and shall withhold things, whose introduction to the device, manufacturing or possession
the device is disabled. Withheld things, with the exception of things ^ 19), which
the holding is in conflict with the legal order of the Czech Republic, along with their
listing shall transmit without delay to the operator, which sends back
to the sender at his expense, if the leading facility decides to
the custody and issue of the zajištěnému foreigners in the release of the equipment.
(3) secured by a foreigner may receive money without restrictions, which have been
the device sent or transmitted in any other way; cash is
obliged to save into the custody of the operator. If an alien does not pass the cash
the resources of the operator, Police detain foreigners the money
and forwards them to the custody of the operator with their inventory. The operator on
the request of foreigners may take into custody for more things, especially valuables and
documents. The operator takes an inventory of funds and goods, and
shall ensure their safe storage.
(4) an alien who has the operator kept the funds, the
can draw on the purchase of goods of daily use, books, newspapers or magazines, and
it once a week amount to Czk 300. The purchase of the operator shall ensure that the
the basis of a written order of the alien in the intervals laid down in the internal
the order of the devices. The takeover of the goods and their statement confirms his alien
the signature; the operator applied the amount recorded in the inventory
cover of the funds.
section 146
the title launched
(1) the operator shall be entitled to use the hidden cash
secured foreigners are in Czech or any other freely convertible currency, to
payment, even partial, of the expenses associated with his administrative expulsion.
When you use the bits of cash proceeds, the operator
so that foreigners in its release of the device was from his
cover of funds released at least CZK 400.0, if the alien
keep your cash in a lower amount, shall issue to him a whole juice
amount; This does not apply if the alien is immediately after the release of the
the device passed to the refugee or is brought by the police to
the border crossing in order to exit from the territory.
(2) the operator shall issue a document of zajištěnému foreigners cash
the means used pursuant to paragraph 1.
§ 147
the title launched
(1) the operator of a facility issues a release of zajištěnému aliens
money and other things that have been detained or taken into custody, with
the exception, the possession of which is in conflict with the legal order of the Czech
Republic, and money, which were in the course of the stay of aliens in the device
paid in cash or have been applied under section 146. Financial
resources in a non-convertible currency zajištěnému foreigners acting in
full.
(2) the police when the release of the detainee facility issues foreigners travel
document, the identity document and the document confirming his identity or
State citizenship; If a foreigner after the release of the device must
the border crossing due to administrative expulsion or transfer by
the international treaty, the police shall issue him a travel document, identity document
and the document confirming his identity, or to citizenship
the border crossing. There is a danger that the foreigner's travel document,
identity document or a document certifying his identity or State
citizenship of the destroyed or get rid of him, that it made it impossible for administrative expulsion
According to the international treaty or surrender, the police shall transmit to the travel document,
identity document and the document confirming his identity or State
citizenship or authority of the State on whose territory the foreigners referred to in
the international treaty passes or returns.
§ 148
the title launched
(1) supervision over compliance with the provisions of this title with respect to foreigners
secured in the equipment carried out by the Ministry. Inspection in accordance with
specific legislation is not affected.
(2) a complaint for violation of the provisions of this title shall the stranger
the Ministry. The Ministry shall handle the complaint within 30 days from the date of its
delivery. About the way of processing the complaint, the complainant must be notified.
Against the way the settlement of the complaint may be submitted to the Minister of the Interior on the proposal
his review.
section 149
the title launched
On the control of the performance of the collateral by any other than the Ministry of
You must inform the operator and police equipment.
section 150
the title launched
(1) the operator in order to ensure the internal operation of the equipment, management
system of its accounting records and ensure rights and law-protected
the interests of foreigners residing in the facility and the aliens in this device
staying operational information system leads ^ 43), which is the administrator. In
operational information system are kept personal information identifying the
foreigners, including sensitive data, if the processing is necessary to
for the fulfilment of the obligations of the operator to protect the health of the alien and his
fundamental rights, and on the data whose processing is necessary for the
carrying out the tasks related to the obligations of the operator and the
the permission, which is against foreigners under this Act, and to ensuring the
the internal operation of the equipment, its organization and financing. Operating
the information system does not use the links in the information systems of the public administration
nor on the information system of the foreigners.
(2) the information recorded in accordance with paragraph 1 shall be destroyed immediately after the
their collateral or accommodation of the alien in the establishment, with the exception of the data,
which are accounting records in accordance with the Act on accounting, the data on the name,
where appropriate, the name, surname and date of birth required for foreigners
identify the accounting records, the information about the start and end of the period of stay
foreigners in the device, data on financial resources of compound a stranger
for safekeeping in the equipment and the purpose and the scope of their use. The data, which
nezlikvidují without delay after termination of the stay of foreigners in the device,
kept for a period of 5 years starting from the end of the accounting period to which
relate, where applicable, resulting from the date of their collateral or
accommodation of the alien in the establishment; After this time is destroyed.
§ 151
cancelled
TITLE XIII
TRANSIT OF FOREIGNERS AND SIDE PERSON
Transit of foreigners
§ 152
(1) the transit operations through the territory of aliens for the purposes of this Act, means the input
and stay in the territory and the alien from the territory by the police
independently of the will of foreigners; If it is a transit made by air
along the way, with a stopover in the territory ^ 20) (hereinafter referred to as "transit by air
the way "), means such transit operations entry and residence of foreigners in transit
space on the territory of the international airport and the departure of the
the transit area of an international airport to be carried out independently by the police
on the will of foreigners.
(2) the police carried out the transit of foreigners through the territory on the basis of the international
the Treaty or on the basis of request of the competent authority of the Member State
The European Union or of another State which enforces a common procedure ^ 20),
in the case of transit by air.
(3) the police can deny the implementation of transit, if given a reason, according to
the international treaty, or in the case of transit by air, if
and the alien in the territory) is accused of a crime or is wanted for the reason
enforcement of the sentence,
(b)) the transit of other States or admission by the country of destination is not feasible,
(c) the transit of foreigners into the country) destination requires a change of airport on the territory,
(d)) requested assistance is not at a particular moment for practical reasons,
or
(e)), the alien could compromise the security of the State, seriously undermine the
public order, endanger public health or similar interest protected on the
the basis of the obligation arising from an international treaty.
(4) the police is entitled to ask for to ensure the transit through the territory of another
the State on the basis of international agreements. If handover requires foreigners
air travel to the country of destination, landing on the territory of another Member
State of the European Union or of another State, which applies a common
the procedure ^ 20), in the case of transit by air, is the police empowered to
ask the competent authority to provide transit stops on the
the territory of this State.
§ 153
(1) the police prováženému the aliens throughout the transit will reduce personal
liberty and freedom of movement. In the case of transit by air, the police
shall ensure the supervision of the stranger for a touchdown and, if necessary,
performed escort work in the context of the entry of the alien prováženého
in the transit area of an international airport and will limit personal freedom and
the freedom of movement of foreigners until the time of his entry into the aircraft when
departure. In the case of transit by air shall not provážený the alien
leave the transit area of an international airport; This does not apply, if it is
necessary for the reasons referred to in paragraph 5 or § 129, paragraph. 3.
(2) the police after the takeover of the prováženého foreigners takes into custody his
travel document.
(3) an alien is obliged to suffer the personal tour performed by the police
the aim is to determine whether or not a weapon or other thing that is
eligible to endanger the life or health of the alien or other persons; personal
tour of foreigners carried out by a person of the same sex.
(4) Prováženému aliens provides the police diet usually every 6
hours from his freedom.
(5) if the provážený the stranger gets sick, hurt or on health
attempts to commit suicide, the police shall take the necessary measures to
protect his life and health, in particular to provide first aid, ensure that
the provision of health services, including physician representation, whether health
status of foreigners allows you to complete the transit operation prováženého.
(6) payment of health services provided by the prováženému aliens
the Ministry provides.
Unwanted person
§ 154
(1) Adverse person is an alien, which cannot allow entry to
the territory on the grounds that this would be a stranger when you stay in the territory could compromise the
the security of the State, seriously disrupt public order, undermine
public health or the protection of the rights and freedoms of others or a similar interest in
protected on the basis of an obligation arising from an international treaty.
(2) the police shall decide on the designation of foreigners for undesirable person on the basis of the
own knowledge, the request of the Central Administrative Office of the Czech
Republic, the request of the intelligence service of the Czech Republic or commitment
arising from international agreements.
(3) the police marked the alien for an undesirable person on the basis of the
and the final court decision on) the penalty of expulsion from the territory, ^ 10) or
(b)) final decision on administrative expulsion.
(4) Police addition marks for undesirable person in whose case the alien
and the costs associated with administration) removal shall be borne by the police or the
the Ministry (article 123, paragraph 6)
(b)) the costs associated with voluntary return shall be borne by the Ministry and the stranger
did not pay shipping costs in half (section 123a (2)), or
(c)) the costs associated with travelling abroad shall be borne by the Ministry and
the stranger did not pay shipping costs (section 124b).
(5) the person who is requesting the inclusion of foreigners in the register of undesirable persons referred to in
paragraph 1, must maintain a proportionality between the reason for this
the classification and the consequences of this classification. The police is authorised to require the
who submits the request referred to in paragraph 1, demonstrating the adequacy of the
According to the previous sentence, if this is not demonstrated in the adequacy of the
request. In demonstrating the adequacy of the particular judge
the impact of this decision, to private and family life.
(6) the alien as undesirable person is registered in the register
undesirable persons. Is a reasonable risk that the alien is marked for
undesirable person can seriously disrupt public order or
endanger the safety of the Contracting States, the police shall be included in the information
of the Contracting States, the data in the range specified by the directly applicable
legal regulation of the European communities ^ 20a); This does not apply in the case of
the citizen of the European Union ^ 1b) or a citizen of a Contracting State.
(7) the police aliens its inclusion in the register of undesirable persons
does not share.
§ 155
(1) the police shall examine the reasons which led to the inclusion of foreigners in
the register of undesirable persons referred to in section 154, paragraph. 2, once a year or
always, if the knowledge of these reasons to call, and on the basis of this
review of stranger in the register shall be kept by or from this register shall immediately
discards. If it is not itself objectively to examine those reasons, requests
their review of who filed a request for the indication of the alien for
an undesirable person.
(2) alien registration Police from undesirable persons, if
the final decision of a court or administrative authority (article 154, paragraph 3)
done, after the remission of sentence of expulsion or amnestování
the President of the Republic or after the revocation of the decision of the administrative
the expulsion of a judicial or administrative authority. Foreigners included in the register
undesirable persons from that referred to in section 154, paragraph. 4 (b). and the police)
the register of undesirable persons excludes the additional costs after payment
with the administrative expulsion, the police or Ministry, but not later than after 6
years from the end of the period laid down to ensure or to
exit. Foreigners included in the register of undesirable persons due to
referred to in section 154, paragraph. 4 (b). (b)), or (c) the police from the register)
undesirable persons excludes after additional payment of transport costs
the Ministry, however, at the latest after 6 years from its inclusion in the register
undesirable persons.
(3) when you dispose of unwanted foreigners from the register of persons excludes police from
the information system of the States parties the information that there were inserted
under section 154, paragraph. 6.
TITLE XIV
ADMINISTRATIVE OFFENCES
§ 156
Misdemeanors
(1) the alien has committed an offence by
and enter the territory) in contravention of section 3 (3). 1,
(b)) in contravention of section 4, paragraph 4. 1 avoiding border checks carried out on the
territory or without delay does not exceed the State border after their border
checks carried out outside the territory
(c)) in contravention of section 9 (2). 5 or § 180h paragraph. 2 where back to the
abroad,
(d) fails to comply with an obligation under section) 117d paragraph. 2,
(e)) as a family member of a citizen of the European Union, which itself is not a citizen
The European Union, fails to comply with the obligation under § 87b paragraph. 1,
(f) fails to comply with an obligation under section) 93, paragraph. 1 or 2,
(g)) as the legal representative of the alien who was born in the territory to fulfil the obligation to
pursuant to section 88, paragraph. 2 or 3,
(h) fails to comply with an obligation under section) 103 (a). (h)), j), m) or (n)),
(I) fails to comply with an obligation under section) 103 (a). (b)), d), (e)), r) or conflict with the
section 103 (a). (c)) shall in any proceedings under this Act, false or
incomplete data,
(j)) at a residence or a border inspection at the exit is shown
travel document that is invalid for the reason referred to in section 116 (a). and (b)))
(c)), or (d)),
k) contrary to § 136 paragraph. 3 (b). d) leaves without the consent of the police
equipment or medical devices to which bed care was of
health grounds located in the course of ensuring,
l) intentionally destroys or damages a document issued under this Act,
m) at the border or residential inspection proves to be the subject of a documentary
nature as a travel document, although such a document is not,
n) shall carry out or have carried out unduly's changes in documents
qualifying to enter the territory or in the documents issued pursuant to this
the law,
o) shall submit a travel document issued by other foreigners or travel document
issued under a special legal regulation, ^ 21) as proof of your own,
p) submit amended documents or documents issued by the other person
required under this Act, or
r) fails to comply with an obligation under section 74, paragraph. 2 or § 117d paragraph. 6.
(2) a natural person as a landlord commits an offence by
and fails to comply with any of the obligations) under section 100,
(b)), or holds a book in the House contrary to § 101, or
(c) fails to comply with an obligation under section) 102, paragraph. 4.
(3) a natural person has committed the offence by
and the obligation under section fails) 107, paragraph. 1,
(b)) as the person who provides accommodation for foreigners, does not comply with the obligation to
pursuant to section 107, paragraph. 2, or
(c)) as a person who is committed under section 15, to fulfil the obligation under section
paragraph 107. 4.
(4) A misdemeanor may be imposed a fine in
and 50 000 CZK), if the offence referred to in paragraph 2,
(b)) $ 10,000, if the offence referred to in paragraph 1 (b). and (b)),),), n);
about) or r)
c) 5 000 CZK in the case of an offense referred to in paragraph 1 (b). (h)), j), (l)),
or p) or in accordance with paragraph 3,
d) 3 000 Czk in the case of the offence referred to in paragraph 1 (b). (c) to (g))))
or m).
(5) in the block management can impose a fine of up to 3 000 Czk.
§ 156a
cancelled
§ 157
Administrative delicts of legal entities and natural persons-entrepreneurs
(1) an air carrier has committed misconduct by
and transport foreigners violate the ban) on the territory according to § 104 paragraph. 1, or
(b)) nedopraví alien abroad in the case referred to in § 104 paragraph. 4.
(2) the operator of a water transport or operator on a regular
bus lines has committed misconduct that violates the ban
transport the alien to the territory pursuant to § 104 paragraph. 2.
(3) the carrier referred to in the applicable legislation of the European
Community ^ 15a), which lays down the rules governing measures
on border protection in relation to persons crossing the borders of the Member
States of the European Union, has committed misconduct, contrary to section
paragraph 104. 3 does not provide transport abroad, which he was the stranger
denied entry to the territory.
(4) the Legal or natural person conducting business as a landlord commits
the administrative tort by
and fails to comply with any of the obligations) under section 100,
(b)), or holds a book in the House contrary to § 101, or
(c) fails to comply with an obligation under section) 102, paragraph. 4.
(5) a high school or College is guilty of misconduct
that fail to comply with the obligation under section 107, paragraph. 5.
(6) the research organisation which has concluded an agreement with a stranger about hosting,
commits misconduct that does not comply with the obligation under § 107
paragraph. 6.
(7) for the administrative offence is imposed
and from 100 000 Usd) to 500 000 CZK for every alien, with respect to the administrative
the offence referred to in paragraph 1 or 2 and the alien has entered the territory of the State,
that is not a Contracting State, or in the case of an administrative offence under the
paragraph 3,
(b)) to 50 000 CZK in the case of an administrative offence under paragraph 4, 5 or 6.
(8) the administrative offence under paragraph 4 can be discussed in block management
the imposition of a fine up to 5, 000 Czk.
(9) To block the proceedings shall apply, mutatis mutandis, the provisions of the special legal
the rules relating to the management of the block for the offense.
the title launched
section 157a
Common provisions in administrative deliktům
(1) a legal person under the administrative tort does not match, if he proves that
made every effort, that it was possible to require that the infringement of the
a legal obligation.
(2) in determining the acreage of the fine legal person shall take into account the seriousness of the
the administrative tort, in particular to the way a criminal offence and its consequences, and
the circumstances under which it was committed.
(3) liability of legal persons for the administrative offence shall cease, if the
the administrative authority about him has commenced proceedings to 1 year, when being aware of it,
not later than 3 years from the day when it was committed.
(4) The responsibility for acts that occurred during the physical business
person ^ 21a) or in direct connection with the applicable provisions of the
the law on liability of legal persons and sanctions.
(5) administrative offences under this law in the first instance proceedings
discuss police authorities specified in § 161, paragraph. 1 or the Ministry.
If the administrative tort committed an infringement of obligations whose observance
subject to the supervision of the police, the police authority will discuss it, if the administrative
the tort was committed an infringement of obligations whose observance is subject to the supervision of the
the Ministry, the Ministry will discuss it. If it is to discuss administrative
tort of the relevant administrative organs, the more he will discuss it one of them,
that first initiates the administrative procedure or it finds a breach of duty.
§ 157b
cancelled
TITLE XV
INFORMATION SYSTEMS
section 158
(1) in the performance of the police under this Act operates
information system of aliens, which is an administrator, and that includes the name,
where appropriate, the name, the surname, including the earlier names and surname, day,
month and year of birth, gender and nationality of the alien to his native
number, or other identifying information communicated this stranger, image
record, such as a photograph, fingerprint and his fingerprints.
