428/2005 Coll.
LAW
Dated 23 September 2005
Amending Act no. 326/1999 Coll., On the stay of foreigners in the Czech Republic
and amending certain laws, as amended, and certain other laws
Change: 170/2007 Coll.
Change: 428/2005 Coll.
Parliament has passed this Act of the Czech Republic:
PART ONE
Amendment to the Act on Residence of Aliens in the Czech Republic
Article I
Act no. 326/1999 Coll., On the residence of foreigners in the Czech Republic and
amending certain laws, 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. and Act No.
. 559/2004 Coll., Is amended as follows:
First In § 5. a) point 4, including footnote no. 5 reads:
"Fourth proof of travel health insurance, which pays
cost of treatment in connection with an accident or sudden illness in the territory, including
costs associated with transporting the patient to a state whose travel document
own, or to another state in which he is allowed to stay,
to the amount of at least EUR 30 000 (hereinafter referred to as "proof of travel health insurance
") for a period of residence; proof of travel health insurance
documents must be submitted even when
insurance under a special legal regulation 5) will ensure the day
foreigners entering the territory
5) Act no. 48/1997 Coll. public health insurance and amending and supplementing
related laws, as amended. ".
Second In § 6, at the end of the text of paragraph 1, the words "or in the territory
passed under an international treaty, or regulation of the European
community."
Third § 6 para. 7, after the word "submit" the words "
residence visa for over 90 days for the purpose of obtaining long-term residence for the purpose of family reunification
or".
Fourth In § 6, the following paragraph 9 is added:
"(9) The obligation to submit proof of travel medical insurance for foreigners
not apply if the insured under a special legal regulation
5) when health care costs are reimbursed on the basis of international agreements
or if the alien demonstrates that health care is paid
other way. Submission of proof of travel health insurance
is not required from foreigners who could not, for objective reasons
provide such coverage to their State of residence or from
foreigner under § 42b paragraph. 2, in which case the foreigner is obliged to arrange insurance
without undue delay for staying in the territory, the latest
within 3 working days from the date of entry into the territory. Submission of proof of
travel health insurance is also required if
representative office of his request while granting diplomatic or special visa
dropped or if the foreigner enters the territory in the interest of the Czech Republic. ".
Fifth In § 9. 1 point. a) the number "4" is replaced by "3".
6th In § 9. 1 at the end of the text of letter k) the words ";
It does not apply in the case of a citizen of the European Union 1)".
7th In § 9 par. 2 point. c) the words "Section 5" is replaced by "Section 4
or 5".
8th In § 9, after paragraph 2 the following paragraph 3 is added:
"(3) The Police may deny a foreigner who was granted a visa for a stay
over 90 days for the purpose of obtaining long-term residence for the purpose
of family reunification, access to the territory due under paragraph 1 || | point.) to j) and point. l) to o) and paragraph 2. b). ".
The former paragraphs 3 to 5 shall be renumbered 4 to 6
9th In § 14 first sentence, the words "consisting of two identical parts
containing" replaced by the word "including" and the third sentence is deleted.
10th In § 15 letter d) reads:
"D) associated with the stay detained in the territory and departure from the territory
.".
11th In § 15a paragraph. 1, after letter a) the following new paragraph b), which reads:
"B) a parent, if it is a citizen of the European Union ^ 1) younger than 21 years."
Existing letters b) and c) are renumbered c) and d).
12th In § 18) and b) including footnote no. 6a added:
"A) if so provided directly applicable European legislation
community-6a) and if it is not in compliance with this regulation
international treaty or government regulation [§ 181 point. A)] specified | || otherwise
B) if so provided in accordance with a directly applicable regulation
European Communities ^ 6) an international treaty or its
government regulation [§ 181 point. b)]
6a) Council Regulation (EC) no. 539/2001 of 15 March 2001 laying
listing the third countries whose nationals must be in
crossing the external borders and visas, and those countries
whose nationals are exempt from that requirement, as amended in
.. "
13th canceled
14th in § 18 point . d) section 5, the words "under § 108 paragraph. 1 point. h) ^ 7b) "
replaced by" issued by the school on a standard form-7b), in which pupils
mentioning the identity, purpose and duration of their stay or transit, or ".
15 .
abolished 16th in § 19 para. 4, the number "6" is replaced by "5".
17th in § 23 paragraph 2 reads: || |
"(2) When filing an application pursuant to § 22 paragraph. 5
foreigner must also prove the grounds on which applies for a visa at a border crossing
. If the reason for the request unrealized aircraft landing at
territory, the foreigner does not request proof of travel health insurance and
photograph. ".
18th in § 24 paragraph 4 reads:
| || "(4) An alien who is listed in the legislation issued under § 182, paragraph
. 1 point. b) may in airside transit
only on the basis of an airport visa. ".
19th in § 26 par. 2, the words" 1 year "are replaced by" two years ". | ||
20th in § 27 par. 2, first sentence, the word "justify the occupation
within 90 days" shall be deleted.
21st In § 27 after paragraph 2 a new paragraph 3 which reads:
"(3) Before the visa for a stay up to 90 days
foreigner must submit proof of travel health insurance during their stay in the territory
; this does not apply if the cases referred to in § 6. 9. Requests If
stranger on the granting of visas for multiple visa is also required to join the request
affirmation that each additional stay on | || territory will have travel health insurance. ".
