427/2010 Sb.
LAW
of 21 April 2004. December, 2010,
amending the Act No. 326/1999 Coll., on stay of foreigners on the territory of the Czech
Republic and amending certain laws, as amended,
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, and other related laws
Change: 329/2011 Sb.
Change: 89/2012 Sb.
Parliament has passed the following Act of the Czech Republic:
PART THE FIRST
Amendment of the Act on residence of aliens in the territory of the Czech Republic
Article. (I)
Act No. 326/1999 Coll., on stay of foreigners on the territory of the Czech Republic and the
amendment to certain acts, as amended by Act No 140/2001 Coll., Act No.
151/2002 Coll., Act No. 217/2002 Coll., Act No. 222/2003 Coll., Act No.
436/2004 Coll., Act No. 501/2004 Coll., Act No. 539/2004 Coll., Act No.
559/2004 Coll., Act No. 428/2005 Coll., Act No. 444/2005 Coll., Act No.
112/2006 Coll., Act No. 137/2006 Coll., Act No. 159/2006 Coll., Act No.
165/2006 Coll., Act No. 230/2006 Coll., Act No. 170/2007 Coll., Act No.
379/2007 Coll., Act No. 124/2008 Coll., Act No. 129/2008 Coll., Act No.
140/2008 Coll., Act No. 274/2008 Coll., Act No. 306/2008 Coll., Act No.
382/2008 Coll., Act No. 41/2009, Coll., the finding of the Constitutional Court
declared under the No 47/2009 Coll., Act No. 197/2009 Coll., Act No.
227/2009 Coll., Act No. 278/2009 Coll., Act No. 281/2009 Coll. and act
No 306/2009 Coll., is hereby amended as follows:
1. In section 9 (2). 1 (a). I), section 9 (2). 3 (b). and section 5 and in) section 9 (2). 3
(a). (b)), paragraphs 3 and 4, the word "disrupt" is replaced by "a serious
way to disrupt ".
2. In section 9 (2). 3 (b). and section 5 and in) section 9 (2). 3 (b). (b)) (4)
the word "endorse" shall be replaced by the words "provide additional information after the
the evaluation can be considered ".
3. In article 9, at the end of the text of paragraph 5, the words ", if it is not on
otherwise provided ".
4. section 10 reads as follows:
"§ 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, immediate transport to medical
the device, the police shall ensure that its transportation to medical facilities on
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 medical
device providing institutional care, can waive police guarding
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. "
5. § 12 shall be deleted.
6. In section 13 paragraph 2 is added:
"(2) the availability of funds for the stay in the territory in the amount 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). a).“.
7. In article 15 the following paragraph 1, including the footnote.
27:
"(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 ^ ^).
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). ".
The present text becomes paragraph 2.
8. In section 15(2). 2, after the word "invitation", the words "to stay
foreigners in the territory for more than 3 months ".
9. In § 15a paragraph 2 be deleted.
Paragraphs 3 to 5 shall be renumbered as paragraphs 2 to 4.
10. In § 15a paragraph. 2 (a). and), the word "consistently" shall be replaced by the words
"until 26 years of age consistently."
11. In section 17 (b)), and (c)):
"(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 ".
12. section 17a shall be deleted.
13. section 17b including title:
"§ 17b
Long-term visa
Long-stay visa is a visa for a stay of 90 days. ".
14. In section 18 (a). (d) point 3), the following new item 4, including
footnote No. 28:
"4. as the minor child on the basis of the relevant interim measures
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,
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. ".
Points 4 to 7 are renumbered as paragraphs 5 to 8.
15. In section 18 (a). d) point 7, the words "the document of authorization of the transitional
or "is replaced by" residence card of a family member
the citizen of the European Union or of the licence ".
16. In section 18 (a). e), the words "visa for a stay up to 90 days or to transit
Visa "shall be replaced by the words" short-stay visa ".
17. In section 19, paragraph. 1 (a). and), the word "compromise" is replaced by
"seriously disrupted".
18. In section 19, paragraph. 1 at the end of subparagraph (d)) following the word "or", and
letter e) shall be deleted.
Letter f) is renumbered as paragraph (e)).
19. In section 19, paragraph. 1 the final part of the provision, the words "the implications of this
the decision "shall be replaced by the word" consequences "and the words" the effects of this
the decision "shall be replaced by the words" the effects of their stay ".
20. section 20 reads as follows:
"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. ".
21. section 22 to 26 and 27 to 29b shall be deleted.
22. Footnote No 7 d, 8 and 8a shall be deleted, and that including links to
the footnotes.
23. In section 30, paragraph. 1, § 33 paragraph. 4 and 5, § 35 paragraph. 1 and 3, § 36 odst. 3, §
paragraph 37. 2 in the final part of the provision, section, paragraph 44. 4, § 56 paragraph. 1 in the
the introductory part of the provisions of § 56 paragraph. 2 in the introduction and final part
the provisions of § 169, paragraph. 8, § 170, paragraph. 1, 4 and 6 and section 170, paragraph. 8 in the
the text for a semicolon, the word "police" shall be replaced by the word "Ministry".
24. In section 30, paragraph. 2 and 4, the words "or section 42 g or" is replaced by ",
section 42 g or § 42i or ".
25. In section 30 paragraph 3 reads:
"(3) the Visa referred to in paragraphs 1 and 2 shall be granted with a term of validity of 6
months. ".
26. In section 30, paragraph. 4, the words "3" shall be replaced by the number of working "60".
27. In section 30, paragraph. 4, § 33 paragraph. 2, section 57 paragraph. 2 the first and third sentence, section 60
paragraph. 1, § 106, paragraph. 1, 3 and 4 and in section 107, paragraph. 6 and 7, the word "police"
replaced by the word "Ministry".
28. In section 30, paragraph 5 shall be deleted.
Paragraph 6 is renumbered as paragraph 5.
29. In section 30, paragraph. 5, and in section 31, paragraph. 3, the words "European Union ^ 8a)"
replaced by the words "European Union ^ 29)".
Footnote 29 is added:
"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. In paragraph 4 of section 31, including footnotes, no 30:
"(4) the application for a visa to stay over 90 days for the purpose of business
the alien is obliged to submit the particulars referred to in paragraph 1 (b). and (c)))
to e), and proof of registration in the relevant register, list, or
evidence ^ 30).
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
amended. ".
31. In section 31, paragraph 5, the following paragraphs 6 and 7, including
footnote No. 31:
"(6) 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.
(7) 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 by electronic means, shall be signed, guaranteed
an electronic signature, which is based on a qualified certificate
issued by an accredited certification service provider (hereinafter referred to as
"recognized electronic signature"); This shall not apply where the certificate is delivered to the
through the data on the Clipboard.
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. ".
Paragraph 6 is renumbered as paragraph 8.
32. In section 31, paragraph. 9, the words "§ 180j, paragraph. 1 "shall be replaced by the words" § 180j "and
the words "§ 180i paragraph. 2 "shall be replaced by the words" § 180j, paragraph. 4. "
33. In section 31, paragraph. 9 second sentence, § 42 paragraph. 3 sentence of the fifth paragraph, section 42b. 4
sentence of the second paragraph, section 42d. 3 the second sentence of the paragraph, section 42f. 4 second sentence and section 46
paragraph. 1 the third sentence, after the words "shall", the words "on request".
34. In § 33 paragraph. 1 and 3, § 37, paragraph. 1 introductory part the provisions of § 37
paragraph. 2 of the introductory part of the provisions of, section 37, paragraph. 3, § 38 paragraph. 2 and 3 and section
paragraph 57. 2 the word "police" shall be replaced by the word "Ministry".
35. In § 33 paragraph. 1 (c)):
"(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 ".
36. In § 33 paragraph. 1 (a). (d)), the words "police or" shall be deleted.
37. In § 33 paragraph. 5, the words "1 year; in the case of a visa in accordance with
paragraph 1 (b). (c)), or (d)) or under paragraph 3, the period of validity of
set at "shall be deleted.
38. In section 33, paragraph. 6, § 35 paragraph. 2, § 36 odst. 1 and 2, and in section 56 paragraph. 1
(a). and the word "police)" shall be replaced by "Ministry".
39. Section 34 (a). e), the words "§ 180j, paragraph. 1, and "shall be replaced by the words" §
180j and on demand "and at the end of the text, the words"; This does not apply,
with respect to the cases referred to in § 180j, paragraph. 4. "
40. In section 35, paragraph. 2 the words "§ 180j, paragraph. 1 "shall be replaced by the words" § 180j ",
the words "at the same time" with the words "on request" and the words "If the
is the alien people insured under special legislation ^ 8b)
or if the payment of the costs of health care proves otherwise "
replaced by the words "with respect to the cases referred to in § 180j, paragraph. 4. "
41. In section 37, paragraph. 1 at the end of the text of subparagraph (a), the words ")
imprisonment of a duration exceeding 3 years ".
42. In paragraph 37. 2 (a). ) and § 46e paragraph. 1 (a). (d)), the words "or
the amended documents "shall be replaced by the words" or, as amended by documents or
the documents, in which the data relevant for the examination of the application
do not correspond to reality ".
43. In section 37, paragraph. 2 (a). (c)) in point 2, the word "police" is deleted.
44. In paragraph 37. 2 the letter g) is added:
"(g)) when the alien a residence check 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. "
45. In section 38, paragraph. 2 the words "; in the case of the cancellation of the visa
granted pursuant to § 33 paragraph. 3, the police will ask the Ministry of binding
the opinion of ^ 9b) to the demise of the reasons to make travel "including
footnote No. 9b deleted.
46. section 39 is repealed.
47. In section 40 paragraph. 1 and 2, the words "the airport visa, transit visa, visa
to stay up to 90 days or "shall be deleted.
48. In § 40 paragraph 3 reads:
"(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. ".
49. In section 42, paragraph. 1 and section 43, paragraph. 1 the words "1 year" shall be replaced by the words "6
months ".
50. In § 42 paragraph. paragraph 3, section 42b. 4 and section 42d paragraph. 3 the words "§ 180j
paragraph. 1 "shall be replaced by the words" § 180j "and the words" § 180j, paragraph. 2 "shall be replaced by
the words "§ 180j, paragraph. 4. "
51. In § 42 paragraph 6 is added:
"(6) an alien is entitled to remain in the territory after the period referred to in the licence of the
residence permit, unless otherwise provided. ".
52. In section 42a is inserted after paragraph 2 paragraph 3, including the
footnote No. 32 is added:
"(3) 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.
32) Council directive 2009/50/EC on the conditions for entry and residence of
third-country nationals for the purpose of employment
high qualifications. ".
Paragraphs 3 to 7 shall be renumbered as paragraphs 4 to 8.
53. Article 42a, the dot at the end of paragraph 7 shall be replaced by the word "or", and
the following point (f)), which read:
"(f)) alien, which is to be allowed to cohabitation family, is
the holder of a blue card. "
54. In paragraph 42b. 1 at the end of the text of subparagraph (c)) and in section 70 paragraph. 2 at the end of
subparagraph (g)), the words "or if the child no longer resides on the territory".
55. Article 42b is inserted after paragraph 1, paragraph 2, which reads as follows:
"(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. ".
Paragraphs 2 to 4 shall be renumbered as paragraphs 3 to 5.
56. In section 42 c of paragraph 1. 3 (b)):
"(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. "
57. In section 42 c of paragraph 1. 3 (b). (c)), after the words "the applicant, and together with him
persons examined ", the words" residing on the territory of "and the words
"(a). and (c))) "shall be deleted.
58. In section 42 c of paragraph 1. 6, the words ", except for the cases referred to in § 180i
paragraph. 2 "shall be replaced by" referred to in paragraph 3 (b). (b)) ".
59. In section 42e shall at the end of paragraph 1, the following sentence "the authorisation to
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 having committed this crime. "
60. In paragraph § 42e. 6 the first sentence, the words "or of the applicant for an authorisation to
long-term stay for the purpose of protection on the territory of "shall be replaced by the words
"an applicant for a long-term residence permit for the purpose of protection on the territory of the
or a stranger, to whom the permit is issued, ".
61. In section 42e, paragraph. 6 the first sentence the phrase "the Ministry may inserted
to ensure accommodation of foreigners referred to in paragraph 5. ".
62. In section 42f of paragraph 1. 1 the words "scientific research ^ 8a)" shall be replaced by the words
"scientific research ^ 29)".
63. In section 42f of paragraph 1. 4, the words "§ 180j, paragraph. 1 "shall be replaced by the words" § 180j ",
the words "of the ^ 8 c)" shall be replaced by the words "of the ^ 33)" and the words "§ 180j
paragraph. 2 "shall be replaced by the words" § 180j, paragraph. 4. "
Footnote No. 33 is added:
"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. ".
64. In section 42 g of paragraph 1. 4, after the words "Embassy," added the word
"the employer".
65. In section 42 g of paragraph 1. 6, after the word "; card ", the words
"the employer and".
66. In section 42 g at the end of the text of paragraph 10, the words ", or
the employer expressed a dissenting opinion, the employment of the alien ".
67. In article 42 g, paragraph 12 shall be deleted.
68. In section 42 h of paragraph 1. 3, after the words "health insurance", the words "
that matches the conditions specified in § 180j, "after the word
"regulation" shall be inserted after the words ", and proof of payment upon request
the insurance referred to in the document about travel health insurance "and
the words "§ 180i paragraph. 2 "shall be replaced by the words" § 180j, paragraph. 4. "
69. the following shall be added to § 42 h 42i 42j section and that including the heading and
footnote No. 34 and 35 shall be added:
"§ 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. 5.
(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.
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. ".
70. In section 43, the existing text shall become paragraph 1 and the following
paragraph 2, which reads as follows:
"(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. ".
71. In article 44, paragraph 1 shall be deleted.
Paragraphs 2 to 6 shall be renumbered 1 to 5.
72. In paragraph 1 of section 44 reads as follows:
"(1) an alien who has made an application for the issue of a permit to the long-term
stay at the Embassy and was granted a visa under section 30, paragraph.
4, is obliged within 3 working days from the date of entry into the territory of personally
come to the Ministry to take over the licence of residence permit ".
73. In article 44 paragraph 1 reads:
"(1) an alien who has made an application for the issue of a permit to the long-term
stay at the Embassy and was granted a visa under section 30, paragraph.
4, is obliged to issue a residence permit card into the 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,
including the acquisition of biometric data of the alien and his signature, which
It is designed to further digital processing; the signing of the Pact,
If the aliens in its execution prevents hard to jump an obstacle. ".
74. Article 44 paragraph 1 the following paragraph 2 is added:
"(2) an alien who has made an application for the issuance of green 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 ".
Paragraphs 2 to 5 shall become paragraphs 3 to 6.
75. In paragraph 3 of section 44 reads as follows:
"(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. ".
76. In paragraph 44. 4 (b). (c)), the words "(section, paragraph 44. 1) "shall be deleted.
77. In section 44 shall be added to paragraph 7 to 10 are added:
"(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. ";"
78. In § 44a of the paragraph. 1 (a). (c)), the words "in accordance with section 44, paragraph. 1, which was
issued "shall be replaced by", which was released ".
79. In § 44a is at the end of paragraph 1, the period is replaced by a comma and the following
subparagraph (f)), which read:
"(f)) for a maximum period set out in section 44, paragraph. 7, if the blue card ".
80. In § 44a of the paragraph. 3 the words "§ 46 paragraph. 3 and 7 ' shall be replaced by the words "§ 46
paragraph. 3, 7 and 8 ".
81. In § 44a of the paragraph. 4, § 44a of the paragraph. 6 (a). (b)) and in section 46 paragraph. 1, the words
"§ 180j, paragraph. 1 "shall be replaced by the words" § 180j "and the words" If the alien
people insured under special legislation ^ 8 c) "shall be replaced by
the words "with respect to the cases referred to in § 180j, paragraph. 4. "
82. In § 44a of the paragraph. 6 (a). (b)) for the word "simultaneously", the words "on
request ".
83. In § 44a shall be added to paragraph 11 to 13 shall be added:
"(11) the request for the extension of the blue card is served
the Ministry. The application is an alien shall submit the particulars referred to in
§ 42j paragraph. 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. ".
84. In section 45 at the end of paragraph 1, the following sentence "a foreigner who intends to
on the territory of stay for the purpose of business, may ask for such a change,
If the holder of a valid long-term residence permit and on the territory of the
staying for longer than 2 years. ".
85. In section 45, paragraph. 6 letter e) is added:
"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. "
86. In § 46 paragraph. 1 the words "section 31, paragraph. 1 "shall be replaced by" section 31, paragraph.
1 and 4 "and the words" visa for a stay over 90 days "shall be replaced by the words
"long-stay visa".
87. In section 46 is added at the end of paragraph 2, the phrase "For permission to
long-term stay for the purpose of prolonging the stay in the territory, pursuant to section 43, paragraph.
2 section 31(5) shall apply mutatis mutandis. 1, § 37, § 55 paragraph. 1, § 56, § 58 paragraph. 3 and
section 62, paragraph. 1 related to a long-stay visa. The application is an alien
obliged to further provide proof of travel health insurance
matches the conditions specified 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. ".
88. In § 46 paragraph. 3 the words "§ 56 paragraph. 1 (a). and (c))), e), (h) and (i))) "
replaced by the words "§ 56 paragraph. 1 (a). and (c))), e), (g) and (h))) ".
89. In paragraph 46. 4, the words "§ 56 paragraph. 1 (a). (c)), e), (h)) "shall be replaced by
the words "§ 56 paragraph. 1 (a). (c)), e), (g)) "and the words" visa to stay above 90
days "shall be replaced by" long-stay visa ".
90. In paragraph 46. 5, the words "§ 56 paragraph. 1 (a). and (c))), e), (h) and (i))) "
replaced by the words "§ 56 paragraph. 1 (a). and (c))), e), (g) and (h))) "and the words
"visa for a stay over 90 days" shall be replaced by the words "long-stay visa".
91. In § 46 paragraph 7, including footnotes, No 36:
"(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,
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.
36) Law No. 589/1992 Coll., on social security and
contribution to the State employment policy, as amended
regulations. ".
92. In paragraph 8 of section 46 is repealed.
Paragraph 9, renumbered 8.
93. In paragraph 46. 8 the final part of the provisions of the paragraph and section 46a. 2
the final part of the provision, the word "police" is replaced by
"the Ministry".
94. Under section 46, the following paragraph 9 is added:
"(9) if the issue of the 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 States ranked. ".
95. Section 46a, paragraph. 2 (c)):
"(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. "
96. In section 46a, paragraph. 2 (a). (f)), paragraph 46d and section. 2 (a). (f)), the words "or
amended by "shall be replaced by the words" or altered or information is essential for the
the assessment of the applications contained in them do not correspond to reality ".
97. Section 46a, paragraph. 2 at the end of the letter) the word "or" shall be deleted,
the end of the letter l) shall be supplemented with the word "or" and the following letter m),
added:
"m) 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, ".
98. In section 46b paragraph. 2 letter e) is added:
"(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. "
99. In the section specifically paragraph 6 is added:
"(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. ".
100. In paragraph § 46e. 2 (b)):
"(b)) 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. "
101. the following section is inserted after section 46e 46f, including title:
"§ 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 a particularly serious
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
need, provided that the consequences of this decision will be proportionate to the
the reason for the cancellation of the validity of the blue card. When assessing the proportionality of the
the Ministry shall take account in particular of the consequences of this decision to the private
and family 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 prescribed period the territory of leave. ".
102. In § 47 odst. 1 the figure "120" is replaced by "90".
103. In section 48 at the end of subparagraph (d)) shall be replaced by a comma and dot are added
the letters e) and (f)) are added:
"e), which 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. ".
104. In the heading of title III, part 5: "Exit command and decision
the obligation to leave the territory ".
105. In section 50, paragraph. 2 the second sentence, after the word "cancellation", the words
"or extinction".
106. under section 50 shall be added to § 50a, including title and notes
line no 37zní:
"§ 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.
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. ".
107. In the heading of title III, part 6: "provisions common to the long-term
the visa ".
108. In § 51 paragraph. 1 the word "visa" is replaced by "long-term
Visa ".