In addition, the information system of the foreigners on foreigners lead
and to the extent)
1. visa application (section 54), a long-term residence permit (§ 42
paragraph. 5), permanent residence permit (section 70 (1)),
2. the request for the issue of a certificate of interim stay on territory, residential
the card of a family member of a citizen of the European Union, of a certificate of authorization to
permanent residence of the citizen of the European Union or of the Permanent
stay (0.87)
3. the request for the release of the foreigner passport, identity card and travel
a travel document under section 108, paragraph. 1 (a). (f)) (§ 111 (1)),
4. výjezdního command (section 50, paragraph 6), the border concerned (section 14), the
the form of the invitation (article 180, paragraph 2) and the login form (article 97),
(b))
1. the date, month and year of issue of the visa or document under this Act,
the number, type and time of validity,
2. the date, month and year of the verification of the invitation or its refusal,
3. the date, month and year, acquired the authority of a decision refusing
application for issue of the document referred to in this Act, and of the reason for the refusal,
4. the date, month and year of the issue of the výjezdního command, its number and time
its period of validity,
5. cancellation, lapse or expiry of a visa or document issued by the
under this Act, including its type and number and reason
cancellation, lapse or termination of,
6. the hour, day, month, year and place of crossing of State borders and the
refusal of entry or exit,
7. because of the inclusion in the register of undesirable persons, indicating the time
the validity of restrictions on entry to the territory,
8. because of the admission of the territory pursuant to section 122, paragraph. 1 or 2,
9. the inclusion in the information system of the States of other Contracting
the State, with an indication of the duration of restrictions on entry into the territory of the Contracting
States and the authority of another State which foreigners into the system have included,
10. the date, month and year when the decision on the administrative or
judicial expulsion, and when that decision acquired the authority of, and the reason
for its release,
11. the date, month and year of the crossing national borders, transit through the
the territory and the transit authority, and the authority has requested that the implementation
the transit permit,
12. the date, month and year of the entry into force of the decision on administrative tort
under this Act, the designation of the administrative tort by legal
provisions, the factual circumstances of the case under the scope of the decision,
the method of processing and data relating to the collection and recovery of stored
the fine,
13. the type, number and term of validity of a lost or stolen document and
of the date of notification of loss or theft of a document,
14. the prohibition of stay ^ 46), place the prohibition of stay and time of its duration,
15. the employer, work and place of work of the holder
employee card or blue card,
(c))
1. identifying the authority to decide on the matter, which shall be
the information referred to in subparagraph (b)),
2. identifying the file driven to foreigners and based on things about which
the data shall be kept in accordance with point (b)),
3. related to the course of the proceedings in the matter on which the lead data according to
(a) (b)), and the enforcement of decisions under this Act,
(d))
1. limitation of mom,
2. marital status, date and place of marriage, the date of the acquisition of the legal
power of court decision on marriage annulment, the date of acquisition
the decision of the Court about the absence of a marriage, the date of demise
marriage, death of a spouse, or the date of the entry into force
the Court's decision on the Declaration of one of the spouses is dead and the date on which
He was in the final court decision on the Declaration for the dead mentioned as
day of death, where appropriate, as the day on which the spouse declared dead
survivors, or the date of the entry into force of a court decision for divorce
the marriage,
3. date and place of the formation of the partnership, the date of the entry into force of the decision
the Court of invalidity or the existence of a partnership, the date of demise
the death of one of the partners of the partnership, or the date of the entry into force
the Court's decision on the Declaration of one of the partners for the dead and the date,
that was in the final court decision on the Declaration for the dead mentioned
as the day of death, where appropriate, as the day on which a partner declared dead
survivors, or the date of the entry into force of a court decision on cancellation
the partnership,
4. the date, which was in the decision of the Court declaring the missing listed
as the day when the effects of the Declaration of the nezvěstnosti occurred, and the date of acquisition
the decision of the Court on the declarations for the missing,
5. date, place and County of death; in the case of deaths outside the territory of the State in
where the death occurred, or the date of death,
6. the date, which was in the decision of the Court on the declarations for the dead mentioned
as the day of death, where appropriate, as the day on which the stranger declared dead
survivors,
in the case of foreigners with permanent residence on the territory of enabled, enabled
temporary stay in the territory for a period longer than 90 days, a citizen of the European
the Union, which plans to temporarily reside on the territory for a period longer than 3
months, and about an alien who has been granted international protection or
temporary protection under a special legal regulation ^ 2)
(e))
1. the degree of adoption,
2. the original and the new name, or names, and surname of the adopted child,
3. the original and the new birth of the adopted child,
4. date and place of birth,
5. the social security numbers of adoptive parents; in the event that the adoptive parents could not
assigned a social security number, name, or the names, surnames and
the date of birth of the adopter,
6. the social security numbers of father and mother; If they were not allocated, information on the
their name, or names, surname and date of birth; These data
they do not, if the adopted child is born to a woman with permanent
residents in the territory, which gave birth to it and asked for confidentiality in writing their
the person in connection with the delivery,
7. date of entry into force of the decision on the adoption of a decision or
cancellation of adoption,
in the case of foreigners with permanent residence on the territory of enabled, enabled
temporary stay in the territory for a period longer than 90 days, a citizen of the European
the Union, which plans to temporarily reside on the territory for a period longer than 3
months, and about an alien who has been granted international protection or
temporary protection under a special legal regulation ^ 2)
(f)) name, or names, and surname
1. zletilého the alien, who is a dependent child of a foreigner,
2. minor aliens who were foreigners with permission to stay on
the territory or by decision of the competent authority entrusted with the husband to
substitute family care, or that he was a foreigner with the permission to stay on
territory or the husband or guardian or osvojen whose husband
his guardian is a foreigner,
3. the lone foreigner aged 65 years or whatever the age of the alien,
which of themselves can take care of himself for health reasons, with respect to
family reunification with a parent or child with permission to stay in the territory,
4. an alien who is the dependent direct relatives in the ascending or
descending line or such relatives of the husband of a citizen of the European Union,
5. the parents of a minor alien that has been granted international protection
or temporary protection under a special legal regulation ^ 2), and its
social security number; in the case of foreigners, which has not been assigned a social security number,
name, where applicable, the name, surname and date of birth,
(g)) entry that the alien is enrolled in the Appendix of the standing list of electors
for elections to the Councils of the municipalities, or an indication that the alien is enrolled
in the list of voters for the elections to the European Parliament, the
h) biometric data to be processed in a computerized card for authorisation to
stay,
I) a record of the data.
(2) the information system of foreigners referred to in paragraph 1 also contains data about the
aliens who have been granted international protection or temporary protection
under special legislation ^ 2), and in the extent of the information referred to in
paragraph 9; the following information provides to the information system of aliens
the Ministry.
(3) at the request of foreigners can be in the information system of foreigners referred to in paragraph
1 the indication of the address to which the documents are to be served on him by
This Act or special legislation. Address in accordance with sentences
First, the change or cancellation, the alien may report to the police or
the Ministry.
(4) in the exercise of the competence of the police under this Act also operates
information systems containing information on the
and the date and month) of the entry into force of the decision on administrative tort
under this Act, the offender is a legal or business
a natural person, the designation of the administrative tort by legal provisions,
the factual circumstances of the case referred to in the statement of decision and information
relating to the collection and enforcement of the penalties imposed,
(b) inviting the person to the extent) of the form of the invitation (article 180, paragraph 2), the name,
surname, day, month and year of birth and nationality called
foreigners, about the facts that were the reason for the denial of authorization
an invitation and a violation of the undertaking accepted in invitation, and details of the authority,
in the case acted,
(c) the number and type of document), who was the authority of the issuing State
declared invalid, including the grounds of invalidity.
(5) the police is authorized to carry out another information system, if it is
his pursuit of a necessary condition for carrying out a task under this Act.
In this information system can be contained only information obtained in
carrying out this task.
(6) data held in information systems referred to in paragraphs 4 and 5 may
be contained in the information system of foreigners referred to in paragraph 1, if the
they have a relationship to foreigners, which is recorded in the information system.
(7) the Data from the information system maintained pursuant to this Act can be
Association with the indication contained in another information system maintained by the
special legal regulation, if it is necessary for the performance of a task
imposed by the law.
(8) the Department is authorized within its competence laid down in this
insert into the information system of the law of aliens referred to in paragraph 1 and
paragraph 4 (b). (c)), the data obtained in the context of the implementation of the tasks of the Ministry and
data from information systems referred to in paragraphs 1, 4 and 5 use for their
activity.
(9) from the information system of foreigners referred to in paragraph 1 shall provide the following
information:
and, where applicable, names) the name, surname, maiden name,
(b) the date of birth),
(c)), gender,
(d)) instead, and the State where the alien was born; in the case that was born on the
territory, place and County of birth,
(e) a social security number),
(f)), if applicable, national citizenship, nationality,
(g)) the kind and address of the place of stay in the territory, where appropriate, the address to which
the documents are to be delivered by another law,
h) number and permission to stay,
and the beginning of the stay, if applicable), date of their stay on the territory,
j) restrictions, mom,
k) administrative or judicial expulsion and the period for which it is not allowed to foreigners
entry to the territory,
l) inclusion in the State integration programme, in the case of foreigners with
granted international protection,
m), marital status, date and place of marriage, the date of the acquisition of the legal
power of court decision on marriage annulment, the date of acquisition
the decision of the Court about the absence of a marriage, the date of demise
marriage, death of a spouse, or the date of the entry into force
the Court's decision on the Declaration of one of the spouses is dead and the day that
He was in the final court decision on the Declaration for the dead mentioned as
day of death, where appropriate, as the day on which the spouse declared dead
survivors, or the date of the entry into force of a court decision for divorce
the marriage,
n) date and place of the formation of the partnership, the date of the entry into force
the Court's decision on the invalidity or the existence of a partnership, the date
the demise of the death of one of the partners of the partnership, or the date of the acquisition of the legal
the decision of the Court about the statement of one of the partners for the dead and the day
that was in the final court decision on the Declaration for the dead mentioned
as the day of death, where appropriate, as the day on which a partner declared dead
survivors, or the date of the entry into force of a court decision on cancellation
the partnership,
about) the name, where applicable, names, surname, nationality, or national
the nationality of the spouse or partner and his social security number; If the spouse or
partner a foreigner who is not assigned a social security number, name, or
name, last name and date of birth,
p) name, or the name, surname, nationality, or national
the nationality of the child if it is a stranger, and his social security number; in the case of
that the child has not been assigned a social security number, name, or names,
last name and date of birth,
q) name, or the name, surname, nationality, or national
nationality of the father, mother, or other legal representative, if
are aliens, and their social security number; in the event that one of the parents or
another legal representative does not have an assigned number, name, birth, where appropriate,
name, last name and date of birth,
r) about the osvojenci, if it is a stranger:
1. the degree of adoption,
2. the original and the new name, or name, surname of the adopted child,
3. the original and the new social security number of the adopted child,
4. date and place of birth, citizenship, or State
jurisdiction,
5. the social security numbers of the adoptive parents; in the event that the adoptive parents was not assigned
social security number, name, or names, surname and date of birth
adopters,
6. social security numbers, father and mother; If they were not allocated, information on their
the name, or names, surname and date of birth; These data are
do not, if the adopted child is born to a woman with permanent residency
on the territory, which gave birth to it and asked for confidentiality in writing, your people in
connection with the delivery,
7. date of entry into force of the decision on the adoption of a decision or
cancellation of adoption,
with) day, which was in the decision of the Court declaring the missing listed
as the day when the effects of the Declaration of the nezvěstnosti occurred, and the date of acquisition
the decision of the Court on the declarations for the missing,
t) date, place and County of death; in the case of deaths outside the territory of the State in
where the death occurred, or the date of death,
u) day, who was in the Court decision on the Declaration for the dead mentioned
as the day of death, where appropriate, as the day on which the stranger declared dead
survivors,
in the name or names), surname
1. zletilého the alien, who is a dependent child of a foreigner,
2. minor aliens who were foreigners with permission to stay on
the territory or by decision of the competent authority entrusted with the husband to
substitute family care, or that he was a foreigner with the permission to stay on
territory or the husband or guardian or osvojen whose husband
his guardian is a foreigner,
3. the lone foreigner aged 65 years or whatever the age of the alien,
which of themselves can take care of himself for health reasons, with respect to
family reunification with a parent or child with permission to stay in the territory,
4. an alien who is the dependent direct relatives in the ascending or
descending line or such relatives of the husband of a citizen of the European Union,
5. the parents of a minor alien that has been granted international protection
or temporary protection under a special legal regulation ^ 2), and its
social security number; in the case of foreigners, which has not been assigned a social security number,
name, where applicable, the name, surname and date of birth,
w) that the alien is enrolled in the Appendix of the standing list of voters for the
elections to the Councils of the municipalities, or about the fact that the alien is enrolled in
the list of voters for the elections to the European Parliament, the
x) prohibition of residence, instead of ^ 46) the prohibition on residence and its duration,
y) about the employer, work and place of work of the holder
employee card or blue card,
If these data are kept about foreigners with permanent residency on the enabled
territory, with enabled temporary stay in the territory for a period of longer than 90
days, the citizens of the European Union who intend to reside in the territory temporarily
for a period longer than 3 months, and on aliens who have been granted
international protection or temporary protection by a specific legal
code ^ 2), and to the extent provided for in a special law, and
in a manner enabling remote access. Under the conditions laid down in this
the law will also provide a record of the data.
(10) in the information system of the foreigners, of the data referred to in paragraph 9 of the
process and also their changes, including data, which
These changes have occurred, are known to the police.
(11) for the provision of data from the information system of aliens is carried out
a record of the date and time of issue data and provided with
indicating the designation of the public authority to which it has been provided.
(12) from the information system for foreigners with foreign third parties or
the authorities of foreign States do not provide the information referred to in paragraph 9 of the aliens with
granted international protection.
(13) in cases where they were referred to in paragraph 9, on the basis of the Special
the law made for the purpose of ensuring the
and the security of the State)
(b)), defence
(c)) of the public order and internal security,
(d)) the prevention, investigation, detection and prosecution of criminal offences,
e) an important economic or financial interest of the Czech Republic, or
The European Union, including monetary, budgetary and taxation matters, or
(f) the protection of the data subject)
and the body to which these data have been provided, declares in writing that the
a record of the data cannot be for the duration of the facts referred to in points
and (f))), to make available, you can do so exclusively for the fulfilment of the tasks of the authority
acting in criminal proceedings, in the case of an offence related to the purpose of the
the provision of data or executing authority, supervision of the processing
personal data pursuant to other legislation. The police has this
the record for the provision of data access only to the extent strictly necessary for the
the purpose of the performance of the activities of the Manager under special legislation.
(14) the body to which the information to be provided in accordance with paragraph 13, is
obliged to notify the police of the data allowing identification of the body and
identification of physical persons requesting the provision of data on his behalf and
further report when it was completed the duration to ensure the purpose referred to in
paragraph 13, for which the data have been provided. The Declaration referred to in
paragraph 13 and the notification under the first sentence can be sent and
by electronic means.
(15) the Bodies, which are under special legislation
the personal data provided in accordance with paragraph 9,
and) are not entitled to their collection, transfer and use of outside
the scope provided for in a special law, and
(b)) are required to ensure the protection of the data against accidental or unlawful
access or processing.
(16) the police uses the data held in other information systems
public administration for the purposes of determining the accuracy of the information included in the
information system for foreigners.
(17) the police information system provides of foreigners referred to in paragraph 1
the Ministry for the purpose of management information system of the data boxes
the data in the range
and, where applicable, names) the name, surname, or their amendment, native
the last name,
(b) the date of birth),
(c)) instead of the State in whose territory he was born,
(d) the social security number), if allocated, and its amendments,
e) citizenship,
(f) the address of the place of stay) territory,
g) limitations, mom,
(h)) date of death,
I) day, who was in the Court decision on the Declaration for the dead mentioned
as the day of death.
(18), where appropriate, the names and last names of the alien in the paragraphs 1, 9
and, where appropriate, the name means the 17 names, and surname referred to in the Latin alphabet in the
travel document and, where appropriate, also the name, name, and a surname referred to in
the registry book.
section 158a
(1) the Ministry of Foreign Affairs, in the performance scope of this
the law operates the information system, which contains information about the name,
where appropriate, the name, surname, all previous names and surnames,
the day, month and year of birth, gender, and nationality,
record, such as a photograph, a stranger, his fingerprints, social security number,
or other identification information communicated this stranger, and other data
and to the extent) of visa applications (section 54), for the long-term
stay (section 42 (5)), on the issue of the certificate of residence on the territory
or residence card of a family member of a citizen of the European Union (0.87)
on the issue of identity card (§ 111 (1)), the application for
the issue of the emergency travel document of the European Union (section 115a)
(b)) about how to respond to a request made pursuant to this Act, and that the number
type, date of issue, period of validity of the visa or document and the designation of the authority,
which issued the visa or document; in the case of rejection of the request date, the reason
and the designation of the competent authority in the matter decided,
(c)) on the granting of výjezdního command, and the number of the travel document number
výjezdního command, date of issue, period of validity and the designation of the authority
that outreach has granted the command,
(d)) of the cancellation or termination of the validity of the visa or document issued by
This Bill, and that kind of number, visa or document, the reason and the designation
the authority that decided on the matter,
(e)) to specify file driven to foreigners and based in case by
letters and) to (d)) and other information related to the progress of the proceedings referred to in
letters and) to (d)).
(2) in the performance of the scope of the Ministry under this Act operates
information system for aliens applying for authorisation to
long stay in order to protect the territory. This information system
contains
and to the extent) data applications for long-term residence permit (§ 42 paragraph.
5),
(b)) the reason referred to in the certificate issued by the authority of law enforcement,
including data on this authority,
(c)), social security number or other identifying information was a stranger,
(d)), an indication of how the request, the number and type of document, date, month
and the year of issue and the period of validity of the document,
(e)) the day, month and year of the entry into force of the decision rejecting the application and
the reason for this refusal,
(f)) the day, month and year of the issue of the výjezdního command, his number, time
validity and the details of the authority that issued the command exit
(g)) the data identifying the file opened to foreigners and based in case
According to letters and) to (f)) and other data related to the course of the proceedings
According to the letter a) to (f)).
(3) in the performance of the scope of the Ministry under this Act further
operates the information system on foreigners requesting release of the alien
Passport pursuant to § 113 paragraph. 1 and 2. This information system provides data in
the range of applications for the issue of the Aliens ' passport, including biometric data.
(4) in the exercise of the competence of the Ministry under this Act for the
the purpose of the issuance of a licence of residence permits and the processing of the Protocol referred to in
section 117a, paragraph. 4 leads the operational information system for aliens applying for
the issue of permits for the long-term or permanent residence, the extension of the
the validity of the long-term residence permit, extension of validity of the card
on the residence permit issued to foreigners with permanent residency, enabled
the issue of the residence permit card replacement for the lost card,
destroyed, stolen, or damaged, or the substitute for the card to
stay, the data carrier with the biometric data is flawed, and that in the
extent of the stranger requests. The administrator of the operational information
system referred to in the first sentence is a Ministry. In the operational information
system are kept also the biometric data, which were taken for the
the purpose of the issue of a certificate for a residence permit, and digital processing
the signing of the foreigners.
(5) the data held in the information system referred to in paragraph 4, after the takeover
certificate of residence permit to an alien destroyed, with the exception of
biometric data, which are transmitted to the Ministry of information
of the foreigners.
(6) If an alien does not assume the card of residence permit information
led by foreigners in the production of this information system referred to in paragraph
4, including biometric data, are destroyed after a period of 60 days
from the date of delivery of the card produced for a residence permit to the Ministry.
(7) the Ministry of Foreign Affairs and the Ministry are authorized to be in the
extent necessary for the performance of duties under this Act, use the data
held pursuant to paragraph 1.
(8) the Ministry of labour and Social Affairs Ministry and provides
Ministry of Foreign Affairs for the purpose of carrying out their duties
associated with the issuance, interference and the demise of the employee cards or
blue card information from the central registration of vacancies
obsaditelných the holder of a blue card employee card and the way
enabling remote access to the extent
and the employer's identification data), for which it is registered free
a job holder or employee card programmable blue
the card; identification data are provided for
1. a natural person's name, or name, last name or hometown
last name, citizenship, social security number, or date and place of birth,
If it has not been assigned a social security number, place of residence of the person,
2. a legal person, company or business name, registered office, registration
the number of persons,
3. a natural person who is an entrepreneur, business name or name,
where appropriate, the name, last name, social security number, place of business, identification
number, if assigned,
4. foreign persons the information referred to under paragraph 2 or 3, and the location of the
organizational folder in the Czech Republic,
(b)) the kind of work and place of work,
(c)) the prerequisites and requirements for the carrying out of the work place,
(d) information about work and) labour conditions
e) for information about whether a vacancy programmable holder
employee card or blue card is reserved or suitable for person
with disabilities,
(f)) for information about whether it is employment for an indefinite period or for a specific
and its estimated duration.
(9) from information provided according to paragraph 8 may in a particular case
use only such data as are necessary to meet the
task by the Ministry or the Ministry of Foreign Affairs.
§ 158b
(1) the registry office to announce the police for the purpose of operating the information
the system of data on civil status of foreigners and the civil status events
the facts of foreigners, which writes to the registry books.
(2) the registry office provides in paragraph 1 of the aliens in the data
the range of
and, where applicable, names) the name, surname, maiden name,
(b) the date of birth),
(c)), gender,
(d)) and, where appropriate, place of the district, State of birth,
(e) a social security number),
(f)) or more citizenship nationality,
g) marital status, date and place of marriage, the date of the acquisition of the legal
power of court decision on marriage annulment, the date of acquisition
the decision of the Court about the absence of a marriage, the date of demise
marriage, death of a spouse, or the date of the entry into force
the Court's decision on the Declaration of one of the spouses is dead and the day that
He was in the final court decision on the Declaration for the dead mentioned as
day of death, where appropriate, as the day on which the spouse declared dead
survivors, or the date of the entry into force of a court decision for divorce
the marriage,
h) date and place of the formation of the partnership, the date of the entry into force
the Court's decision on the invalidity or the existence of a partnership, the date
the demise of the death of one of the partners of the partnership, or the date of the acquisition of the legal
the decision of the Court about the statement of one of the partners for the dead and the day
that was in the final court decision on the Declaration for the dead mentioned
as the day of death, where appropriate, as the day on which a partner declared dead
survivors, or the date of the entry into force of a court decision on cancellation
the partnership,
(I) the name, if applicable) name, surname, nationality, or more
the State of citizenship of the spouse or partner and his social security number; If
the spouse or partner of an alien who has not assigned a social security number, name,
where appropriate, the name, surname and date of birth,
(j) the name, if applicable) name, surname, nationality, or more
nationality of the child if it is a stranger, and his social security number; in
If the child has not been assigned a social security number, name, or
name, last name and date of birth,
the name or names), surname, nationality, or more
State the citizenship of the father, mother, or other legal representative,
If there are aliens, and their social security number; in the event that one of the parents
or another legal representative does not have an assigned number, name, birth, where appropriate,
name, last name and date of birth,
l) about the osvojenci, if it is a stranger
1. the degree of adoption,
2. the original and the new name, or name, surname of the adopted child,
3. the original and the new social security number of the adopted child,
4. date and place of birth, citizenship, or more State
citizenship,
5. the social security numbers of the adoptive parents; in the event that the adoptive parents was not assigned
social security number, name, or names, surname and date of birth
adopters,
6. social security numbers, father and mother; If they were not allocated, information on their
the name, or names, surname and date of birth; These data are
are, if the adopted child is born to a woman with permanent
residents in the territory, which gave birth to it and asked for confidentiality in writing their
the person in connection with the delivery,
7. date of entry into force of the decision on the adoption of a decision or
cancellation of adoption,
m) date, place and County of death, day, who was in the Court's decision on the
the Declaration for the dead mentioned as the day of death, where appropriate, as the day on which
the stranger declared dead.