Former paragraphs 3 to 5 shall be renumbered 4 to 6
22nd § 28 reads:
" § 28
When filing an application pursuant to § 26 par. 5
foreigner must submit passport, proof of travel health insurance during their stay in the territory
and prove the grounds on which applies for a visa at
border crossing. The obligation to submit proof of travel health insurance
does not apply to cases referred to in § 6.
9. An alien is also obliged to prove upon request sufficient funds to stay on
territory (§ 13), demonstrate availability of funds
s departure from the territory (§ 12), and submit photos. ".
23rd in § 29 para. 3, after" proof of "the word" travel ".
24. In § 29a paragraph 1, including footnote no. 8 reads:
"(1) the Czech Republic granted a transit visa, airport visa or a visa for
stay up to 90 days as a single Schengen visa, are if fulfilled these conditions
:
A) the alien is not included in the information system of States Parties
B) is no reasonable danger that the foreigner might stay in the territory of another Contracting State
jeopardize its security or disturb it
public order or undermine the international relations of States Parties
C) The Czech Republic is the goal of his journey, or in the case of transit through the territory of States Parties
the first Contracting State to which this visa
enters
D) travel document to which the visa shall be affixed entitles the
entry to all Contracting States, and
E) the alien shall submit the requirements for granting the requested type of visa (§
23, 25 and § 27 para. 1 and 2); in the case of a visa according to § 26
also submit proof of TMI-8a) from which you can pay
cost in the range according to § 5. a) Section 4
during their stay in the territory of all Contracting States and has to be granted a visa
multiple alien must also submit an affidavit that each
another residence on the territory of the Contracting States will have travel
health insurance.
8a) Council Decision 2004/17 / EC of 22 December 2003 amending Part V
point 1.4 of the Common Consular Instructions and Part I, section 4.1.2
Common Manual with regard to the inclusion of the requirement to present proof of travel medical insurance
between documents for the grant of a uniform
Entry visa. ".
25th in § 29a paragraph 3, including footnote no. 8b reads:
" (3) If the conditions in paragraph 1 met,
Czech Republic in accordance with international conventions on the abolition of checks at common borders
and regulations issued thereunder ^ 8b)
restrict the territorial validity of the uniform Schengen visa. The authority which granted such a visa
shall notify the other States Parties.
8b) The Convention Implementing the Schengen Agreement signed on 14 June 1985
between the governments of the Benelux Economic Union, the Federal Republic
Germany and the French Republic on the gradual abolition of checks at common borders
.
The Executive Committee SCH / Com (99) 13 dated 28 April 1999
final Common Manual and the Common Consular Instructions.
Council Decision 2004/17 / EC of 22 December 2003 amending Part V
point 1.4 of the Common Consular Instructions and Part I, section 4.1.2
Common Manual with regard to the inclusion of the requirement to document the conclusion
travel medical insurance as documents for the grant of a uniform entry visa
.. "
26th in § 29a, paragraph 4 is repealed.
Former paragraph 5 shall be renumbered 4th
27th in § 30. 2, after the words "residence permit", the words "
term residence permit for the purpose of family reunification or
special residence permit, jde- If a family member who is not a citizen
European Union ^ 1). "
28th in § 30. 4 first sentence, the word" take "the words
" for long-term residence for the purpose of family reunification or
"and the words" working days ", the words" visa for the purpose
takeover special residence permit, if it is a
family member who is not a citizen of the European Union ^ 1a), and ".
29th In § 30 paragraph. 4 second sentence after the word "take" the words
'term residence permit for the purpose of family reunification,
special residence permit or. "
30th In § 30 paragraph. 4 third sentence after the word "takeover" the words
'term residence permit for the purpose of family reunification,
special residence permit or. "
31st In § 31 paragraph 2, including footnote no. 8c reads:
"(2) The application for a visa for over 90 days for employment purposes
foreigner is obliged to submit documents pursuant to paragraph 1.), D)
e) and f). It is a foreigner must submit a work permit or
application reference number of the application for a work permit and
which the labor office for such a permit. the work permit may not
stranger to submit a number of the request for his extradition indicate
unless a work permit under a special legal regulation 8c)
a condition of employment.
8c) Act no. 435/2004 Coll., on employment. ".
32nd In § 31, the following paragraph 5 is added:
"(5) before a visa for over 90 days
foreigner must submit proof of travel health insurance during their stay in the territory
; this does not apply if the cases referred to in § 6. 9. ".
33rd § 32 including the title and footnote no. 9 is repealed.
34th § 33 including the title and footnote no. 9 reads:
"§ 33
Visa for over 90 days for leave to remain in the territory
(1) The Police shall issue a visa for over 90 days for leave to remain on
territory foreigners
a) in which he leaves the territory of an obstacle to his will
independent
b) whose departure is not possible (§ 179)
c) who is a witness or injured party in criminal proceedings and its participation
management is necessary
d) the action or cassation appeal on temporary protection was granted suspensive effect
court decision ^ 9) | ||
e) that the period of validity of residence permit requested on the territory of the issuing
residence permit pursuant to § 69 para. 2, if that request was
decided during the validity of the aliens or
f) has filed a lawsuit against the Ministry's decision, which was his
asylum request rejected as manifestly unfounded
any of the reasons specified in § 16 point.) to h), etc. ) asylum Act ^ 2)
simultaneously filed for suspensive effect of this action.