109. In § 51 paragraph. 2, § 52 paragraph. 1 (a). (b)), in the title of § 55, § 55 paragraph.
1, 2 and 3, in the heading of section 56, § 56 paragraph. 1 (a). (b)) and i), § 56 paragraph. 2 in the
the final part of the provision, in § 56 paragraph. 3, section 57 paragraph. 1 and 3, in the title
§ 58, § 60 paragraph. 1, 2, 5 and 6, in the heading of section 62 and section 62, paragraph. 1 the word
"visa" shall be replaced by the words "long-stay visa".
110. In § 51 paragraph. 3, 4 and 5, § 56 paragraph. 1 introductory part provisions, section 56
paragraph. 2 of the introductory part of the provisions of paragraph 2(b) and section 58. 1 the word "Visa"
replaced by the words "long-stay visa".
111. In § 52 paragraph. 1 (a). and, § 56 paragraph). 1 (a). and) and i), section 57 paragraph. 1
and 3, § 58 paragraph. 2 and in section 60, paragraph. 1, 2, 3, 4 and 6, the word "visa"
replaced by the words "long-stay visa".
112. In § 52 paragraph. 1 (c)) shall be deleted.
113. In article 52, paragraph 2 shall be deleted. At the same time, the deleted paragraph mark
1.
114. section 53 reads as follows:
"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). (f)).
(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. ".
115. Article 54, the words "visa" shall be replaced by the words "the grant of
long-stay visa "and the words" type of visa requested, "shall be deleted.
116. In § 56 paragraph. 1 introductory part the provisions of § 56 paragraph 1(a) and in. 2 opening
part of the provision, the words "or representative office" be deleted.
117. In § 56 paragraph. 1 (a). (b)), the words "or incomplete or unreadable"
shall be deleted.
118. In § 56 paragraph. 1 letter e) is added:
"e) false or amended particulars or information is essential
for the assessment of the request contained in them do not correspond to reality, ".
119. In § 56 paragraph. 1, letter g) shall be deleted.
Subparagraph (h)) and m) are known as the letters g) to (l)).
120. In § 56 paragraph. 1 (a). (h)), the word "visa" shall be replaced by the words
"long-stay visa".
121. In § 56 paragraph. 1 letter i) is added:
"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. "
122. In § 56 paragraph. 1 (a). (j)), the word "foreign policy" is deleted.
123. In § 56 at the end of paragraph 1, the following, the word "or" and the letter k)
shall be repealed.
Letter l) is referred to as the letter k).
124. In § 56 paragraph. 2 at the end of subparagraph (a)) following the word "or", and
(b)) shall be deleted.
Letter c) is renumbered as paragraph (b)).
125. In § 56 paragraph 4 and 5 are added:
"(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 States ranked. ".
126. In § 56 paragraph 6 be deleted.
127. Article 57, paragraph 1 shall be deleted.
Paragraphs 2 to 4 shall be renumbered as paragraphs 1 to 3.
128. In section 57, paragraph. 1 and section 62, paragraph. 2 the words "visa to stay above 90
days "shall be replaced by" long-stay visa ".
129. In section 57, paragraph. 1, after the word "insurance", the words "or a document
of payment of the premium referred to in the document about travel health
insurance, if requested, "and the words" § 180i paragraph. 2 "shall be replaced by the words
"§ 180j, paragraph. 4. "
130. In section 57 paragraph 2 is added:
"(2) the 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. ".
131. In paragraph 57. 3, the words "or the police" shall be deleted.
132. In § 58 paragraph. 3, the words "a visa for a stay over 90 days" shall be replaced by
the words "in the long-term visa".
133. In section 60, paragraph. 2 the number "120" is replaced by "90" and the words "and for
short-stay visas as soon as possible and no later than 30 days 3 days "shall be deleted.
134. In section 60, paragraph. 3, the words "referred to in the previous sentence" shall be deleted.
135. section 61 is repealed.
136. In section 62, paragraph. 4, the first sentence shall be replaced by the phrase "after the departure
the alien from the territory of the validity of the visa expires to stay over 90 days for the purpose of
prolonging the stay in the territory. ".
137. In section 62, paragraph. 4 the second sentence, the word "visa" shall be replaced by the words
"the long-term visas".
138. section 63 shall be deleted.
139. In § 64 paragraph. 1 (a). and), the words "basic education" are repealed and
the words "in elementary school," shall be replaced by the word "in".
140. In § 64 paragraph. 1 (c)):
"(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 ".
141. In paragraph 65. 2 the words "§ 78 to 86" is replaced by "section 83 to 85".
142. In section 67, paragraph. 1, after the word "the" was inserted after the word "last" and
at the end of the text of the paragraph with the words ", if the complaint has been
made in the statutory time limit ".
143. In section 67 is at the end of paragraph 1, the phrase "shall be added to the period of stay under the
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. ".
144. In section 67, paragraph. 7, after the words "continuous stay in the territory"
the words "and provided that at least the last two years was
the last procedure for granting international protection, including the possible control
of the complaint ".
145. In section 68, paragraph. 2 the words "visa for a stay over 90 days" shall be replaced by
the words "long-stay visa".
146. In section 68, paragraph 3, the following paragraph 4 is added:
"(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. ".
The current paragraph 4 shall become paragraph 5.
147. In section 69, paragraph. 5, after the word "Ministry", the words ", if
on the territory of staying on a long-term visa, long-term residence permit
or on the basis of the document issued to the stay in the territory according to the specific
the legal regulation of the ^ 2) ^ 3a) "and the words" paragraph. 4 "shall be replaced by the words ' paragraph 4 '.
5. "
148. In section 70 paragraph. 5 (a). (b)), the words "or middle school" shall be replaced by
the words "or high school, or at least 1 academic year studying
high school "and at the end of the text, the words" or study
the program focused on the Czech language at the high school ".
149. In section 70 paragraph. 5, letter (b)) the following new point (c)), which read:
"(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. "
Former points (c) to (e))) shall become points (d) to (f))).
150. In section 70, the following paragraph 6 is added:
"(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. "
151. In § 71 paragraph. 1 the first sentence, the words "proving that the sum of the monthly
reception of foreigners and persons evaluated jointly with him/her "shall be replaced by the words
"proving that the alien is a regular income and total monthly income
foreigners and persons evaluated jointly with him staying on the territory ".
152. In section 71 is added at the end of paragraph 1, the phrase "Income foreigners can be
to demonstrate, in particular, the employer's confirmation of the amount of average net
monthly earnings, in the case of income from dependent activities, or tax
return of the income of natural persons with respect to income from business. 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. ".
153. In § 71 paragraph 2 is added:
"(2) a 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. ".
154. Under section 72, the words "marriage certificate", the words ", document
proving the required knowledge of the Czech language ".
155. In section 74, paragraph. 1 the words "certificate of residence permit" shall be replaced by
the words "decision on the issue of permanent residence permit".
156. In section 74, paragraph 2 reads:
"(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. ".
157. In paragraph 75. 1, letter a) is repealed.
Letters b) to (h)) shall become letters and) to (g)).
158. In section 75, paragraph. 1 (a). and) the words "or the amended requirements"
replaced by the words "or the amended requirements or formalities, in which
the data relevant to the assessment of the application do not comply with
the fact ".
159. In section 75, paragraph. 1, point (d)) shall be deleted.
Letters e) to (g)) are renumbered as subparagraph (d)) to (f)).
160. In section 75, paragraph. 1 (a). (d)), § 87e paragraph. 1 (a). (d)), paragraph 87k and section. 1
(a). g), the words "paragraph. 3 "shall be replaced by the words ' paragraph 4 '. 2. "
161. In section 75, paragraph. 2, letter c) the following new subparagraph (d)), which read:
"(d)) the alien applying for a permanent residence permit pursuant to section 66 is suffering from
serious diseases ".
Existing subparagraph (d)) to (f)) are referred to as the letters e) to (g)).
162. In section 75, paragraph. 2 (a). e), the words "(a). (f)) "shall be replaced by" subparagraph (a).
(g)). "
163. In paragraph 75. 3 the words "to the grounds referred to in paragraph 1 or 2 shall be
shall "shall be replaced by the words" the reasons referred to in paragraph 1 or 2
the Ministry does not have to be taken into account ".
164. In paragraph 75. 4, the word "further" is deleted.
165. In section 77, paragraph. 1 (a). (b)), the words "or of the amended requirements"
replaced by the words "or of the amended requirements or formalities in
which the data relevant to the assessment of the application do not comply with
the fact ".
166. In section 77, paragraph. 1 at the end of subparagraph (e)), the word "or" shall be deleted,
the end of subparagraph (f)), the period shall be replaced by "or", and the following
the letter g) is added:
"(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; ".
167. In section 77, paragraph. 2, letter d) the following point (e)), which read:
"(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 ".
Subparagraph (e)), and (f)) shall become letters (f)), and (g)).
168. section 78 to 82 are repealed.
169. Article 83 paragraph 2 the following paragraph 3 is added:
"(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
Union. ".
The former paragraph 3 shall become paragraph 4.
170. in title IV, part 3, including title and footnote No 12b
shall be deleted.
171. In section 87, paragraph. 9, the words "§ 80 to 82" is replaced by "§ 117d and
117e ".
172. In paragraph § 87b. paragraph 3, section 87c. 2, in the heading of section 87p, section 87p paragraph. 1 and
2, § 87u paragraph. 2, § 87v paragraph. 2, § § 87w 0.87 paragraph. 1 and 2, section 87z paragraph.
1 and 2, section 103 (a). (d)), section 158, paragraph. 1 (a). and section 2, §) 158a paragraph. 1
(a). and) and in section 169, paragraph. 4, the words "the card of residence ' shall be replaced by the words
"residence card".
173. In paragraph 87d. 1, letter a) is repealed.
Letters b) to (d)) shall become letters and) to (c)).
174. In section 87d paragraph. 1 (a). and, section, paragraph 87d). 2 (a). and) and in section 106, paragraph. 3
the words "system of care" shall be deleted.
175. In paragraph 87d. 1 at the end of the text of subparagraph (c)) and in section 87k paragraph. 1 on the
the end of the text of subparagraph (c)) shall be added the words "and takes a reasonable danger that the
He could during his stay on the territory of the State, or threaten the safety of the serious
way to disrupt public order. "
176. In paragraph 87d. 2 (b)):
"(b)) threatens the safety of the State or seriously disrupts the public
order, if the proceedings on administrative expulsion, or ".
177. In § 87e paragraph. 1 at the end of the text of subparagraph (b)) and in section 87k paragraph. 1 on the
the end of paragraph (d)) shall be added the words "and the competent authority that the applicant
in this system, ranked, will provide additional information, after which the
evaluation can be considered, that it takes reasonable danger that he could when
his stay on the territory of another Contracting State to compromise its safety
or seriously disrupt public order ".
178. In § 87e paragraph. 3 the first sentence, the word "or" shall be replaced by the words ", from the
humanitarian or other reasons worthy of special attention or ".
179. the heading of § 87f added: "the reasons for their temporary residence family
a citizen of the European Union ".
180. In paragraph § 87f. 1 the words "and is staying in the territory, together with the citizen
The European Union "shall be deleted.
181. In paragraph § 87f. 2 (c)):
"(c)), the marriage with a citizen of the European Union were lost 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 ".
182. In § 87 h at the end of paragraph 3 the following sentence "until the
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 does not apply. ".
183. In paragraph 2 of section 87i:
"(2) a 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. ".
184. In paragraph 87k. 1, letter a) is repealed.
Letters b) to (h)) shall become letters and) to (g)).
185. In section 87k paragraph. 2 the words "(a). (e)) "shall be replaced by the words" (a). (d)) "
the word "or" shall be replaced by the words "humanitarian or from other
reasons worthy of special attention, or ".
186. In paragraph 87l. 1, letter a) the following new subparagraph (b)), which
added:
"(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, ".
The former subparagraph (b)) and (c)) shall become points (c) and (d)).)
187. In paragraph § 87n. 2 the words "the number of the travel document" shall be deleted.
188. In the section title and in the 87o paragraphs 1 to 3, the words "residence Card"
replaced by the words "residence card".
189. In section paragraph 87o. 3 the words "licence" shall be replaced by the words "residence
cards ' and the words ' this certificate "shall be replaced by" this card ".
190. In paragraph 1 of section 87u:
"(1) 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, in
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. A citizen of the European Union and his family member in
the official name, or use the contact name, and a surname referred to in
those documents. ".
191. In paragraph § 87v. 2 the words "(a). (f)) "shall be replaced by" subparagraph (a). (g)). "
192. In paragraph § 87v. 3, the words "the card of residence ' shall be replaced by the words
"residence card".
193. In the second sentence of § 87y is replaced by the phrase "Permission to reside on the territory of the
the acquisition of the decision on the application shall not apply if acquired
the decision on administrative expulsion, their temporary residence
or the cancellation of permanent residence of a family member of a citizen of the European
the Union, or repeatedly submitted an application, which are not listed
new Member of the family of a citizen of the European Union could not
applied in the proceedings for the earlier application. ".
194. In section 87z paragraph. 1, letter c) the following new subparagraph (d)), which
added:
"(d)) the acquisition of legal power of decision on the abolition of permanent or
temporary residence permit, the holder of the licence ".
Existing subparagraph (d)) to (f)) are referred to as the letters e) to (g)).
195. In section 87z paragraph. 1 at the end of the text of the letter g), the words "shall be added; It
not because of the stay on the territory of another Member State of the European
the Union, the licence holder shall cancel the accommodation on the territory ".
196. In section 87z paragraph 3 reads:
"(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 permitted. ".
197. In section 87aa paragraph. 1, letter c) the following new subparagraph (d)), which
added:
"(d)) the acquisition of legal power of decision on the cancellation of temporary residence on the
the territory of citizens of the European Union, or on the date on which the citizen of the European Union on the
revocation of certificate requested ".
Existing subparagraph (d)) to (f)) are referred to as the letters e) to (g)).
198. In section 87aa paragraph 3 reads:
"(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 permitted. ".
199. Article 88, paragraph 2 reads:
"(2) if the legal representative of the born foreigners on the territory of the visa,
is required 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. ".
200. Article 88 paragraph 4 is added:
"(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 residency. ".
201. In section 91 (a). (b)), section 103 (a). (b)) and in section 107, paragraph. 1 the words "card
the residence "shall be replaced by the words" residence card ".
202. In the introductory part of the provisions of section 92, the words "denies the police" shall be replaced by
the words "the police decision, issued on-the-spot ^ 38), denies".
Footnote No. 38:
"38) section 143 of the administrative code".
203. In paragraph 98. 1 the words "was released on licence" shall be replaced by
the words "has been issued residence card" and "card issued to
permanent residence card or of a permanent residence permit citizen
The European Union "shall be replaced by the words" in the territory of a permanent residency ".
204. In § 99 at the end of paragraph 1, the words "or stay more
than 5 foreigners, except in the case where it can be housed foreigners and
the proprietor can be considered as persons nearby. "
205. In section 100 (d)):
"(d)) to ensure that accommodation is not foreigners clearly 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 to the floor surface, "added 5 m2.
206. In section 100, subparagraph (f) at the end of the text), the words "; When
launch control is obliged to present to the House a book containing the information to the
Aliens accommodated at that time ".
207. In § 101 paragraph. 2 the words "(a). (e)) "shall be replaced by the words" (a). (f)) ".
208. In section 103 (a). (d)), after the words "international law", the words
", or in the manner laid down in § 177 paragraph. 3. "
209. In section 103 at the end of the text of the letter j), the words "shall be added; Similarly, it is
the alien shall be obliged to report a find or obtain the document, whose loss or
theft of the previously announced ".
210. In section 103 (a). the word "police)" shall be replaced by "referred to in this
the law "and the words" invalid, "with the words" proceedings for the obligation
to leave the territory, ".
211. In section 103 letter r) reads:
"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. ".
212. In section 103 at the end of the dot is replaced by a comma and the following letters
with) and t) are added:
"with the police, or on request) of the Ministry, 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 ".
213. In § 104 paragraph. 3 (b). and the word) "airport" is the word
"transit".
214. In section 104 at the end of the final text of the provisions of paragraph 3
the words "or for a period of stay of foreigners in the medical equipment
pursuant to section 10 ".
215. In paragraph 104. 4 (b). and) and in section 163, paragraph. 3, after the word
"the airport" following the word "transit".
216. In paragraph 106. 1, letter a) is added:
"and foreigners without work permits), without the authorisation of the
employment, is under special legal regulation required, ^ 8e)
or in violation of the green card or blue card ".
217. In paragraph 106. 1 at the end of the text of the letter b), the words "or
intended for holders of blue cards ".
218. In paragraph 106. 1 (a). (c)), the words "or the green card" shall be replaced by
the words "green card or blue card".
219. Article 106, paragraph 2 reads:
"(2) the Trade Licensing Office shall immediately notify the Ministry of
the interruption, suspension, or cancellation of the demise of the business licence
a foreigner, who is granted the long-term visa or authorization to
long stay. ".
220. In paragraph 106. 3 at the end of the text of the first sentence, the words "or
that the holder of a blue card filed for the post on living, Supplement
on the housing or special immediate assistance "and the second sentence shall be deleted.
221. Article 106, paragraph 5 shall be deleted.
Paragraph 6 is renumbered as paragraph 5.
222. In section 106 shall be added to paragraph 6 to 8 are added:
"(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 a 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
Union. ".
223. In section 107, paragraph. 5, the word "police" is replaced by "Ministry
not "and the word" holder "shall be inserted after the words" visa to stay over
90 days for the purpose of study or ".
224. In section 107 shall be added to paragraph 8 to 10 are added:
"(8) a 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
issued work permit, green card or blue card and from this
because he has been or is to be invalidated permission issued
for the purpose of employment, is required to pay the costs of health care
granted to foreigners in the period from the termination of the employment in the
departure from the territory, however, after the period for which it was
issued work permit, green card or blue card; It
does not apply, if the reimbursement of these costs is provided in another way.
(9) the natural or legal person who, employing blue
cards, is required to inform the Ministry of the
the estimated change of employment classification of the holder of a blue card.
(10) the Medical device is required 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. ".
225. In section 108, the following paragraph 3 is added:
"(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. ".
226. In § 113 paragraph. 1 and 3, the words "card permission to stay"
replaced by the words "the card of residence permit".
227. In § 113 paragraph. 2 with the number "6" shall be replaced by the number "12".
228. In section 113 at the end of paragraph 3 the following sentence "the alien's passport without the
data carriers with biometric data and without a machine-readable data, which
does not contain digital signature processing photos or foreigners, are further
issue of foreigners referred to in paragraph 7 (b). and if an obstacle on) will
the alien an independent, for which you cannot obtain a travel document is only
of a temporary nature. ".
229. In § 113 paragraph. 7 (b)):
"(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 ".
230. section 114, including title and footnote No. 39:
"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.
§ 14a, paragraph 39). 2 Act No. 325/1999 Coll., as amended by Act No. 165/2006
SB. ".
231. In § 117 paragraph. 3 the words "§ 113 paragraph. 8 "shall be replaced by the words" § 113
paragraph. 7. "
232. the head is inserted after title IX, IXa, including title and
footnote No. 40:
"TITLE Ix
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 deprivation or restriction of legal capacity,
5. record under section 42 g of paragraph 1. 8,
6. record under section 42i paragraph. 7,
7. 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 deprivation or restriction of legal capacity,
5. record under section 84,
6. the record referred to in section 117b, paragraph. 2,
7. 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 alien shall be according to the shape of the
referred to in the Latin alphabet in the travel document. Stranger in official contact used
name, where applicable, the name, and a surname referred to in the licence for the authorization to
the stay.
(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 restrictions on the eligibility of foreigners to legal capacity or a waiver
alien eligibility shall be indicated in the certificate of residence permit after
the entry into force of the decision of the Court.
§ 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 or deprivation of
eligibility of foreigners, legal capacity,
(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.
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. ".
233. In § 118 paragraph 1 reads:
"(1) the 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. ".
234. In § 118 paragraph 1, the following new paragraphs 2 and 3, which
added:
"(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. ".