(3) the information Provided under paragraph 2 (a). and), even) to) and l) points
2, 5, and 6 means the name, or names, and surname referred to in
Hall of the document and also, where appropriate, the name, the name and the surname referred to
in the Latin alphabet in the travel document of the alien, if the registry office
submitted.
§ 158c
Municipal Office to announce the police figure on the registration of foreigners in the Appendix of the Standing
the list of voters for the elections to the Councils of the municipalities, the removal
foreigners from Appendix a standing list of electors for elections to councils
municipalities, on the registration of foreigners, to the list of voters for the elections to the European
Parliament and the deletion of the alien from the list of voters for the elections to the
Of the European Parliament.
§ 159
(1) the applicant may, if not provided otherwise below, from the information
system to provide only the information it needs to perform the tasks
laid down by law in the scope of the surname, first name, maiden name, date and
place of birth, citizenship, social security number, location and type of stay
territory. This range can be extended if it is the condition for the fulfilment of the tasks of the
According to the law and the required information cannot be obtained any other way. As follows
the obtained data to their collection, transfer and use of
beyond the set of permissions within the meaning of the specific legislation.
(2) at the request of Foreigners under special legislation ^ 23) to communicate
the data in the range referred to in paragraph 1.
(3) the data from information systems conducted under section 158, paragraph and section 158a. 1
to provide the national authorities if the need to fulfil its tasks,
If this law provides otherwise. The intelligence service and the General
inspection of security forces can in performing the tasks according to the specific
^ Law 46) use data held in information systems
According to the first sentence, including personal data, in a way that allows
continuous and remote access.
(4) the police shall forward the data from information systems conducted under section 158 in
the extent provided for by the Treaty, negotiated by the European communities
the competent authorities of the State which is not a Member State of the European Union,
If the Czech Republic is bound by this contract. The police further passes
data from information systems conducted under section 158 Representative Office
the State of which the alien is a citizen, and to the extent necessary for the issue of
emergency travel document.
(5) the Ministry of Foreign Affairs to transmit the data from information systems
conducted pursuant to section 158a of paragraph 1. 1 to the extent provided for by the Treaty, negotiated
The European communities to the competent authorities of a State which is not a Member
State of the European Union, if the Czech Republic is bound by this contract.
(6) the Ministry shall forward the information about the aliens, which has been granted a permit to
a long-term resident of another Member State of the European Union,
the competent authority of the State of the European Union, that aliens admitted to the legal
the status of a resident of another Member State of the European Union or
enabled the residence for the purpose of cohabitation of the family; the Ministry of
shall inform the authority of the revocation of this authorization to stay on
the territory or expulsion of a resident of another Member State of the European Union,
including details of his departure from the territory.
(7) the Ministry shall forward the information about the aliens, which was granted legal
the position of resident on the territory of the ^ 7 c), the competent authority of another Member
State of the European Union, which earlier this aliens admitted to the legal
the position of resident on the territory of another Member State.
(8) the Ministry shall forward the information about the aliens, which was referred to in section 85, paragraph. 1
(a). (b)) invalidated the decision on granting legal status
a resident on the territory of the ^ 7 c), the competent authority of another Member State
The European Union, which decided on the termination of the transitional resident on the
territory on its territory due to a serious breach of public order.
(9) the Ministry shall forward immediately to the police information about the name and surname,
day, month and year of birth and nationality of the alien, which was
rejection of an application for the issue of long-term residence permit for the purpose of
protection in the territory of or the validity of this permit was cancelled, and
information on the date, the month and the year when that decision acquired the authority of, and the time
the validity of the výjezdního command. The Police Department shall forward the details
required by § 182b.
(10) at the request of the police or the Ministry shall notify the owner or person
authorised to use the object or a defined part of the object name,
where appropriate, the name, surname, date of birth and citizenship of the alien, to
which leads the indication of the place of residence the address reported by
owned or lawfully used object or a defined part.
(11) the Ministry shall transmit to the competent authority of another Member State
The European Union information on the holder of a blue card issued by that Member State,
The European Union on the territory of the requested release of the blue card. To the competent
authority of another Member State of the European Union, the Ministry further passes
information about the release of the blue card or to reject such a request.
section 160
(1) the data in the information systems under section 158 and section 158a can be
kept in written form, on technical data carriers or in the manner
combining the listed forms and in the same form and transmitted, with the exception of
biometric data, which are always processed in electronic
the form. Data held in information system of aliens under section 158, paragraph. 1
led by the aliens with permanent residence on the territory of enabled, enabled
temporary stay in the territory for a period exceeding 90 days, citizens
The European Union, who intend to reside in the territory temporarily for longer
than 3 months, and on aliens who have been granted international protection
or temporary protection under a special legal regulation ^ 2), to the extent
provided for in section 158, paragraph. 9 shall be kept at technical data carriers.
(2) the data recorded in the technical medium shall be kept for a period of
and) 20 years from the time of their stay of foreigners on the territory, with respect to the transitional
or permanent residence, or from the date of the acquisition of the citizenship of the Czech
of the Republic,
b) 15 years from the expiry of the passport of the alien pursuant to § 113 paragraph.
1 and 2, with the exception of fingerprint fingerprint and other data held
the Ministry of foreigners applying for the issue of this Passport, which
shall be kept for a period of 60 days from the date of delivery of the produced the aliens passport
the Ministry,
(c)) 10 years from the expiry of the period during which the alien was included in the register
undesirable persons,
(d)) of 10 years since the inception of the records the fact, if it is about the information
regarding the loss or theft of travel documents referred to in section 108 and
about travel documents referred to in section 108, paragraph. 1 (a). and (b))), c), (g))
or (h)), the authorities of the issuing State which were declared invalid,
e) 5 years from the expiry of the passport of the alien pursuant to § 113 paragraph.
3, the roaming identity card or travel document under section 108
paragraph. 1 (a). (f)), or
(f)) five years from the occurrence of the facts subject to registration in the other
cases.
(3) the data recorded in the written form shall be retained for a period of
and) 10 years from the time of their stay of foreigners on the territory, with respect to the transitional
or permanent residence or the date of the acquisition of citizenship of the Czech
of the Republic,
(b)) 5 years of expiry of the period during which the alien was included in the register
undesirable persons,
c) 5 years of expiry of the Aliens ' passport, travel
identity card or travel document under section 108, paragraph. 1 (a).
(f)),
d) 3 years following the year during which it was to the creation of the fact
subject to registration in the case of data stored on the proxy
the Office, with the exception of the file documentation applications for short-stay visas, when
Embassy was not decided on the short-stay visa,
his declaration of nullity or cancellation of its period of validity, or
(e)) five years from the occurrence of the facts subject to registration in the other
cases.
(4) if the registration information to foreigners information associated within the meaning of section
paragraph 158. 7, is to retain complete information identical with the longest
the time fixed for one of the parts of the information.
(5) the duration of the retention of registered in information systems by
section 158, paragraph. 4 and 5, shall not exceed a period of 30 years.
(6) if the period provided for in paragraphs 2, 3, 4, or 5, with an indication
destroyed, unless otherwise provided by special legal regulations otherwise. ^ 24)
(7) the biometric data held in information system of aliens that were
taken in connection with the issuance of a licence for a residence permit,
destroyed 60 days after the end of the validity of the licence or the cancellation of the permit
to stay in connection with the release of these data have been acquired.
section 160a
Access to the information system of the States parties
In accordance with the directly applicable European law
Community ^ 20a) and the international treaty on the Elimination of controls at the
common borders ^ 5a) have access to the data held in the information
the system of Contracting States
and Ministry)
(b) the foreign police services Directorate) and its detached workplace
(c) the alien Police Department of the district) police (hereinafter referred to as
"the Aliens ' Police Department '),
(d)) of the Ministry of Foreign Affairs,
e) Embassy.
TITLE XVI
THE SCOPE OF THE POLICE AND THE MINISTRY OF FOREIGN AFFAIRS AND POLICE PERMISSION
§ 161
The Administration is carried out by the police and the local jurisdiction
(1) the scope of the administrative authorities under this Act they perform within the
Police
and foreign police services Directorate) and its detached workplace
(b)), the Aliens ' police unions,
(2) the jurisdiction of the administrative authority referred to in paragraph 1 shall be
According to the place where the alien is reported to stay; in the case of an alien who
may not report to stay, according to the site, where he mostly resides.
section 161a
The police shall immediately forward to the Ministry of information obtained in the performance of
tasks in accordance with this law, relate to the alien, to whom permission to
stay on the territory of published by the Ministry, and may be the reason for the initiation of the
the procedure for revocation of this authorization.
§ 162
cancelled
§ 163
The foreign police services Directorate
(1) the Directorate of foreign police services
and the performance of the tasks) for deriving from directly applicable legal
Regulation of the European communities or of the obligations arising from the
the international treaty,
(b)) shall decide on the inclusion of foreigners in the information system of the States parties
and disposal of this system,
(c)) runs information systems under section 158, in the scope of its competence,
(d)) and checks the activity governed by methodically unions foreign police,
(e)) shall decide on the designation of the person behind the side, its inclusion in the register
undesirable persons and disposal of this evidence,
(f)) in the administrative procedure
1. the scope of the parent shall exercise administrative authority in relation to the departments
the foreign police (section 164),
2. Decides on the application for annulment of the decision of the administrative
the expulsion or revocation of such a decision in accordance with section 119a
paragraph. 5 and 6,
3. requires a binding opinion ^ 9b) Ministry, whether travel
the alien is it possible
4. Decides to request the release of the alien device according to § 129a
(g)) makes a request for transit by air authorisation to the competent
authority of the Member State of the European Union or of another State which claims
common procedure ^ 20), in the case of transit by air, to the requests
for transit operations by air,
h) performs escort activity in connection with the aliens or expulsions of Roma people
connection with the aliens police transit operations through the territory of transit operations or
by air,
I) provides travel and transport documents (tickets, tickets, etc.)
grants outreach command for foreigners from the territory or vyhošťovaného
secured under section 124b,
(j)) requires the listing or a copy of the criminal record ^ 24a); the request and the
listing or a copy of the criminal record shall be transmitted in electronic
the form and manner that allows remote access.
to the image) and picks up fingerprints fingerprint records when filing
a visa application, the authentication of the identity of the visa holder,
connection with the Declaration of a visa, the management of the administrative
the expulsion, the administrative expulsion, by ensuring the foreigners for the purpose of administrative
the expulsion, identity, fulfilment of the obligations arising from the
the international treaty or from directly applicable legal act
Of the European communities, or in connection with the provision of a temporary
protection,
l) performs border control,
m) decides on the granting of short-term visas at the border crossing,
n) decides on refusal of entry of a foreigner on the territory and on the termination of the
Visa,
about) in connection with the decision on refusal of entry of foreigners on the territory of the
performs the necessary actions to ensure that an alien without undue
delay evidently back abroad,
p) decides on refusal of exit from the territory,
q) carries out inspection, tourist
r) carried out the detention of travel document in accordance with § 117 paragraph. 1 or
the document, which expired, pursuant to section 86, 87z or 87aa,
s) decides on administrative offences and offences under this Act,
t) shall decide on the grant of a visa or residence authorisation of entry to the territory pursuant to section 122,
u) be carried out in accordance with the obligations of the Czech Republic established on the basis of
international contracts for the removal of checks at the common borders
consultation when issuing visas,
in) assesses whether a public deed under section 108, paragraph. 1 (a). (b)) meets
the conditions referred to in section 108, paragraph. 2,
w) examines whether the foreigner did not make the circumvention of this law with the aim of
to obtain permission to stay,
x) decides on administrative expulsion, on the obligation to leave the territory
(§ 50a), imposing the special measures for the purpose of travel (section 123b) and
about the return of a financial guarantee or the forfeiture of the State (section 123c)
s) issued a certificate of detention of a travel document under section 117,
from instruction) publishes the carriers to ensure the transport of foreigners abroad under section
paragraph 104. 3 and 4; If the carrier this obligation within the time limit
fails, ensure that transport the alien way of another carrier and pay
the costs associated with it.
(2) the Directorate of foreign police services on
and to ensure foreigners) for the purpose of administrative expulsion,
the collateral under section 124b or for the purpose of fulfilment of the obligations arising from the
the international treaty,
(b) decide on the location of the foreigners) in the device,
(c)) shall decide on the payment of the cost of administrative expulsion
secured by a stranger, a foreigner is secured by a special legal
Regulation of ^ 42),
(d)) provides transportation and guarding of the alien who has been refused entry to the
the territory, if his health condition requires the immediate transfer to the
the providers of health services, and from him back to the border crossing,
(e)) in the outer part of the surveillance equipment secures with a moderate regime; in
parts with strict mode provides the external and internal security,
(f)) performs escort foreigners between devices; secures the
transporting and guarding of foreigners secured in medical devices
treatment to the provider of health services, to carry out consular
the visit, to perform the acts in criminal proceedings, to perform additional
operations related to the purpose of ensuring or to court and back.
(3) the Inspectorate of the foreign police at the international airport is the competent
to perform the tasks referred to in paragraph 1 (b). and), c), (f)), section 3 (h)),))
u), v), x)) and pursuant to paragraph 2 (a). and (b))). Next, decide on the
grant výjezdního command, on the extension of the airport
transit visa, for the issue of an identity card, on their
temporary residence on the territory for which the visa is not required, and their
stay in the transit area of an international airport.
§ 164
The Aliens ' Police Department
(1) the Aliens ' Police Department
and the performance of the tasks) for deriving from directly applicable legal
Regulation of the European communities or of the obligations arising from the
the international treaty,
(b)) runs information systems under section 158, paragraph. 1 in the scope of their
the scope of the,
(c) carries out inspection, residential)
(d) a copy of the listing of or), from the criminal register ^ 24a); the request and the
listing or a copy of the criminal record shall be transmitted in electronic
the form and manner that allows remote access,
(e)) shall be decided in the scope of their competence for the issue and withdrawal of
the identity card,
(f)) decides on the extension of the period of stay and on the short-stay visa,
of their stay on the territory for which the visa is not required, and
granted an exit command
g) shall decide on the revocation of the short-term visa,
h) decides the extent of their jurisdiction on offences and administrative
offences under this Act,
I) decides on administrative expulsion, imposing the obligation to leave the
territory (§ 50a), imposing the special measures for the purpose of travel (§
123b) and for the return of a financial guarantee or the forfeiture of the State (section 123c)
j) decide on the subsequent confirmation of the date and place of entry of foreigners
in the territory (section 180d)
to decide on the cover) the costs associated with the stay of the alien secured
the territory and its departure from the territory, if an alien is ensured by
special legal regulation ^ 42),
l) carried out the detention of travel document in accordance with § 117 paragraph. 1,
m) validates the invitation,
n) fulfils the function of the reporting authority to the extent defined by this law,
about performs escort activity) in connection with the aliens or expulsions of Roma people in
connection with the aliens police transit operations through the territory of transit operations or
by air,
p) image records and fingerprint scans fingerprints at the time
a visa application, the authentication of the identity of the visa holder,
connection with the Declaration of a visa, the management of the administrative
the expulsion, the administrative expulsion, by ensuring the foreigners for the purpose of administrative
the expulsion, identity, fulfilment of the obligations arising from the
the international treaty or from directly applicable legal act
Of the European communities, or in connection with the provision of a temporary
protection,
q) requires binding opinion ^ 9b) Ministry, whether travel
the alien is it possible
r) issued a certificate of detention of a travel document under section 117,
with) validates the certificate referred to in section 92 (a). and)
t) verifies that the stranger did not make the circumvention of this law with the aim of
to obtain permission to stay,
u) provides transportation and guarding of the alien who has been refused entry to the
the territory, if his health condition requires the immediate transfer to the
the providers of health services, and from him back to the border crossing,
in reinsurance) decides the alien for the purpose of administrative expulsion,
the collateral under section 124b or for the purpose of fulfilment of the obligations arising from the
the international treaty,
w) decides on the location of the alien to the device,
x) performs escort foreigners between devices; secures the
transporting and guarding of foreigners secured in medical devices
treatment to the provider of health services, to carry out consular
the visit, to perform the acts in criminal proceedings, to perform additional
operations related to the purpose of ensuring or to court and back,
s) assesses whether the deed under section 108, paragraph. 1 (a). (b)) meets
the conditions referred to in section 108, paragraph. 2.
(2) the Aliens ' Police Department, at the time of validity of the decision on the provision of
the protection of the internal borders pursuant to special legal regulation ^ 3b),
and border control),
(b) decide on the granting of short-term) visas at the border crossing,
(c)) shall decide on the refusal of entry of the alien into the territory or
the validity of the visa,
(d)) in connection with the decision on refusal of entry of foreigners on the territory of the
performs the necessary actions to ensure that an alien without undue
delay evidently back abroad,
e) decides on refusal of exit from the territory.
§ 165
The scope of the Ministry of
Within the scope of the Ministry in matters relating to the entry and stay of aliens in the
territory and their departure from the territory of the
and shall exercise supervision over the police) in the performance of State administration,
(b)) shall perform the tasks of the superior administrative authority against the Directorate of services
the foreign police,
(c)) shall decide on the grant of long-term visas, extension of period of stay and
the validity of the visa,
(d)) establishes and operates the device,
(e) decide on the payment of costs) associated with the administrative expulsion
secured foreigners if their remuneration does not prejudge the police [section 123
paragraph. 6 (a). and)],
f) shall decide on the extension of the period of validity of the licence to foreigners, which was
issued with a permanent residence permit,
g) biometric data in connection with the release of the foreigner's passport
pursuant to § 113 paragraph. 1 and 2 or for a residence permit pursuant to section 117a,
h) decides on the issue and withdrawal of the alien passport and in the extent of their
the scope of the issue and the withdrawal of the identity card,
and confirmation of permission) issue permanent residence on the territory
j) decides on the issue of the long-term residence permit, a permit to
temporary residence permit, on the extension of these privileges and
a permanent residence permit,
to decide on the admission and) on the abolition of the status of long-term resident
resident in the territory,
l) decide on offences or administrative offences under this Act
in the scope of its competence,
m) demands from the police examination of the information and documents submitted or
of foreigners, which are the basis for management and decision making
referred to in points (c)), (e)), h), (j)), k) and (l)),
n) decides on the issue of employee cards and the blue card, an extension
or cancellation of its validity and gives consent to a change of employer
or job holder or employee card, blue card
about) is entitled to the information system referred to in section 158, paragraph. 1 insert
information, and to the extent necessary for the performance of duties under this Act,
use data held in information systems referred to in section 158,
p) is entitled in the Central Register vacancies
obsaditelných the holder of an employee card to complement the information on the processing of
application for the issue of the employee cards and in the Central Register free
jobs obsaditelných the holder of a blue card to complement the data on
the request for the release of the blue card,
r) performs other tasks pursuant to this Act.
section 165a
Permission of the Ministry of
(1) the Ministry is authorised to
and the capture of fingerprints and fingerprint) to take pictures on
the basis of a directly applicable legal act of the European
^ 5a) community in connection with the release of the foreigner's passport,
(b)) in performing the tasks under this Act require explanation
related to the fulfilment of the tasks,
(c) require from the police screening) the information and documents submitted
aliens or obtained within the framework of own activities in connection with implementation
tasks in accordance with this Act,
(d)) require proof of the identity of the foreigners in connection with the implementation of
tasks in accordance with this Act,
e) participate in subsistence checks carried out by the police,
f) issue instructions of the police or embassies to issuing the visa.