(2) An application for a visa for over 90 days for tolerated stay
The territory is administered to the police department.
(3) Visa for over 90 days for leave to remain on
territory in the travel document of the police.
(4) The validity period of the visa for over 90 days for leave to remain on
territory police provides for the necessary period, but no longer than 1
year.
(5) An alien who has been granted a visa for over 90 days for leave to remain on
territory due under paragraph 1. a)
is obliged to request the police to prove that the obstacle to leave the country persists;
If they prevent this prove an obstacle to the independent will of the foreigner can prove
replace affidavit.
9) Act no. 150/2002 Coll., Administrative Procedure Code, as amended
regulations. ".
35th in § 34 point. B) the text '§ 32 par. 2 point. a) or c) "is replaced by the text
'§ 33 para. 1 point. a), d) or f). "
36th In § 34 at the end of subparagraph c) is replaced by a comma and
letters d) and e) are added:
|| | "d) document confirming the existence reason, according to § 33 para. 1 point. c)
E) proof of travel health insurance, in the case of foreigners according to § 33 paragraph
. 1 point. e). ".
37th in § 35 paragraph 2 reads:
" (2) The application for extension of stay in the country on a visa for over 90 days
stranger must submit documents pursuant to § 31 para. 1
point. a) to e) and on demand requirement under § 31 para. 4 point. b).
The application for extension of stay in the territory on a visa for over 90 days for employment purposes
documents must be submitted
decision on the extension of the work permit requirements pursuant to § 31 para. 1 point.
A), d) and e) upon request requirement under § 31 para. 4 point. b). Furthermore
foreigner must submit proof of travel health insurance for the duration
residence. The obligation to submit proof of travel health insurance
during their stay in the territory does not apply if the alien has medical
insured under a special legal regulation 5) or if
reimbursement of health care costs proved in another way. The foreigner is also obliged
at the request of the police to submit a change of appearance and image. ".
38th in § 36 para. 1, the text" point. a) and b) "is replaced by" point. a)
b), d) and e). "
39th in § 37 par. 2 letter f), including footnote no. 9a reads:
'f) another state of the European Union or a Contracting state applying a joint
procedure concerning expulsion has decided on expulsion of foreigners from their territory
^ 9) because of the conviction foreigners sentenced to imprisonment
least one year or for reasonable suspicion, that he has committed serious criminal activity or
such activity prepares the territory of any State
European Union or a Contracting State implementing a common procedure in the case
expulsions, and for reasons of infringement
governing the entry and stay of foreigners their territory
9a) Council Directive 2001/40 / EC of 28 May 2001 on the mutual recognition
decisions on the expulsion of third country nationals. ".
40th in § 38 par. 1 text "§ 32 par. 2" is replaced by "§ 33 para. 1
."
41st In § 38 after paragraph 2 the following paragraph 3 is added:
" (3) the Police shall cancel the visa for over 90 days for the purpose of sufferance
stay in the territory granted because according to § 33 para. 1 point. f)
If the court decides that the application does not grant suspensive effect or a
action is dismissed, or enters into force if the court judgment, which
cancels the decision of the Ministry under a special legal regulation 2). . "
existing paragraph 3 shall be renumbered 4.
42nd In § 40 at the end of the text of paragraph 3, the words";
before the visa is alien shall upon request submit proof of travel health insurance
a period of residence; It does not apply
case of the cases mentioned in § 6. 9. "
43rd in § 40 paragraph 4 reads:
" (4) A diplomatic visa and a special visa grants embassy. ".
44th in § 40 paragraph 5 shall be deleted.
45th in § 42 para. 1 the words" except in cases specified in § 32
paragraph. 1, "are deleted.
46th after § 42, the following new § 42a and 42b
including headings and footnotes. 9b and 9c added:
" § 42a
Term residence permit for the purpose of family reunification in the territory
(1) An application for long- term residence permit for the purpose of
family reunification ^ 9b) (hereinafter the "family reunification") is
Entitled to file a foreigner who is
A) husband of foreigners with residence permits,
B) a minor or adult dependent child of an alien with a residence permit
,
C) a minor or adult dependent child
husband foreigners with residence permits,
D) the minor foreigner, who was a foreigner with a residence permit in the
husband or his decision by the authority entrusted to a substitute
family care, or that he was a foreigner with a residence permit in the territory or his spouse, adopted
or whose guardian or husband
his guardian is a foreigner with a residence permit in the territory if the care
minor foreigner to perform in the territory
E) the parents of a minor foreigner who has been granted asylum under a special regulation
^ 2); if he is not foreign minor
parents, he is entitled to submit a request to another of his direct relative in the ascending line
, and the absence of such a relative is entitled to submit a request
guardian of a minor foreigner
F) lone foreigner older than 65 years of age or regardless of age foreigner
who are themselves unable for reasons of health care itself, if it is a
family reunification with a parent or a child with a residence permit in the territory.