Paragraphs 2 and 3 shall become paragraphs 4 and 5.
235. In section 119 paragraph. 1 at the end of the introductory part of the text of the provisions added
the words "the Member States of the European Union, and the alien shall be placed in the information
of the Contracting States ".
236. In section 119 paragraph. 1 (a). and (2)) the words "or endanger public
health that suffers from a serious illness, or "shall be replaced by a comma and point 3 is
repealed.
237. In section 119 paragraph. 1 (a). (b)), point 3, the words "employed"
the words "residence permit".
238. In section 119 paragraph. 1 (a). (b)) at the end of paragraph 7, the word "or" shall be deleted,
at the end of paragraph 8 shall be added to the word "or" and the following point 9, which
added:
"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 ".
239. In section 119 paragraph. 1 (a). (c)) at the end of paragraph 2 the word "or" shall be deleted,
at the end of paragraph 3, the dot is replaced by "or", and the following point 4,
added:
"4. If a reasonable risk that the alien could stay on the territory of the
seriously endanger public health, by suffering a fatal
diseases. ".
240. In section 119, paragraph 2, the following paragraph 3 is added:
"(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).“.
Paragraphs 3 to 6 shall be renumbered as paragraphs 4 to 7.
241. In section 119, the following paragraph 8 is added:
"(8) in the case of 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. ".
242. In section 119a, at the end of paragraph 5, the following sentence "the police also cancels the
a decision on administrative expulsion of his family member, which
issued long-term residence permit for the purpose of protection of the
territory. ".
243. In section 119a, the following paragraphs 6 and 7 are added:
"(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. ".
244. In § 120 paragraph 2 is added:
"(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. ".
245. In § 120 paragraph 2, the following paragraph 3 is added:
"(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. ".
The former paragraph 3 shall become paragraph 4. ".
246. In paragraph 120a. 5, after the words "§ 33 paragraph. 3 ", the words" or
long-term residence permit for the purpose of prolonging the stay in the territory. "
247. In section 120a for paragraph 6, the following paragraph 7 is added:
"(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. ".
Paragraphs 7 and 8 shall be renumbered as paragraphs 8 and 9.
248. In paragraph 120a. 8 of the introductory part of the provisions, the words "shall be granted asylum
or complementary protection "shall be replaced by the words" has been granted supplementary protection
or was allowed to stay for the long-term intention of prolonging the stay in the territory. "
249. In paragraph 120a. 9 for the number "7", the words "and 8" and the words
"administrative expulsion" shall be replaced by the words "the grant of asylum or supplementary
protection or for the issue of long-term residence permit for the purpose of prolonging the
stay on the territory ".
250. In section 120a, the following paragraph 10, which including the footnotes
No. 41:
"(10) the police shall inform the alien who resides illegally on the territory of the
and that 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.
41) Law No. 251/2005 Coll., on labour inspection, as amended
regulations. ".
251. In paragraph 122. 5 at the end of subparagraph (a)) the word "or" shall be deleted and for the
the letter a) is inserted to the new subparagraph (b)), which read:
"(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 ".
Letter b) is renumbered as paragraph (c)).
252. In paragraph 122. 6 letter a) is added:
"and there has been a material change) the circumstances that justify release
a decision on administrative expulsion, or ".
253. In section 122, the following paragraph 7 is added:
"(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. ".
254. section 123, including title and footnote No 42:
"§ 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,
green card or blue card, if this stranger after the revocation of the
permission to stay for the purpose of employment from the territory of nevycestoval; It
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, green card or blue card, if this
the stranger, after the revocation of the residence permit for employment purposes from
the territory of nevycestoval; This does not apply if the satisfaction that foreigners
ensure that the reimbursement of the costs associated with travelling to the State, which is
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).
42) section 27 of the Act No. 273/2008 Coll., on the police of the Czech Republic. ".
255. In section 123a paragraph. 1 at the end of subparagraph (a)) the word "or" shall be deleted,
(a) (b)), the words "and which does not have a valid travel document" shall be replaced by
the words ", or" and the following subparagraph (c)), which read:
"(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, ".
256. In section 123a paragraph. 3 of the introductory part of the provisions for the word "police"
the words "or the Ministry".
257. In the second subparagraph of section 123a. 3 (b)):
"(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. "
258. The heading of title XI: "SPECIAL MEASURES for the PURPOSE of TRAVEL
THE ALIEN FROM THE TERRITORY AND TO ENSURE THE ALIEN ".
259. For the marking of title XI, the following new section 123b and 123c, including
the headings are added:
"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. ".
260. section 124, including title and footnote No 17:
"§ 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 will learn about the permissions to apply to the Court with
the proposal that ordered his release ^ 17), and permission to submit in
administrative judicial proceedings against the decision on the collateral or
the extension of the duration of the collateral. In the case of a minor alien without
escorts, instruct the police about these permissions guardian.
17) § 200o et seq.. Code of civil procedure. ".
261. In section 124b of paragraph 3 is added:
"(3) if 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. ".
262. In section 124b after paragraph 3, insert a new paragraph 4 is added:
"(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. ".
Paragraphs 4 and 5 shall be renumbered as paragraphs 5 and 6.
263. Article 125, paragraph. 1 the second sentence, after the words "18 years", the words
"or a family with minor children".
264. In section 125, for the provisions of paragraph 1 shall be inserted after paragraph 2 and 3, which
added:
"(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. ".
The current paragraph 2 shall become paragraph 4.
265. In section 126 (a). (b) the first sentence and the sentence), the second, the words "the legality of the
ensure the ", the words" and the decision on the extension of the duration of the
ensure ".
266. In § 126a, the following paragraph 4 is added:
"(4) against the decisions referred to in paragraphs 1 and 3 of the notice of appeal, and restore
the review procedure is not permitted. ".
267. In paragraph 127. 1 (b)):
"(b)) if the Court in administrative justice for annulment of the decision of the
ensure the foreigners or the cancellation of the decision on the extension of the duration
ensure and police issued a new decision within 3 days from the final
the judgment ".
268. In paragraph 127. 1, point (b)) the following new point (c)), which
added:
"(c)), where the Court ordered in proceedings under special legal regulation
the release of the alien ^ 17) ".
Former points (c) and (d))) shall become points (d) and (e)).)
269. In section 128, the following paragraph 3 is added:
"(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. ".
270. In paragraph 129. 1, after the word "Treaty", the words "agreed with the
another Member State of the European Union prior to the day of the 13. January 2009 "and the words
"the community ^ 17a)" are replaced by the words "the community" ^ 37) ".
271. Article 129, paragraph 3 reads:
"(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. ".
272. Article 129 paragraph 3 shall be inserted after paragraph 4 and 5, which
added:
"(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. ".
The current paragraph 4 shall become paragraph 6.
273. At the end of section 131 shall be supplemented with the phrase "getting to further carry out in
If changes to the rights and obligations that apply to the alien's stay in the
device, or the internal regulations of the equipment. Information on the rights and
obligations of secured foreigners and internal order of the facilities are located
so that they are accessible to all secured foreigners. ".
274. In section 134, paragraph. 1 (a). (e)), the word "complaint" shall be deleted.
275. In paragraph 134. 3 at the end of the text of the first sentence, the words ", to
He will be accompanied by the police "and in the second sentence, the words" Device Manager "
shall be replaced by the word "police".
276. In paragraph 135. 4, the second sentence shall be replaced by the phrase "Appeal, restoration
control or review procedures are not permitted. ".
277. In paragraph 135. 5, the fourth sentence is replaced by the phrase "Appeal, restoration
control or review procedures are not permitted. ".
278. Article 137, paragraph. 2, the word "also", the words "at the request of
the operator or ".
279. In paragraph 138. 1 (a). and), c) and (d)), the words "the schedule"
shall be replaced by the word "rules".
280. Article 138, paragraph. 1, point (d)) shall be deleted.
Letters e) to (j)) is renumbered as subparagraph (d)), to (i)).
281. In paragraph 138. 1 (a). (d)) for the word "issue" is the word
"basic".
282. In paragraph 138. 1, letter h) the following letters) to)
are added:
"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 ".
The present letter i) is referred to as the letter l).
283. In article 138, paragraph 4 shall be deleted.
284. In paragraph 144. 1 the word "once" replaced by the word "twice" and
the words "acceptance of the visit and for a period of less than a week and longer duration"
replaced by the words "more frequent acceptance of visits or longer periods of
the duration of ".
285. In section 144 at the end of paragraph 2 the following sentence "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. ".
286. Article 145, paragraph. 2 at the end of the text of the third sentence, the words ",
If the Device Manager decides the custody and issue of zajištěnému
When the release of the foreigners ".
287. Article 145, paragraph. 4 at the end of the text of the first sentence, the words ", and
it once a week amount to Czk 300 ".
288. In § 146 paragraph. 1 the first sentence, the words "the Ministry is entitled to"
replaced by the words "the operator is entitled to" and the words "residing on the device
and "shall be deleted and the second sentence, the word" Department "shall be replaced by
the word "operator".
289. In § 146 paragraph. 2 and section 147, paragraph. 1 the first sentence, the word "Ministry"
replaced by the word "operator".
290. In section 147, paragraph. 1 the first sentence, the word "Ministry" is deleted.
291. § 150, including footnotes, no. 43:
"§ 150
(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.
43) section 2 (a). u) Act No. 365/2000 Coll., on information systems
public administration and on amendments to certain other laws. ".
292. In § 152 paragraph. 3 (b). (e)) and section 154, paragraph. 1 the words "public
order, protection of public health "shall be replaced by the words" seriously
to disrupt public order, endanger public health ".
293. Article 154, paragraph. 4 (b). and the words "paragraph). 4 "shall be replaced by the words ' paragraph 4 '.
6. "
294. In paragraph 154. 6, the words "seriously endanger public
order or "shall be replaced by the words" seriously harm the public
order or to endanger ".
295. Title XIV title, including:
"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 facility providing in-patient care, to
which for health reasons is placed 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.
§ 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 the 100 000 CZK) for each alien, with respect to the administrative tort by
paragraph 1 or 2 and the alien was transported from the territory of a Contracting State,
(b)), from 100 USD to 500 USD for each 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,
(c)) 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.
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. If it is in violation of § 104 paragraph. 1
or 2 the carrier transported to an alien from the territory of a Contracting State without a visa for
the purpose of the immediate travel outside the territory of the Contracting States,
the administrative tort is started.
(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 detects a breach of an obligation. ".
296. In section 158, paragraph. 1, letter (f)), the following new paragraph (g)), which
added:
"(g)) biometric data to be processed in a computerized card for authorisation to
stay ".
Letter g) is renumbered as paragraph (h)).
297. In section 158a is inserted after paragraph 3 a new paragraph 4 to 6, which
added:
"(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 residence Ministry. ".
The current paragraph 4 shall become paragraph 7.
298. the following shall be added in section 158a of paragraph 8 and 9 shall be added:
"(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 blue card data from
central registration of vacancies obsaditelných holder Blue
the cards in a way that allows remote access to the extent
and the employer's identification data), for which it is registered free
a job holder of a blue card programmable; provided by the
identification data are 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 Blue
the card is reserved or appropriate for a person with a disability,
(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. "
299. In section 159, paragraph. 10, after the word "Police", the words "or
the Ministry ".
300. the following is added in section 159, paragraph 11, which read:
"(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. ".
301. In section 160, paragraph. 1 the first sentence, after the words "§ 158", the words "and
158a "and at the end of the first sentence, the words", except for the data
biometrics, which are always processed in electronic form ".
302. In section 160, paragraph. 6 the word "destroy" be replaced by the word "destroyed".
303. In section 160, the following paragraph 7 is added:
"(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. ".
304. In section 160a (a). (b)), the word "dislokovaná" shall be replaced by
"detached".
305. In section 160a (c)):
"(c)) Department of the foreign police regional Directorate of police (hereinafter referred to as
"the Department of immigration"), ".
306. Article 161, paragraph. 1 letters and) and (b)):
"and the foreign police services Directorate) and its detached workplace
(b) the Aliens ' police unions). ".
307. In paragraph 163. 1 (d)):
"(d)) and checks the activity governed by methodically unions foreign police,".
308. In section 163, paragraph. 1 (a). (f)), point 1, the words "to the district headquarters
the foreign police "shall be replaced by" foreign police departments. "
309. In paragraph 163. 1 (a). (f)) at the end of the text of paragraph 2, the words
"or the revocation of such a decision in accordance with section 119a, paragraph. 5 and
6. "
310. In paragraph 163. 1 the letter m) is added:
"m) decides on the granting of short-term visas at the border crossing,".
311. Article 163, paragraph. 1 (a). w) and section 167, paragraph. 1 (a). the words "),
in particular, whether assigned or not whether his assigned
the declared consent has not been determined paternity of ' shall be deleted.
312. In paragraph 163. 2 (a). (c)), the words "cover the costs associated with the
resident alien on the territory seized and his departure from the territory "
replaced by the words "payment of the costs of administrative expulsion
secured foreigners "and the words" of the ^ 16b) "shall be replaced by the words
"regulation of ^ 42)".
313. In section 163 at the end of paragraph 2, the period is replaced by a comma and the following
the letter d) and e) are added:
"d) provides transportation and guarding of the alien who has been refused entry to the
the territory, if his health condition requires immediate transport to
medical facilities (section 10), to the medical facility and back
at 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. ".
314. § 164 including title:
"§ 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), and recover their remuneration,
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 immediate transport to
medical facilities (section 10), to the medical facility and back
at 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 in a medical facility, to carry out consular visits,
to perform the acts in criminal proceedings, to perform other 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. ".
315. In § 165 (c)):
"(c)) shall decide on the grant of long-term visas, extension of period of stay and
the validity of the visa, ".
316. In section 165 letter e) is added:
"e) decides on the payment of the cost of administrative expulsion
guaranteed foreigners and recover their remuneration, if their payment
the police does not act [section 123 (6))] ".
317. In section 165 at the end of the text of the letter g), the words "or the card
for a residence permit pursuant to section 117a ".
318. In § 165 (c). n) for the word "card", the words "and the blue
card ".
319. In paragraph 165a. 2 the word "extract" shall be replaced by the word "copy".
320. In section 167, paragraph 2 reads:
"(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. ".
321. In section 167, paragraphs 3 and 4 shall be deleted.
322. section 168, including the title:
"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, 42 g, 49, 50, 52, 53, paragraph. 3,
section 122, paragraph. 1 and 2, section 123a, section 135, paragraph. 3, § § 148, paragraph 154. 2, § 155
paragraph. 1, section 180, 180b, 180d, 180e and 180h. ".
323. Article 169, paragraph 1 shall be deleted.
Paragraphs 2 to 11 shall become paragraphs 1 to 10.
324. In § 169 at the end of paragraph 1, the period is replaced by a comma and the following
the letter f) and (g)) are added:
"(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. ".
325. In paragraph 169. 2, the first sentence shall be deleted and in the fourth sentence, after the word
"control", the words "before the hearing".
326. In section 169, paragraph. 3, the word "territory", the words "against the
the decision on obligation to leave the territory "and the words" paragraph 9 "
replaced by the words "paragraph 10".
327. In § 169 at the end of paragraph 5, the following sentence "the appeal against the
a decision on administrative expulsion always has suspensory effect. ".
328. In section 169, paragraph 5, the following paragraphs 6 and 7, which
added:
"(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. "
Paragraphs 6 to 10 shall be renumbered as paragraphs 8 to 12.
329. In section 169, paragraph. 8 of the introductory part of the provision, the word "control"
the words "on request".
330. In section 169, paragraph. 8 (a). and the words "paragraph). 2 "shall be replaced by the words ' paragraph 4 '.
3 or § 44a of the paragraph. 13 "and the words" or under section 74 permanent
stay "shall be deleted.
331. In paragraph 169. 8 (c)):
"(c)) handed on territory of the application for a permit for a long-term or permanent
stay, although the submission of the application to the territory is not entitled to, ".
332. In § 169 at the end of paragraph 8 shall be replaced by a comma and dot
with the letters e) to (g)) are added:
"e) has 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. ".
333. In paragraph 169. 12, the words "on the instruction of the police or the Ministry of the
Representative Office shall be empowered to "be replaced by" Representative Office is
also the "and the words" paragraph 3 "shall be replaced by the words" paragraph 2 ".
334. In § 169 shall be added to paragraph 13 and 14 indents are added:
"(13) an alien who is not listed in the law issued according to § 182
paragraph. 1 (a). (f)), 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. ".
335. In paragraph 170. 1, the first sentence shall be replaced by the phrase "a request for the grant of
long-term visas, with the exception of the diplomatic visa or a special visa,
and a request for extension of the period of validity of the visa to stay over 90 days
sufferance stay in the territory of the alien is obliged to submit personally. ".
336. Article 170 paragraph 2 and 3 shall be added:
"(2) the authority may provide for the obligation of the representative in advance to arrange
the term of 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. ".
337. Article 170, paragraph 9 shall be deleted.
Paragraphs 10 and 11 shall become paragraphs 9 and 10.
338. Article 170, paragraph. 9, the word "police" shall be replaced by the word "territory".
339. Article 170, paragraph 10 shall be deleted.
340. under section 170, the following new section 170a and 170b, which including the comments below
line No 44:
"§ 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.
44) Act No. 435/2004 Coll., on employment, as amended,
regulations. ".
341. In section 171, paragraph. 1 at the end of the text of subparagraph (a), the words "); It
does not apply, if the refusal of a visa a family member of a citizen
The European Union ".
342. In section 171, paragraph. 1 at the end of the text of the letter b), the words "; It
does not apply in the case of refusal of entry to citizens of the European Union or its
a family member ".
343. In article 171, paragraph 2 is deleted. At the same time, the designation shall be deleted;
of paragraph 1.
344. Article 172, paragraph 4 reads:
"(4) an action against a decision regarding the securing of a foreigner or against a decision
on the extension of the duration to ensure foreigners are served through
the police or the competent court. In the event that the action is brought
through 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
the action is brought before the competent court, the Court's administrative file.
The police shall submit to the Court comments on the lawsuit and the administrative file within 5 days.
At the same time the police their observations to the application delivers foreigners. ".
345. In section 172 shall be added to paragraph 5 and 6 are added:
"(5) on the action against the decision regarding the securing of a foreigner and a lawsuit against
the decision on the extension of the duration of the alien's Court to ensure
7 working days from the date of receipt of the administrative file of the Court. Court orders to
consideration of the case of 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. About must be
the stranger in the decision of the police instructed. If the Court decides on the abolition
the contested decision shall be forwarded to the parties to a judgment immediately
After the publication of the judgment at the hearing, or, if it was decided without
Regulation of conduct, the judgment of the Court delivered to interested parties within 24 hours of
its release.
(6) the procedure for the application against the decision of the administrative expulsion is locally
the regional court in whose area is the alien, to whom it was issued
a decision on administrative expulsion in the day of submission of the claim reported to stay;
in the case of an alien who does not have to report the stay, regional court, in whose
the circuit is predominantly resides. The action against the decision of the administrative
expulsion the Court decides within 60 days. "
346. In section 173, the words "the residence card was issued" shall be replaced by the words "has been
issued a residence card ".
347. under § 174 of section 174a is inserted, which including the title:
"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 domicile. ".
348. § 175:
"§ 175
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. ".
349. Article 176 paragraph 3 reads:
"(3) If you cannot provide health care in a facility shall ensure that the
Ministry of providing health care in health care facilities outside the
device. ".
350. In section 176, the following paragraph 6 is added:
"(6) health care of the alien in the performance of security detention, custody or
in the imprisonment shall be granted to the extent specified in the
paragraph 1, and article 134, paragraph. 2. the costs of health care provided by
the first sentence, which are not covered by special legislation
or international treaty, shall be borne by the State. Health care provided
strangers at his request, beyond, as defined in the first sentence, shall be borne by the alien
from their own resources. ".
351. section 176a and 176b including the following titles:
"section 176a
Health care in special cases
(1) foreigners during the time to travel from the territory provided for by §
50A or § 118 paragraph. 3 in the territory will provide health care
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 without rapid provision of health care, permanent disease
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) health care costs borne by the State, if the need for health care
After determining the period to exit from the territory in accordance with § 50a or section 118
paragraph. 3.