(2) the Ministry is also entitled to in proceedings under this Act
to require the release of the statement or copy of the criminal record ^ 24a). In
the procedure for the issue of long-term residence permit and in the extension of the
the period of validity for the long-term stay always requests the listing of
criminal records and in proceedings for the issue of permits for permanent
stay always requests a copy of the criminal record.
(3) the application for listing, or a copy of the criminal record) and listing ^ 24a
or a copy of the criminal record shall be transmitted in electronic
the form and manner that allows remote access.
(4) the Ministry for State administration under this Act uses
the reference data of the population register ^ 24b), which are
and last name)
(b) the name or names),
(c) the address of the place of stay)
(d)) of the date, place and County of birth; for the data subject, who was born in
abroad, the date, the place and the State where he was born,
(e)) of the date, place and County of death; in the case of the death of the data subject outside the territory
The Czech Republic, the date of death, place and the State on whose territory the death
has occurred; If the decision of the Court on the declarations for the dead, the day
that is the decision given as the day of death or the day that the body
data declared dead survived, and the date of the entry into force of this
the decision,
(f) citizenship, where applicable) more state citizenship.
(5) the Ministry for State administration under this Act uses of
agendového of the information system of the population register the following information about the State
citizens of the Czech Republic:
and, where applicable, names) the name, surname, maiden name,
(b) the date of birth),
(c)), gender,
d) place and district of birth if born abroad, the place and the State
birth,
(e) a social security number),
(f)) or more citizenship nationality,
g) address of the place of residence, including previous address space
permanent residence, where the address to which they are to be delivered
documents under other legislation
(h) the onset of permanent residence), where appropriate, the date of cancellation of the data on the place of
permanent residence or the date of their permanent residence in the territory,
I) restrictions and, where appropriate, the name of the mom's name, surname and maiden
the number of the guardian; If the social security number assigned to opatrovníkovi,
date, place and County of birth; If the guardianship authority of the local government,
the name and address of the registered office,
(j) the name, if applicable) name, last name and social security number of the father, mother,
another legal representative, where appropriate; in the event that one of the parents or
another legal representative does not have an assigned number, name, birth, where appropriate,
name, last name and date of birth; If other legal representative of the child
a legal person, the name and address of the registered office,
k) marital status, date, place and County of marriage, if the
marriage outside the territory, the place and the State; date of legal effect
the Court's decision on marriage annulment, the date of acquisition
the decision of the Court about the absence of a marriage, the date of demise
marriage, death of a spouse, or the date of the entry into force
the Court's decision on the Declaration of one of the spouses is dead and the day that
He was in the final court decision on the Declaration for the dead mentioned as
day of death, where appropriate, as the day on which the spouse declared dead
survivors, or the date of the entry into force of a court decision for divorce
the marriage,
l) date and place of the formation of the partnership, the date of the entry into force
the Court's decision on the invalidity, or of the absence of the registered
the partnership, the date of the dissolution of a registered partnership in the death of one of the
registered partners, or the date of the entry into force of a court decision
about the statement of one of the registered partners of the dead and day of the
He was in the final court decision on the Declaration for the dead mentioned as
day of death, or as a day that registered partner declared
survivors of the dead, or the date of the decision of the Court on
cancellation of a registered partnership,
m) name, where applicable, the name, last name and social security number of spouse or
the partner; If the spouse or registered partner
a natural person who does not have an assigned number, name, birth, where appropriate,
name, surname of the spouse or registered partner, and the date of its
birth,
n) name, or name, last name and social security number of the child; If the child is
an alien who is not assigned a social security number, name, or names,
the child's surname and date of birth,
about the data in the osvojenci) about the extent of the
1. the degree of adoption,
2. the original and the new name, or name, surname of the adopted child,
3. the original and the new social security number of the adopted child,
4. date, place and County of birth,
5. the social security numbers of the adoptive parents; in the event that the adoptive parents was not assigned
social security number, name, or names, surname and date of birth
adopters,
6. social security numbers, father and mother; If they don't, their name,
where appropriate, the name, surname and date of birth,
7. date of entry into force of the decision on the adoption of a decision or
cancellation of adoption,
p) a day, which was in the decision of the Court declaring the missing listed
as the day when the effects of the Declaration of the nezvěstnosti occurred, and the date of acquisition
the decision of the Court on the declarations for the missing,
q) date, place and County of death; in the case of the death of a citizen outside the territory of the Czech
Republic, the date of death, place and the State on whose territory the death occurred,
r) day, who was in the Court decision on the Declaration for the dead mentioned
as the day of death, where appropriate, as the day on which the citizen declared dead
survivors.
Data which are kept as reference in the principal registry
the population recovered from the agendového information system registration
population, only if they are in the shape of the previous status quo.
(6) the Ministry for State administration under this Act uses of
civil registration certificates:
and, where applicable, names) the name, surname,
(b) the social security number),
(c)), or number series ID
(d) the period of validity of identity card),
e) digital processing of the form of the citizen and its signature
(f)), or a series of numbers, lost, stolen, destroyed, or
invalid civil certificates,
(g)) issued a certificate of civil identity card and a certificate for each
the period of its validity.
(7) the Ministry for State administration under this Act uses of
evidence of travel documents, the following information:
and, where applicable, names) the name, surname, maiden name,
(b) the social security number),
(c) the number and type of issued) travel document
(d) the period of validity of the travel document),
(e)), the digital photo processing and signature of the holder,
(f)) of lost, stolen or invalid travel documents: the number
and the type of travel document,
g) number, type and the travel document that was issued to the holder, or
He was removed in the context of the prohibition of travel abroad.
§ 166
The scope of the Ministry of Foreign Affairs
(1) the Ministry of Foreign Affairs shall exercise State administration in matters
authorisation of stay of foreigners on the territory of enjoying privileges and immunities under
of international law.
(2) the Ministry of Foreign Affairs shall exercise State administration in matters
visas in the range specified by this law through the
the representative of the Office.
section 167
The permission of the police
(1) the police shall be entitled to
and require a copy of the statement or) from the criminal register ^ 24a); the request and the
listing or a copy of the criminal record shall be transmitted in electronic
the form and manner that allows remote access,
(b) Dactyloscopic fingerprints and scan) to take pictures in
submission of visa applications, authentication of the identity of the visa holder,
in connection with the Declaration of a visa, the management of the administrative
the expulsion, the administrative expulsion, by ensuring for the purposes of the administrative
the expulsion of the identity, the fulfilment of the obligations arising from
the international treaty or from directly applicable legal act
Of the European communities,
(c)) in performing the tasks under this Act require explanation
related to the fulfilment of the tasks,
(d)) to perform a check of the tourist
1. foreigners in order to determine whether the territory legally and whether
meets the conditions of stay on the territory in accordance with this Act,
2. foreigners or other individuals to determine whether they are complying with the obligations of the
provided for in this Act,
(e)) in connection with the border control or residence to require the
foreigners identification,
(f)) to enter into the accommodation, under the conditions laid down in this
the law and check the front of the book,
(g)) to perform a personal tour and explore things, if so provided by this
the law,
h) entered in the travel document, that foreigners were imposed the decision on
administrative expulsion,
I) withhold the funds secured under the special foreigners
^ law 16b),
j) use funds withheld in accordance with paragraph (i) of a foreigner) to
payment, even partial, costs associated with the stay of the alien secured
the territory and its departure from the territory,
k) in performing the tasks under this Act, examine whether the alien
did not make the circumvention of this law in order to obtain permission to stay,
l) capture fingerprints fingerprint and take pictures on
the basis of a directly applicable legal act of the European
^ 5a) community in connection with the issue of a travel document according to the
special legal regulation ^ 2)
m) to withhold the document expired, pursuant to section 86, 87z or 87aa; about
detention of aliens shall issue a document to confirm
n) in connection with refusal of entry of foreigners to the territory, invite foreigners to
travel back without undue delay and to make the necessary
operations with a view to ensuring that the alien back abroad without undue
delay got out.
(2) the police is entitled to subsistence checks carried out in accordance with
paragraph 1 (b). (d)), to enter into the objects and to the workplace
the employer in the case of a reasonable suspicion that the present
foreigners. This permission has the police even after work, sales
or operating time.
(3) on the control activities carried out by the police under this Act shall
Control Act does not apply.
(4)
cancelled
(5) Police in the performance of the State Government under this Act uses
the reference data of the population register, which are
and last name)
(b) the name or names),
(c) the address of the place of stay)
(d)) of the date, place and County of birth; for the data subject, who was born in
abroad, the date, the place and the State where he was born,
(e)) of the date, place and County of death; in the case of the death of the data subject outside the territory
The Czech Republic, the date of death, place and the State on whose territory the death
has occurred; If the decision of the Court on the declarations for the dead, the day
that is the decision given as the day of death or the day that the body
data declared dead survived, and the date of the entry into force of this
the decision,
(f) citizenship, where applicable) more state citizenship.
(6) the police in the performance of the State Government under this Act uses of
agendového of the information system of the population register data on State
citizens of the Czech Republic in the scope of
and, where applicable, names) the name, surname, maiden name,
(b) the date of birth),
(c)), gender,
d) place and district of birth if born abroad, the place and the State
birth,
(e) a social security number),
(f)) or more citizenship nationality,
g) address of the place of residence, including previous address space
permanent residence, where the address to which they are to be delivered
documents under other legislation
(h) the onset of permanent residence), where appropriate, the date of cancellation of the data on the place of
permanent residence or the date of their permanent residence in the territory,
I) restrictions and, where appropriate, the name of the mom's name, surname and maiden
the number of the guardian; If the social security number assigned to opatrovníkovi,
date, place and County of birth; If the guardianship authority of the local government,
the name and address of the registered office,
(j) the name, if applicable) name, last name and social security number of the father, mother,
another legal representative, where appropriate; in the event that one of the parents or
another legal representative does not have an assigned number, name, birth, where appropriate,
name, last name and date of birth; If other legal representative of the child
a legal person, the name and address of the registered office,
k) marital status, date, place and County of marriage, if the
marriage outside the territory, the place and the State; date of legal effect
the Court's decision on marriage annulment, the date of acquisition
the decision of the Court about the absence of a marriage, the date of demise
marriage, death of a spouse, or the date of the entry into force
the Court's decision on the Declaration of one of the spouses is dead and the day that
He was in the final court decision on the Declaration for the dead mentioned as
day of death, where appropriate, as the day on which the spouse declared dead
survivors, or the date of the entry into force of a court decision for divorce
the marriage,
l) date, place and the district partnership, if there is no risk of
partnership outside the territory, place and state the date of legal effect
the Court's decision on the invalidity or the existence of a partnership, the date
the demise of the partnership, the death of one of the registered partner, or date
the entry into force of a court decision on the Declaration of one of the
registered partners of the dead and day, who was in the final
the decision of the Court on the declarations for the dead mentioned as the day of death,
where appropriate, as a day that registered partner declared dead
survivors, or the date of the entry into force of a court decision on cancellation
the partnership,
m) name, where applicable, the name, last name and social security number of spouse or
the partner; If the spouse or registered partner
a natural person who does not have an assigned number, name, birth, where appropriate,
name, surname of the spouse or registered partner, and the date of its
birth,
n) name, or name, last name and social security number of the child; If the child is
an alien who is not assigned a social security number, name, or names,
the child's surname and date of birth,
about the data in the osvojenci) about the extent of the
1. the degree of adoption,
2. the original and the new name, or name, surname of the adopted child,
3. the original and the new social security number of the adopted child,
4. date, place and County of birth, a child born in a foreign country,
the place and State of birth,
5. name or name, last name and social security numbers of the adoptive parents; in
If the adoptive parents has not been assigned a social security number, name,
where appropriate, the name, surname and date of birth of the adopter,
6. the name, or names, last names and social security numbers of father and mother; If
they were assigned to, their name, or name, last name and date
birth,
7. date of entry into force of the decision on the adoption of a decision or
cancellation of adoption,
p) a day, which was in the decision of the Court declaring the missing listed
as the day when the effects of the Declaration of the nezvěstnosti occurred, and the date of acquisition
the decision of the Court on the declarations for the missing,
q) date, place and County of death; in the case of the death of a citizen outside the territory of the Czech
Republic, the date of death, place and the State on whose territory the death occurred,
r) day, who was in the Court decision on the Declaration for the dead mentioned
as the day of death, where appropriate, as the day on which the citizen declared dead
survivors.
Data which are kept as reference in the principal registry
the population recovered from the agendového information system registration
population, only if they are in the shape of the previous status quo.
(7) the police in the performance of the State Government under this Act uses of
agendového information system of civil registration certificates information in
the range of
and, where applicable, names) the name, surname,
(b) the social security number),
(c)), or number series ID
(d)) date of expiry of the identity card,
e) digital processing forms and his signature, citizen
(f)), or a series of numbers, lost, stolen, destroyed, or
invalid civil certificates,
(g)) issued a certificate of civil identity card and a certificate for each
the period of its validity.
(8) the police in the performance of the State Government under this Act uses of
agendového information system records the data in travel documents
the range of
and, where applicable, names) the name, surname,
(b) the social security number),
(c) the number and type of issued) travel document
(d)) of the date of expiry of the travel document,
(e)), the digital photo processing and signature of the holder,
(f) the number and type of) lost, stolen or invalid travel
the documents,
g) number, type and the travel document that was issued to the holder, or
He was removed in the context of the prohibition of travel abroad.
TITLE XVII
ADMINISTRATIVE PROCEDURE AND JUDICIAL REVIEW
The administrative management
section 168
The provisions of the second and third section of the administrative procedure shall not apply to the management of
According to § 9 (with the exception of proceedings under section 9 (4)), § 10, section 19, paragraph. 1, §
20, 30, 33, 36, section 38, paragraph. 1, § 40, 41, 49, 50, 52, 53, paragraph. 3, § 122
paragraph. 1 and 2, section 123a, section 135, paragraph. 3, § § 148, paragraph 154. paragraph 2, § 155.
1, section 180, 180b, 180d, 180e and 180h.
§ 169
Deviations from the code of administrative procedure
(1) If a decision to issue, without delay, the decision shall be issued:
and within a period of 120 days) from the date of submission of the application for a licence to
a long-term resident of another Member State of the European Union and
Member of his family,
(b)) within 180 days of the date of filing the application for the issue of permits for permanent
stay,
(c)) within 270 days from the date of submission of the application for a licence to
long-term stay for the purpose of cohabitation on family territory,
(d)), within 60 days from the date of submission of the application for a licence to
long-term stay for the purpose of study, scientific research or release
long-term residence permit a family member research
the worker under section 42, paragraph. 3,
e) within 60 days from the date of submission of the application for a licence to
long stay, permanent residence permit according to § 69, if the
a request made to the territory, a temporary residence permit and the permit to
permanent residence under section 87g and 87 h,
(f)) in a period of 90 days from the date of submission of the application for the issue of a blue card,
g) within a period of 180 days from the date of submission of the application for a licence to
long-term stay for the purpose of cohabitation with the holder family
the blue card on the territory,
h) within 60 days from the date of submission of the application for the issue of employee cards;
within a period of 90 days from the date of submission of the application for the issue of employee cards in
particularly complex cases, or if the Ministry asked to release
binding of the opinion referred to in paragraph 15.
(2) the administrative authority is empowered to hear the proceedings, if it is
necessary for the determination of the actual state of affairs, in particular for the assessment of whether the
It is not a circumvention of the law, a foreigner with a view to obtaining permissions
to stay in the territory, in particular, whether assigned or not marriage
his assigned through the consent of the paternity has not been specified. Participant
management is required to testify truthfully and not concealing anything. The administrative authority
party to the proceedings before the hearing about the consequences of a refusal notice
false or incomplete statements.
(3) an appeal against a decision to refuse entry to the territory, against the
the decision on the obligation to leave the good choice or against the decision on the withdrawal of the
the passport of the alien identity card or travel document
under section 108, paragraph. 1 (a). (f)), against the decision referred to in paragraph 10, or
against the decision on the revocation of the licence of residence permit,
residence card of a family member of a citizen of the European Union, the licence of the
permanent residence permit and the certificate of permanent residence permit
the citizen of the European Union shall not have suspensory effect.
(4) the administrative expulsion of police will decide within 7 days from the commencement of the proceedings;
If the police decide within this period, it is obliged about participant
proceedings, stating the reasons.
(5) against the decision of the administrative expulsion can lodge an appeal within 5 days
from the date of notification of this decision; If the decision of the administrative
the expulsion of aliens under the age of 18 years, the time limit for appeal is 15 days from the
the date of notification of this decision. The appeal against the decision of the administrative
removal always has suspensory effect.
(6) against the decision of the obligation to leave the territory can appeal to the 5
days from the date of notification of this decision; If the decision on the
the obligation to leave the territory of aliens under the age of 18 years, the time limit for
the appeal of 15 days from the date of notification of this decision.
(7) Against the decision on the confiscation of the financial guarantees referred to in section 123c paragraph. 3
You can lodge an appeal within 5 days from the date of notification of this decision.
(8) Resolution also stops the proceedings on the application, if the alien
and request) that the issue of long-term residence permit or
the extension of its validity, within the time limit or to challenge under section 44, paragraph.
1 or § 44a of the paragraph. 12 does the Ministry to process the data
necessary for the issue of a certificate of authorization to stay or within the time limit under section
paragraph 44. 3 or § 44a of the paragraph. 13 does not assume the card of residence permit,
If within this period indicated that the Act prevents the reasons independent
in his will,
(b)) that made the request on the territory, does not assume the permanent residence permit
within 30 days from the date of notification, unless within that period indicated that
the takeover of the reasons preventing the independent of his will,
(c)) on the territory of handed application for a permit for a long-term or permanent
stay, although the submission of the application to the territory is not entitled to
(d)) made the request for an extension of period of stay on visa to stay over 90 days,
application for a long-term residence permit or an application for the extension of the
the validity of the long-term residence permit at a time when it is not
entitled,
e) filed a request for authorization repeatedly to a fixed or
permanent residence without said new facts, which were not the subject of
control of its previously filed applications,
(f) the granting of a request) international protection according to a special legal
code ^ 2), or
g) filed a request for the release of the blue card, although this is not entitled under section
42i paragraph. 1.
(9) an application for extension of period of stay on visa to stay over 90 days or
request for extension of the period of validity of the visa, the Ministry shall execute in the
the period to 14 days.
(10) if they come after the release of the decision on the request for authorization to
long-term or permanent residence at the Embassy made it clear
a new fact which would otherwise have been the reason for rejection of this application,
This decision, which is not final, is to be cancelled.
(11) the procedure for applications made under section 42e, which is not equipped with a
confirmation of authority participating in criminal proceedings, it is not opened and
the Ministry shall postpone the resolution of the matter. The resolution will only be mentioned in the
the file.
(12) the Representative Office is authorised to carry out checks on the application and
requirements submitted to the application for the issue of permits to the long-term
or permanent residence; If the request does not have the prescribed particulars or
If you suffer from other defects, the Embassy will help foreigners deficiencies
Delete on the spot or ask him to remove them and give it to the
that a reasonable time limit. Pending the Elimination of the shortcomings of the application or
the expiry of the period referred to in the first sentence is not running, the period for responding to requests for
the issue of permits for the long-term or permanent residence. Representative Office
It is also empowered to hear the applicant on the issue for the long-term
or a permanent resident, if it is under the conditions referred to in paragraph 2
necessary for the determination of the actual state of things.
(13) an alien who is not listed in the law issued according to § 182
paragraph. 1 (a). (e)), is required to request the issuance of a permit to the long-term
or permanent residency only at the Embassy of the State of which he is
the foreigner is a national or which issued the travel document,
which is the holder of, or in the State in which the alien is enabled
long-term or permanent residence. If an alien fails to comply with this obligation, the management
the application is started and the Embassy case resolution.
The resolution will only be mentioned in the file.
(14) the application for a permit for a long-term or permanent resident alien
obliged to submit personally. Representative Office may in justified cases
from the obligation referred to in the first sentence.