(2) An alien pursuant to paragraph 1, which was allowed to stay on the territory or
granted asylum, for the purposes of this Act be deemed wearer
permission for family reunification.
(3) An application for long- term residence permit for the purpose of family reunification
served stranger to the embassy.
(4) During their stay in the country on a visa for over 90 days or
term residence permit issued for purposes other foreigner may
application for permanent residence for the purpose of joint cohabitation of the family
submit to the police department.
(5) The term residence permit for the purpose of family reunification
foreigners granted if
A) the alien with whom it should be possible family reunification, the holder
term residence permit or residence permit and
staying in the territory for at least 15 months; in the case of reunification of spouses,
same time, each of them must reach the age of 20
B) the spouse with whom to be allowed family reunification,
been granted asylum under a special legal regulation 2) if the marriage
established prior to entry,
C) minor foreigner, should be allowed to cohabitation
family was granted asylum under a special legal regulation 2)
D) are foreigners under paragraph 1. d) or f).
(6) In the case of a polygamous marriage is not for long-term
residence for the purpose of family reunification granted to foreigners whose husband is a carrier
permission to family reunification and already on the territory of another
wife resides.
§ 42b
Elements of the application for a permit for long-term residence for the purpose of family reunification
(1) The application for a permit for long-term residence for the purpose of family reunification
documents must be submitted
A) the requirements specified in § 31 para. 1 point. a), d), e) and f)
B) a document confirming the family relationship; in the case of a request for extradition
term residence permit for the purpose of family reunification with
bearer permission to family reunification has been granted asylum by
special legislation 2), may prove relationship to other
credible manner if there is no presentation of a document may
C) the consent of a parent or other legal representative or guardian with
child's residence in the territory unless the cohabitation of a family with this
parent, or legal guardian,
D) proof that the total family income after the merger will be
sufficient to provide food and other basic needs of all its members and
necessary household expenses
under a special legal regulation 9c).
(2) If the application for a permit for long-term residence for the purpose of family reunification
wearer permission to family reunification
has been granted asylum under a special legal regulation 2), filed
within 3 months from the coming into force of the decision on granting asylum
permit is required to submit only a travel document and a photograph
prove the relationship manner pursuant to paragraph 1.
B).
(3) The application for a permit for long-term residence for the purpose
Of family reunification, the foreigner is also obliged to request
attach documents referred to in § 31 para. 4th
(4) Before the visa for a stay over 90 days for the purpose of receiving
term residence permit for the purpose of family reunification
foreigner must submit proof of travel health insurance after
period of residence; this does not apply if the cases referred to in § 6.
9th
9b) Council Directive 2003/86 / EC of 22 September 2003 on the right to merge
family.
9c) § 3 para. 2 and 3 of Law no. 463/1991 Coll., On the subsistence minimum.
Decree no. 664/2004 Coll., Which increase the subsistence minimum
.. "
47th in § 43 of the text" (§ 32 par. 2) "is replaced by" according to § 33 or
special legislation 2). "
48th in § 44 para. 1, the text" § 42 "the following text", 42a ".
49 . In § 44 after paragraph 1 the following paragraph 2 is added:
"(2) An alien who was granted long-term residence
for the purpose of family reunification to the request submitted to the embassy || | authority is required within 3 working days of entering the country to attend
personally to the police to take over the license for a residence permit.
The decision, which was alien granted long-term residence for the purpose of family reunification
, comes into force on the date of its receipt. ".
Paragraphs 2 to 6 shall be renumbered 3 to 7 || |
50th in § 44 paragraph 5-7 added:
"(5) the term residence permit, police issued with a validity
A) necessary to achieve the purpose, which requires a stay in the territory
less than one year,
B) one year, if it is a temporary residence for study purposes
with an expected duration of stay longer than one year,
C) appropriate in the case of family reunification
period of validity of the license for a residence permit (§ 44 para. 1), which was issued bearers
permission to family reunification, but at least for one year,
D) two years in the case of family reunification, if the wearer
permission for family reunification issued a residence permit,
E) corresponding to the time specified in the work permit, or
F) two years in other cases.
(6) The validity term residence permit can be repeatedly
extend the maximum period specified in paragraph 5; in the case
pursuant to paragraph 5. c) the period of validity of a long-stay
according to § 44 para. 1, which was issued permissions to carry
family reunification, and in the case pursuant to paragraph 5. d) for a period of 5 years.
(7) The extension of long-term permit to § 35 paragraph
. 2 and 3, § 36 and § 46 para. 3 and § 47 apply mutatis mutandis. ".
51st in § 44, paragraph 8 shall be added:
" (8) K request for extension of the term residence permit
issued for the purpose of family reunification
alien shall submit documents pursuant to § 42b paragraph. 1 point. a), c) and d) and
travel health insurance during their stay in the territory;
It does not apply if the alien is insured under a special legal regulation
^ 5) or if payment for medical expenses
demonstrates another way. If the holder of the authorization granted family reunification
asylum permit is required to submit only a passport.
Validity term residence permit issued for the purpose of cohabitation
family can be extended if the Police find a reason for instituting proceedings
to cancel the validity of the permit (§ 46a). ".