(3) in the case of when the costs of health care provided 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 be granted to health care 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
associated with the provision of health care 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 provides Ministry. ".
352. under section 176b § 176 c shall be inserted, which including the title:
"§ 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
provážen. ".
353. In § 178a, the current text becomes paragraph 1 and the following
paragraph 2, which reads as follows:
"(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. ".
354. under § 178a, the following new section 178b up to 178d:
"§ 178b
(1) Employment for the purposes of this Act, means the power to
that a foreigner needs a work permit ^ 8e), green card or
the 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), green card or blue
card. For the employer shall also be considered a legal person for which the
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.
§ 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, the decision on the location of the
secured to a part of the alien with a strict regime and the decision on the
the extension of the location of the secured foreigners into parts with strict mode and
inform it of the decisions of the court actions brought against these
decision and of the decisions of the Court in proceedings for the release of foreigners from
ensure under special legislation ^ 17). ".
355. In section 180 paragraph. 6 (a). (c)), the words "§ 180i paragraph. 1 "shall be replaced by the words
"or section" and the number "180j 30 000 ' is replaced by ' 60 000".
356. In Section 180a, paragraph 1 shall be deleted. At the same time, the designation shall be deleted;
of paragraph 2.
357. § 180e including title:
"§ 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, invalidating the short-term visa issued
the foreigners, who within the territory concerned shall enjoy the privileges and immunities, or
Declaration of short-term visas for invalid reasons laid down directly
the applicable law of the European communities of 27), and ^ ^ if the
the family of a citizen of the European Union, with the reasons set out in section 20
paragraph. 5. In the framework of the new assessment of the reasons for the refusal to comply
short-stay visa is the Ministry of Foreign Affairs is obliged to request
the binding opinion of the police in cases where the reason for its failure was
the dissenting opinion of 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 application. ".
358. § 180i and 180j, including headings and footnotes, no. 45:
"§ 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 health care costs are reimbursed on the
under the international treaty, or if the alien demonstrates that the health
care paid for by other means, and on the basis of a written commitment
legal persons, if the stay of a foreigner on the territory of the good for the development of
spiritual values, the protection of human rights and other humanitarian
values, the protection of the natural environment, cultural heritage and traditions,
the development of science, education, sports and the sports, or on the basis of the written
the commitment of the State authority. Submission of proof of travel health
insurance required from foreigners, which could not, for reasons of its
will independent to ensure such insurance on the territory of the State of your stay
or from an alien as referred to in section paragraph 42b. 3; in this case, the foreigner
obliged to arrange insurance without undue delay for a stay in the territory,
not later than 3 working days from the date of entry into the territory. The submission of the
evidence of travel health insurance is also not required if the
Embassy from his request for the granting of diplomatic or
the special visa dropped, if the alien in the territory in the interest of the Czech
the Republic or if the citizen of the European Union or his or her 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: (a))
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, (b) on request, proof of) the payment of premiums for insurance on the
all the time desired for 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), if health care costs paid on the basis of
the international treaty, or if the alien demonstrates that health care is
paid for by other means, and on the basis of a 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,
protection of the natural environment, cultural heritage and traditions, the development of science,
education, physical education and sport, on the basis of a written commitment to the State
authority or on the basis of the commitment contained in the police authenticated the invitation
under 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
the insured in contractual healthcare facilities 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.
45) Law No 277/2009 Coll., on insurance. ".
359. the following section is inserted after section 180j 180 k, which reads as follows:
"§ 180 k
The scope provided for by this Act, the municipal office municipality with
extended jurisdiction and authorized the municipal authority is delegated
scope. ".
360. In section 182 paragraph. 1 (b)):
"(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 airport transit visas, ".
361. In paragraph 182. 1 (f)):
"(f)), after consultation with the Ministry of Foreign Affairs, list of countries,
whose nationals are eligible to apply for a visa
the issue of permits for the long-term or permanent residence in another
the Embassy than in the State of which the foreigner is a national
a member, where appropriate, which issued the travel document, which is an alien
the holder, or in the State in which the alien has allowed long-term or
permanent residence ".
362. Article 182 is at the end of paragraph 1, the following points (g) and (h)))
added:
"(g)) the technical conditions and the procedure for the acquisition of biometric data and the
signature of foreigners for the purpose of issue of the licence for a residence permit,
h) model of the Protocol pursuant to section 117a, paragraph. 4 and the conditions of its
processing. ".
363. In section 182a, the following paragraph 3 is added:
"(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. ".
Article. (II)
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.
PART THE SECOND
Amendment of the asylum Act
Article. (III)
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),
as amended by law No. 2/2002 Coll., Act No. 217/2002 Coll., Act No.
320/2002 Coll., Act No. 519/2002 Coll., Act No. 222/2003 Coll., Act No.
501/2004 Coll., Act No. 539/2004 Coll., Act No. 57/2005 Coll., Act No.
350/2005 Coll., Act No. 112/2006 Coll., Act No. 137/2006 Coll., Act No.
165/2006 Coll., Act No. 170/2007 Coll., Act No. 343/2007 Coll., Act No.
379/2007 Coll., Act No. 129/2008 Coll., Act No. 140/2008 Coll., Act No.
274/2008 Coll., Act No. 41/2009 Coll., Act No. 197/2009 Coll., Act No.
227/2009 Coll., Act No. 281/2009 Coll., Act No. 306/2009 Coll. and award
The Constitutional Court declared under the No 9/2010 Coll., shall be amended as follows:
1. In section 2, paragraph 8:
"(8) for the persecution for the purposes of this Act, shall be considered a serious
violation of human rights, as well as measures affecting psychological coercion or
other similar negotiations, if they are implemented, or supported by other guests
persecution. ".
2. In section 2, paragraph 8, the following new paragraphs 9 and 10 are added:
"(9) the originator of the persecution or serious harm (section 14a) means the State
authority, party or organisations controlling the State or a substantial part of the
the territory of the State of which the alien is a citizen or in which the person was
without citizenship last permanent residence. The originator of the
persecution or serious harm means also a private person, if you can
to prove that a State party or organisations, including international
organisation, controlling the State or a substantial part of its territory are not
unable or unwilling to adequately protect against
persecution or serious harm.
(10) to persecution or serious harm shall not be considered if the alien
taking into account the personal circumstances of the find effective protection in another part of the
State whose nationality is, or if a person without the State
citizenship, in other parts of the State of their last permanent residence, if the
the fear of persecution or serious harm applies only to part of the territory of the
State. ".
Paragraphs 9 to 13 are renumbered as paragraphs 11 to 15.
3. In the heading of title II, the word "VISA" shall be replaced by the word "CERTIFICATE".
4. In section 3, at the end of paragraph 2 the following sentence "for the Declaration of
international protection shall also not be considered as a manifestation of the will of foreigners according to the
paragraph 1, has made this statement to a foreigner after the final termination
the procedure for granting international protection and, after the decision of the Minister
Justice for authorization to release the alien, or after the decision
the Court of the transmission of the alien pursuant to a European arrest warrant to the criminal
prosecution or to imprisonment to a foreign State in accordance with
special legal regulation ^ 14). ".
Footnote No 14:
"14) Act No. 141/1961 Coll., on criminal court proceedings (code of criminal procedure), in
amended. ".
5. In section 3, the following paragraph 4 is added:
"(4) an alien who has made a Declaration on the international protection of and demonstrated
his identity or travel document proved her affidavit,
the issue of a certificate of the Declaration on international protection (hereinafter referred to as
the "certificate"). ".
6. In section 3a (a). and (4)) after the word "Treaty" shall be replaced
"agreed with other Member States of the European Union prior to the day of the 13. January
2009 ".
7. § 3 c to 3f, including footnote 4:
"§ 3 c
(1) the certificate is valid for the period set out in it.
(2) the certificate shall be issued, if the stranger made a statement about the
international protection in the transit area of an international airport or in
Reception Center.
§ 3d
(1) an alien who has made a Declaration on the international protection, is entitled to
stay in the territory until the submission of the application for the grant of international protection;
This does not apply, if it is ensured by special legal regulation ^ 4) or
in the case of foreigners, which has made a Declaration on the international protection in
the transit area and the international airport was not allowed entry to the
territory (§ 73). The Ministry is entitled to a stay of foreigners, which has made
Declaration on the international protection, limited to a part of the territory (§ 46 and
46A).
(2) an alien is obliged, within 24 hours of the Declaration of the international
protection in the receiving centres designated by the Ministry.
section 3e
(1) Permission to stay for foreigners, which has made a Declaration on international
protection, and the validity of the certificate shall lapse if the alien fails to
the reception centre within the time limit laid down in section 3d; This does not apply if,
obstacle to the will of foreigners to an independent, which prevents its appearance to
the reception centre.
(2) the validity of the certificate is extended for the duration of the obstacles on the will
alien independent, which defends its appearance to the receiving
of the Centre.
(3) an alien shall be obliged to
and) obstacle without undue delay, notify the police or Ministry
(b) come to the reception) centers within 24 hours after the apostasy
the obstacles.
section 3f
(1) on the alien, who has made a Declaration on the international protection, for
the purpose of the provision of health care (para. 88), and the provision of accommodation, food
and other necessary services [§ 42 paragraph 1 (b)) and § 42 paragraph. 2] visor
by the time of the filing of the application for the grant of international protection to the applicant of the
the granting of international protection
and when) is entitled to reside in the territory (section 3d), or
(b)), since the Declaration of international protection made in the course of the
hospitalization or performance security detention, custody or punishment
the deprivation of liberty.
(2) After the period referred to in paragraph 1 of the alien's stay cannot be stopped on the territory of the
on the basis of an official decision.
4) Act No. 326/1999 Coll., as amended. ".
8. § 3 g is deleted.
9. In section 8 and letter):
") to the procedure for granting international protection to asylum proceedings for the deprivation of
or supplementary protection, the authorization procedure for entry into the territory of the parties,
that have made a declaration of international protection, to proceedings for the obligation
remain in the reception center and the extension of the additional
of protection ".
10. In section 8 (b). (b)), the words ", if it is not the appropriate Czech Republic"
shall be deleted.
11. In section 9, the words "the grant of international protection and on the procedure for the withdrawal of
asylum or subsidiary protection "shall be replaced by the words" guided by this
the law ".
12. In section 10, at the end of paragraph 1, the following sentence "the filing of the application
means a complete stranger with the designated worker
Ministry. ".
13. In section 10, paragraph 1. 3 the first sentence, the words "in the invitation shall determine the place and time to
the submission of this request "shall be replaced by the words" a challenge deliver foreigners at least 2
working days in advance, "and in the first sentence, the following sentence" the alien is obliged to
attend to filing a request for the grant of international protection in place and
the time specified by the Ministry. ".
14. the heading of section 10b is inserted: "the right of the applicant for the grant of international protection
on the border crossing of a Member State of the European Union corresponding to the
the assessment of the application for the grant of international protection ".
15. In section 10b, the words "to the relevant Member State of the European Union"
replaced by the words "at the border crossing of a Member State of the European Union
the relevant ".
16. In section 13 (3). 2 (a). (d)) and in section 14b, paragraph. 2 (a). (d)), the words "§ 2
paragraph. 11 "shall be replaced by the words" § 2 (2). 13. "
17. In section 13 (3). 2 at the end of subparagraph (c)), the word "or" shall be deleted,
the end of paragraph (d)), the dot is replaced by "or", and the following
letter e), which reads as follows:
"e) free sibling azylanta under 18 years old.".
18. In section 14b, paragraph. 2 at the end of subparagraph (c)), the word "or" shall be deleted,
the end of paragraph (d)), the dot is replaced by "or", and the following
letter e), which reads as follows:
"e) free sibling persons enjoying subsidiary protection, which is
under 18 years old. ".
19. In section 18 (a). (d)), the words "permission to stay in the territory granted
a person enjoying subsidiary protection (section 53a) "shall be replaced by the words", at the
the additional protection granted to ".
20. In section 20 (2). 1 (a). (c)), for the words "proceedings" shall be inserted after
"extension or".
21. In article 20, paragraph 2 shall be deleted. At the same time, the deleted paragraph mark
1.
22. In section 22, paragraph. 1 the words "on all of the time management" is replaced by "on the
acts in the control and management of the related ".
23. In section 23 is at the end of the text of paragraph 1, the words ", if it is not
the interview is necessary to determine the basis for a decision ".
24. In section 23, paragraph. 2, after the word "Ministry", the words ", and it
the written summons delivered to the applicant on the grant of international protection
at least 2 working days before the interview. "
25. In section 24, paragraph. 3, the second sentence shall be replaced by the phrase "Does the
the addressee within 10 days from the date when the document was saved,
the last day of the period is the date of receipt.
26. In article 24, paragraphs 4 and 5 shall be deleted.
The present paragraph 6 is renumbered as paragraph 4.
27. In section 24a, the following paragraph 3 is added:
"(3) If a party to proceedings is a decision represented, served
the Department of international protection representatives and represented.
The legal effects of delivery occur by delivering the represented person. ".
28. In section 27 of the present text becomes paragraph 1 and the following
paragraph 2, which reads as follows:
"(2) if the Court decides or has already decided on the admissibility issue
the applicant for the grant of international protection or on the transfer of the applicant for
the granting of international protection under a European arrest warrant to
criminal prosecution or to imprisonment to a foreign State
under a special legal regulation, 14), shall execute the ^ Ministry thing
as a priority. Decision in the matter of the Ministry shall issue, without delay,
not later than 60 days from the date of initiation of the proceeding. The Court, Prosecutor,
The Ministry of Justice and Ministry of Foreign Affairs are
required to provide the necessary assistance to the Ministry. ".
29. In article 31a, the following shall be added at the end of the text "party".
30. In § 32 paragraph. 4, the words "make a statement about the international protection in
the transit area of the International Airport "shall be replaced by the words" is to stay
reported in the reception center at the International Airport ".
31. In section 41 paragraph 3 reads:
"(3) If the decision was made to grant asylum, Ministry of travel
the document, to be kept. The Ministry shall transmit to the travel document to the police, if there is a
the withdrawal or the demise of the asylum, and the validity of the travel document expired.
Invalid travel document returns a police State which issued it, as
the document found in the territory. ".
32. In section 42 at the end of paragraph 4, the following sentence "the financial contribution of the
provides only for the duration of the presence of the applicant for the grant of international
protection in asylum facilities. ".
33. In article 42, the following paragraph 7 is added:
"(7) the Ministry shall provide to the applicant for the grant of international protection,
which is reported to stay at a job centre, or pobytovém
the single financial contribution in the amount of CZK 5 000, death occurs
a family member of the applicant for the grant of international protection (section 13
paragraph. 2 and Article 14b, paragraph. 2), which was at the time of the deaths reported to stay at
receiving or pobytovém Center. ".
34. In paragraph 46. 1 (a). (c)), the words "visa for a stay up to 90 days
for the purpose of proceedings for the granting of international protection (hereinafter referred to as "visa
the purpose of the procedure for the granting of international protection ") and" shall be deleted.
35. In section 46a, paragraph. 3 is the number "7" is replaced by "30".
36. Section 46a, paragraph 5 is added:
"(5) the procedure for application is locally competent regional court, in whose district the
is the applicant for the grant of international protection on the day of submission of the claim reported to
the stay. The action against the decision of the Ministry in accordance with paragraph 1 shall be made
or through the competent court. In the event that the action is
made by the Ministry, the Ministry shall submit to the Court
the action, expressing the action and administrative file within 5 days from the date of delivery of the
the action. In the event that the action is brought before the competent court, the
the Court of the administrative file. The Ministry shall submit to the Court expressing the action and
the administrative file within 5 days. At the same time the Ministry their observations to the application
deliver to the applicant on the grant of international protection. Of the petition the Court shall decide
within 7 working days from the date of receipt of the administrative file of the Court. Court orders
to hear the case of 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. About must be
the applicant for the grant of international protection in the decision of the Ministry advised.
If the Court decides about the annulment of the contested decision, delivered the judgment of the
the participants of the proceedings immediately after the publication of the judgment at the hearing, or
If it was decided without hearing the Court shall
the interested parties within 24 hours of its release. If the Court decides on the
annulment of the contested decision and the Ministry issued a new decision in
3 days from the judgment, the applicant for the grant of international protection
shall without undue delay will allow to leave the reception centre ".
37. In § 50a paragraph. 1, after the words "pocket money", the words "or a financial
post under section 42, paragraph. 4. "
38. In § 50a paragraph. 1 at the end of the paragraph the following sentence "Single
the financial contribution shall, under the conditions laid down in the first sentence on
provides azylantovi, which has been recognised under the international refugee
by decision of the Office of the High Commissioner of the Treaty, and the azylantovi, which was
as the applicant for the grant of international protection at the time of the entry into force
the decision on the grant of international protection reported to stay in the facility for
the Czech Republic under special legislation ^ 4). ".
39. section 52 reads as follows:
"§ 52
Azylant is obliged to
and protect card) to stay and travel document before
damage, destruction, loss, theft or misuse; in the event that the
some of these circumstances has occurred, it shall promptly notify
the Ministry,
(b)) for the residence card to prove to the competent authorities of their
the identity or other facts entered in the licence on the basis of the law,
(c) the Ministry shall immediately request) issue a new certificate of authorization to
stay, if your existing card force
(d) request the Ministry of) extension of the period of validity of the certificate of authorization
to stay within the time limit of 90 days before the expiry of the validity period. In the event that the
the filing of the application within the time limit prevents the reasons on the will of azylanta
the independent, azylant is obliged to submit the request within 15 working days after the
the demise of these reasons,
(e) the surrender of the licence), residence permits and travel documents to the Ministry in
the event of the withdrawal or the demise of the asylum; in the case of the demise of the asylum due according to the
section 18 (a). and he has this obligation), who forwarded the card or azylant
the guy who found this card,
(f)) to cast an invalid document issued under this Act to the Ministry,
g) notify the Department outside of the territory stay longer than 365 days,
h) suffer after taking a decision on granting asylum, for the purpose of release
certificate of residence permit, the acquisition of biometric data and its
signature, which is designed to further digital processing; the signature is
the Pact, if azylantovi in its execution prevents hard to beat
obstacle. Azylant is obliged within the time limit laid down by the Ministry,
However, at the latest within 60 days from the date of acquisition of biometric data
come to the Ministry to take over the licence of residence permit,
I tolerate the current acquisition) biometric data technical
facilities in order to verify the authenticity of the certificate of residence permit or
the verification of the identity of the azylanta,
(j)) within the period specified by the Ministry, but no later than 60 days from the date of
acquisition of biometric data, if the issue of a certificate of authorization to
stay in substitution for the card is damaged, destroyed, lost, stolen or
If the broken data carrier, to take the new card to
stay. ".
40. § 53a and 53b:
"§ 53a
(1) Supplementary protection shall be granted for the period during which the person enjoying
additional protection of the risk of serious injury (§ 14a), but at least for 1 year.
A person enjoying subsidiary protection is allowed to stay in the territory for a period of
laid down in the decision on the grant of supplementary protection.
(2) the Ministry shall provide the person enjoying subsidiary protection, which
as the applicant for the grant of international protection receive pocket money
or a financial contribution in accordance with § 42 paragraph. 4, on the written request of
filed not later than 3 days from the entry into force of decision granting
international protection of the single financial contribution in the amount of the
minimum ^ 9) of the person and persons evaluated jointly with it (section 42 (3)).
The single financial contribution shall, under the conditions laid down in the first sentence
also provide the person enjoying subsidiary protection, which was as
the applicant for the grant of international protection at the time of the entry into force
the decision on the grant of international protection reported to stay at the device
to ensure foreigners under special legislation ^ 4).
(3) the Ministry of a person enjoying subsidiary protection in writing instruct in
native language or in the language in which it is able to communicate,
its rights and obligations no later than 3 days from the date of acquisition of the legal
the decision on the grant of supplementary protection.