(15) in the context of the decision on the application for the extension of the
employee cards, the Ministry will require the mandatory opinion of the Bureau of labor
Czech Republic-regional branches or offices for the city of Prague,
whether for more employment of foreigners can be given to the situation on the labour market
enable; This does not apply if the alien, who asked for the extension of the
employee card issued to him under section 42 g of paragraph 1. 3 or 4.
The binding opinion of the Ministry on requests in the context of deciding on the
application for the issue of the employee cards made a stranger referred to in section 42 g
paragraph. 6. the Office of the Czech Republic-regional branch or the branch for
the city of Prague, a binding opinion on the employment of the alien will deliver
the Ministry within 15 working days from the date of receipt of the application for binding
the opinion; If they do not do so within that period, it shall be deemed that the
employing foreigners agree.
§ 170
(1) an application for the granting of long-term visas, with the exception of the diplomatic visa
or the special visas, and applications for extension of the period of validity of the visa to the
stay over 90 days for the purpose of prolonging the stay of the alien in the territory is obliged to
submit personally. Embassy or the Ministry may in justified
cases from the obligation referred to in the previous sentence.
(2) the Office may require in advance to arrange the term
submission of the application. Embassy will allow foreigners filing request
not later than 30 days from the date on which the alien on the determination of the term of submission
the application requested.
(3) an application for a short-term visa to a family member of a citizen
The European Union ^ 1b), which itself is not a citizen of the European Union, shall execute the
Representative Office within 14 days from the date of submission of the application.
(4) an application for a visa to stay over 90 days for the purpose of prolonging the stay
on the territory according to § 33 paragraph. 1 ended, the Ministry within 30 days from the
the date of filing of the application.
(5) an application for the granting of diplomatic visas or special visa or
visa to stay over 90 days granted to foreigners for the purpose of filing of the application for
long-term residence permit issued by the Ministry of foreign
Affairs (section 30 (2)) shall execute the Ministry of Foreign Affairs or the
Embassy within 60 days from the date of submission of the application.
(6) an application for a visa to stay over 90 days, the Ministry shall execute in the
the time limit to 90 days, in particularly complex cases, to 120 days from the date of
submission of the application. Visa request to stay over 90 days for the purpose of
for the purpose of study or educational activities or for the purpose of research
the Ministry will deal within 60 days from the date of submission of the application.
(7) the application for extension of stay on the territory of the visa to stay for 90 days
the police shall execute within 7 days from the date of submission of the application; the request for
extension of validity of the visa or residence on the territory of the visa to stay
over 90 days for the purpose of prolonging the stay in the territory, the Ministry will deal 30
days.
(8) after the termination of the proceedings, the visa shall be indicated in travel document or to
other evidence for the conditions laid down by this law or the applicant
When applying to the territory that does not comply with his request, or
When filing an application abroad, his embassy return travel
the document.
§ 170a
(1) there is hereby established a Commission for the decision-making in matters of residence of aliens (
"the Commission"). The Commission is part of the Department of organization, which
ensure its activity. The Commission is the superior administrative authority
of the Ministry in matters in which the Ministry decided in the first instance
and in other cases stipulated by law.
(2) the Superior administrative authority the Commission is the Minister of the Interior.
(3) the Chairman and other members of the Commission shall be appointed and dismissed by the Minister of the Interior.
A member of the Commission may be appointed a State citizen of the Czech Republic, which is
upstanding and reliable. A prerequisite for the provisions of a member of the Commission
on higher education legal direction obtained the proper termination
studies in the master's study programme.
(4) the condition of integrity does not meet the
and) who was been convicted for an intentional criminal offence, or has been in the
the last 5 years, been convicted of an offence committed by the
negligence, if the negotiations, which he committed the offence, could
confidence in the decisions of the Commission,
(b)) whose criminal prosecution for intentional criminal offence on the basis of
a final decision on approval of the settlement stopped and from this
a decision still has not passed 5 years, if the negotiations, which committed the
the offence, could undermine confidence in the decisions of the Commission,
(c)) whose criminal prosecution for intentional criminal offence has been
conditionally suspended, and from the expiry of the trial period, or periods, in which you can
be decided that worked, has not even 5 years, or in the
criminal proceedings are conducted against him, decided on the suspension
the postponement of the submission of the proposal for punishment, and yet from this decision
passed 5 years, if the negotiations, which he committed the offence,
could endanger confidence in the decisions of the Commission, if not him,
as if he was not sentenced.
(5) the integrity of the certifying statement of criminal records.
Minister of the Interior is authorized to request an extract from the criminal record
under special legislation. Request for release of the statement from the record
An extract from the criminal record, criminal records are to be transmitted in
electronic form, in a manner enabling remote access.
(6) the condition does not meet the reliability, who was in the last 3 years
has repeatedly been convicted of an offence
and in the State Administration) perpetrated by deliberately stated incorrect
or incomplete information to the authority or the information withheld, though
had the obligation to give such an indication, intentionally stated incorrect or incomplete
an indication of the administrative authority or the information withheld for the purpose of
obtaining undue advantage, intentionally filed a false or incomplete
testimony in the administrative procedure, deliberately false information in said
solemn declaration by the administrative authority or unduly
featured as the official person,
(b)) against the public order,
(c)) against civil coexistence,
d) against property,
(e)) according to the law governing the guarantee of State policy
employment ^ 44) committed by that mediated employment without
permit or allow the performance of illegal work, or
(f)) under this Act.
(7) to prove the reliability of the affidavit.
(8) the President shall decide on the distribution of goods among the boards, the Commission classified
members of the Commission to appoint the President of the boards of appeal and the boards of appeal.
(9) the Commission adopts its rules of procedure. Members of the Commission are, in their
decision making in the Ministry of the independent.
§ 170b
(1) against a decision of the Ministry can appeal to the Commission.
(2) the Commission and decided upon by the three-member Panel of judges; most of the members of the
the Senate must be experts, who are not enrolled in the Ministry.
(3) each of the steps in the procedure, with the exception of the release decision may
be delegated to the official employed in the Ministry, which are not members of the
of the Commission.
(4) the decision shall be signed by the President of the Senate.
Judicial review
§ 171
From the review by the Court are excluded
and the decision on the refusal of a visa); This does not apply, if the refusal of a visa
a family member of citizen of European Union
(b) the decision on refusal of entry); This does not apply in the case of refusal of entry
citizens of the European Union or his family member,
(c))
(d) the decision on the termination of the stay), if a foreigner before proceedings
of their stay on the territory or remained in the transit area
the international airport.
§ 172
Action
(1) dismisses the action against the administrative decision ^ 26) must be made within 30 days from the
notification of the decision of the administrative authority in the last stage, or from the date of
communication from another decision of the administrative authority, if not further defined
otherwise. Deadline cannot be waived.
(2) the action brought against an administrative decision of expulsion must be made within 10
days from receipt of the decision of the administrative authority in the final stage.
Deadline cannot be waived.
(3) the action brought against the decision of expulsion of a foreigner has a suspensory effect on the
the enforceability of the decision; This does not apply if the alien has been expelled from the
because of threats to the security of the State.
(4) an action against a decision regarding the securing of a foreigner or against a decision of the
the extension of the duration to ensure foreigners or against a decision of the
not releasing from the device is administered through the police or
the competent court. In the event that the action is brought, through the
the police, the police shall submit to the Court, the lawsuit and the administrative
file within 5 days from the date of service of the action. In the event that the action is brought by the
the competent court shall be the Court of the administrative file. The police shall submit to the Court
the expression of the action and the administrative file within 5 days. At the same time the police your
representation to the application delivers the foreigners.
(5) an action against a decision regarding the securing of a foreigner and a lawsuit against
decision on the extension of the duration to ensure foreigners or against
the decision to not releasing from the device, the Court shall decide within 7 working days
from the date of receipt of the administrative file of the Court. Court to hear the case
the negotiations, suggests that if a party to proceedings not later than 5 days from the date of
submission of the application, or if it is necessary. Must be a foreigner in
the decision of the police instructed. If the Court decides about the annulment of the contested
the decision shall be forwarded to the parties immediately after the judgment
the publication of the judgment at the hearing, or, if it was decided without regulation
the hearing shall be forwarded to the parties to the Court within 24 hours from its
issue.
(6) a claim against an administrative decision is the locally competent
the regional court in whose circuit is a stranger in a day of action reported to the
the stay; in the case of an alien who does not have to report the stay, regional court, in
the area mainly resides, and in other cases, the District Court,
in whose district the alien's stay has been detected in the territory. If an alien residing in the
abroad, is locally competent regional court, in whose district should
the stranger, after the entry into the territory to meet the obligation. This does not apply,
in the case of a decision on administrative expulsion, a decision on the obligation
to pay the costs of the administrative decision on removal, ensure,
decision on the extension of the duration to ensure the decision about the location of the
alien to the part with the strict regime of seizure and the decision on the administrative
tort.
(7) the action against the decision of the administrative court decides to expel 60
days.
TITLE XVIII
COMMON PROVISIONS
§ 173
The alien, to whom the card was issued to a family member of a citizen
The European Union, for a residence permit or card to the
permanent residence, is entitled to enter the territory, stay on it and
to leave the territory without a visa.
§ 174
Criminal indemnity
(1) for the purposes of criminal preserved this Act deems the stranger,
that does not have
and the statement from) criminal record, that record was been
convicted of the offence,
(b)) in the document of the foreign State, a similar statement of criminal records
record that he was sentenced for the conduct that meets the characters of
the crime scene.
(2) in order to substantiate the criminal indemnity, the competent authority shall request the
extract from the criminal register ^ 24a). The request and the statement of registration
Criminal record shall be transmitted in electronic form, and the way
enabling remote access.
(3) the criminal indemnity shall be evidenced by a statement of convictions,
not older than 6 months, or other similar documents issued by the State,
which the alien is a citizen, as well as States in which the stranger within
the last 3 years continuously for longer than 6 months; in the case of
that the State does not issue such a document, you can replace it with affirmation.
section 174a
The adequacy of the
When assessing the proportionality of the impact of a decision under this Act,
the administrative authority shall take into account, in particular, the severity or type of infringement
meeting foreigners, the length of the stay of the alien in the territory, his age, health
the State, the nature and strength of family relations, economic conditions, social
and cultural ties to the territory and the intensity of ties to the State, which is
alien nationality, or in the event that the person is without the State
citizenship, to state his last residence.
§ 175
the title launched
Czech Republic takes on the territory of aliens, which released the blue card,
If his request for the release of the blue card to stay in the territory of another
the Member State of the European Union was rejected, despite the fact
the blue cards issued for the stay in the territory was over or was
cancelled. A similar obligation also applies to family members
the holder of a blue card, which has been issued a residence permit for the purpose of
cohabitation on family territory.
§ 176
Health services for securing foreigners
(1) Aliens for ensuring the territory shall provide health services
and emergency care in the States), which
1. immediately life-threatening,
2. can lead to sudden changes in perpetuating the disease deaths,
3. the causes of the rapid provision of health services without a permanent morbid
the changes,
4. acts of sudden pain and suffering,
5. cause changes in behavior and practices affected, threaten its very
or its vicinity, or
6. relate to pregnancy and childbirth, with the exception of an artificial interruption
pregnancy at the request of foreigners,
(b)) in connection with the Court-ordered quarantine or other measures in
the context of the protection of public health.
(2) the cost of medical services provided in accordance with paragraph 1 or pursuant to
§ 134, paragraph. 2 shall be borne by the State, and even if it was to ensure the interrupted.
(3) if the health service cannot be provided in the device, ensure that
the Ministry of supply of these services at the health provider
services outside of facilities.
(4) if the alien's Cause at the time of injury to the health of arbitrarily, has
the obligation to reimburse the cost of treatment, including the real costs incurred
the security and transport to the providers of health services.
(5) in the case where the costs provided by the health services shall be borne by the State and
This is not the applicant for the grant of international protection, ensures the payment of
the cost of
and the Ministry for foreigners) secured in the device,
(b) in other cases, the police).
(6) health services to foreigners in the performance of security detention, custody
or imprisonment are in the range specified in the
paragraph 1, and article 134, paragraph. 2. the costs for provided health services
According to the first sentence, which is not covered by a specific legal
Regulation or international treaty, shall be borne by the State. Health services
provided by strangers at his request, beyond, as defined in the first sentence
shall be borne by the alien from its own funds.
section 176a
Health services in specific cases
(1) foreigners during the time to travel from the territory provided for by §
50A or § 118 paragraph. 3 on the territory shall provide health services
urgent and Basic) related treatment in States that
1. immediately life-threatening,
2. can lead to sudden changes in perpetuating the disease deaths,
3. the causes of the rapid provision of health services without a permanent morbid
the changes,
4. threaten his or its vicinity, or
5. regarding pregnancy and childbirth, with the exception of an artificial interruption
pregnancy at the request of foreigners,
(b)) in connection with the Court-ordered quarantine or other measures in
the context of the protection of public health.
(2) the cost of the health services shall be borne by the State, if the need for health
the service was founded after the determination of the time of departure from the territory, according to § 50a or
§ 118 paragraph. 3.
(3) in the case where the costs for provided health services shall be borne by the State and
This is not about the alien, which has made a declaration of intention to request the
international protection or applying for the grant of international protection,
ensures the payment of costs by the Ministry.
section 176b
Payment of the stay of the alien in the reception center at the international airport after a
final termination of the proceedings on the grant of international protection
(1) an alien who is at the time of the entry into force of the decision referred to in
special legal regulation ^ 2) is placed in the reception center on
the international airport, the costs associated with the stay in this
the Centre up to travel outside the territory of their own resources.
(2) foreigners referred to in paragraph 1 shall provide health services in
the context of accident or sudden illness, court-ordered quarantine or
other measures in connection with the protection of public health. The cost of
related to the provision of health services shall be borne by the stranger's own
resources.
(3) If a foreigner costs referred to in paragraphs 1 and 2 to pay, even if
partially, from their own resources and their remuneration is not provided
otherwise, such costs shall be borne by the State. Payment of costs, the Ministry provides.
§ 176 c
Reimbursement of the costs associated with securing the alien for the purpose of transfer or
transit
(1) to pay the costs associated with securing of foreigners for the purpose of
transfer or transit under the international treaty, or by a foreigner
for the purpose of transit by air (section 152 and 153) shall apply mutatis mutandis
as for the payment of the costs associated with securing of foreigners for the purpose of
administrative expulsion.
(2) The costs associated with securing of foreigners for the purpose of surrender under
the international treaty shall be counted against the costs, which the police or
the Ministry arose from reinsurance foreigners until its delivery to the
the competent authority of the other Contracting State.
(3) the costs associated with ensuring the transit of foreigners on the basis of the
the international treaty or transit by air pursuant to section 152 and 153 are
stops only if, in the case of an alien who is staying in the territory and the
return to the territory of the State of his citizenship or to the territory of another State, that
the alien takes over, requires transit through the territories of ensuring another
the State with the assistance of the competent authorities of that State. In this case,
the costs include the costs associated with transit operations carried out
the competent authorities of the State whose territory was a foreigner at the request of provážen.
§ 177
The identity of the
(1) Identity for the purposes of this Act, means the proof of name,
surname, day, month and year of birth and country of citizenship or
the last permanent residence outside the territory.
(2) For the purposes of removal, you can replace the authentication
daktyloskopickými prints, pictorial record of the alien and the data, which
the police found out to foreigners.
Section 178
Procedural competence
For the process of qualifying for the purposes of this Act, the alien shall be deemed
over 15 years, which is able to manifest their will and act independently.
§ 178a
(1) the Lone foreigner, for the purposes of this Act, means the alien
single, widowed or divorced.
(2) the Nezaopatřenost of the child shall be assessed according to the law on State social
the promotion. For the purposes of this Act, the dependent child shall also be
the stranger until 26 years of age, which continuously studies on Central
or University abroad and the Ministry of education, youth and
Sports nevydalo the decision on the fact that this study is based on
Department of studies at secondary or high schools in the Czech Republic.
§ 178b
(1) Employment for the purposes of this Act, means the power to
that a foreigner needs a work permit ^ 8e), an employee card
or blue card. For employment shall also be considered the performance of the tasks of the
arising out of the subject of the activities of the legal person, provided
Companion, a statutory body or a member of a statutory or other
the authority of a commercial company for commercial company or a member of the
the cooperative or a member of the statutory or other authority of a cooperative for
the cooperative.
(2) the employer shall, for the purposes of this Act shall mean a legal entity or
a natural person, that the alien, and the alien was hired for the performance of such
activity needs a work permit ^ 8e), an employee card or
the blue card. For the employer shall also be considered a legal person, for
the stranger in the position of partner, the statutory body or a member of the
the statutory body or other authority of a commercial company or in
the position of a member of the cooperative or a member of the statutory body or other
authority of the cooperative shall perform the tasks arising from the activities of this item
legal persons, if such a performance of the tasks required under the
special legal regulation ^ 8e) work permit.
(3) the obligations laid down by this law to the statutory business
the authority or a member of the statutory body of the company or cooperative
apply by analogy.
(4) employment for the purposes of this Act, shall not be considered if the
stranger posted a foreign employer for the purpose of increasing the
skills and qualifications on the basis of a contract with the Czech legal or
a natural person for the performance of his work for this foreign
the employer outside the territory of the Czech Republic. The Government decides which can be
stranger posted into the Czech legal or natural persons for the purpose of according to
the first sentence. The total period of stay of foreigners referred to in the first sentence shall not
exceed 6 months ^ 50).
§ 178c
Legal force of the decision on permanent residence permit lapses force
previously issued residence permission. The granting of residence permission
under special legislation ^ 2) ^ 3a) extinguishes the validity of the permission to
the stay, issued under this Act.
§ 178d
(1) the police shall inform the Ombudsman with a reasonable advance on the
each time the performance of administrative expulsion, transfer or transit of aliens and
provides authorized employees of the Office of the Ombudsman
the necessary synergies.
(2) the police forwarded to the Ombudsman a copy of the decision of the administrative
the expulsion decision to ensure the decision on the extension of the duration of the
ensure the decision to interrupt the collateral, decision on not releasing the
from the device, the decision about the location of secured foreigners to part with
strict mode and the decision on the extension of the location of secured foreigners
to part with a strict regime and shall inform it of the decisions of the Court of
actions brought against those decisions.
Section 179
The reasons for disallowing the travel
(1) the alien is not possible in the case of justifiable fears that if the
He was a stranger returned to the State of which he is a citizen of, or in the case of
that is a person without citizenship, to the State of their last permanent
residence, if he was in danger of a real risk of serious harm referred to in paragraph 2
and that cannot or is not willing to risk because of the use of such
the protection of the State of which he is a citizen, or his last permanent
residence.
(2) serious injury, pursuant to this Act shall be deemed to
a) death penalty or execution,
b) torture or inhuman or degrading treatment or punishment,
(c)) serious or life-threatening human dignity because of arbitrary
violence in situations of international or internal armed conflict,
or
(d)) if the alien has been in conflict with the international obligations of the
Of the Czech Republic.
(3) the provisions of paragraph 1 shall not apply if there is reasonable suspicion that the alien
and) committed a crime against peace, a war crime or
a crime against humanity as defined in international documents
containing provisions relating to these offences,
(b) he has committed a particularly serious crime),
(c) has committed a crime) that are contrary to the principles and objectives of the Organization
the United Nations, or
(d)) represents a danger to the security of the State.
(4) the provisions of paragraph 1 shall not apply if the alien also
and to commit the crime) referred to in paragraph 3 encourages or at their
committing or participating in
(b)) outside the territory has committed one or more crimes of different
from the offences referred to in paragraph 3, he left the State, which is
the alien citizen, or in the case of persons without citizenship State
its last permanent place of residence in order to avoid the criminal
prosecution for them, provided that the acts for which can be in the Czech
Republic may grant a custodial sentence.
(5) in the case referred to in paragraph 3 or 4 shall allow aliens to find you
within 60 days of receipt in another State. If the alien demonstrates that the
adoption in another State has not acquired, would allow him to the police to lodge a request for
Visa [§ 33 (1) (a))].
§ 180
Verification of the invitation and refusal of this verification
(1) the invitation to request the police verified physical or legal persons.