52nd In § 45, the words "§ 32 par. 2" is replaced by "§ 33 para. 1".
53rd in § 45 of the existing text becomes paragraph 1 and the following paragraphs
2-6 are added:
"(2) An alien over 18 years with long-term residence for the purpose of family reunification
is entitled, after five years of residence in the territory
ask the police to issue a long-term permit for
other purposes.
(3) An alien with long-term residence for the purpose of family reunification
who is a survivor of a wearer
permission to family reunification, is entitled to ask the police for a permit to
long-term residence for other purposes if
A) the date of death of the holder permission to family reunification resided in the territory
continuously for at least 2 years;
continuous residence requirement does not apply if the foreigner as a result of marriage carries with permission for family reunification
lost citizenship of the Czech Republic or
B) the death of the holder permission to family reunification is due
occupational injury or illness.
(4) An alien in possession of long
for the purpose of family reunification shall be entitled to apply for a permit for a long-term
stay for another purpose in the case of divorce with the holder of the authorization
family reunification, resided when the date of the divorce on the territory
continuously for at least 2 years and the marriage lasted at least 5 years;
condition of continuous residence and the duration of the marriage shall not apply if the foreigner as a result
marriage carries with permission for family reunification
state lost Czech citizenship.
(5) An application under paragraph 3 or 4, the foreigner must submit
A) travel document
B) a document attesting fulfillment of the conditions referred to in paragraph 3 or 4
C) proof of accommodation in the territory
D) a document according to § 42b paragraph. 1 point. d) or a work permit,
E) proof of travel health insurance during their stay in the territory;
It does not apply if the foreigner is insured under a special legal regulation
^ 5), or if it shows payment for medical expenses
another way
F) an extract from a penal register as a basis for assessing criminal
preservation (§ 174); It does not apply in the case of an alien under 15 years
G) photographs.
(6) Authorization to submit an application for a permit for long-term residence of
due under paragraph 3 or 4 expires 1 year from the date when this
reason occurred. ".
54th In § 46 para. 1, the text "point. a) to d) and f), § 31 para. 2 "is deleted.
55. In § 46 at the end of paragraph 1 the sentence" The provisions of § 55 paragraph.
1 and § 62 paragraph. 1 applying for a visa for over 90 days
apply mutatis mutandis to long- term residence permit for the purpose of family reunification
.. "
56th in § 46 para. 2, the text" § 32 Sec. 2 "is replaced by" § 33 para. 1
. "
57th In § 46 at the end of the text of paragraph 2, the words";
permits for long-term residence for the purpose of family reunification shall apply mutatis mutandis
§ 56 paragraph. 1 point. a) to c), e), g), h) and § 56 par. 2 point. a) ".
58th in § 46, paragraphs 3 and 4, which including footnote No.
. 9d added:
" (3) The permit application long-term residence for the purpose of employment
foreigner is obliged to submit the decision on the extension
work permits and documents pursuant to § 31 para. 1 point. a), d) to f
).
(4) The application for a permit for long-term residence for the purpose
business foreigner must also submit a certificate of the tax office
Czech Republic on the status of his tax arrears and confirmation of the District Social Security Administration
about that is not payable outstanding
social security insurance and the state employment policy
including penalties; payable outstanding for the purposes of this Act
include outstanding premiums for social security contributions and the
state employment policy, including penalties, for which payment has been
permitted under special legal regulation 9d) the repayment of || | installments. If no stranger taxpayer or payer of
social security contributions and the state employment policy,
submit a document issued by the tax authority of the Czech Republic or county
Social Security Administration confirming this fact.
9d) § 20a of the Act no. 589/1992 Coll., On Social Security and
contribution to the state employment policy, as amended by Act no. 241/1994 Coll
., Law no. 160 / 1995 Coll., Act no. 113/1997 Coll. and Act no. 492/2000 Coll
.. "
59th after § 46 the following § 46a, including the heading reads:
" § 46a
Invalidation term residence permit for the purpose of family reunification
(1) At the request of the alien police force term residence permit
for the purpose of family reunification canceled.
(2) The Police also cancel the validity term residence permit for
purpose of family reunification if
A) the alien has been convicted of committing an intentional crime
offense
B) another state of the European Union or a Contracting State applying a joint
procedure concerning expulsion has decided on expulsion of foreigners from their territory
^ 9) because of the conviction stranger to imprisonment of at least one year
or for reasonable suspicion that he has committed a serious criminal
Activity or preparing such activity in the territory of a State
European Union or a Contracting State implementing a common procedure in the case
expulsions, and for reasons of infringement
governing the entry and residence of foreigners on their territory | ||
C) the alien at a residence check proven ability to pay the costs
healthcare and prove it within the period specified by the police
D), it was found that the foreigner might at another residence on the territory
endanger the security of the Czech Republic or seriously disrupt public order
,
E) the foreigner ceased to meet the conditions rendered pursuant to § 42b paragraph. 1
point. c) or d)
F) finds that the particulars submitted the application for issuance or extension of
term residence permit for the purpose of family reunification
forged or altered,
G) the alien does not have secured accommodation in the territory,
H) the alien might at another residence on the territory
endanger public health that suffers from a serious disease if such disease occurred before
foreigners entering the territory
I) the alien does not fulfill the purpose for which it was issued,
J) finds that a foreigner married to obtain this authorization;
It does not apply if the child was born in wedlock or were at the time of marriage
child irrevocable adoption, or
K) asked the bearer permission to family reunification to cancel the permit for long-term residence or
him the permit was canceled on condition that
implications of this decision are reasonable grounds for canceling
validity. In assessing the adequacy of police
reflect in particular the effects of this decision in private and family life of a foreigner.