(4) a person enjoying subsidiary protection shall be entitled to request
the extension of the period for which protection is granted. This request
must a person enjoying subsidiary protection to submit no later than 30 days before the
the expiry of the period for which the complementary protection granted to her. The Ministry of
extended period of time, after which it is granted additional protection, in the event that the
a person enjoying subsidiary protection continue to threaten serious harm (section 14a) and
If there are not the reasons for her withdrawal (section 17a). Additional protection
extends at least 1 year.
(5) unless the Ministry about the request for the extension of the additional
protection in the time of validity of the residence permit in the territory,
the validity of the residence permit in the territory until the date of entry into force
the Ministry's decision on the application. If the request for the extension of the
additional protection within the time limit prevents the reasons on the will of the people
beneficiaries of subsidiary protection are independent, is authorized to submit this request
within 3 working days after the defection of these reasons.
(6) a person enjoying subsidiary protection is required after the takeover
the decision on granting supplementary protection or after taking a decision on the
extension of the additional protection for the purpose of issue of the licence for the authorization to
stay on the challenge personally come to the Ministry 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.
(7) a person enjoying subsidiary protection is required 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.
§ 53b
A person enjoying subsidiary protection is required to
and notify the Department of fact, significant) for maintaining supplementary
protection,
(b)) to protect card to stay and travel document before
damage, destruction, loss, theft or misuse; in the event that the
some of these circumstances, it is obliged to immediately notify
the Ministry,
(c)) for the residence card to prove to the competent authorities of their
the identity or other facts entered in the licence on the basis of the law,
(d) the surrender of the licence) residence permits and travel documents to the Ministry in
the case of withdrawal or dissolution of subsidiary protection. In the case of the demise of the
additional protection from the reasons mentioned in section 18 (a). and has this obligation)
the one person enjoying subsidiary protection card, or the
who found this card,
e) cast invalid document issued under this Act to the Ministry,
f) notify the Department outside of the territory stay longer than 365 days,
g) to submit to an identification tasks pursuant to section 47, if they are given the legal grounds for
for the withdrawal of the additional protection,
(h)) to submit to an acquisition of biometric data for the purpose of issuing a certificate of
residence permit and subsequent verification of the authenticity of this certificate, and
authentication of the identity of persons enjoying subsidiary protection by comparing
biometric data processed in a data medium and biometric data
included in the information systems under this Act, or
biometric data is currently acquired through special
technical equipment,
I tolerate the current acquisition) biometric data technical
facilities in order to verify the authenticity of the certificate of residence permit or
authentication of the identity of persons enjoying subsidiary protection,
(j)) within the period specified by the Ministry, but no later than 60 days from the date of
acquisition of biometric data, if the issue of a certificate of authorization to
stay in substitution for the card is damaged, destroyed, lost, stolen or
If the broken data carrier, to take the new card to
stay. ".
41. In section 56, the words "residence permit, licence, licence azylanta
permission to stay the person enjoying subsidiary protection "shall be replaced by the words
"the card of residence permit".
42. The title of title VIII: "the LICENCE applicant for the GRANTING of INTERNATIONAL
PROTECTION, LICENCE OF RESIDENCE PERMITS AND TRAVEL DOCUMENTS ".
43. In section 57, paragraph. 1, the words "a Declaration on the international protection of"
replaced by the words "the submission of the application for the grant of international protection".
44. In paragraph 57. 3, the first sentence shall be replaced by the phrase "card of the applicant of the
the granting of international protection is a public document that shows
the identity of its holder and the legitimacy of his stay in the territory. ".
45. In section 57, paragraph. 4, the words "granted the visa (section 72 and 85b)" shall be replaced by
the words "the time of its validity".
46. In paragraph 57. 5 the first sentence, the words "in accordance with the period of validity of a visa
for the purpose of proceedings for the granting of international protection "shall be replaced by the words
"at least 60 days".
47. In article 58, paragraph 3 reads:
"(3) the holder of a licence to the applicant for the grant of international protection
present and fully recognizes the grounds for invalidity of a certificate, may be grounds for
the decision to replace the manually signed a declaration by the holder of the
the card, with a decision about its invalidity agrees. The appeal against the
the decision in this case is permitted. ".
48. in title VIII the title of part 2: "Pass for a residence permit".
49. section 59 including title and footnote 15:
"section 59
The card of residence permit
(1) Licence for a residence permit is issued for a public Charter
azylantovi and the person enjoying subsidiary protection.
(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. If the azylanta or
a person enjoying subsidiary protection under 6 years, if applicable
the legislation of the European Community does not provide different ^ 15) age
border, or azylanta or a person enjoying subsidiary protection, for which the
It is not possible to take fingerprints of the hands for reasons of anatomic or
physiological changes, or disability of the fingers of the hands, the issue
the license for the residence in which biometric data are from
only processed data on the display face. In the data medium is in this
If the indication that the data carrier does not have the fingerprints of the hands
azylanta or persons enjoying subsidiary protection.
(3) a Licence of residence permit contains data set directly
the applicable law of the European communities of 15 ^ ^)
and an indication of the form) granted international protection,
(b) the social security number),
(c)) instead of reporting for the territory,
(d)) record of the deprivation or restriction of legal capacity,
e) digital processing signature azylanta or beneficiaries
additional protection.
(4) the Ministry will acquire the biometric data or of the person azylanta
beneficiaries of subsidiary protection and their signature designed to further
digital processing; the signature of the Pact, if azylantovi or person
beneficiaries of subsidiary protection in its execution prevents hard to beat
obstacle. At the same time processes using data that are on the azylantovi
or a person enjoying subsidiary protection held in information systems
under this law, the Protocol that provides the information necessary for the issuing of
the licence for a residence permit.
(5) when you pass the licence of residence permit to the Ministry of azylanta or
a person enjoying subsidiary protection proven about the conditions of
the use of the card in order to avoid damage or abuse. When
the surrender of the licence for a residence permit at the request of the Ministry of azylanta
or persons enjoying subsidiary protection shall verify the accuracy of personal data
referred to in the licence issued for a residence permit, the functionality of the carrier
data with biometric data and the accuracy of it being processed
biometric data. The functionality and accuracy of the storage media in it
biometric data are processed and authenticates using the technical equipment
allowing comparison of the biometric data of the alien is currently displayed
with biometric data processed in a computerized card for authorisation to
the stay. In the event of malfunction data carriers with biometric
data, where appropriate, detect inaccuracies therein personal
data, or in the case of detection of inaccuracies of personal data processed
in the certificate of residence permit, the azylantovi or the person enjoying
supplementary protection shall issue a new licence for a residence permit.
(6) the holder of a residence permit is entitled to ask the
Ministry to verify the functionality of the data carriers and accuracy in it
processed biometric data. In the event of malfunction
data carriers with biometric data, where appropriate, detect inaccuracies in it
the personal data processed, or in the case of detection of inconsistencies
personal data processed in the card for a residence permit,
azylantovi or a person enjoying subsidiary protection shall issue a new licence for the
the residence permit; the issue of a new certificate in this case is subject to the
administrative fee only if the broken data carriers with
biometric data was caused by circumstances for which azylant or
a person enjoying subsidiary protection shown to know that they can
cause damage or non-functionality of data carriers with biometric data.
(7) the biometric data can be used only for verifying the authenticity of
certificate of residence permits and the verification of the identity of the person or azylanta
beneficiaries of subsidiary protection, and by comparing the biometric data
processed in the data medium with the data passing in information systems
under this Act, on the subjects of the data or by comparing the
biometric data processed in the data medium with the currently displayed
biometric data azylanta or persons enjoying subsidiary protection
established in the course of identification, with the help of the technical
the device.
(8) If a azylant or a person enjoying subsidiary protection cannot
the purpose of the verification of the identity of the present licence for a residence permit, which is
the holder, or if the data carrier with the biometric data in identity card on the
the residence permit is not functional, the verification of the identity of the acquisition
fingerprint azylanta or persons enjoying subsidiary protection and their
by comparing the biometric data connection for these purposes in information
systems in accordance with this law, so that it was confirmed that the
the holder of the certificate presented by the residence permit.
(9) the Ministry of the law lays down the
and technical conditions and procedure) in the procurement of biometric data and the
signature azylanta or persons enjoying subsidiary protection and the way
the implementation of the signature for the purposes of certification of the residence permit,
(b)) the specimen of the Protocol referred to in paragraph 4 and the conditions of its
processing.
15) 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. ".
50. under section 59, the following new § 59a to 59c, including the following title:
"§ 59a
(1) the period of validity of the licence on the residence permit issued by the azylantovi is
10 years younger for azylanta 15 years is the period of validity of the licence for 5 years.
The period of validity of the licence for a residence permit for the same time
to extend, even repeatedly.
(2) the period of validity of the licence on the residence permit issued to the person
beneficiaries of subsidiary protection is the same as the period during which the person is
beneficiaries of subsidiary protection is allowed to stay in the territory (section 53a).
(3) the Licence shall issue a residence permit and his prolonged
the Ministry.
section 59b
(1) the renewal of the licence for a residence permit shall be carried out
issuance of a new licence. The request for extension of the period of validity of the licence
about residence permits are azylant or a person enjoying the additional
the protection required to present the travel document, if its holder, and
the current licence for a residence permit.
(2) Azylant or a person enjoying subsidiary protection who apply for
the issue of the residence permit card replacement for the lost card,
destroyed, stolen, or damaged, you are required to submit travel
the document, if its holder, damaged card for a residence permit,
the announcement of the loss, destruction, damage or theft of the card for authorisation to
residence certificate or the detection of malfunction data carriers with
biometric data in identity card for a residence permit.
(3) Azylant or a person enjoying subsidiary protection who apply for
issue of a certificate for a residence permit after cancellation of the validity of the reasons
under section 60, paragraph. 2, are required to present a travel document, if
the holder of the card, and residence permit expired.
(4) Azylant or a person enjoying subsidiary protection who apply for
the implementation of changes in the card for a residence permit, are required to submit
the travel document, if the holder of the current card, to
stay and the document proving the requested change. The implementation of changes in the
the licence for a residence permit shall be carried out by issuing a new certificate of
the residence permit.
(5) Azylant or a person enjoying subsidiary protection referred to in
paragraphs 1 to 4 shall be required for the purposes of the issue of a new certificate of
residence permit the challenge personally come 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 azylanta or beneficiaries
the additional protection and their signature, which is intended to further
digital processing; the signature of the Pact, if azylantovi or person
beneficiaries of subsidiary protection in its execution prevents hard to beat
obstacle. Azylant or a person enjoying subsidiary protection are required to
the time limit set by the Ministry, but no later than 60 days from the date of
acquisition of biometric data, the Ministry to take over the
the licence for a residence permit.
§ 59c
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
signature azylanta or persons enjoying subsidiary protection, 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
azylanta or persons enjoying subsidiary protection intended to further
digital processing, or on a device to ensure the transmission of data
necessary for the production of a certificate of residence permit containing carrier
with the biometric data or data on manufacturing 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.
(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 or azylanta
persons enjoying subsidiary protection, and their signatures are intended to
digital processing, these data shall be kept in the operating information
system in accordance with section 71, paragraph. 11 and then, when those facts have ceased to exist,
shall be used for the issue of this licence for a residence permit.
(4) If the person was azylantovi or enjoying subsidiary protection released
the card of residence permit without the data carrier with the biometric data are
These must be on the call personally appear at the Ministry for processing
the data needed for the issue of a certificate for a residence permit, including
acquisition of biometric data azylanta or beneficiaries of supplementary
protection, and their signature, which is intended to further the digital
processing; call the Ministry of azylantovi or the person enjoying
additional protection delivers immediately after, when as the reasons for release
certificate of residence permit referred to in paragraph 1.
(5) the residence permit Card containing biometric data with carrier
the data is azylantovi or a person enjoying subsidiary protection released
not later than the date of expiry of the residence permit card without
data carriers with biometric data. Issue of a certificate of residence permit
According to 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 prompts azylanta or the person enjoying
additional protection of the Ministry immediately after its delivery by the manufacturer
of this document. The takeover of the residence permit card containing the
data carrier with the biometric data referred to in the first sentence shall cease the validity
certificate of residence permit without the data carrier with the biometric data ".
51. section 60 including title:
"section 60
Termination or revocation of the licence of residence permit
(1) the validity of a certificate for a residence permit will expire, if the
and the reason given) occurs in § 58 paragraph. 1,
(b)) shall be enforceable the decision on withdrawal of asylum or subsidiary protection,
(c)) shall lapse due to asylum seekers referred to in section 18 (a). (b)), or (c)),
(d) the supplementary protection of the lapse) reason referred to in section 18 (a). (c)), or
(d)), or
e) azylantovi was issued or the person enjoying subsidiary protection new
licence for a residence permit.
(2) the Ministry of the validity of the licence shall revoke a residence permit, if
and its holder has changed substantially) their form,
(b)) is corrupted so that the entries in it are illegible or is
seriously violated his integrity,
(c)) contains incorrect information or unlawfully changes, or
(d)) contains the broken data medium 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 permitted. ".
52. in title VIII, part 3, including the title.
53. the heading of section 65, including:
"§ 65
The travel ID card
(1) the travel identity card shall, on request of the azylanta or of the person
beneficiaries of subsidiary protection, who abandoned abroad travel
the document, the representative office for the purpose of returning azylanta or persons
beneficiaries of subsidiary protection in the Czech Republic.
(2) travel, the Ministry shall issue an identity card on azylantovi or
a person enjoying subsidiary protection, which is not the holder of
the document, for the purpose of proving the identity of the holder until it
the takeover of the residence permit card.
(3) the period of validity of the identity card referred to in paragraph 1 is 30
days. The period of validity of the identity card referred to in paragraph 2 is
60 days. In justified cases it may be extended by 30
days.
(4) the travel identity card is not valid for the reason referred to in section 58
paragraph. 1. Travel identity card referred to in paragraph 2 shall cease to
the validity of the taking over certificate for a residence permit (section 59).
(5) in the application for the issue of an identity card or azylant person
beneficiaries of subsidiary protection shall indicate the name and surname, day, month and year
of birth, place of residence on the territory and the application connects the 2 photos.
(6) travel identity card referred to in paragraph 1 shall be taken in border
checking.
(7) the issue of an identity document referred to in paragraph 1 and the time of change
the validity of the authority shall without delay notify the representative Ministry. ".
54. In paragraph § 65a. 2, after the word "identity", the words "pursuant to section 65
paragraph. 1. "
55. section 70:
"§ 70
The State integration programme in the field of obtaining knowledge of the Czech language
implements the Ministry in cooperation with the Ministry of education, youth
and sports in the form of free language course. ".
56. section 71 including title and footnote No. 16 reads as follows:
"§ 71
The registration of
(1) the Ministry leads
and the registration of foreigners) have made a Declaration on the international protection of, and
including recordings taken pursuant to section 4 (c) of paragraph 1. 1 and § 47 odst.
1,
(b) the registration of the place of stay) applicants for the grant of international protection, places
residence of persons enjoying subsidiary protection, and place of residence of refugees,
(c) the registration of applicants for the grant) international protection of aliens who
lodged an appeal in cassation ^ 8a), persons enjoying subsidiary protection and
asylum seekers,
(d) a register of aliens born in) the territory of the applicants for the award of the international
protection, persons enjoying subsidiary protection or asylum-seekers,
(e) the registration of applicants for) a financial contribution,
(f) a register of aliens,) whose application for the grant of international protection
the proceedings were stopped because of the inadmissibility of the application for the grant of
international protection,
g) register of foreigners, which follows directly
of the applicable legislation of the European communities ^ 4a),
h) according to the records of administrative offences under this Act.
(2) the register referred to in paragraph 1
and (b)). and), c), (f) and (g))) are kept in the data range of the data processed
in the application for the grant of international protection taken in connection with the
its submission, if appropriate, in the scope of the certificate,
(b)) (a). (d) the data) are kept in the scope of the notice of the applicant for the grant of
international protection, azylanta or persons enjoying subsidiary protection
under section 88a,
(c)) (a). (e) the data) are kept in the range of applications for the provision of financial
the contribution,
(d)) (a). h data) are kept in the range of decisions on administrative tort.
(3) the Ministry for the purpose of providing evidence of accommodation and other
the services provided under this Act, applicants for the grant of
international protection, who are reportedly to stay in asylum facilities, and
the accommodated persons, for the purposes of the management system of related accounting
records and for the purposes of ensuring the rights and interests protected by law of such
persons leading the operational information system, which is an administrator; operating
the information system does not use the links in the information systems of the public administration
or other information systems in accordance with this Act. In the operational
information system are kept personal data identifying the applicant
the granting of international protection who are reportedly to stay in the asylum
device, and the residents, including sensitive data, if the
processing is necessary for the fulfilment of obligations of the Ministry for the protection of
the health of these persons and their fundamental rights, and on the data, which
processing is necessary for the performance of the tasks of the Ministry related to the
duties and privileges, which has referred to persons under
This law, and to ensuring the internal operation of the asylum facilities
its organization and financing.
(4) the information recorded in accordance with paragraph 3 shall be destroyed immediately after the
their reporting to the alien's stay in the asylum facilities or their
accommodation of the alien in the asylum facilities, except for the data that are
accounting records in accordance with the Act on accounting, the data on the name, or
names, surnames, date of birth and registration number of the foreigners needed
for the identification of the accounting records, the information about the start and end of the period
reporting to the alien's stay in the asylum facilities or accommodation of foreigners in
the asylum facilities, data on financial resources of compound a stranger
into custody in asylum facilities and the purpose and scope of use. Data,
that nezlikvidují immediately after their reports or
accommodation of the alien in the asylum facilities, shall be kept for a period of 5 years
starting from the end of the accounting period to which they relate, where applicable,
arising from the date of their reporting to the alien's stay in the asylum facilities
or termination of the accommodation of the alien in the asylum of equipment; After the expiry of this
time is destroyed.
(5) the Ministry may data held in the registers referred to in paragraph 1
use only for the performance of functions under the Act.
(6) data from the registers referred to in paragraph 1 shall provide the national authorities on
the basis of their applications if they are entitled to their processing for
the performance of their tasks in accordance with the specific legislation, if this
the law does not provide otherwise.
(7) the Police Department keeps records
and the) visas issued under this Act, in which the data are kept in the
the range of applications for the issue of visas, the number and date of the series issued by Visa, its
Edition and the period for which the visa was issued,
(b)), the place of residence of applicants for the grant of international protection, places to stay
aliens who have lodged an appeal in cassation, the place of residence of persons enjoying
the additional protection and the place of residence of refugees,
(c) applicant fingerprint fingerprints taken) for the award of the international
protection pursuant to section 4 (c) of paragraph 1. 1 and § 47 odst. 1, in which are kept
details of the name, or the names, forenames, former surnames,
date, place and country of birth, gender and citizenship of the alien,
(d) refugees and persons enjoying) the supplementary protection who are holders of
certificate of residence permit, to the extent of data processed in
certificate of residence permit, including biometric data,
digital signature processing, the number of the issued certificate for authorization to
stay, its date of issue and period of validity of data issued by a certificate of
the residence permit.
(8) the Ministry keeps records of asylum seekers and persons benefiting from complementary
protection, which has been issued a residence permit. In this register
the data shall be kept in the range of the data processed under the certificate of authorisation to
stay, including biometric data, digital processing
signature, issued by the card number of the residence permit, the date of his release
and data on the period of validity of a licence issued for a residence permit. Data
held in the records of the Department of the registers kept by the police
in accordance with paragraph 7 (a). (d)) immediately after when he was shipped by the manufacturer
licence for a residence permit.
(9) the intelligence services of the Czech Republic may, in carrying out its tasks
under this Act and special legislation ^ 16) use the data
held in the registers referred to in paragraphs 1 and 7, and the police under the same conditions
data held in the registers referred to in paragraph 1, including personal data,
in a manner enabling continuous and remote access; the data from the register
conducted pursuant to paragraph 8 provides the Ministry of intelligence services
The Czech Republic on the basis of the request, to the extent necessary to meet the
of the task.