(2) the invitation shall be made on the official form. The inviting natural person in
the invitation shall indicate their name, last name, social security number, day, month and year
of birth and place of residence in the territory. Inviting legal person in the invitation on
stating your name, address and identification number of the person and the invitation must affix the
your stamp and name, surname and signature of the authorized person
(statutory body). The inviting person in further details about the invitation, called
aliens in the scope of name, surname and other names, day, month and year
of birth, nationality, place of residence abroad, the number of
the document, the purpose of the trip and the time at which the stranger invites to the territory.
(3) the police shall verify the invitation within 7 working days from the date of filing of the application for
verification of the invitation.
(4) the inviting natural person is required to appear at the police station, the seventh
working day from the date of the verification request an invitation, in agreement with the
the police even earlier, to pick up a certified invitation. A similar obligation to
the same applies to representative inviting legal person.
(5) the police denies authentication invitation
and if a stranger called) is recorded in the register of undesirable persons,
(b)) if the inviter on the request of the police, proven ability to meet
the obligation under section 15,
(c) if the inviter) has breached an obligation under section 15 or the obligation to
under section 100,
(d)) the determination of the grounds under section 9 (2). 1 (a). (h)), or as well),
(e)) if the inviter, the official form is filled in illegibly, incompletely
or falsely state, or
(f) if the person has not entered into) inviting travel medical insurance
Although honestly stated that it will do so.
(6) On the request of the police is obliged to fulfill the inviter's ability to
the obligation contained in the invitation demonstrated that:
and resources to stay) has called a stranger in the range specified in the
section 13,
(b)) has the resources in the amount of 0.25 times the amount of existential
minimum ^ 6) for each day of stay in the territory, where the alien will not be staying at the
the inviting person
(c) submit evidence of conclusion) of health insurance in the
benefit called alien or honestly declare that such insurance
closes before the entry of the alien into the territory of, or for any payment
the costs to the extent provided for in § 180j or has an amount of at least 60
000 EUR,
(d) the means of payment) with the costs associated with travelling
called the alien from the territory of the corresponding price of the tickets to the State
the travel document of your own, or to the State of his residence.
Demonstrate the ability to fulfill the commitment referred to in letters a to d)) shall not relieve the
the inviting person the obligation to pay any costs to the extent of the commitment
received in the invitation in their real size.
(7) the police in case of refusal of the verification of this fact the invitation inviting
the person shall notify in its appearance to the police. At the request of the inviting person
This fact without stating a reason for the refusal in writing.
(8) verification of the police shall indicate on the invitation.
Section 180a
Representative Office verifies that the person who issued the travel document
health insurance, is authorized to issue such a document.
section 180b
Identification card issued by the Ministry of Foreign Affairs
(1) identification card is a public deed valid only on the territory of the Czech
Republic, which the members of the personnel of the Embassy of a foreign State
or international governmental organization accredited in the Czech Republic, or
their family members are issued by Ministry of Foreign Affairs.
(2) identification card is proof of identity, the card also contains
information about the extent of privileges and immunities, which its holder shall enjoy in the territory of the
The Czech Republic for the period of registration of the Ministry of Foreign Affairs.
(3) identification card declares invalid the Ministry
Foreign Affairs.
section 180 c
Unaccompanied minor alien
For the purposes of this Act, means a stranger unaccompanied minors
the stranger at the age of 15 to 18 years old, who arrives in the territory without an escort
adult responsible for him according to the law in force in the territory of
the State whose citizenship of the alien under 18 years, or in the case that it is
a person without citizenship, on the territory of the State, his last place of residence,
After such period of time, after which it is actually not in the care of such a
of the person; a stranger unaccompanied minors means even an alien under the age of 18
years, which was left unaccompanied after they arrived on
the territory of ^ 9 c).
§ 180d
Additional information about the entry confirmation to the travel document of the alien
The aliens police, which travel document does not indicate the date and place of
entry into the territory, at the request and under the conditions laid down directly
the applicable law of the European Communities ^ 1)
Additionally confirms.
§ 180e
The new assessment of the reasons for refusal of the visa, the statement of the short-term visa
void or cancel its validity and a new assessment of the reasons for the refusal of
the entry of the alien into the territory of
(1) an alien is entitled to ask for a new assessment of the reasons
and short-stay visa, refusal)
(b) refusal, long-stay visa)
(c) the refusal of entry to the territory), pursuant to section 9 (2). 1 or 2, or
(d) the short-stay visa) or cancellation of the
the validity of.
(2) an application for a new assessment of the reasons referred to in paragraph 1 shall at stranger
the administrative authority which issued the decision in writing within 15 days of the
from the date of notification of the refusal of the visa, the cancellation of the validity of
short-stay visa or a declaration of nullity or short-stay visa
from the date when he was denied entry to the territory; submission of the application does not have
suspensory effect. If the communication was not possible for foreigners to deliver, the period
the deadline for the submission of the application to run on the day following the expiry of the 180
days from the date of submission of the application for a visa.
(3) an application for a new assessment of the reasons referred to in paragraph 1 shall contain the
information about who it serves, and in what is considered to be a contradiction with the laws
regulations or decisions or proceedings that preceded him.
The reason the request cannot be the fact that the alien does not justify or
indicated in the visa application or in connection with refusal of entry
on the territory.
(4) the administrative authority with which the application is lodged, it shall be forwarded within the time limit of 5
days from the date of its delivery to the competent administrative authority to
the assessment finds the reason for granting a short-term visa or
long-term visa, entry permit or maintain the validity of
short-stay visa. Administrative authority with which the application is made, may
to cancel or change the decision concerned, if the fully complies with the request for
the new assessment of the reasons referred to in paragraph 1.
(5) the application for a new assessment of the reasons referred to in paragraph 1 shall be assessed in the range of
its scope of the Ministry of Foreign Affairs, the Ministry and the
Directorate of foreign police services.
(6) the Ministry of Foreign Affairs to assess the consistency of the reasons for refusal
short-stay visa, the revocation of the short-stay visa or a declaration
short-term visa invalid, the Embassy decided, with
the reasons laid down by the directly applicable European Union law.
Ministry of Foreign Affairs to further assess the consistency of the reasons for cancellation
the validity of the short-term visa issued to foreigners, that the territory shall enjoy the
the relevant privileges and immunities, with reasons set out directly applicable
the law of the European Union, and in the case of a family member
the citizen of the European Union, with the reasons set out in section 20 (2). 5. In the framework of the new
assessing the compliance of the reasons for refusal of short-term visas is the Ministry of
Foreign Affairs is obliged to request a binding opinion of the police in
cases where the reason for its failure was the dissenting opinion
the police; the police shall deliver an opinion without delay.
(7) the Ministry assesses the consistency reasons, not on the short-stay visa
the border crossing with the reasons laid down directly applicable legal
Regulation of the European communities ^ 6a), and in the case of a family member
the citizen of the European Union, with the reasons set out in section 20 (2). 5, compliance reasons
refusal of entry to the territory with the reasons set out in section 9 (2). 1 or 2 with the
except in cases where such an assessment is the responsibility of the Directorate of services
the foreign police. The Commission established under section 170a assess the consistency of the reasons
long-stay visa refusal with the reasons set out in section 56.
(8) the Directorate of foreign police services, assess the consistency of the reasons for cancellation
the validity of the short-stay visa, unless the scope of the Ministry of
Foreign Affairs, with the reasons laid down directly applicable legal
Regulation of the European communities ^ 27) and in the period of validity of the decision on the
ensuring the protection of the internal borders under the specific legal
code ^ 3b) also assess the consistency of the reasons for not giving short-term visas
at the border crossing with the reasons laid down directly applicable legal
Regulation of the European communities ^ 6a), and in the case of a family member
the citizen of the European Union, with the reasons set out in section 20 (2). 5, compliance reasons
refusal of entry to the territory with the reasons set out in section 9 (2). 1 or 2.
(9) the competent authority shall inform the alien about the result of the new
assessment of the reasons for refusal of the visa, short short statement
visas for invalid or its validity or cancellation reasons for denial
the entry on the territory within 30 days of the date of receipt of the application and of the
the result of the new assessment of the reasons for not giving long-term visas within the time limit
within 60 days from the date of receipt of the request.
§ 180f
Partnership
(1) in this Act, if it is given the term "husband", "marriage", or
"the child of the husband" means (i) a partner of the partnership, the child of one of the
the partners entrusted into the care of a child or partner.
(2) as a partner for the purposes of this Act, the person shall be deemed to
proves that it has entered into a permanent community officially confirmed two
persons of the same sex.
(3) the partnership for the purposes of this Act, means the officially confirmed
the permanent community of two persons of the same sex provided for in paragraph 2.
§ 180 g
Reimbursement of the costs associated with teaching the Czech language and the test of knowledge
the Czech language
The alien is obliged to bear the costs associated with teaching the Czech language and
test of knowledge of the Czech language in the range specified by the particular legal
^ Regulation 10a).
§ 180h
Their stay in the transit area of an international airport
(1) the stay of foreigners in the transit area of an international airport police
exits, if they are detected, the reasons given in section 9 (2). 1 (a). (f)), g), (h))
or i).
(2) an alien shall be obliged to go back abroad within the time limit laid down
Visa statement, if it is not brought about the expulsion of foreigners from the territory
in accordance with this Act.
§ 180i
Travel health insurance for your stay up to 90 days
(1) the requirements for travel health insurance provides for the directly applicable
legal regulation of the European communities of 27 ^ ^).
(2) proof of the travel health insurance, referred to in paragraph 1 from
the alien does not require, if the insured is disabled under the Special
^ law 33), if the cost associated with the provision of
health services reimbursed on the basis of an international agreement or if
the alien proves that these services are paid for by other means, and that the
the basis of a written commitment to legal persons, if the stay of a foreigner on the territory of the
beneficial for the development of spiritual values, the protection of human rights and or
other humanitarian values, the protection of the natural environment, cultural
monuments and traditions, the development of science, education, sports and sports, or to
the basis of a written commitment to a public authority. Submission of the
travel health insurance is not required from foreigners, which
He could not, for reasons independent of his will to provide such insurance on the
the territory of the State of your residence or from an alien as referred to in section paragraph 42b. 3; in
this case, the alien shall be obliged to arrange insurance without undue
grace period for stay in the territory, at the latest within 3 working days from the date of
entry into the territory. Submission of the travel health insurance
Furthermore, it does not require, if the Embassy from his request for the grant of
a diplomatic or special visas dropped, if an alien is residing in the territory of
in the interest of the Czech Republic, or in the case of a citizen of the European Union or its
of a family member.
§ 180j
Travel health insurance when you stay over 90 days
(1) proof of the travel health insurance when you stay over 90 days
for the purposes of this Act, means the document by which the alien Shows
insurance covering the cost, which is obliged to pay for your
stay on the territory in case of acute and emergency health care,
including the costs associated with transporting or, in the case of his death
associated with transporting his mortal remains, to the State whose travel
custom document, or to another State, in which he is allowed to stay.
The amount of the stipulated limit of indemnity per insured event
amounts to at least EUR 60 000, and that without the participation of the insured in the amount of
given the cost.
(2) travel health insurance, referred to in paragraph 1 may be agreed:
and the insurance companies authorized to operate) this insurance on the territory of the ^ 45),
(b) the insurance undertaking) shall be entitled to such insurance operate in
the other Member States of the European Union or in a State which is
bound by the Agreement on the European economic area ^ 1 d), or in a State
whose travel document the alien custom, or in another State, in the
which the foreigner is allowed to stay.
(3) in the case of insurance contained an alien abroad at the same time with
proof of travel health insurance referred to in paragraph 1 shall submit:
and) certified translations of the insurance contract and general insurance
conditions in the Czech language, proving the conclusion of travel health
insurance, especially the scope of insurance, indemnity limit of 60
000 and the fact that the insurance is concluded without the participation of the
of the insured person,
(b) on request, proof of) the payment of premiums for insurance coverage on all the time
desired stay on the territory.
(4) evidence of travel health insurance, referred to in paragraph 1 from
the alien is not required if the disabled insured according to a special legal
^ Code 33) are the costs associated with the provision of health services
reimbursed on the basis of an international agreement or if the alien demonstrates that
These services are paid for by other means, and on the basis of the written
commitment to legal persons, if the stay of a foreigner on the territory of the good for
the development of the spiritual values, the protection of human rights or other
humanitarian values, the protection of the natural environment, cultural heritage
and traditions, the development of science, education, sports and sport, on the basis of
written undertaking by a public authority or on the basis of the commitment contained in the
the police authenticated the invitation pursuant to section 15.
(5) travel health insurance in case of an application for a visa to stay over
90 days, if it is applied on the territory of, or for an extension of period of stay to the
the territory can be agreed only for insurance companies authorized to operate this
insurance on the territory of the ^ 45) and must be agreed in comprehensive
medical care within the meaning of paragraph 7.
(6) the insurance contract concerning the insurance referred to in paragraph 1 shall not
exclude the granting of indemnity in the event of an accident, to which
occurred due to willful conduct, fault or contributory negligence
the insured person or as a result of ingestion of alcohol, narcotic drugs or
psychotropic substances the insured.
(7) comprehensive health care means healthcare provided
to the insured person by the health services provider to the insurer without the
the direct costs of treating the insured in order to maintain its
the State of health of the time prior to the conclusion of the insurance contract. From this
the insurance must not be excluded a preventive or health dispensary
care or health care related to pregnancy insured mothers and
the birth of her child.
(8) the Ministry of health shall lay down by Decree, the documents which
insurance undertakings from third countries cannot be recognized as travel documents
health insurance in accordance with paragraph 1.
§ 180 k
The scope provided for by this Act, the municipal office municipality with
extended jurisdiction and authorized the municipal authority is delegated
scope.
TITLE XIX
ENABLING AND TRANSITIONAL PROVISIONS
The enabling provisions
§ 181
The Government of the Czech Republic may, in the range specified by the directly applicable
legal regulation of the European communities ^ 6a) Regulation stipulate that
and on the alien with) waiver does not apply; in regulation
provides for persons whose stay in the territory is subject to the granting of visas,
(b) the alien on the territory) to stay without a visa after the period referred to in this
Regulation; the regulation shall define the circle of persons whose stay in the territory is not
subject to the granting of visas.
§ 182
(1) the Ministry of the law lays down the
and the photos and the number of elements) of the photos required from foreigners
under this Act,
(b)) after consultation with the Ministry of Foreign Affairs following the
directly applicable legislation of the European communities of 27 ^ ^), who
foreigners can reside in the transit area at the international airport
only on the basis of territory granted to an airport transit visa,
(c)) cost of accommodation, meals, and transportation within the territory of the alien
secured for the purpose of administrative expulsion,
(d)), after consultation with the Ministry of Foreign Affairs of the technical conditions and
the procedure for the acquisition and further processing of biometric data, including the
the procedure for the acquisition of biometric data for foreigners with unusual
anatomical or physiological conditions for facial image
or the acquisition of fingerprints on the right and left hands,
(e)), after consultation with the Ministry of Foreign Affairs a list of countries whose
the nationals are eligible to apply for the visa issue
for the long-term or permanent residence to another city
the Office than in the country of which the alien is a national, or
which issued the travel document, which is the holder of, or in the State,
in which the alien has allowed long-term or permanent residence,
(f)) of the technical conditions and procedure for the acquisition of biometric data and the
signature of foreigners for the purpose of issue of the licence for a residence permit,
g) specimen of the Protocol pursuant to section 117a, paragraph. 4 and the conditions of its
processing.
(2) the Ministry of communication in the collection of laws promulgated by the list border
transitions and a range of traffic on those crossings.
section 182a
(1) the Ministry of health shall lay down by decree a list of diseases that
could endanger the public health, and the list of diseases and disabilities which might
could seriously endanger public order.
(2) the Ministry of education, youth and sports, in agreement with the
the Ministry shall lay down for the purpose of obtaining a permanent residence permit on
territory in accordance with title IV of the Decree
the scope of the required knowledge and) Czech language,
(b)) list of schools eligible to perform for these purposes of the teaching of Czech language
and tests knowledge of the Czech language
(c) the document providing evidence of the pattern) knowledge of the Czech language.
(3) the Ministry of labour and Social Affairs for the purposes of the issuing of blue
cards in the collection of laws promulgated by the communication, the average gross annual salary in the
The Czech Republic with effect from 1. in May of the calendar year for a period of
12 calendar months.
§ 182b
The police is authorised to disclose information to the public in a manner
enabling remote access to the numbers of lost, stolen or
invalid foreign travel passports, identity cards, certificates of
residence permits, certificates of residence of a family member of a citizen
The European Union, certificates of permanent residence permit and licences for
permanent residence permit of the citizen of the European Union and the date of notification of the loss
or theft of those documents. Similarly, the police in the case of
the publication of the numbers of lost, stolen or invalid
confirmation of stay on the territory issued to European Union citizens.
Transitional provisions
§ 183
(1) the administrative proceedings initiated before the date of entry into force of this Act
completed under the legislation in force at the time of the initiation of the proceeding.
(2) the visa granted and the decision made before the date of entry into force of
This Act shall be construed as a visa and a decision under this Act,
unless provided otherwise below.
(3) a permanent resident allowed under the existing legislation, the
considered a residence permit.
(4) where other provisions speak of a short-term residence permit or
long term, means a temporary stay in the territory in accordance with this
the law.
(5) travel card, an identity card and a residence permit for foreigners
issued in accordance with the existing legislation is considered to be issued under
This Act after the period of validity indicated in it.
(6) Preservation of time written information registered before the effective
This law shall be governed by the provisions in force at the time of their registration,
If it does not exceed the period of time referred to in section 160, paragraph. 5. If indicated
preservation deadline period under section 160, paragraph. 5, or if no individual
registered files, operator of the period marked by the preservation of these
registration materials will assess from the perspective of their retention by the
special legal regulation ^ 24) and materials with no archival value
destroy.
(7) the most current records of the funds will perform their operator
within 30 years from the effective date of this Act.
(8) decision to ban stays stored according
regulations is not affected. This decision shall be construed as a decision on the
administrative expulsion.
(9) the present decision of the Government on the abolition of the visa requirement shall remain in
valid for 24 months from the effective date of this Act.
section 184
cancelled
section 184a
Czech Republic on the basis of the commitments assumed by ratifying the Convention on the
rights of the child, ^ 27) as an international treaty on human rights and
fundamental freedoms referred to in article. 10 of the Constitution of the Czech Republic, and with the reference
in particular, on the provisions of the article. 23 paragraph. 2 and 3, article. 24 paragraph. 1 and 2 of the Convention,
undertakes to pay the health care provided to newborns in narozenému
period from 1. January 2000 until the effective date of this Act, aliens who
they have the right of permanent residence on the territory and on the basis of a residence permit for
the conditions that the newborn in this period has not been medically insured.
Payment of care shall be made from the special account, which for this purpose from the
the funds of the State budget, establish a Ministry of health.
PART THE SECOND
cancelled
§ 185
cancelled
PART THE THIRD
Amendment of the Act on administrative fees
§ 186
Administrative fees
The annex to the Act No 368/1992 Coll., on administrative fees, as amended by
Act No. 10/1993 Coll., Act No. 72/1994 Coll., Act No. 85/1994 Coll.
Act No. 273/1994 Coll., Act No. 36/1995 Coll., Act No. 118/1995 Coll.,
Act No. 160/1995 Coll., Act No. 301/1995 Coll., Act No. 151/1997 Coll.,
Act No. 305/1997 Coll., Act No. 148/1998 Coll., Act No. 157/1998 Coll.,
Act No. 167/1998 Coll., Act No. 63/1999 Coll., Act No. 167/1999 Coll.,
Act No. 167/1999 Coll. and Act No. 223/1999 is amended as follows:
1. Under item 99 (a). and) the words "or a travel card
the identity ".
2. Under item 99 of the Liberation:
"Liberation:
The fee is exempt from release travel of the annex for children up to 15 years. ".
3. In item 99, the following note, which including the title:
"Note:
The administrative authority does not select the fee for the issue of a travel document from the power
official. ".
4. item 100, including the note reads as follows:
"Item 100
and the residence permit for foreigners) Czk 1 0.0-
(b)) a residence permit, foreigners under the age of 15 years, $ 500.0-
(c) the extension of validity of licence) the residence permit
$ 1 for foreigners-0.0
(d) changes in the identity card) the implementation of the residence permit for
foreigners (for each change) $ 300.0-
(e)) issue of a certificate of residence permits for foreigners
replacement for identity card is damaged, destroyed, lost
or stolen Czk 1 0.0-
Note:
The administrative authority does not select the fee for issue of a certificate of residence permits
a substitute for decisions on residence permits and for the issue of this licence
the replacement for the confirmation of permanent residence permission. ".