(3) Police in the decision sets a deadline to leave the country and foreigners
grant an exit order; the alien is required within a specified period from the territory
go. '.
60th In § 48, after "§ 33" the following text "paragraph. 1 point. a) to d) "and
words" legal regulation, 3a) ", the words" (hereinafter called "alien
temporary protection"). "
61st in § 50 paragraph. 1, "after the decision to stop providing
temporary protection in the territory under a special legal regulation 3a) '
replaced by" after termination of the protection of the territory by
special legislation 2), ^ 3a). "
62nd in § 50, paragraph 2 deleted.
Former paragraphs 3-8 become paragraphs 2 to 7
63rd in § 50 Sec. 4, the number "3" is replaced by "2".
64th in § 51 the following paragraph 5 is added:
"(5) a visa shall be deemed granted his showing .. "
65th In § 52 at the end of paragraph 1 is replaced by a comma and
letter c), which reads:
" c) required that the application for visa was made at the diplomatic
office in the state of which the foreign citizen or which issued the travel document
which the foreigner is the holder or in the State in which the foreigner
granted permanent or long stay. ".
66th In § 56 par. 1, the text '§ 32 par. 2 "is replaced by" § 33 para. 1
".
67th In § 56 par. 1 after letter e) the following new paragraph f), which reads:
', F) the application for a visa for over 90 days for the purpose of employment shall only
number of the application for a permit to
employment and for which the labor office for such a permit, and office work
this authorization shall not issue ".
Existing letters f) and g) shall be designated as letters g) and h).
68th In § 56 par. 1 at the end of subparagraph g), the word "or" shall be deleted in point
h) at the end of the period is replaced by a comma and letters i)
etc.), as follows:
"I) before a visa does not submit proof of travel health insurance
during their stay in the territory, unless the cases referred to in § 6
paragraph. 9, or
j) stay of the alien is not the foreign policy interests of the Czech Republic
out or other serious obstacle to foreigners staying on the
territory. ".
69th In § 56 par. 2, the text "§ 32 par. 2" is replaced by "§ 33 para. 1
".
70th In § 57 at the end of paragraph 2 the sentence "If a foreigner before
a visa does not submit proof of travel health insurance and
visa for that reason has not been granted, embassy this
shall notify the police; it does not apply in the case of the cases referred to in § 6
paragraph. 9. ".
71st In § 60, paragraph 7, which reads:
"(7) If the application for a visa for over 90 days for the purpose
tolerated stay pursuant to § 33 para. 1 point. E) has not been decided
period of validity of residence permit for foreigners territory is considered
his further stay in the territory of the stay on this visa until
decision on the request. ".
72nd In § 62 paragraph. 2, after the words "residence permit", the words "
term residence permit for the purpose of family reunification".
73rd In § 65 par. 1 letter a), including footnote no. 11
repealed.
Existing letters b) to d) is renumbered a) to c).
74th In § 65 par. 1 letter a) reads:
"A) that the issuance of the permit is applied for humanitarian or other reasons
worthy of special consideration, especially
first if the refugee's spouse and marriage arose before
asylum seeker to territories
second when the minor child refugee or a child who is dependent on the asylum seeker
care if requests for asylum, or
third if it was in the past a Czech citizen Republic ".
75th In § 69 par. 2 point. a) paragraphs 1 and 2 shall be repealed.
Existing points 3-5 are renumbered 1 to 3
76th In § 69 par. 2 point. a) point 3, the words "point. c)" is replaced by
"point. b)".
77th In § 69 par. 2 point. b) 1, the words "point. b)" is replaced by
"point. a)."
78th In § 69a paragraph. 1 point. b) after the word "State" the words "or
if a stateless person, not in the last place of residence
State".
79th In § 69a after paragraph 1 new paragraphs 2 and 3 are added:
"(2) An application for a residence permit may be filed by the Ministry of
foreign minor or adult dependent foreigner who is a child
foreigners under paragraph 1 and which satisfies the condition under paragraph 1
point. B ).
(3) If the Ministry rejects the application referred to in paragraph 1, and simultaneously reject
request pursuant to paragraph 2 ".
Paragraphs 2 to 4 shall be renumbered as paragraphs 4 to 6
80th In § 69a paragraph. 5, after the words "paragraph 1" the words "or
2".
81st In § 69b para. 1, after the word "stay" the words "issued by
§ 69a".
82nd In § 70 para. 1 at the end of the text in subparagraph d) the words ";
It does not apply in the case of an alien who has been entrusted into foster care
decision of the competent authority (§ 87) and has reached the age of 18 ".
83rd In § 70 at the end of paragraph 1 is replaced by a comma and a letter
g), added:
"G) the consent of a parent or other legal representative or guardian
child's residence on the territory unless the cohabitation of a family with
that parent or legal guardian.".