(10) the Ministry is the administrator
and information system azylantech) requesting the release of
document azylanta containing the data carrier with the biometric data (§ 61
paragraph. 2 and 3), and in the range of applications for the issue of a travel document
azylanta containing the data carrier with the biometric data, including the
biometric data,
(b)), the information system of azylantech, which has been issued with a travel document
under section 61, paragraph. 4, and the extent of data applications for issue of the document,
(c)), an information system on azylantech or on persons enjoying
the additional protection which has been issued with a travel ID card pursuant to section
65, and the extent of data applications for the issue of this licence.
(11) in the performance of the scope 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 59 paragraph. 4 leads the operational information system for azylantech and persons
enjoying subsidiary protection requesting issue of a certificate of authorization to
stay, renewal of the licence for a residence permit, the release
certificate of residence permit card replacement for the lost, destroyed,
stolen or damaged card, or a replacement for a residence permit,
the data carrier with the biometric data is broken, and it's in the range
application submitted by a person enjoying or teach the additional protection.
The operational Manager of the information system referred to in the first sentence is
the Ministry. In the operational information system are kept also
biometric data, which were taken for the purpose of certification of
the residence permit, and the digital signature of the person processing the azylanta or
beneficiaries of subsidiary protection.
(12) the data held in the information system referred to in paragraph 11, after the
taking over the licence of residence permit to teach or a person enjoying
additional protection shall be transmitted to the register referred to in paragraph 7 (b). (d)).
(13) if azylant or a person enjoying subsidiary protection
cheque card of residence permit, the data held on this subject
the data in the operational information system referred to in paragraph 11, and including
biometric data are destroyed after a period of 60 days from the date of delivery of the
produced for the residence card to the Ministry.
(14) the data in the registers and information systems under this Act
they can be kept in a written form, to the technical data carriers or
way of combining the forms listed and in the same form and communicated with
biometric data, which are always processed in the
electronic form.
(15) the information held in registers and information systems referred to in paragraphs
7 and 10 (a). and) destroyed five years after their stay or azylanta
beneficiaries of subsidiary protection in the territory. If the data are kept at the
technical data carriers, destroyed 20 years after the end of the stay
azylanta or persons enjoying subsidiary protection in the territory; time
their stay in the territory for these purposes means the calendar year in
which was azylanta or persons enjoying subsidiary protection on
the territory ended. Biometric data are destroyed immediately after the end of
the validity of the travel document or after the expiry of the licence of the
the residence permit.
(16) the data held in information systems referred to in paragraph 10 (a). (b)) and
(c)), destroyed 15 years after the end of the validity of the travel document
azylanta or the expiry of the identity card azylanta
or persons enjoying subsidiary protection.
16) Act No. 153/1994 Coll., on the intelligence services, as amended by
amended.
Act No. 154/1994 Coll., on the security information service, as amended by
amended.
Law no 289/2005 Coll. on Military Intelligence, in the wording of Act No.
274/2008 Coll. ".
57. section 72 of the title, including:
"§ 72
The stay of the applicant for the grant of international protection in the territory of
The applicant for the grant of international protection is entitled to remain in the territory after the
for the procedure for granting international protection; This shall not apply if it is secured
under special legislation ^ 4) or made a request for the grant of a
international protection in the transit area and the international airport was not
allowed to enter the territory (§ 73). The Ministry is authorised to stay
the applicant for the grant of international protection to limit only on part of the territory (§ 46 and
46A). ".
58. In section 73, paragraph 5 is added:
"(5) against the decision of the Ministry can be refused entry to the territory of the
to bring an action within 30 days from the date of delivery of the decision; action does not
suspensory effect. The action against the decision of the Ministry of serving his
through or the competent court. In the event that the action is
made by the Ministry, the Ministry shall submit to the Court
the action, expressing the action and administrative file within 5 days from the date of delivery of the
the action. In the event that the action is brought before the competent court, the
the Court of the administrative file. The Ministry shall submit to the Court expressing the action and
the administrative file within 5 days. At the same time the Ministry their observations to the application
delivers the foreigners. Of the petition, the Court shall decide within 7 working days from the date of
the delivery of the Court's administrative file. Court to hear the case of negotiations,
propose-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
the Ministry advised. If the Court decides about the annulment of the contested decision,
delivers a judgment, the parties immediately after the delivery of the judgment
at the hearing, or if it has been decided without a hearing, the Court shall deliver to the regulation
the judgment of the parties within 24 hours of its release. If the Court decides
about the annulment of the contested decision and the Ministry issued a new decision
within 3 days from the judgment, the foreigners without undue delay
allows entry to the territory and to the asylum Department of it equipment
on the territory. ".
59. In section 73 is at the end of paragraph 6 the following sentence "the Ministry examines
whether there are grounds for which he was not allowed to enter the territory of foreigners. ".
60. In section 78, paragraph. 1, the words "for the Police Department" shall be replaced by the word
"the Ministry" and the number "3" shall be replaced by the number "7".
61. In section 78, paragraph. 1 (a). and the words ") on asylum" is replaced by "on the
granting asylum ".
62. In section 78, paragraph. 2, the words "for the Police Department" shall be replaced by the word
"the Ministry".
63. In section 78, paragraph. 3, the words "Department of the police shall notify the Ministry"
replaced by the words "the Ministry shall notify the police within 3 working
days ".
64. section 78a shall be deleted.
65. In paragraph § 78b. 1, 2 and 6 and section 92b paragraph. 2 the word "police"
replaced by the word "Ministry".
66. In § 78b paragraph. 3 the word "police" shall be replaced by the word "Ministry"
and the word "police" with the word "Ministry".
67. In § 78b, paragraph 5 shall be deleted.
Paragraphs 6 and 7 are renumbered as paragraphs 5 and 6.
68. In section 79 at the end of paragraph 4, the following sentence "the integration of asylum
the Centre is also used for temporary accommodation of persons enjoying
additional protection, if the parents or the family with minor or
zletilými disabled children or of aliens with a serious
disabilities, and for a period of 3 months from the acquisition of legal
the decision on the grant of international protection ".
69. In § 79 paragraph 5, the following paragraph 6 is added:
"(6) the person staying in the asylum of equipment is required to
and comply with the regulations of the accommodation) for asylum facilities
(b) to comply with the hygiene rules in) accommodation of the asylum
facilities and participate in the premises of the asylum facility maintenance
the health standard provided for accommodation of
(c)) to perform in the asylum of equipment orders and instructions of the police or the Ministry of
issued when the tasks pursuant to this Act, and
(d)) to save the property and the other staying refugee. ".
Paragraph 6 is renumbered as paragraph 7.
70. In paragraph § 85a. 1, after the word "force" is inserted after the word "fixed".
71. section 85b shall be deleted.
72. In section 87, paragraph 7 is added:
"(7) the police shall provide, at the request of the Ministry of transport of the applicant for
the granting of international protection or foreigners on the frontier of the Member
State of the European Union responsible for examining the application for the grant of
international protection or transport the applicant for the grant of international protection
or, in the case of foreigners, that the Czech Republic is relevant to the assessment of
his application for the grant of international protection in the territory. The police are
authorised for transport to limit personal freedom and freedom of movement
the applicant for the grant of international protection or foreigners. ".
73. In Section 87a, the following paragraph 4 is added:
"(4) On foreigners whose application for the grant of international protection was
proceedings terminated because of inadmissibility under section 10a (e). (b)), with the rear sight
as the applicant for the grant of international protection until his
departure from the territory for the purposes of the provision of health care and services in accordance with
§ 42, with the exception of the sail. The financial contribution (§ 43) provide
cannot be. ".
74. In section 89, paragraph. 2, the second sentence shall be deleted.
75. section 91:
"§ 91
The scope provided for by this Act, the regional authority or municipal
the Office of the shtetls is the performance of delegated competence. ".
76. In section 92b paragraph 1 reads:
"(1) On the procedure for granting visas for the purpose of prolonging their stay and on the procedure for
the cancellation of the visa for the purpose of prolonging the stay not covered by part
the second and third administrative procedure. ".
77. In section 92 c, the words "§ 42 paragraph. 1 to 5 of ", the words" and 7 "
the words "§ 50a," shall be inserted after the words "§ 53a paragraph. 2, section ", for the words" 54a, "
the words "§ 71 paragraph. 3.0 "and the words" § 79 paragraph. 5 and 6 ' shall be replaced by
the words "§ 79 paragraph. 5 and 7 ".
78. section 93, 93a and 93b including the following titles:
"§ 93
Misdemeanors
(1) the alien has committed an offence by
and the obligation under section fails) 3e, paragraph. 3 (b). (b)), Section 4a, paragraph. 1 or §
4A, paragraph. 3 (b). (b)),
(b) refuses to submit to an implementation acts) pursuant to section 4 c,
(c)) in contravention of section 41, paragraph. 1 does or does not submit your travel
the document,
(d) violates the ban on leaving the asylum) facilities according to § 46 paragraph. 3,
e) contrary to § 54 paragraph. 2 and 3, where the territory of, or
(f) the decision issued by the Ministry) breach under section 73, paragraph. 4, which is
does not allow entry to the territory.
(2) the applicant for the grant of international protection commits the offence by
and the obligation under section fails) 41, paragraph. 1,
(b)) in contravention of section 45, paragraph. 1 admit the financial means to
available, or at the time of stay in the asylum of equipment does the thing
endangering the life or health of persons or alcohol and other addictive substance
or, if it is staying at the reception center, does electronic
communications equipment,
(c) refuses to tolerate) personal tour or a tour of their affairs under section 45
paragraph. 2,
(d)) in contravention of section 46 paragraph. 1 leave the reception centre or in conflict with the
§ 46 paragraph. 2 leave the reception centre at the international airport,
e) contrary to section 46a, paragraph. 1 nesetrvá in the reception center,
(f) to submit to an identification) refuses to operations referred to in section 47,
g) contrary to section 48 (a). (c) fails to comply with the device in the asylum) command or
the instruction of the police or of the Ministry,
(h) fails to fulfil any of the obligations) under section 49, or
I) leaves the residential centre in contravention of section 82, paragraph. 1, 2, or 3.
(3) is guilty of an offence by Azylant that
and fails to meet any of the requirements), pursuant to section 52 (a). and) to g) or (j)),
(b) refuses to tolerate any) identification tasks pursuant to section 52 (a). I) and
(j)) or in violation of § 53 refuses to tolerate any of the identification operations
under section 47, or
(c) fails to comply with an obligation under section) 78, paragraph. 1.
(4) a person enjoying subsidiary protection commits the offence by
and fails to meet any of the requirements) in accordance with section 53b (a). b) to (f)) or (j)),
(b) refuses to tolerate any) identification of acts under section 53b (a). I)
and (j)) or in conflict with section 53b (a). g) refuses to tolerate any of the
the identification of operations under section 47,
(c) fails to comply with a time limit of 30 days) for the submission of applications for the extension of the additional
protection under section 53a of the paragraph. 1, or
(d)) in contravention of section 78, paragraph. 2 fails to comply with an obligation under section 78, paragraph. 1.
(5) a natural person has committed the offence by
and the obligation under section fails) 56,
(b)) as a person quartered in asylum facilities fail to comply with any of the
obligations pursuant to § 79 paragraph. 6, or
(c)) as a person quartered in the reception center violates a prohibition under section 81a
paragraph. 1 or 3, or as a person staying in the Centre of the breach pobytovém
the prohibition under section 81a of paragraph 1. 1.
(6) for the offence referred to in paragraph 1, 2, 3 or 4 or of paragraph 5 (b). (b))
or (c)) can be a fine of up to 2 000 CZK and the offence referred to in paragraph 5
(a). and you can save into the fine) 1 000 Czk.
section 93a
The administrative tort law and entrepreneurial natural persons
(1) the Medical device is guilty of misconduct in
contrary to section 56b will not allow the Ministry to make the necessary steps in the
connection with the management of the grant of international protection.
(2) for the administrative offence referred to in paragraph 1 shall be imposed to the 10 000 Czk.
section 93b
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 from the date on which it
learned, but no later than 3 years from the day when it was committed.
(4) The responsibility for acts that occurred during the physical business
person or in direct connection with it, shall be subject to the provisions of this
the law on liability of legal persons and sanctions.
(5) administrative offences under this law in the first instance hearing
Ministry. ".
79. Annex 2:
"Appendix No 2 to the Act No. 325/1999 Coll.
Article. (IV)
Transitional provisions
1. Proceedings under the law on asylum, which began before the date of entry into force of
This law, and to this day hedge contingent exposures, completes and the rights and
obligations related thereto shall be assessed pursuant to Act No. 325/1999 Coll.
in the texts of the effective to date of the entry into force of this law.
2. Certificates of residence permits and licences azylanta permission to stay
persons enjoying subsidiary protection issued pursuant to Act No. 325/1999 Coll.
in 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. 325/1999 Coll., as amended by
effective from the date of entry into force of this Act.
PART THE THIRD
Amendment to Act No. 274/2008 Sb.
Article. In
Law No. 274/2008 Coll., amending certain laws in connection with the
the adoption of the Act on the police of the Czech Republic, as amended by law no 480/2008
Coll., Act No. 41/2009 Coll. and Act No. 292/2009 Coll., is hereby amended as follows:
1. In part a of the 16th point 1, the words "§ 42 paragraph. 4 "shall be replaced by the words" §
42A, paragraph. 6. "
2. In the sixteenth paragraph 2, the words "section, paragraph 44. 1 and 4 "shall be replaced by the words
"section, paragraph 44. 4. "
3. In the sixteenth paragraph 3, the words "section, paragraph 44. 1 "shall be deleted.
4. In the sixteenth paragraph 3, the words "section, paragraph 45. 7 ' shall be replaced by the words "§
paragraph 45. 8. "
5. In the sixteenth paragraph 4, the words "section, paragraph 45. 1 to 3 of section 45, paragraph. 7 "
replaced by the words "section, paragraph 45. 1, 2, 4, and 8 ".
6. In the 16th point 8 is added:
"8. § 50 paragraph 1 reads:
"(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). ".".
7. In the sixteenth paragraph 25, the words "residence card" shall be replaced by
the words "residence card".
8. In the sixteenth section 30 is repealed.
9. In the sixteenth, point 33, the words ", is required to report a change
the place of residence on the territory within 30 days of the date the changes to the police in the
the new place of residence. An alien who is staying in the territory "shall be replaced by
"or".
10. In the sixteenth paragraph 44, the word "which" shall be inserted after
"it has been granted a long-term visa or".
11. In the sixteenth, points 45, 48, 49, 51, 52, 54, 62, 63 and 67
shall be deleted.
12. In the sixteenth section 58 is repealed.
13. In the sixteenth in point 68 in section 165 letter j) is added:
"(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, ".
14. In the sixteenth paragraph 70, the words "or permanent" be deleted and the
the end of the sentence the words "and in proceedings for the issue of permits
stay always requests a copy of the criminal record ".
15. In the sixteenth paragraph 73 deleted.
16. In the sixteenth article. XXIV (authorisation to the publication of the full text of
of the Aliens Act), in subparagraph (b)), the words "1. January 2013 "
shall be replaced by "1. May 2011. "
17. In the seventeenth article. XXV (Amendment of the asylum Act) of point 1, the words
"foreign police inspectorate" is replaced by "the Department of foreign
the police of the Regional Directorate of the police ".
18. In the eighteenth article. XXVI (Amendment of the law on the temporary protection of aliens)
point 6, the words "on the Aliens ' police inspectorate the relevant"
replaced by the words "at the Regional Directorate of the foreign police department
the police are responsible. "
19. In the eighteenth article. XXVI (Amendment of the law on the temporary protection of aliens)
paragraph 7, the words "foreign police inspectorate" is replaced by
"the Department of alien police of the Regional Directorate of the police".
20. In the 60th article. LXVIII (b)), the words "1. January 2013 "
shall be replaced by "1. January 2011 ".
PART THE FOURTH
Amendment of the Act on administrative fees
Article. (VI)
Act No 634/2004 Coll., on administrative fees, as amended by Act No.
217/2005 Coll., Act No. 228/2005 Coll., Act No. 357/2005 Coll., Act No.
361/2005 Coll., Act No. 444/2005 Coll., Act No. 545/2005 Coll., Act No.
553/2005 Coll., Act No. 48/2006 Coll., Act No. 56/2006 Coll., Act No.
57/2006 Coll., Act No. 81/2006 Coll., Act No. 109/2006 Coll., Act No.
112/2006 Coll., Act No. 130/2006 Coll., Act No. 137/2006 Coll., Act No.
138/2006 Coll., Act No. 159/2006 Coll., Act No. 179/2006 Coll., Act No.
186/2006 Coll., Act No 215/2006 Coll., Act No. 226/2006 Coll., Act No.
227/2006 Coll., Act No. 235/2006 Coll., Act No. 309/2006 Coll., Act No.
575/2006 Coll., Act No. 106/2007 Coll., the Act No. 261/2007 Coll., Act No.
269/2007 Coll., Act No. 374/2007 Coll., Act No. 379/2007 Coll., Act No.
38/2008 Coll., Act No. 130/2008 Coll., Act No. 140/2008 Coll., Act No.
182/2008 Coll., Act No. 189/2008 Coll., Act No. 230/2008 Coll., Act No.
239/2008 Coll., Act No. 254/2008 Coll., Act No. 296/2008 Coll., Act No.
297/2008 Coll., Act No. 301/2008 Coll., Act No. 309/2008 Coll., Act No.
312/2008 Coll., Act No. 382/2008 Coll., Act No. 9/2009 Coll., Act No.
41/2009 Coll., Act No. 141/2009 Coll., Act No. 197/2009 Coll., Act No.
206/2009 Coll., Act No. 227/2009 Coll., Act No. 281/2009 Coll., Act No.
291/2009 Coll., Act No. 301/2009 Coll., Act No. 306/2009 Coll., Act No.
346/2009 Coll., Act No. 420/2009 Coll., Act No. 132/2010 Coll., Act No.
149/2010 Coll., Act No. 153/2010 Coll. and Act No. 160/2010 Coll., shall be amended
as follows:
1. In part IX administrative fees tariff item 116 reads as follows:
"Item 116
and the residence permit for foreigners) Czk 2 500
(b) a residence permit for foreigners)
under 15 years CZK 1 000
(c)) the residence permit for the purpose of
prolonging the stay on the territory of Czk 500
(d) the extension of the validity period)
certificate of residence permit to Czk 2 500
(e) the extension of the validity period)
certificate of residence permit
aliens under 15 years CZK 1 000
(f) the extension of the validity period)
certificate of residence permit
for the purpose of permanent residence or
the residence permit card azylanta Czk 2 500
(g) the period of validity of licence)
for a residence permit for the purpose of
prolonging the stay in the territory, or
card residence permit of the person
beneficiaries of subsidiary protection Czk 1 000
h) change in the licence of residence permit to Czk 1 000
I) certification for residence
a replacement for a damaged card,
destroyed, lost or stolen, or
the data carrier with the biometric
data is broken CZK 4 000
(j)) of the issue of a certificate of residence permits
foreigners under the age of 15 years, substitute
a card is damaged, destroyed, lost
or stolen, or the data medium
with the biometric data is broken Czk 2 500
to the issue of a certificate of authorization) to stay
a replacement for a damaged card,
destroyed, lost or stolen,
If the citizen
-the Member State of the European Union,
-State which is bound by the Treaty
on the European economic
space, or
-State which is bound by the international
the Treaty, negotiated with the European
communities,
and his family members, regardless of
on the nationality of the Czk 100
l) social security number Allocations aliens Czk 1 000
m) certification for residence CZK 500 ".
2. In section IX of the tariff item 116 administrative fees in the provisions
"Liberation" in point 1 the words "e), g) and (j))" shall be replaced by ' f), (h)), and
l) "and in paragraph 2, the words" g) and (j)) "shall be replaced by" h) and (l)) ".
3. In section IX of the tariff item 116 administrative fees in the provisions
"The subject of the charge is not" the following points 3 to 5 shall be added:
"3. the first issue of the licence for a residence permit or licence for azylanta
residence permit to persons enjoying subsidiary protection.
4. Issue of a certificate of residence permit, the replacement for the card, in which the
Administrative Office said the incorrect entries or issued the licence manufacturing defect,
or whose certificate of authenticity was invalidated.