5. item 101, including liberation, empowerment and notes:
"Item 101
and the Czech visa to) the granting of the stay on the territory of the Czech
Republic on the border crossing to the Czech Republic Czk 1 500.0-
b) visa to stay over 90 days in the territory of the Czech
Republic of CZK 1 0.0-
(c) the granting of a transit visa) one-way, výjezdního
Visa, visa for the purpose of prolonging the stay on the territory of the
Czk-Czech Republic 200.0
(d) extension of period of stay) on a visa to stay for 90 days
granted at the border crossing to the Czech Republic, or
the Czech Embassy $ 200.0-
(e) extension of period of stay) on a visa to stay over 90 days,
including the extension of its validity of Czk 1 0.0-
(f)) the extension of the visa sufferance stay
$ 200.0-
(g) the invitation to foreigners) validation of the Czech Republic Czk 200.0-
Exemption:
From the fees referred to in this item is exempt:
and the granting, extension) or stay on the Czech visa from
the reasons for medical help.
(b) the Grant or renewal of) the Czech visa to foreigners under the age of 15
years. For Czech visas and registration of a child under the age of 15
years of age who was born on the territory of the Czech Republic into the visa legal representative. From
the fee under this item is exempt and the extension of the period of stay on
the Czech visa for foreigners under the age of 15 years.
(c) the granting of visas on Czech) border crossing to the Czech Republic aliens,
who asked for temporary protection, and granting the Czech visa qualifying
foreigners to stay, for the purpose of temporary protection, which has asked on the territory
The Czech Republic, including the extension of its validity.
Empowerment:
1. the governing body may charge under this item may be waived or
the fee cut, if reciprocity is maintained.
2. the administrative authority may waive the fee under this item, if the
Czech visa at the border crossing for the purpose of necessary stay
on the territory of the Czech Republic in air transit transport safe
the landing of aircraft or in other cases of emergency are not attributable to a stranger
or if the alien is returned back to the territory of the Czech Republic the foreign authorities
State.
Note:
The administrative authority selects the fee referred to in subparagraph (e)) this item in
the case, if it is extended only to the period of stay.
The administrative authority does not select the fee if done under the zpoplatňovaný Act
This item ex officio. ".
6. item 132 point 1:
"1. The granting of
and Visa to stay) within 90 days of a one-time, transit
one-way airport visa visa, one-way, $ 800.0-
b) Visa to stay for 90 days multiple $ 3 0.0-
c) Visa for a stay over 90 days Czk 1 500.0-
d) two-way airport transit visa, visa
bidirectional CZK 1 200.0-
e) transit visas without limiting the number of paths of Czk 3-0.0 ".
7. In item 132 exemption:
"Liberation:
From the fees referred to in this item is exempt
-the granting of diplomatic visas or a special visa if it is maintained
reciprocity,
-the granting of a visa, a major Czech persons persons under 15 years of age, or of the
reasons of medical and humanitarian aid,
-Visa for the purpose of the takeover of the residence permit,
-Visa for the purpose of study is to maintain reciprocity. ".
8. item 153 and letter):
"and the issue of permits to) stay Czk-200.0".
PART THE FOURTH
The amendment to the law on travel documents
§ 187
Act No. 216/1991 Coll. on travel documents and travel abroad,
as amended by Act No 150/1996 Coll., is hereby amended as follows:
The provisions of § 5 (3). 3, § 11 and 26 shall be deleted.
PART THE FIFTH
The amendment of the code of civil procedure
section 188
Act No. 99/1963 Coll., the code of civil procedure as amended by Act No. 36/1967
Coll., Act No. 49/1973 Coll., Act No. 20/1975 Coll., Act No. 133/1982
Coll., Act No. 180/1990 Coll., Act No. 328/1991 Coll., Act No. 519/1991
Coll., Act No. 263/1992 Coll., Act No. 24/1993 Coll., Act No. 171/1993
Coll., Act No. 117/1994 Coll., the Act No. 152/1994 Coll., the Act No. 216/1994
Coll., Act No. 84/1995 Coll., Act No. 118/1995 Coll., Act No. 160/1995
Coll., Act No. 237/1995 Coll., Act No. 247/1995 Coll., ruling
Court No. 31/1996 Coll., Act No. 142/1996 Coll., the finding of the Constitutional Court No.
269/1996 Coll., Act No. 202/1997 Coll., Act No. 227/1997 Coll., Act No.
15/1998 Coll., Act No. 91/1998 Coll. and Act No. 165/1998 Coll., amended
as follows:
1. In § 120 paragraph. 2, after the words "the re-establishment of their activities," added
a comma and the words "shall be inserted in the control of the legality of providing foreigners and on the
his release ".
2. the following section is inserted after section 200n 200o until 200u, including title and
footnote No 34e) as follows:
"The procedure for ensuring the legality of aliens and on his release
§ 200o
(1) if the authority of the police of the Czech Republic (hereinafter referred to as "the police")
been decided under a special legal regulation ensuring 34e) ^ ^
the alien, the alien may apply to the Court with a proposal to review
the final decision on the legality of the seizure and ordered the release.
The submission of a proposal does not have a suspensory effect on the enforceability of the decision.
(2) if it was not closed ensure foreigners under the Special
legal regulation 34e), ^ alien may apply to the Court with a proposal to
He ordered his release on the grounds that the conditions are not fulfilled,
for the duration of his collateral provided for a special legal regulation.
(3) an application referred to in paragraph 1 shall, in addition to the General requirements (§ 42 paragraph.
4) contain the designation of the parties, indicate the decision that
attacks, placing reasons in what the appellant sees the illegality
the decision, the indication of the evidence which the claimant, and shall be
It does appear, what the applicant is seeking.
(4) the proposal referred to in paragraph 2 must, in addition to the General requirements (§ 42 paragraph.
4, § 79 paragraph. 1) include a reference to the decision, which has been
decided to ensure the petitioner must be mentioned, in which
the facts the appellant sees the illegality of the duration to ensure
the designation of the evidence which the claimant, and shall be
the petition, the petitioner is seeking.
(5) the applicant is obliged to attach to the proposal, which the documentary evidence
relied on, if it's not about the documentary evidence contained in the writings of
the respondent, which issued the decision.
§ 200 p
(1) the procedure is the Court in whose district the device for
the Czech Republic (hereinafter referred to as "equipment"), in which the petitioner is required to
the delay; If the applicant at the time of the filing of the proposal is not in the device
the competent court, in whose district is the seat of the authority
the police, who decided to ensure the petitioner.
(2) the parties are the applicant and the competent authority of the police, which
issued the decision.
§ 200q
(1) the proposal shall be submitted to the competent court or through the authority
the police, who issued the decision.
(2) the Court requests the writings, which ensure the petitioner's concern. Authority
the police is obliged to submit to the Court without delay. If the proposal is filed
through the authority of the police, this authority is obliged to draft
connect the writings, which a petitioner's concern, and deliver them together with
the proposal to the competent court within 24 hours.
§ 200r engines
(1) the competent authority of the police, which issued the contested decision, it is
shall allow the applicant's participation in the negotiations.
(2) the negotiations need not be told if the contents of the file is
no doubt that the decision to ensure it is illegal or not
the fulfilment of the legal conditions for the duration of the collateral.
§ 200s
(1) if it is filed in accordance with paragraph § 200o. 1, the Court shall give evidence
needed for the assessment of the correctness of the contested decision and for
the assessment of whether the reasons for ensuring lasting; the reason ensure cannot be
being changed. The evidence made in proceedings that preceded the contested
the decision, the Court may take their findings if it is
in its proposal, the applicant has not disputed.
(2) for the review of the legality of the decision of the Court is crucial for
the facts that there was at the time of the contested decision. To
defects of the proceedings before the Court shall take into account the authority of the police, only if incurred
the defects affect the legality of the contested decision.
(3) if the Court concludes that the contested decision is lawful,
Decides that the proposal is rejected. otherwise the contested decision and order the
the release of the petitioner's freedom. If the proposal was rejected, but the
the reasons for the contested decision was issued are no longer valid, shall decide
to release the petitioner's freedom.
§ 200t
If the Court after consideration of the proposal referred to in section paragraph 200o. 2 to conclude that
are not met the conditions laid down for the duration to ensure specific
law, shall decide on the release of the petitioner's freedom.
If the proposal is rejected, it is the responsibility of the applicant the right to claim from the
for the same reasons the next review of the legality of the duration to ensure
After the first 3 weeks of the decision.
§ 2207
(1) the Court is obliged to discuss the proposal of priority and with the largest
by accelerating.
(2) the Court shall decide by resolution.
(3) against the order of the Court are not remedies permitted.
(4) service of the claimant is a resolution enforceable.
(5) if the Court ordered the release of petitioner's resolution on freedom to
the hearing shall be forwarded to this resolution, the parties immediately after its
publication. If it was decided without a hearing, the Court shall transmit the resolution of the
the interested parties within 24 hours of its release. The authority of the police, which
issued a decision regarding the securing, in both cases after delivery
shall immediately take the measures that the authority of the police, which operates
the device, in which the petitioner is secured, the petitioner without delay
He dismissed.
34e) Act No. 326/1999 Coll., on stay of foreigners on the territory of the Czech Republic and
on the amendment of certain laws
PART SIX
FINAL PROVISIONS
section 189
Cancellation provisions
Shall be deleted:
1. Act No. 123/1992 Coll., on stay of foreigners on the territory of the Czech and Slovak
Federative Republic.
2. Act No. 191/1994 Coll., amending and supplementing Act No. 123/1992
Coll. on the stay of foreigners on the territory of the Czech and Slovak Federal Republic.
3. Article I of law No. 150/1996 Coll., amending and supplementing Act No.
123/1992 Coll., on stay of foreigners on the territory of the Czech and Slovak Federal
Of the Republic.
section 190
The effectiveness of the
This law shall enter into force on 1 January 2005. January 1, 2000.
Klaus r.
Havel in r.
in the from the. r. Spidla in
Selected provisions of the novel
Article II of Act No. 140/2001 Coll.
The transitional provisions of the
The provisions of § 175 of the Act No. 326/1999 Coll., on stay of foreigners on the territory of the
The Czech Republic and on an amendment to certain acts, as amended by article. I, section 125
This law also applies to any other international treaty, which governs the
the conditions for the entry of the alien into the territory of his sojourn and departure
the alien from the territory, if entered into force before 1 January 2006. July 2001.
Article IV of Act No. 217/2002 Sb.
TRANSITIONAL PROVISIONS
1. The holder of a residence permit issued before the date of effectiveness of the
This Act shall be regarded as foreigners, which was a permanent residency
the territory pursuant to this Act. The holder of the licence referred to in the first sentence shall issue
Police confirmation of permanent residence permit, it shall do so no later than at the
the first extension of validity of the licence; certificate of authorization
permanent residence is considered to be administrative decisions concerning the authorisation of permanent
the stay.
2. A citizen of the European Union, ^ 1b) who is the holder of a certificate of authorization to
the stay, issued before the effective date of this Act, shall, within a period
within 180 days after the entry into force of this provision appear to the police
to exchange the licence to a licence for a residence permit for a national
of a Member State of the European communities; the police aliens
at the same time issues the certificate referred to in point 1.
3. A citizen of the European Union, ^ 1b) who is the holder of a certificate of authorization to
the stay issued after the effective date of this law, is obliged within
180 days after the entry into force of the provisions of the police to
Exchange of licence to a licence of residence permit for a national of a
the Member State of the European communities.
4. A citizen of the European Union, which on ^ 1b) territory is staying on the basis of a visa to
stay over 90 days, is obliged within 180 days after the entry into force of
This provision appear to the police for the purpose of certification of
the residence permit for a national of a Member State of the European
the community and the revocation of the visas.
5. the Member of the family who is not a citizen of the European Union) and ^ 1b territory
staying on the basis of a visa for a stay over 90 days, is obliged within 180
days after the entry into force of this provision appear to the police for
the purpose of the issue of a certificate of revocation of the residence permit and visa.
6. the proceedings initiated before the date of effectiveness of this law shall be completed in accordance with
of this law; This does not apply to the proceedings of the administrative tort, which completes the
According to the existing legislation.
7. the application for a residence permit from the citizen of the European Union ^ 1b) before
the effectiveness of this provision shall be considered a request for permanent
the stay.
8. the application for a residence permit from the family member of a citizen
The European Union ^ 1b) before the effect of this provision is deemed to
application for a permanent residence permit if the conditions are met by
of this law.
9. application for a visa to stay over 90 days from the citizen of the European Union ^ 1b)
before the effect of this provision is deemed to be a request for authorisation to
temporary residence permit.
10. the application for a visa to stay over 90 days from the family
the citizen of the European Union ^ 1b) before the effect of this provision is considered to be
for an application for a temporary residence permit if the conditions are met
in accordance with this Act.
11. An alien who is entitled to temporary residence in the territory without a visa, and
on the territory of the entered prior to the date of the effectiveness of this provision, shall be obliged to
comply with the notification obligation provided for in the existing legislation.
Article II of Act No. 222/2003 Coll.
Transitional provisions
1. the proceedings initiated before the date of entry into force of this law shall be completed
According to the legislation in force at the time of initiation of the proceeding.
2. the request for the extension of the period of validity of the visa for the purpose of prolonging the stay of
the territory brought before the date of entry into force of this Act shall be deemed to
request for authorization for a long-term stay for the purpose of prolonging the
stay on the territory, if the conditions provided for in § 43; Police issue
strangers pass for a residence permit.
3. Where the legislation of the other talks about the alien's stay on
long-term visa, this means staying on the visa to stay over 90 days and
stay on the long-term residence permit.
4. Where other legislation is in talks about a visa for the purpose of prolonging the
the stay means a visa to stay over 90 days for the purpose of prolonging the
stay on the territory and long-term residence permit for the purpose of prolonging the
stay on the territory.
5. Pending the entry into force of the point referred to in article 39. And the stranger,
which has been granted a visa under section 7 (2). 1 (a). and Act No.)
326/1999 Coll., as amended by this Act, for the purposes of the payment of the provision
health care be considered foreigners, has been granted permission to
stay for the purpose of temporary protection, ^ 3a) unless the payment of some other
in a way.
6. Temporary protection provided under the present legislation is considered to be
for temporary protection in accordance with the law on the temporary protection of aliens from the date
the acquisition of its effectiveness.
7. The forms for visa applications, according to the existing legislation can be
continue to use, and the date of the accession treaty
The Czech Republic to the European Union.
Article II of law no 428/2005 Sb.
Transitional provisions
1. the application for a visa to stay over 90 days from the date of acquisition
the effectiveness of this law for the purpose of cohabitation of the family is considered to be
for an application for the issue of long-term residence permit for the purpose of the common
the coexistence of the family.
2. the procedure for applications for long-term residence permit for the purpose of
cohabitation family, filed before the date of entry into force of this
the law shall be completed in accordance with the Act No. 326/1999 Coll., as amended effective from
date of entry into force of this Act.
3. the application for extension of period of stay on visa to stay over 90 days
the purpose of the cohabitation of the family shall be considered a request to release
long-term residence permit for the purpose of cohabitation of the family.
4. the application for the licence renewal of the permit to the long-term
stay made prior to the date of entry into force of the law will be dealt according to the law
No. 326/1999 Coll., as amended, effective from the date of entry into force of this
the law.
5. the holder of the visa to stay over 90 days before the date of entry into force of
This Act has been granted for the purpose of marriage in the family
the range specified in § 42 paragraph. 1 of the Act No. 326/1999 Coll., as amended by
the effective to date of the entry into force of this law, is obliged within
December 31, 2005 to attend the police to exchange this visa card
about residence permits.
6. The designation of the visa shall be made upon presentation of proof of travel
health insurance.
7. ensure the mode change will be carried out in each of the establishments
gradually, from the date of entry into force of this Act, until 31 December 2006. December 2005;
by the time this mode changes the police performs tasks according to the existing legal
editing.
8. Powers to the establishment and operation of the facilities under Title XII of the Act
No. 326/1999 Coll., as amended, effective from the date of entry into force of this
the law, passed on to the Ministry on 1 July. January 1, 2006.
Article. XXIV Act No. 112/2006 Sb.
The transitional provisions of the
The procedure for applications for visa, issue a permit to the long-term
stay or permanent residence permit have been transmitted before the date of
the effectiveness of this law shall be completed in accordance with the existing legislation.
Article. VII of Act No. 137/2006 Coll.
1. the proceedings initiated by the date of entry into force of this law shall be completed
According to the Act No. 326/1999 Coll., as amended, effective until the date of entry into force of
of this law.
2. Travel documents with the data carrier containing the biometric data on the
fingerprint data are issued from 1 January 2003. April 2009.
Article II of Act No. 161/2006 Sb.
Transitional provisions
1. the application for a visa to stay over 90 days for the purpose of study made pursuant to
Act No. 326/1999 Coll., as amended, effective the day of the entry into force of this
of the Act, is deemed to be a request for the issue of long-term residence permit
in order to study the territory pursuant to Act No. 326/1999 Coll., as amended by
effective from the date of entry into force of this Act are met.
the conditions under section 42d of Act No. 326/1999 Coll., as amended, effective from the date of
the entry into force of this law.
2. the procedure for applications for long-term residence permit for the purpose of
the study made pursuant to Act No. 326/1999 Coll., as amended, effective the day
the entry into force of this law shall be completed in accordance with Act No 326/1999
Coll., as amended, effective from the date of entry into force of this Act, if
the conditions under section 42d of Act No. 326/1999 Coll., as amended effective
from the date of entry into force of this Act.
3. the procedure for the issuing of a residence permit filed pursuant to the Act No.
326/1999 Coll., as amended, effective the date of the entry into force of this Act,
he completes according to Act No. 326/1999 Coll., as amended, effective the day of acquisition
the effectiveness of this Act.
4. The request for an extension of period of stay on visa to stay over 90 days
the purpose of the study made pursuant to Act No. 326/1999 Coll., as amended effective to
date of entry into force of this law, shall be considered a request for release
long-term residence permit for the purpose of the study in the territory according to law
No. 326/1999 Coll., as amended, effective from the date of entry into force of this
the law, if the conditions are met under section 42d of Act No. 326/1999 Coll., on the
the texts of the effective date of the entry into force of this law.
5. The police request for the award of the legal status of foreigners resident in the
the territory under section 83, paragraph. 2 of the Act No. 326/1999 Coll., as amended effective from
date of entry into force of this Act, to have been filed within one year after the entry into
the effectiveness of this law, be dealt within 180 days from the date of submission of the
request.
6. Permission for permanent residence, which was entrusted to foreigners
by decision of the competent authority alternative education ^ 10 c) up to the date of acquisition
the effectiveness of this law, shall be deemed a stay pursuant to section 65 paragraph. 1 of the law
No. 326/1999 Coll., as amended, effective from the date of entry into force of this
the law, if on the date of effectiveness of this law from achieving its
the age of majority has not more than 30 days.
7. the procedure for the issuing of permits for temporary or permanent
stay of a citizen of the European Union submitted or his family
According to the Act No. 326/1999 Coll., as amended, effective until the date of entry into force of
This law shall be completed in accordance with the Act No. 326/1999 Coll., as amended by
effective until the date of entry into force of this Act.
8. A citizen of the European Union, which is the holder of a licence of residence permit
for the European Community issued by national for the purpose of
temporary residence on the territory by Act No. 326/1999 Coll., as amended by
effective until the date of entry into force of this Act, is entitled to at the time of
the validity of the licence to ask police about his exchange for acknowledgement of
a temporary stay in the territory by Act No. 326/1999 Coll., as amended by
effective from the date of entry into force of this Act.
9. Family Member of citizen of the European Union, which itself is not a citizen
The European Union is entitled to a licence at the time of validity of the residence permit
issued for the purpose of temporary residence in the territory by Act No. 326/1999
Coll., as amended, effective the date of the entry into force of this Act, apply for
his replacement for the residence card of a family member of a citizen of the European
Union pursuant to Act No. 326/1999 Coll., as amended, effective from the date of acquisition
the effectiveness of this Act and, if a licence is issued for the purpose of permanent
the stay pursuant to Act No. 326/1999 Coll., as amended, effective the day of acquisition
the effectiveness of this law, shall be entitled to ask for his exchange for the card by
permanent residence permit pursuant to Act No. 326/1999 Coll., as amended by
effective from the date of entry into force of this Act.