84th In § 77, the words "enforceable" are replaced by "
becomes final."
85th In § 78 para. 1 point. a) the words "according to § 70 para. 1 point. a), b)
c), e) and f)" is replaced by "pursuant to § 70 para. 1 point. a), b), c) ,
e), f) or g). "
86th In § 78 para. 1, after letter a) the following new paragraph b), which reads:
"B) in the case of a polygamous marriage bearer permission to merge
families already in the territory of another wife resides."
Existing letters b) to e) shall become letters c) to f).
87th In § 80 paragraph. 2 at the end of the text of letter a) the words "or
was found that could threaten the security of the Czech Republic."
88th In § 80 paragraph. 2 point. b) the text "point. b) or c)" is replaced by
"point. a) or b)."
89th In § 80 paragraph. 2 point. d) the words "legal representative that"
replaced by "issued by whomsoever".
90th In § 80 paragraph. 2 letter g) shall be deleted.
Current letters h) and i) are designated as letters g) and h).
91st In § 80 par. 2 letter h) reads:
"H) other State of the European Union or a Contracting State applying a joint
procedure concerning expulsion has decided on expulsion of foreigners from their territory
^ 9) because of the conviction stranger to imprisonment of at least 1
year or for reasonable suspicion that he has committed serious criminal activity or
such activity prepares the territory of any State
European Union or a Contracting State implementing a common procedure in the case
expulsions, and for reasons of infringement
the entry and residence of foreigners on their territory. "
92nd In § 82 at the end of paragraph 3 the sentence "Foreigners according to § 87 paragraph
. 5 is a certificate of residence permits issued with a validity of up to 3
years.".
93rd In § 87 para. 6 point. a) Section 4, the words "point. b)" is replaced by
"point. a)."
94th In § 87a. 2 point. d) the words "for a period of stay not ask for
granting of welfare benefits under a special law; ^ 13)"
replaced by "have the funds in an amount not to become
unjustified burden on the social security system care of the Czech Republic ^ 12). "
Footnote. 12 reads:
'12) Council Directive 90/364 / EEC of 28 June 1990 on the right of residence.
Council Directive 90/365 / EEC of 28 June 1990 on the right of residence
employees and self- employed after
their work.
Council Directive 93/96 / EEC of 29 October 1993 on the right of residence for students
. ".
Footnote. 13 is deleted.
95th In § 87a. 4, second sentence, the words "member of the family, and"
words "case of a foreigner under § 15a paragraph. 1 point. D) too."
96th In § 87a. 4, the third sentence shall be deleted.
97th In § 87h paragraph. 1 at the end of the text of letter e) the words "
case of a family member who is not a citizen of the European Union ^ 1)."
98th In § 87j paragraph. 1, letter c), including footnote no. 13e reads:
"C) the holder of this permit has become unjustified burden on the social welfare system
Czech Republic (§ 106 para. 3), with the exception of persons
covered directly applicable European legislation
Community ^ 13e), or
13e) Council Regulation (EEC) no. 1612/68 of 15 October 1968 on freedom
movement for workers within the Community. ".
The current footnote. 13e is referred to as a footnote
no. 13f including reference.
99th In § 89 para. 1 point. c) the words "evidence of" the word
"travel".
100th § 99 reads:
"
§ 99 (1) Landlord for the purposes of this Act any person who provides accommodation for paying
.
(2) the accommodation for the purposes of this Act, a relationship
based agreement on accommodation, lease contract, sub-contract or contract
with similar content. ".
One hundred and first In § 100 after the letter c) the following point d) shall be added:
"D) ensure that foreigners accommodation which is manifestly unreasonable level
accommodation provided by the Landlord in other similar objects
destination in the village, district, or region. Adequacy is assessed by comparing
particularly hygienic conditions and number persons. ".
Existing letters d) and e) shall be designated as letters e) and f).
102nd In § 103 point. k) the words "administrative expulsion"
words "or for the purpose of extradition under an international treaty."
103rd In § 103 letter r) reads:
"R) demonstrated at a residence check that it is secured reimbursement
health care; it does not apply in the case of a foreigner residing on the territory of the Czech Republic
interest or foreign, in which the embassy dropped || | from presenting proof of travel health insurance. ".
104th In § 105, paragraph 1 reads:
"(1) The court, which finally decided
a) condemnation of foreigners
b) of deprivation or restriction of foreigners legal capacity
c) the declaration of deaths of foreigners, or
d) of divorce or nullity of marriage in cases where a party
management is a foreigner
inform the police department according to the place
registered residence of foreigners in the case of doubt when determining the appropriate
police department informs the court by the police department headquarters
court. ".
105th In § 106 para. 1, letter d) be deleted.
106th In § 106 at the end of the text of paragraph 1, the words "and
are obliged to immediately send the police a copy of the award decision
granting, renewal, non-renewal or withdrawal of authorization to
job."
107th In § 106 para. 3, the words "claim for an allowance
social care ^ 13) applied for by a foreigner referred to in § 87a" shall be
words "the stranger said in § 87a become an unjustified burden | || welfare system of the Czech Republic ^ 12). "
108th In § 113 at the end of paragraph 1 is replaced by a comma and
point c), which reads:
"C) an alien on temporary protection under a special legal regulation
^ 3), who does not hold a travel document.".