5. the issue of the residence permit card replacement for the card, which the carrier
biometric data is faulty, if the broken data carriers with
biometric data has not been caused by circumstances for which the alien
demonstrably knew that may cause damage or malfunction of the carrier
biometric data. ".
4. In section IX of the tariff item 116 administrative fees in the provisions
"Notes" in the first sentence of point 1 shall be deleted and in paragraph 3, the words "(a)
k) "shall be replaced by the letter" m ").
5. In section XII of the tariff items of administrative fees, including 144 and 144A
Liberation, empowerment and footnotes, no. 74:
"Item 144
Receipt of the request for grant of a short-term visa
and EUR) by directly determined directly
applicable applicable
the law of legislation
The European Union ^ 74) European Union ^ 74)
(b) EUR) under the agreement sets out the relevant
to facilitate agreement
visas closed to facilitate the
between the European Union visas
and third countries, concluded between the
The European Union
and third countries
Exemption
The exemption provides for a directly applicable legal act of the European Union or
visa facilitation agreement concluded between the European Union and the
^ witha 74).
The subject of the charge is not
Acceptance of the application for visas to family members of a citizen of a Member
State of the European Union or a citizen of a State which is bound by the Treaty on the
The European economic area, or a citizen of a State which is bound by the
the international treaty, negotiated with the European communities, without
regardless of their nationality.
Empowerment
The authorization of the Ministry of Foreign Affairs and representative offices shall establish
directly applicable European Union legislation or the agreement on the facilitation of
the visa agreements between the European Union and third countries ^ 74).
Item-144A
Acceptance of applications for the granting of
long-term visa Czk 2 500
Exemption
1. the fees referred to in this item are exempt persons under the age of 6 years.
2. the fees referred to in this item shall be the adoption of the request for
the granting of visas for diplomatic, official, official and special passports.
3. the fees referred to in this item are exempt pupils, students,
graduate students and accompanying teachers who undertake trips
for the purposes of studying or training in the field of education.
4. the fees referred to in this item are exempt researchers
from third countries, who travel for the purpose of carrying out scientific research.
Empowerment
1. the Ministry of Foreign Affairs and embassies may
individual cases, the amount of the fee may be waived or reduced,
When this measure serves to promote cultural interests, sports
interests, interests in the field of foreign policy, development policy, other
important public interest or for humanitarian reasons.
2. the Ministry of Foreign Affairs and embassies can for children in
from the age of six years and under the age of twelve years, the visa fee to reduce or
from the visa fee is exempt.
74) European Parliament and Council Regulation (EC) no 810/2009 of 13 July.
July 2009 establishing a Community code on visas (Visa code). ".
6. In section XII of the tariff item administrative fees at the end of 162
the text of subparagraphs (b) and (c))) the words ", or for the long-term
stay for the purpose of highly qualified employment
(blue card) ".
PART THE FIFTH
Amendment of the Act on the certification of public documents with biometric data
Article. (VII)
Law No. 197/2009 Coll., on certification of public documents with biometric
data and on amendment to certain acts, as follows:
1. In section 2, the end of the period is replaced by a comma and the following letters) to
l) are added:
"i) public identification document with contact chip (hereinafter referred to as
"the document with contact chip") Public Charter containing electronic
contact chip, in which the name, where applicable, the name, surname, date of
birth, or other indication to identify the person who
public document shall be presented, as its authorised holder
j) certificate of authenticity checks the certificate data, which on the basis of the
control data authenticity and integrity of the data validates the authenticity of
registered at the contact chip,
the certificate permissions control authority) certificate, which allows you to
the inspection authority within a specified range to access the data stored on the
contact chip,
l) control data authenticity of security information stored on the contact
the chip, which allow using the certificate checks the authenticity of the data
Verify the authenticity and integrity of the data stored on the specified range
contact chip. ".
2. In section 3, at the end of paragraph 1, the period is replaced by a comma and the following
the letters h) to (j)) are added:
"h) publishes and supersedes the certificate checks the authenticity of the data for documents
with a contact chip,
and the certificate of permission) issue of the supervisory authority for documents with
contact chip,
j) leads the list of issued and certificate revocation checks the authenticity of the
data for documents with a contact chip and a list of issued certificates
permissions control authority for documents with a contact chip. ".
3. In section 3, at the end of paragraph 2, the period is replaced by a comma and the following
the letters e) to (j)) are added:
"e) asks the Ministry to issue the certificate checks the authenticity of the data,
f) creates a control data of the authenticity of the data, which is entitled to
write on contact chip,
g) uses certificates checks the authenticity of the data and control data
authenticity for the verification of the authenticity and the integrity of the established range of data
stored on the contact chip,
(h)) asks the Ministry to issue the certificate of permission of the supervisory authority,
I) issuing certificates of permission of the supervisory authority on the basis of
certificates issued by the Ministry of the permissions of the supervisory authority,
j) uses certificates permissions control authority for the access to the
be determined by the extent of the data stored on the contact chip. ".
4. In section 3, paragraph 3. 3 (b). and the word "), after the words" police "or
the Ministry ".
5. In section 3, paragraph 3. 3 (b). (b)), after the word "police", the words "or
the Ministry ".
6. in section 4, the following new Section 4a, which including the title:
' Section 4a
Checks the authenticity of the certificate data
(1) the Ministry shall provide the certificate checks the authenticity of the data to the administrative
the authority which may, under the conditions laid down in other legal regulation
Verify the authenticity and integrity of the data stored on the contact chip.
(2) the Ministry shall issue the initial checks the authenticity of the certificate data
the police, if it satisfies the certification conditions.
(3) on the basis of the submission of a valid initial inspection certificate
the authenticity of the data or the previous valid certificate checks
the authenticity of the information Ministry issued by police subsequent certificates
checking the authenticity of the data, if still meets the certification
conditions. ".
7. under section 6, the following new section 6a, which including the title:
"§ 6a
The certificate of permission of the supervisory authority
(1) the Ministry shall issue the certificate to the inspection authority the initial permissions
the administrative authority may, under the conditions laid down in other legal
prescription access to the intended scope of the data stored on the
contact chip.
(2) on the basis of the initial presentation of a valid certificate permission
the supervisory authority or the previous valid certificate permission
the supervisory authority shall be issued by the Ministry of the authorities referred to in paragraph 1
subsequent certificates. ".
8. in section 7 shall be added to § 7a which including title:
"§ 7a
The certificate revocation data validation checks
(1) the Ministry blocks issued certificates validation checks of the data
at the request of the police, or other serious reasons referred to in
certification rules.
(2) the Ministry shall forward the authorities referred to in Section 4a, paragraph. 1 and section 6a of paragraph 1. 1
checks the validity of the certificate revocation lists data. ".
PART SIX
The amendment to the Employment Act
Article. (VIII)
Act No. 435/2004 Coll., on employment, as amended by law No 168/2005
Coll., Act No. 202/2005 Coll., Act No. 253/2005 Coll., Act No. 350/2005
Coll., Act No. 382/2005 Coll., Act No. 413/2005 Coll., Act No. 428/2005
Coll., Act No. 444/2005 Coll., Act No. 495/2005 Coll., Act No. 109/2006
Coll., Act No. 112/2006 Coll., Act No. 115/2006 Coll., Act No. 161/2006
Coll., Act No. 165/2006 Coll., Act No. 214/2006 Coll., Act No. 264/2006
Coll., Act No. 159/2007 Coll., Act No. 181/2007 Coll., Act No. 213/2007
Coll., the Act No. 261/2007 Coll., Act No. 362/2007 Coll., Act No. 379/2007
Coll., Act No. 57/2008 Coll., Act No. 124/2008 Coll., Act No. 129/2008
Coll., Act No. 306/2008 Coll., Act No. 382/2008 Coll., Act No. 479/2008
Coll., Act No. 158/2009 Coll., Act No. 223/2009 Coll., Act No. 227/2009
Coll., Act No. 281/2009 Coll., Act No. 306/2009 Coll., the Act No. 326/2009
Coll., Act No. 362/2009 Coll., Act No. 149/2010 Coll. and Act No.
347/2010 Coll., shall be amended as follows:
1. In section 5 (a). (b)), the following paragraph 4, including the footnote.
72A:
"4. in the case of a foreigner ^ 3), who is not a citizen of the European Union or of his family
national family member of a citizen of the Czech Republic, and that
He holds a long-term residence permit for employment purposes
the working position requiring high qualifications (hereinafter referred to as "blue
card "), issued under other legislation, address ^ 72a) referred to
as a place of residence for foreigners in agendovém information system (section 147c)
72A) § 42i Act No. 326/1999 Coll., as amended by law No 427/2010 Sb. ".
2. In section 5 (a). (e)), point 2, the words "of the green card, if in accordance with this
the Act required ", the words", or in conflict with the blue card,
or without a blue card, if required pursuant to this Act ".
3. In section 6 (1). 1 (a). j), the words "green card holders" shall be
the words "free jobs obsaditelných the holder of a blue card".
4. In section 29 is at the end of subparagraph (f)), the word "or" at the end of point (a) shall be deleted;
(g)), the dot is replaced by the words ", or" and the following letter h)
added:
"h) revocation of a blue card or its expiry.".
5. § 37a paragraph 3 reads:
"(3) the Embassy of the Czech Republic in the central register shall indicate the
vacancies obsaditelných the holder of a green card submission
applications for a green card and eventual withdrawal of this request.
The Ministry of the Interior shall be indicated in the records of application for release
the green card, the eventual withdrawal of the application, if it was made on the territory of the
The Czech Republic, the day when the decision was made to pass or fail
application, the date of receipt of confirmation of compliance with the conditions for the issue of green
the card and the date of issue of the green card or the date when the proceedings on the application for the issue of
the green card was terminated. ".
6. § 37a paragraph. 4, after the words "after the release of", the words "confirmation of
the conditions for the issue of the "and the word" was "shall be replaced by the word" will ".
7. the following section is inserted after section 37a, 37b, which reads as follows:
"§ 37b
(1) the Ministry leads the Central Register vacancies
obsaditelných the holder of a blue card. A central register containing the information
referred to in section 37.
(2) Free work place obsaditelným the holder of a blue card
means the place of work, which has not been filled within 30 days of its notification
Office work, with the exception of officials of territorial self-governing jobs
units ^ 32e) and the jobs of the staff in administrative offices
exercise of State administration ^ 32f), and at the same time it is a place, for whose performance
requires high qualification under special legislation ^ 72a).
With the inclusion of a work space in the central register of vacant
places obsaditelných the holder of a blue card, the employer shall grant the
the consent.
(3) the Embassy of the Czech Republic in the central register shall indicate the
vacancies obsaditelných the holder of a blue card submission
application for the issue of a blue card and any withdrawal of this request.
The Ministry of the Interior shall be indicated in the records of application for release
Blue cards, the eventual withdrawal of the application, if it was made on the territory of the
The Czech Republic, the day when the decision was made on the application, and the date of the release of blue
card or the day when the proceedings on the application for the issue of a blue card was
stopped. In the case of a change of employer or worker classification
prior approval of the Ministry of the Interior, the Ministry shall ^ 72a)
of the Interior in the Central Register vacancies obsaditelných holder Blue
card filing requests for consent to a change of employer, working
Instead, for which consent is required, and the date of approval.
(4) Immediately after the release of the Ministry of the Interior, blue card electronically
shall notify the Department of identification data of the alien who has been issued a
the blue card, and the work place for which it was the blue card issued;
also communicate to the Ministry of information on the extension of its validity
or about its cancellation.
(5) the Ministry returned to the central registration of vacancies
obsaditelných the holder of a blue card for vacancy
the employer, who has been in the past 12 months preceding the
applications for the blue card been fined for allowing performance
illegal work. The Ministry of the central register of vacant
places obsaditelných the holder of a blue card as vacancy
or vacancy held in this register, if its
casting a foreigner endangers the situation on the labour market. "
8. In section 37b of paragraphs 3 and 4 are added:
"(3) the Embassy of the Czech Republic in the central register shall indicate the
vacancies obsaditelných the holder of a blue card submission
application for the issue of a blue card and any withdrawal of this request.
The Ministry of the Interior shall be indicated in the records of application for release
the blue card, where applicable, the withdrawal of this request if it was made on the
the territory of the Czech Republic, the day when the decision was made on the application, the date of receipt
confirmation of the fulfilment of the conditions for issuing the blue card and the day of the release of blue
card or the day when the proceedings on the application for the issue of a blue card was
stopped. In the case of a change of employer or worker classification
prior approval of the Ministry of the Interior, ^ 72a) Ministry
of the Interior in the Central Register vacancies obsaditelných holder Blue
card filing requests for consent to a change of employer, working
Instead, for which consent is required, and the date of approval.
(4) the Ministry of the Interior shall, without delay after the issue of the certificate of compliance with the
the conditions for issuing the blue card to electronically communicate to the Ministry of
the identification data of the foreigner, which will be issued a blue card, and
the work place for which the blue card will be issued; also notify the
the Ministry of information on the extension of its validity or its
cancellation. ".
9. the footnote No. 41:
"41), Act No 634/2004 Coll., on administrative fees, as amended
regulations. ".
10. In section 66, at the end of the text of the third sentence, the words "or blue
card ".
11. § 86:
"§ 86
(1) employers may obtain the foreigners to fill vacancies (para.
35) that cannot be cast otherwise, if the Labour Office shall notify in advance and
discuss with him the intention to employ foreigners, including their number, the type of
the work you will perform, and the envisaged time of work.
(2) the prior notification and discussion of the intent to employ foreigners with
does not require, in the case of the employer, who intends to employ a foreigner
and that is issued) of a work permit, regardless of the situation on the
the labour market (article 97),
(b)) which does not require a work permit (§ 98),
(c)) that asks for an extension of a work permit under section 94, or
(d)) to be employed as the holder of a green card or blue card. "
12. In section 87, paragraph. 1 the first sentence, the words "s) to (p))" shall be replaced by "j)
to r) ".
13. In section 87, paragraph. 1 sentence of the second paragraph and in section 132. 1 the second sentence, the words
"or the green card" shall be replaced by "green card or blue
card ".
14. In paragraph 88. 1 introductory provisions of section and section 98 of the introductory part
provisions, the words "or the green card" shall be replaced by the words ", green
card or blue card ".
15. In paragraph 88. 2 the first sentence, after the words "green card", the words
"or blue card" and the words "green card" shall be inserted the words "or
When the conditions were met for issuing the blue card ".
16. In section 89, the words "or if the holder of a green card"
the words "or blue card".
17. In article 89, at the end of the following sentence "the alien, to whom it was issued
confirmation of the fulfilment of the conditions for the issuing of green cards or blue card,
may be admitted to employment and is being employed for the period from the date of issue of the
This confirmation of the termination of the proceedings on the request for the release of the Green
card or blue card. "
18. In paragraph 92. 1 at the end of the text of the first sentence, the words ", and
the employer with the Labour Office in advance to discuss the intention to employ a foreigner
According to § 86 ".
19. In section 98 is at the end of the letter o), the word "or" shall be deleted at the end of
the letter p), the dot is replaced by the words ", or" and added the letter r)
added:
"r) who is staying in the territory of the Czech Republic on the basis of the authorisation to
long-term stay for the purpose of cohabitation family, if the
the common cohabitation of families with a stranger who has the status of a long-term
resident status in the territory of the European Community-former
the holder of a blue card, or the status of long-term resident status in
The European Community, in the territory of another Member State of the European Union,
who is the former holder of a blue card. "
20. In section 100, paragraph. 3, after the words "the police of the Czech Republic"
the words "or the Ministry of the Interior".
21. In section 102 paragraph. 1 the first sentence, after the words "green cards"
the words "or blue cards" and the words "and (j)) to (p))" shall be replaced by the words "and (j))
to r) ".
22. In section 126, paragraph 4 reads:
"(4) the authority to check, whether the alien performs work for the legal
or a natural person on the basis of an employment relationship or other
of the Treaty and that it carries out in accordance with the issued permit for employment,
the blue card, green card or, if under this Act
required, they also have customs offices. The Customs authorities are entitled to
check whether employers fulfils the obligation under section
87 and 88. For the purposes of the control referred to in the first sentence and the second provides
the Ministry in a way that allows remote access to the Customs authorities
information on permits issued by the authorities of the work of the employment and the written
information relating to foreigners, and to the extent referred to in section 87, 88, and
§ 92 paragraph. 3. The Office shall inform the Office about the checks carried out
responsible according to § 7 (2). 3 in the case of finding flaws passes
This Office work documents for the initiation of administrative proceedings
fine. ".
23. In article 145, the word "Permit" shall be replaced by the words "intention to employ
foreigners in several places of work, discuss, and permits ".
24. In section 147c at the end of paragraph 4 is replaced by a comma and the following dot
the letter t), which read:
"t) data on the employer and the work place of the holder of a blue card."
PART SEVEN
Amendment of the Act on State social support
Article. (IX)
In section 3 of the Act No. 117/1995 Coll., on State social assistance, as amended by
Act No. 124/2005 Coll., Act No. 218/2005 Coll., Act No. 135/2006 Coll.
Law No 379/2007 Coll. and Act No. 414/2008 Coll., is at the end of paragraph 2,
dot is replaced by a comma and the following letter h), including notes
footnote No 56 is added:
"h) foreigners who have been granted long-term residence permit in the territory of
The Czech Republic, for the purpose of employment requiring high
qualifications under special legislation ^ 56).
56) § 42i Act No. 326/1999 Coll., as amended by law No 427/2010 Sb. ".
PART EIGHT
Amendment of the Act on social services
Article. X
Law No. 108/2006 Coll., on social services, as amended by Act No.
29/2007 Coll., Act No. 213/2007 Coll., the Act No. 261/2007 Coll., Act No.
124/2008 Coll., Act No. 129/2008 Coll., Act No. 274/2008 Coll., Act No.
479/2008 Coll., Act No. 108/2009 Coll., Act No. 206/2009 Coll., Act No.
223/2009 Coll., Act No. 227/2009 Coll. and Act No. 347/2010 Coll., shall be amended
as follows:
1. In section 4, paragraph 4. 1 (a). (d)) and e), the words "unless he shall be entitled to
the social benefits of a directly applicable regulation of European
^ 6), the Community ' shall be replaced by the words "unless otherwise provided in a directly applicable regulation
Of the European communities ^ 6) otherwise ".
Footnote 6 is added:
"6) of Council Regulation (EEC) No 1612/68 of 15 October. October 1968, on freedom of
movement for workers within the community.
Regulation of the European Parliament and of the Council (EC) No 883/2004 of 29 April 2004. April
2004 on the coordination of social security systems. ".
2. In section 4, paragraph 4. 1 at the end of the text of the letter f), the words ",
unless directly applicable European Community regulation ^ 48)
otherwise ".
Footnote No 48:
"48) Council Regulation (EC) No 859/2003 of 14 May 2003. May 2003
the scope of Regulation (EEC) No 1408/71 and Regulation (EEC) No 574/72
extends to nationals of third countries, to which this regulation
yet not apply only because of their nationality. "
3. In section 4, at the end of paragraph 1, the period is replaced by a comma and the following
Letter g) and (h)), including footnotes, No 49 and 50:
"g) foreigners, which has been granted long-term residence permit to
the territory of the Czech Republic for the purpose of scientific research under a special
the law ^ 49)
h) foreigners, which has been granted long-term residence permit in the territory of
The Czech Republic, for the purpose of employment requiring high
qualifications under special legislation ^ 50).
49) section 42f of Act No. 326/1999 Coll., as amended by law No 379/2007 Sb.
50) § 42i Act No. 326/1999 Coll., as amended by law No 427/2010 Sb. ".
PART NINE
Amendment of the Act on assistance in material need
Article. XI
Law No 111/2006 Coll. on assistance in material need, as amended by Act No.
165/2006 Coll., Act No. 585/2006 Coll., the Act No. 261/2007 Coll., Act No.
379/2007 Coll., Act No. 239/2008 Coll., Act No. 259/2008, Coll., Act No.
306/2008 Coll., Act No. 382/2008 Coll., Act No. 479/2008 Coll., Act No.