10. Residence permits issued pursuant to Act No. 326/1999 Coll., as amended by
the effective to date of the entry into force of this law, shall be construed as enabling
permanent residence under Act No. 326/1999 Coll., as amended effective from
date of entry into force of this Act.
11. card for a residence permit for a national of a Member State
Of the European communities pursuant to Act No. 326/1999 Coll., as amended effective
to the date of entry into force of this law shall be considered card
permanent residence of a citizen of the European Union pursuant to Act No. 326/1999 Coll., on the
the texts of the effective date of the entry into force of this law, and it can be issue
until 31 December 2006. December 2007.
12. the procedure for administrative expulsion instituted by Act No. 326/1999 Coll.
in the texts of the effective to date of the entry into force of this law shall be completed
According to the Act No. 326/1999 Coll., as amended, effective from the date of entry into force of
of this law.
13. Request for release of the security, which was not used to cover the costs
associated with the administrative expulsion, the alien from the territory, an alien shall be entitled to
under Act No. 326/1999 Coll., as amended, effective the day of acquisition
the effectiveness of this Act, not later than 1 year after the date when he ended
the validity of the visa. Representative Office is obliged to guarantee that was not
used to cover the costs referred to in the first sentence, the aliens return.
Article II of law No 379/2007 Sb.
The proceedings initiated before the date of entry into force of this law shall be completed
According to the Act No. 326/1999 Coll., as amended, effective until the date of entry into force of
of this law.
Article. (II) Law No 427/2010 Sb.
Transitional provisions
1. Proceedings under the Act on the stay of foreigners on the territory of the Czech Republic,
initiated before the date of entry into force of this law, and to this day
hedge contingent exposures, completes, and the rights and obligations related to
be assessed according to the Act No. 326/1999 Coll., as amended, effective the day of acquisition
the effectiveness of this Act.
2. Certificates of residence permit issued under the Act No. 326/1999 Coll., on the
the texts of the effective to date of the entry into force of this law, shall be construed as
passes for a residence permit pursuant to Act No. 326/1999 Coll., as amended by
effective from the date of entry into force of this Act.
3. card of the residence permit of a family member of a citizen of the European
Union pursuant to Act No. 326/1999 Coll., as amended, effective the day of acquisition
the effectiveness of this law, is considered a residence card of a family
a citizen of the European Union pursuant to Act No. 326/1999 Coll., as amended by
effective from the date of entry into force of this law, and it can be issue
until 31 December 2004. December 2012.
4. the procedure for the granting, renewal, and the period of stay for long
Visa, a long-term residence permit, temporary residence permit,
extension of the period of validity of such permission and revocation
the validity of the long-term residence permit or a temporary permit
stay launched in 31. December 2010 completes the Ministry according to the
the existing legislation.
5. the conditions governing the duration to ensure the alien, which was decided by
Act No. 326/1999 Coll., as amended, effective the day of the entry into force of this
the law shall be assessed in accordance with the Act No. 326/1999 Coll., as amended effective from
date of entry into force of this Act.
Article. (II) Act No. 101/2014 Sb.
Transitional provisions
1. the procedure provided for in Act No. 326/1999 Coll., which began before the date of entry into
the effectiveness of this law, and to this day, completes and hedge contingent exposures rights
and duties related thereto shall be assessed pursuant to Act No. 326/1999
Coll., as amended effective before the date of entry into force of this Act.
2. An alien staying in the territory of the Czech Republic on the basis of a visa to stay
over 90 days for the purpose of employment granted in accordance with the Act No. 326/1999 Coll.
in the version effective before the date of entry into force of this Act, not after
the entry into force of this law shall be entitled to request the authorisation to
long stay under section 42 of Act No. 326/1999 Coll., as amended effective
from the date of entry into force of this law, is, however, entitled to request
the issue of employee cards pursuant to Act No. 326/1999 Coll., as amended by
effective from the date of entry into force of this Act.
3. Green card issued pursuant to Act No. 326/1999 Coll., as amended effective
before the date of entry into force of this Act, shall remain in force for a period of
It referred to and from the date of entry into force of this Act shall be deemed to
employee card.
Article. IV of Act No. 314/2015 Sb.
paid
Article. XII of Act No. 318/2015 Sb.
Transitional provisions
1.
paid
2. In the period from 15. December 2015 to 31. December 2015 cannot submit an application
the extradition of aliens ' passports machine readable data and data bearer
biometric data or take over.
1) European Parliament and Council Regulation (EC) No 562/2006 of 15 March 2006.
March 2006 establishing a Community code on the rules
governing the movement of persons (Schengen borders code).
1A) the Treaty establishing the European Community.
1B) the Treaty establishing the European Community.
1 c) for example, Treaty of the European communities and the Member States on the
the one part, and the Swiss Confederation.
1 d) of annex V and VIII to the agreement on the European economic area.
2) Act No. 325/1999 Coll., on asylum and on the amendment of Act No. 283/1991 Coll., on the
The police of the Czech Republic, as amended, (asylum Act),
in the wording of later regulations.
3) Law No 310/1999 Coll., on stay of the armed forces of other States on the
the territory of the Czech Republic.
3A) Law No. 216/2002 Coll., on the protection of the State borders of the Czech Republic and
on the amendment of certain laws (law on the protection of the State borders).
3A) Law No 221/2003 Coll., on the temporary protection of foreigners.
4) Act No. 49/1997 Coll., on civil aviation and amending and supplementing
Act No. 455/1991 Coll., on trades (Trade Act),
as amended by Act No. 189/1999 Sb.
4A) Council Regulation (EC) no 2133/2004 of 13 April 2004. December 2004
the competent authorities of the Member States the obligation to systematically
stamp the travel documents of nationals of third
countries when crossing the external borders of the Member States and to the
to this end the Convention implementing the Schengen Agreement and the common
Guide.
5) Top Twenty-five criminal procedure.
5A) the agreement between the Governments of the States of the Benelux Economic Union, the Federal
Republic of Germany and the French Republic on the gradual abolition of
checks at their common borders, signed in Schengen in Luxembourg
the Grand Duchy on 14 July. June 1985.
Convention signed 19 April. June 1990 in Schengen between the Belgian
Kingdom, the Federal Republic of Germany, the French Republic,
Luxembourg Grand Duchy of Luxembourg and the Kingdom of the Netherlands for the implementation of
the agreement signed on 14 July. June 1985 on the gradual abolition of checks
on the common borders.
5B) head of the twenty-fifth of the criminal code.
5 c) Council decision 2004/574/EC of 29 April 2004. April 2004 amending
Part II of the common manual.
5 d) section 101 of the Act No. 500/2004 Coll., the administrative procedure code.
6) § 5 (3). 1 of law No 110/2006 Coll., on environmental and existential minimum.
6a) Council Regulation (EC) No 539/2001 of 15 March 2001. March 2001
the list of third countries whose nationals must be in
crossing the external borders, as well as the list of third countries,
whose nationals are exempt from that requirement, in
as amended.
7) § 26 to 32 of the Act No. 283/1991 Coll., on the police of the Czech Republic, in the
the text of Act No. 163/1993 Coll.
§ 18 paragraph 7A). 1 of Act No. 49/1997 Coll., on civil aviation.
7B) a Council decision on a joint action adopted by the Council on the basis of the article. To 3
paragraph. 2 (a). (b)) of the Treaty on European Union concerning travel options
pupils from third countries resident in a Member State
(94/795/JHA).
7 c) to Council Directive 2003/109/EC of 25 November 2003. November 2003 on the legal
the status of third-country nationals who are long-term
residents.
8B) Act No. 48/1997 Coll., on public health insurance and amending and
Tween related laws, as amended.
8 c) Council decision 2004/17/EC of 22 December 2004. December 2003, amending
Part V, point 1.4, the common consular instructions and part I, point 4.1.2.
The common manual with regard to the inclusion of the requirement for proof of the conclusion of the
travel health insurance between the documents for the granting of a single
entry visa.
8 d) of the Convention implementing the Schengen Agreement signed on 14 July. June 1985
between the Governments of the States of the Benelux Economic Union, the Federal Republic of
Germany and the French Republic on the gradual abolition of checks at the
the common borders.
The Executive Committee decision SCH/Com (99) 13 of 28 July 1999. April 1999 on the
the final text of the common manual and the common consular instructions.
Council decision 2004/17/EC of 22 December 2004. December 2003, amending
Part V, point 1.4, the common consular instructions and part I, point 4.1.2.
The common manual with regard to the inclusion of the requirement for proof of the conclusion of the
travel health insurance between the documents for the granting of a single
entry visa.
8e) Act No. 435/2004 Coll. on employment.
8f) Law No. 455/1991 Coll., on trades (trade licensing
Act), as amended.
8 g) Act No. 277/2009 Coll., on insurance.
9) Act No. 150/2002 Coll., the administrative court rules, as amended
regulations.
9A) Council Directive 2001/40/EC of 28 June 1999. May 2001 on the mutual
recognition of decisions on the expulsion of third country nationals.
9B) section 149 of the Act No. 500/2004 Coll., the administrative procedure code.
9 c) to Council Directive 2003/86/EC of 22 December 2004. September 2003 on the right to merge
family.
9 d) § 2 and 3 of the law No 110/2006 Coll., on environmental and existential minimum.
9E) § 26 paragraph. 1 of Act No. 117/1995 Coll., on State social support, in
as amended.
9f) Council Directive 2004/114/EC of 13 June 2002. December 2004 on the conditions of
acceptance of third-country nationals for the purposes of studies, pupil exchange
visits of pupils, unpaid training or voluntary service.
9 g) Council Directive 2004/81/EC of 29 April 2004. April 2004, concerning the
the issue of a residence permit for third-country nationals who became victims of
trafficking in human beings or who have become objects of the smuggling and
cooperate with the competent authorities.
9 h) § 232a of the criminal law.
9i) section 171a, and 171d of the criminal code.
9J) Law No 341/2005 Coll., on public research institutions, as amended by
Law No 379/2007 Sb.
9 k) Act No. 111/1998 Coll., on universities and amending and supplementing
other laws (the law on universities), as amended
regulations.
9N) § 26 paragraph. 1 of Act No. 117/1995 Coll., on State social support, in
as amended.
9about) section 24, paragraph. 2 of law No 111/2006 Coll. on assistance in material need.
10) section 57 of the Act No. 140/1961 Coll., the criminal code, as amended
regulations.
10A) Act No. 561/2004 Coll. on pre-school, primary, secondary, higher
vocational and other education (the Education Act), as amended
regulations.
10B) for example, section 114 of the Act No. 561/2004 Coll.
10 c) Act No. 94/1963 Coll., on the family, in the wording of later regulations.
11) section 12 of Act No. 325/1999 Coll., as amended by law No. 2/2002 Coll. and act
No 165/2006 Sb.
11A) Decree No. 326/2000 Coll. on the method of labelling and other
public spaces, how to use the names and location of the numbers to
the designation of the buildings, on the terms and the renumbering of the buildings and of the procedure and
notification numbers and documents necessary for the allocation of numbers, in the text of the
Decree No. 193/2001 Sb.
11B) § 17a of the Act No. 94/1963 Coll.
11 c) section 27 of Act No. 592/1992 Coll., on premiums for general health
insurance, as amended.
12) section 27 of Act No. 592/1992 Coll., on premiums for general health
insurance, as amended by Act No. 15/1993 Coll., Act No. 59/1995 Coll.,
Act No. 176/2002 Coll. and Act No. 438/2004 Sb.
12A) section 151 of the Act No. 500/2004 Coll.
13) Council Directive 2004/38/EC of 29 April 2004. April 2004 on the right of citizens of the Union
and their family members to move and reside freely within the territory of
of the Member States.
13A), for example, the commercial code, the Trade Act, Act No. 220/1991
Coll. of the Czech Medical Chamber, the Czech dental Chamber and the Czech
Chamber of pharmacists, in wording of later regulations, and Act No. 85/1996
On the legal profession, as amended.
13B) Council Regulation (EEC) No 1612/68 of 15 October. October 1968, on freedom of
movement for workers within the community.
13 c) § 32 Act No. 155/1995 Coll., on pension insurance.
13D) section 30 and 31 of the Act No 155/1995 Coll.
13E) section 25 and section 38 (a). (b)) of the Act No 155/1995 Coll.
13F), for example, Council Directive 68/360/EEC on the abolition of restrictions on movement and
stay of workers of Member States and their family members within the
The community.
14) section 116 of the Act No. 40/1964 Coll., the civil code, as amended
regulations.
15) Act No. 256/1992 Coll., on the protection of personal data in information
systems.
15A) article 2 point 14 of European Parliament and Council Regulation (EC) No.
562/2006.
15B) in annex V, part A, paragraph 3 (b). and) Regulation of the European
Parliament and of the Council (EC) No 562/2006.
15 c) article 3 of Council Directive 2001/51/EC of 28 June 1999. in June 2001, which
shall be added to article 26 of the Convention implementing the Schengen agreement of 14 June.
June 1985.
15E) decision of the representatives of the Governments of the Member States meeting within the Council of
25 June. June 1996 on the establishment of the emergency travel document
(96/409/CFSP).
15F) Council Regulation (EC) No 2252/2004 of 13 April 2004. December 2004 on standards
for security features and biometrics in passports and travel
documents issued by Member States, as amended.
16), for example, Act No. 455/1991 Coll., on trades
(Trade Act), as amended.
16A) § 2 (2). 7 and section 14a paragraph. 2 Act No. 325/1999 Coll., as amended by
Act No. 165/2006 Sb.
16B) section 15 of Act No. 283/1991 Coll., on the police of the Czech Republic, as amended by
Act No. 326/1999 Coll.
17A) Council Regulation (EC) No 343/2003 of 18 June 2003. February 2003 establishing
the criteria and mechanisms for determining the Member State responsible for
examining a request for asylum lodged in a third-country national
one of the Member States.
18) Act No 119/2002 Coll., on firearms and ammunition, and amending
Act No 156/2000, on the validation of firearms, ammunition and
pyrotechnical items and on the amendment of Act No 288/1995 Coll., on fire
weapons and ammunition (the Firearms Act), as amended by Act No.
13/1998 Coll. and Act No 368/1992 Coll., on administrative fees, as amended by
amended, and Act No. 455/1991 Coll., on trades
business (Trade Act), as amended, (the Act on
weapons), as amended.
19) § 1 (1). 2 and 3 of Act No. 37/1989 Coll., on protection against alcoholism
and other addictions.
Act No. 167/1998 Coll., on addictive substances and amending certain other
laws, as amended.
19a) § 36 odst. 2 Act No. 561/2004 Coll. on pre-school, primary,
secondary, higher vocational and other education (the Education Act).
20) Council Directive 2003/110/EC of 25 November 2003. November 2003 on assistance in the
of transit for the purposes of removal by air.
20A) Council Regulation (EC) no 871/2004 of 29 April 2004. April 2004 concerning the introduction of
some new functions for the Schengen information system, including in the fight
against terrorism.
21) Law No 329/1999 Coll. on travel documents and on the amendment of Act No.
283/1991 Coll., on the police of the Czech Republic, as amended,
(the law on travel documents), as amended.
21a) § 2 (2). 2 of the commercial code.
21B) Act No. 200/1990 Coll. on offences, as amended
regulations.
23) section 17 (a). l) Act No. 256/1992 Coll.
24) Law No 97/1974 Coll. on archives, as amended by law No 343/1992
SB.
24A) Law No. 269/1994 Coll., on criminal records, as amended
regulations.
24B) Law No 111/2009 Coll., on basic registers.
24 c) second and third part of the administrative procedure.
26) section 244 to 250 k of the Act No. 99/1963 Coll.
27) Communication No. 104/1991 Coll., on negotiation of the Convention on the rights of the child.
26B) Executive Committee decision SCH/Com (99) 13 of 28 July 1999. April 1999 on the
the final text of the common manual and the common consular instructions.
27) the regulation of the European Parliament and of the Council (EC) no 810/2009 of 13 July.
July 2009 establishing a Community code on visas (Visa code).
28) section 42 of the Act No. 359/1999 Coll. on social and legal protection of children, in
the text of the law no 518/2002 Coll., Act No. 315/2004 Coll., Act No.
134/2006 Coll. and Act No. 176/2007 Sb.
29) Council Directive 2005/71/EC of 12 July 2005. October 2005 on a specific procedure
for the admission of third country nationals for purposes of scientific
research.
30), for example, Act No. 455/1991 Coll., on trades
(Trade Act), as amended, law No 513/1991
Coll., the commercial code, as amended, law No 160/1992
Coll., about health care in non-State health establishments, as amended by
amended, law No 20/1987 Coll. on State care monument, in
as amended.
31) Decree No. 326/2000 Coll. on the method of labelling and other
public spaces, how to use the names and location of the numbers to
the designation of the buildings, on the terms of the Declaration of the renumbering of the buildings and of the
procedure and notification of allocation of numbers and documents necessary for the allocation of
numbers, in the text of the Decree No 193/2001 Sb.
32) Council directive 2009/50/EC on the conditions for entry and residence of
third-country nationals for the purpose of employment
high qualifications.
33) Act No. 48/1997 Coll., on public health insurance and amending and
addition of related laws, as amended.
Council Regulation (EEC) No 1408/71 of 14 June. June 1971 on the application of
of social security schemes to employed persons, to self
self-employed and members of their families moving within the
The community.
Regulation of the European Parliament and of the Council (EC) No 883/2004 on the coordination of
of social security systems.
section 319, paragraph 34). 1 of Act No. 262/2006 SB., labour code, as amended by
Act No. 362/2007 Sb.
35) for example, Act No. 18/2004 Coll., on the recognition of professional qualifications and
eligibility of nationals of other Member States of the European Union and
some of the nationals of other States and on the amendment of certain laws (the law on the
recognition of professional qualifications), as amended, law No.
95/2004 Coll., on conditions for the acquisition and recognition of professional competence and
specialized competence for the exercise of the medical professions of doctor,
dentist and pharmacist, as amended, and Act No.
96/2004 Coll., on conditions for the acquisition and recognition of competence to perform
paramedical professions and to pursue activities related
with the provision of health care and some related laws
(the law on the paramedical professions), as amended
regulations.
36) Law No. 589/1992 Coll., on social security and
contribution to the State employment policy, as amended
regulations.
37) Council Regulation (EC) No 343/2003 of 18 June 2003. February 2003 establishing
the criteria and mechanisms for determining the Member State responsible for
examining a request for asylum lodged in a third-country national
one of the Member States.
38) section 143 of the administrative code.
§ 14a, paragraph 39). 2 Act No. 325/1999 Coll., as amended by Act No. 165/2006
SB.
40) Council Regulation (EC) No 1030/2002 of 13 June 2002. June 2002
lays down a uniform format for residence permits for nationals of third
countries, as amended by Council Regulation (EC) No 380/2008.
41) Law No. 251/2005 Coll., on labour inspection, as amended
regulations.
42) section 27 of the Act No. 273/2008 Coll., on the police of the Czech Republic.
43) section 2 (a). u) Act No. 365/2000 Coll., on information systems
public administration and on the amendment of certain other acts.
44) Act No. 435/2004 Coll., on employment, as amended,
regulations.
45) Law No 277/2009 Coll., on insurance.
46) § 75 of the Penal Code.
section 15a of Act No. 200/1990 Coll. on offences, as amended by Act No.
494/2012 Sb.
47) Council Directive 2003/109/EC of 25 November 2003. November 2003 on the legal
the status of third-country nationals who are long-term
residents.
48) of section 46a of the Act No. 325/1999 Coll., as amended by law No 379/2007 Coll.
Law No 427/2010 Coll. and Act No. 103/2013 Sb.
49) directive of the European Parliament and of the Council of 2011/98/EU of 13 July.
December 2011 on the single procedure, processing of applications for uniform
a permit to stay and work in the territory of a Member State to State
nationals of third countries and on a common set of rights for workers
of third countries residing legally in a Member State.
50) section 98a of Act No. 435/2004 Coll., as amended.