41/2009 Coll., Act No. 206/2009 Coll., Act No. 227/2009 Coll., Act No.
141/2010 Coll. and Act No. 347/2010 Coll., shall be amended as follows:
1. Footnote 10 is added:
' 10) of Council Regulation (EEC) No 1612/68 of 15 October. October 1968, on freedom of
movement for workers within the community. ".
2. In section 16, paragraph 2, including the footnotes No 52 to 56 shall read:
"(2) a person referred to in paragraph 1 shall not be considered neodůvodnitelnou burden
the system, if
and sickness insurance) is committing ^ 52),
(b)) is as a person self-employed retirement
insurance ^ 53),
(c)) is person who is entitled to the social benefits resulting from direct
Regulation of the European communities applicable ^ 10),
(d)) before the start of proceedings on the dose has been self-employed in the Czech Republic
and in the 10 years preceding the date of the initiation of the dose was
at least 5 years and immediately before the commencement of proceedings on the
a dose of at least 1 year the Group sickness insurance ^ 52), or
as a self-employed pension insurance ^ 53) and does not have
on the day of initiation, the outstanding balance on the insurance and finance charge on social
Security and contribution to the State employment policy,
e) is a person who, after the termination of the employment or the agreement on the
work activities, if these relationships founded on the participation
sickness insurance, or self-employment, if this
activity founded the participation in pension insurance, temporary work
incapable as a result of sickness or accident,
f) is a person who is registered in the register of job seekers and
immediately before the date of entry in the register of job seekers employed
more than 1 year; the condition is that it is not about a person who is not entitled
on unemployment benefits according to § 39, paragraph. 2 (a). and (b) of the Act), or)
about employment ^ 54),
(g)) is a person who is registered in the register of job seekers, if
immediately prior to the entry into the register of job seekers ended up
employment for a definite period closed for a period of 1 year or less
employment relationship based agreement on work activities, concluded on
less than 1 year, if the labour relations the participation on the
sickness insurance; the condition is that it is not about the person, which
is not entitled to unemployment benefits under section 39, paragraph. 2 (a). and)
or (b)), the Employment Act ^ 54); such a person shall not be considered
neodůvodnitelnou system load only after a period of 6 months from the taking into
registration,
(h)) is a person who is registered in the register of job applicants, and that
became unemployed during the first 12 calendar months of employment;
the condition is that it is not about a person who is not entitled to support in the
unemployment benefits under § 39, paragraph. 2 (a). and (b)) or the Act)
employment ^ 54); such a person shall not be considered neodůvodnitelnou burden
the system only after a period of 6 months from the withdrawal in the register, or
I) is a person who, after the termination of the employment or the agreement on the
work activities, if these relationships founded on the participation
sickness insurance, or self-employment, if this
activity founded the participation in pension insurance, has launched a professional
the preparation; training for the purposes of this Act, means the
systematic preparation for future occupations according to the law on State social
support ^ 55) and retraining according to the Employment Act ^ 56).
52) Law No. 187/2006 Coll., on sickness insurance, as amended
regulations.
53) Act No 155/1995 Coll., on pension insurance, as amended
regulations.
54) Act No. 435/2004 Coll., on employment, as amended,
regulations.
55) § 12 to 16 of Act No. 117/1995 Coll., on State social support, in
as amended.
56) section 108 of the Act No. 435/2004 Coll., as amended. ".
3. In section 16. 8 the second sentence, the words "the police of the Czech Republic"
replaced by the words "Ministry of Interior" and the words "the police of the Czech Republic"
replaced by the words "Ministry of Interior" and in the third sentence, the words "Police
The Czech Republic "shall be replaced by the words" Ministry of Interior ".
4. In article 61, paragraph. 1 letter b) including footnote No. 57:
"(b)) provides people information leading to the solution of material of an emergency or to
its prevention; This information enabled foreigners with long-term
residents on the territory of the Czech Republic for the purpose of employment
requiring high qualifications under special legislation ^ 57)
shall notify, in writing,
57) § 42i Act No. 326/1999 Coll., as amended by law No 427/2010 Sb. ".
5. In article 61, paragraph. 1 (a). (d)), and (f)), the words "the police of the Czech Republic"
replaced by the words "Ministry of Interior".
6. In section 61 is at the end of paragraph 1, the period is replaced by a comma and the following
letter h), including footnotes, No 58:
"(h) communicate in writing to the Ministry of the Interior) ^ 58) that the alien, which was
issued long-term residence permit in the territory of the Czech Republic
the purpose of highly qualified employment under the
special legal regulation ^ 57), submitted an application for a contribution towards living,
Supplement to the housing or special immediate assistance.
§ 106, paragraph 58). 3 of the Act No. 326/1999 Coll., as amended by Act No 217/2002
Coll., Act No. 428/2005 Coll., Act No. 112/2006 Coll., Act No. 161/2006
Coll. and Act No. 379/2007 Sb. ".
7. In section 62 (b)):
"(b)) provides persons in material need referred to in § 2 (2). 6 information
needed to overcome their immediate adverse life situations; These
the information enabled foreigners with long-term residents in the territory of the Czech
of the Republic for the purpose of highly qualified employment
under special legislation ^ 57) shall notify in writing. ".
8. In section 62, at the end of the dot is replaced by a comma and the following point (c)),
added:
"(c) shall be communicated in writing to the Ministry of the Interior) ^ 58) that the alien, which was
issued long-term residence permit in the territory of the Czech Republic
the purpose of highly qualified employment under the
special legal regulation ^ 57), filed a request for an extraordinary immediate
assistance to persons in material need referred to in § 2 (2). 6. ".
PART TEN
cancelled
Article. XII
cancelled
PART ELEVEN
The amendment to the labour code
Article. XIII
In section 48, paragraph. 3 of Act No. 262/2006 SB., labour code, as amended by law
No 382/2008 Coll., letter c) including footnote No 20 and 20a:
"(c)) date of expiry of the period for which it was issued work permit ^ 20)
or long-term residence permit for the purpose of employment in special
cases under special legislation ^ 20a) or permit to
long-term stay for the purpose of employment requiring high
qualifications under special legislation ^ 20a).
20) section 89 to 101 of the Act on employment.
20A) section 42 g and 42i Act No. 326/1999 Coll., as amended by law no 382/2008
Coll. and Act No 427/2010 Sb. ".
PART OF THE TWELFTH
Amendment to the Trade Licensing Act
Article. XIV
Act No. 455/1991 Coll., on trades (Trade Act),
as amended by law no 231/1992 Coll., Act No. 591/1992 Coll., Act No.
600/1992 Coll., Act No. 273/1993 Coll., Act No. 303/1993 Coll., Act No.
38/1994 Coll., Act No. 42/1994 Coll., the Act No. 136/1994 Coll., Act No.
200/1994 Coll., Act No. 237/1995 Coll., Act No. 283/1995 Coll., Act No.
94/1996 Coll., Act No. 95/1996 Coll., Act No. 147/1996 Coll., Act No.
19/1997 Coll., Act No. 49/1997 Coll., Act No. 61/1997 Coll., Act No.
79/1997 Coll., Act No. 217/1997 Coll., Act No. 280/1997 Coll., Act No.
15/1998 Coll., Act No. 83/1998 Coll., Act No. 157/1998 Coll., Act No.
167/1998 Coll., Act No. 159/1999 Coll., Act No. 356/1999 Coll., Act No.
358/1999 Coll., Act No. 360/1999 Coll., Act No. 363/1999 Coll., Act No.
27/2000 Coll., Act No. 29/2000 Coll., Act No. 121/2000 Coll., Act No.
122/2000 Coll., Act No. 121/2000 Coll., Act No. 121/2000 Coll., Act No.
149/2000 Coll., Act No. 151/2000 Coll., Act No. 158/2000 Coll., Act No.
247/2000 Coll., Act No. 249/2000 Coll., Act No. 258/2000 Coll., Act No.
309/2000 Coll., Act No. 367/2000 Coll., Act No. 406/2000 Coll., Act No.
458/2000 Coll., Act No. 61/2001 Coll., Act No. 100/2001 Coll., Act No.
120/2001 Coll., Act No. 164/2001 Coll., Act No. 257/2001 Coll., Act No.
274/2001 Coll., Act No. 477/2001 Coll., Act No. 478/2001 Coll., Act No.
501/2001 Coll., Act No. 86/2002 Coll., Act No. 119/2002 Coll., Act No.
174/2002 Coll., Act No. 281/2002 Coll., Act No. 308/2002 Coll., Act No.
320/2002 Coll., the finding of the Constitutional Court declared under no. 476/2002 Sb.
Act No. 88/2003 Coll., Act No. 130/2003 Coll., Act No. 162/2003 Coll.
Law No 224/2003 Coll., Act No. 228/2003 Coll., Act No. 274/2003 Coll.
Law No. 354/2003 Coll., Act No. 438/2003 Coll., Act No. 38/2004 Coll.,
Act No. 119/2004 Coll., the Act No. 167/2004 Coll., Act No. 257/2004 Coll.
Act No. 326/2004 Coll., Act No. 499/2004 Coll., Act No. 695/2004 Coll.,
Law No 58/2005 Coll., Act No. 95/2005 Coll., Act No. 127/2005 Coll.,
Act No 215/2005 Coll., Act No. 253/2005 Coll., Act No. 358/2005 Coll.
Act No. 428/2005 Coll., Act No. 444/2005 Coll., Act No. 62/2006 Coll.
Act No. 76/2006 Coll., Act No. 109/2006 Coll., Act No. 115/2006 Coll.
Act No. 137/2006 Coll., Act No. 159/2006 Coll., Act No. 165/2006 Coll.
Act No. 179/2006 Coll., Act No. 186/2006 Coll., Act No. 191/2006 Coll.
Law No. 212/2006 Coll., Act No. 214/2006 Coll., Act No. 225/2006 Coll.
Act No. 310/2006 Coll., Act No. 315/2006 Coll., Act No. 160/2007 Coll.
Act No. 269/2007 Coll., Act No. 270/2007 Coll., Act No. 296/2007 Coll.
Act No. 130/2008 Coll., Act No. 189/2008 Coll., Act No. 230/2008 Coll.,
Act No. 254/2008 Coll., Act No. 274/2008 Coll., Act No. 227/2009 Sb.
Act No. 285/2009 Coll., Act No. 292/2009 Coll., Act No. 145/2010 Sb.
Act No. 155/2010 Coll. and Act No. 160/2010 Coll., shall be amended as follows:
1. In section 10, paragraph 1. 1 (a). and the words ") § 47 odst. 5 the second sentence and section 47
paragraph. 6 "shall be replaced by the words" § 47 odst. 5 the second sentence of § 47 odst. 6 and 7 ".
2. In section 10, paragraph 1. 4, the words "are not nationals of the Member States
The European Union "shall be replaced by the words" in the territory of the Czech Republic
operate your business through business enterprise. "
3. In article 47 paragraph 7 and 8, including footnotes, No 37:
"(7) in the case of notification of foreign natural persons, that is required to
to demonstrate whether or not proof of residence permit pursuant to section 5 (3). 5 and that
demonstrated compliance with all the conditions with the exception of the conditions for the residence permit,
Trade Licensing Office shall issue to the foreign natural person for the purposes of the proceedings of the
residence permit the listing with the data according to § 47 odst. 2 with the exception of data
referred to in subparagraph (e)). The right to operate a business produces this person day
proof of the document providing evidence of long-stay visas or permits
to the long-term stay živnostenskému Office where the business was
reported. Does not satisfy the foreign natural person, General and special
the conditions of operation of the trade, the Trade Licensing Office shall decide that
upon to fulfil the conditions for the emergence of a business licence.
(8) provide proof of the person referred to in paragraph 7 of document of residence permit
under special legislation ^ 24b) within 3 working days from the date of
the Declaration of the place of stay of foreigners on the territory of the Czech Republic ^ 37),
Trade Licensing Office within 5 days will issue a statement according to § 47 odst. 2. If they can demonstrate
This person proof of residence permit within the specified period, trade
the Office shall decide that the conditions for the emergence of upon to fulfil
business licence. As Trade Licensing Office shall decide, in
If that person did not substantiate proof of residence permits in
a period of 6 months from the date of delivery of the statement referred to in paragraph 7.
37) section 93 of the Act No. 326/1999 Coll., on stay of foreigners on the territory of the Czech
Republic and amending certain laws, as amended. ".
4. In section 48, paragraph. 2 the term "in writing" shall be deleted, the words "the competent authorities of the
the foreign police "shall be replaced by the words" Ministry of Interior "and the word
"confirmation" shall be replaced by the word "statement".
PART THIRTEEN
cancelled
Article. XV
cancelled
PART OF THE FOURTEENTH
The amendment to the law on court fees
Article. XVI
In section 11 (1). 2 Act No. 549/1991 Coll. on court fees, as amended by
Law No. 36/1995 Coll., Act No. 209/1997 Coll., Act No. 227/1997 Coll.,
Act No. 103/2000 Coll., Act No. 255/2000 Coll., Act No. 451/2001 Coll.
Act No. 159/2006 Coll., Act No. 296/2007 Coll., the Act No. 216/2008 Sb.
and Act No. 217/2009 Coll., the letter ch):
"ch) alien in control in matters relating to international protection, temporary protection,
the decision to ensure the decision on the extension of the provision, as well as
other decisions, the effect of which is to limit the personal freedom of the foreigner,
and in the management of the release of the foreigners from hedging, ".
PART FIFTEEN
The amendment to the law on budgetary rules
Article. XVII
In section 15 of Act No. 218/2000 Coll., on the budgetary rules and the change
some related acts (budgetary rules), as amended by law
No 479/2003 Coll., Act No. 26/2008 Coll. and Act No. 109/2009 Coll., on
the end of paragraph 1 is replaced by a comma and dot is added to subparagraph (f)), which
including a footnote No. 34:
"(f)) to a finding that he was given the performance of illegal work ^ 34); withdraw is
possible means provided in the period up to 12 months prior to the finding.
34) Act No. 435/2004 Coll., on employment, as amended,
regulations. ".
PART SIXTEEN
Change Education Act
Article. XVIII
In section 183b of Act No. 561/2004 Coll. on pre-school, primary, secondary,
higher vocational and other education (the Education Act), as amended by Act No.
343/2007 Coll., is at the end of paragraph 3 shall be replaced by a comma and the following dot
the letter d), including footnotes, no 52:
"(d)) the holder of a long-term residence permit for employment purposes
requiring high qualifications, according to a special legal
^ code 52).
52) Council directive 2009/50/EC of 25 November 2003. in May 2009 on the conditions for
the entry and residence of third country nationals for the purpose of
highly qualified employment.
§ 42i Act No. 326/1999 Coll., as amended by law No 427/2010 Sb. ".
PART SEVENTEEN:
Amendment of the Act on municipal police
Article. XIX
Act No. 553/1991 Coll. on the municipal police, as amended by Act No. 67/1993
Coll., Act No. 163/1993 Coll., Act No. 82/1995 Coll., the Act No. 152/1995
Coll., Act No. 132/2000 Coll., the Act No. 312/2002 Coll., Act No. 320/2002
Coll., Act No. 267/2006 Coll., Act No. 274/2008 Coll., Act No. 480/2008
Coll. and Act No 227/2009 Coll., is hereby amended as follows:
1. In § 11a paragraph. 1 (a). and section 4), the following is added:
"4. the identity of the foreigners".
2. In section 11a shall at the end of paragraph 3 the following sentence "the foreigners provide
the requested authority and the type and the address of the place of stay, where appropriate, on the territory of the address,
to which the documents are to be delivered by a special legal
Regulation, number and validity of the permission to stay, the beginning of the stay
where appropriate, the date of their stay on the territory of, waiver or limitation
the eligibility of legal capacity and administrative or judicial expulsion and
No foreigners admitted on the territory. ".
PART EIGHTEEN
The amendment to the law on Ombudsman
Article. XX
Act No. 349/1999 Coll., on the public Ombudsman, as amended by Act No.
265/2001 Coll., Act No. 309/2002 Coll., Act No. 320/2002 Coll., Act No.
626/2004 Coll., Act No. 381/2005 Coll., Act No. 342/2006 Coll., Act No.
129/2008 Coll., Act No. 314/2008 Coll., Act No. 198/2009 Coll. and act
No 227/2009 Coll., is hereby amended as follows:
1. In section 1, paragraph 5, the following paragraph 6 is added:
"(6) the Ombudsman carries out monitoring to ensure foreigners and the performance of the administrative
the expulsion, transfer or transit of secured foreigners and punishment of expulsion
the foreigners, who were taken into custody or expulsion who perform
imprisonment (hereinafter referred to as the "monitoring the expulsion"). ".
Paragraphs 6 to 8 shall be renumbered as paragraph 7 to 9.
2. § 21a is inserted:
"§ 21a
(1) for the visit of the facilities and the monitoring of the expulsion, the provisions of section 15 and the
16.
(2) for the purposes of monitoring the performance of the penalty of expulsion of foreigners, which was taken
the expulsion of the binding or that carries a custodial sentence,
inform the Police of the Czech Republic in advance about the Ombudsman
his performance.
(3) the guardian after visiting the facility, after related visits more
the device or after watching the expulsion shall draw up a report on the
their findings. Part of this report may be recommendations or suggestions
measures to remedy the situation. ".
3. In section 23 paragraph 2 is added:
"(2) the Public Protector and his consistently introduces the activities referred to in
of this Act and with the knowledge of his activities. Messages from the
visits to the device, the message from the monitor, including the expulsion of the received
expression and selected reports of completed investigations in individual cases
the guardian published in an appropriate manner; section 20 (2). 2 (a). (b))
Similarly,. ".
PART OF THE NINETEENTH
Amendment of the Act on registered partnerships
Article. XXI
In § 25 paragraph. 5 of law No 115/2006 Coll., on registered partnerships
changes to some related laws, as amended by Act No. 239/2008 Coll.,
the word "asylum", the words "or additional protection."
PART 20
The amendment to the law on the temporary protection of aliens
Article. XXII
Act No. 221/2003 Coll., on the temporary protection of aliens, as amended by Act No.
112/2006 Coll., Act No. 165/2006 Coll., Act No. 343/2007 Coll., Act No.
379/2007 Coll., Act No. 274/2008 Coll., Act No. 41/2009 Coll. and Act No.
227/2009 Coll., is hereby amended as follows:
1. In section 6 (1). 2 (a). (b)), the words "and the border" are deleted.
2. In section 58a, paragraph. 1, 2 and 3, the word "police" is replaced by
"the Ministry".
3. In section 58a, paragraph 5 shall be deleted.
Paragraph 6 is renumbered as paragraph 5.
SECTION 20 OF THE FIRST
cancelled
Article. XXIII
cancelled
PART TWENTY-TWO
Amendment of the Act on public research organisations
Article. XXIV
In section 30b paragraph. 7 and section 30 c of paragraph 1. 6 of law No 341/2005 Coll., on public
research organizations, as amended by law No 379/2007 Coll., the words
"The police of the Czech Republic" shall be replaced by the words "Ministry of Interior".
PART TWENTY-THREE
The EFFECTIVENESS of the
Article. XXV
This law shall enter into force on 1 January 2005. January 1, 2011, with the exception of the provisions
and) article. I, points 67, 73, 74, 75, 83, with regard to section 44a of the paragraph. 12 and 13,
155 points, 156, 168, 170, 171, paragraph 212, in terms of section 103 (a). t)
section 232, paragraph 295, in terms of section, paragraph 156. 1 (a). r), 296, 297 points,
303, 317, 330, 362 and article. (II) of section 2, article. (III) section 39 in respect of section 52
(a). h) to (j)), paragraph 40, in terms of section 53a of the paragraph. 6 and 7 and § 53b (a). (h))
to j), points 41, 42, 48 to 52 and 56, article. IV, point 2, article. (VI) points 1 to
4, article. VII and article. (VIII) points 5, 6, 8 and 17, which shall take effect on the date
May 1, 2011,
(b)) article. I, point 15, which shall take effect on 1 January 2005. January 2013.
Němcová in r.
Klaus r.
in from John v. r.