109s. In § 113 at the end of the text of paragraph 2, the words ";
aliens granted temporary protection issued by the Police alien's passport with the times
Of the corresponding validity
alien on temporary protection under special legal regulation 3a). "
110th in § 113 at the end of the text of paragraph 3, the words";
period of validity of the alien's passport pursuant to paragraph 1. c)
may be repeatedly extended for a period corresponding to the validity of an alien
temporary protection under special legal regulation 3a). "
111th in § 113, paragraph 4 reads:
|| | "(4) An alien younger than 15 years of police will issue an alien's passport with a validity period
2 years. Foreigners under 15 years was granted temporary protection
police issued an alien's passport with a validity period corresponding
validity of an alien on temporary protection
under special legal regulation 3a). Validity of an alien's passport issued by foreigners
younger than 15 years will not be extended. ".
112th in § 113 at the end of the text of paragraph 5, the words" or
removing or dissolution of a residence permit for the purpose of temporary
protection in the territory under a special legal regulation 3a). "
113th in § 114 paragraph. 1 point. b) the text '§ 32 par. 2 point. a) "is replaced by the text
'§ 33 para. 1 point. a), c) or d), "and the words" under § 43, "the
words" eventually was granted a visa for over 90 days for
leave to remain in the territory under a special legal regulation 2 ). "
114. In § 114 paragraph. 3 point. e) the words" § 32 par. 2 "is replaced by
'§ 33 para. 1".
115. In § 114 paragraph. 4, after the word "decided" the words "or was terminated
protection in the territory under a special legal regulation
^ 2) ^ 3)."
116 . in § 118 paragraph. 1, the second sentence is replaced by the phrase "the time you
not allow foreigners to enter the territory determined by the police in
decision on administrative expulsion.".
117th V § 118. 2 first sentence, the words "special Act 2)"
words "or stay until the decision of the Ministry of
grant permission to stay to provide temporary protection in the territory
^ 3 ) or the court's action on temporary protection. "
118th in § 119 of the introductory part of paragraph 1 and § 120
introductory part of paragraph 1, the word" force "is replaced by" after || | which the alien is not permitted to enter the territory. "
119th In § 119 para. 1 point. a) point 2 the words "public order"
words "or endanger public health that suffers from a serious illness
".
120th In § 119 para. 2, "which is residing on the basis
temporary residence permit or visa for over 90 days," are deleted.
121st In § 119, after paragraph 2 the following paragraph 3 is added:
"(3) A decision on administrative expulsion of a foreigner who is residing on the basis
term residence permit for the purpose of cohabitation
families may be granted only if it endangers national security or serious
disturbs public order or threatens public health
that suffers from a serious illness, and in view of the seriousness of his conduct sufficient
invalidate this authorization.
decision on administrative expulsion under the first sentence on grounds of public || | health but can not be issued in case of an illness stranger to takeover
term residence permit for the purpose of family reunification. ".
The former paragraphs 3 to 5 shall be renumbered 4 to 6
122nd In § 119 at the end of the text of paragraph 4, the words "or if
under a special law ^ 2) an action against the Ministry
on asylum have suspensive effect".
123rd In § 119, after paragraph 5 the following paragraph 6 is added:
"(6) A decision on administrative expulsion pursuant to paragraph 1. B) paragraphs 6 and 7
shall not be issued if the foreigner applying for protective asylum by
special legal regulation 2) comes directly from the territory State
where his life or freedom at risk, and to enter the territory or staying without permission and
himself without delay logs police or the Ministry and
proves serious cause for their illegal entry or residence. ".
Existing paragraph 6 shall be renumbered seventh
124th Under § 120, the following new § 120a, which reads:
"§ 120a
(1) Police in the decision on administrative expulsion under § 119 and 120
will also determine whether the alien applies obstacle to leave (§ 179
).
(2) If the reason for which the foreigner was granted pursuant to paragraph 1
Obstacle to leave, the police will issue a decision on that obstacle
departure disappeared.
(3) the entry into force of the decision referred to in paragraph 2 shall cease force
visa for over 90 days for leave to remain in the territory, which was granted
foreigners prevented from traveling; Police foreigners granted
exit order and specify the period within which it is obliged to leave the territory
.
(4) The decision on administrative expulsion expires if the impediment
departure takes over
A) equal to the time specified in the decision on administrative expulsion for foreigners
restrictions on entry to the territory, if it is a decision in accordance with § 119 para. 1
point. a) or b) or § 120 para. 1 point. a) or b)
B) equal to one and a half times specified in the decision on administrative expulsion
to restrict entry of foreigners in the territory, if it is a decision
according to § 119 para. 1 point. c) or § 120 para. 1 point. C).
It begins on the effective date of the decision on administrative expulsion
.. "
125th in § 122 paragraph. 1 and 2, the words" the decision on administrative expulsion
"are replaced the words ", after which can not by
decision on administrative expulsion of foreigners allowed to enter the territory."
126th in § 122 paragraph. 5, the words "the validity of decisions" shall
words " after which the alien is not permitted to enter the territory. "
127th § 123 including the title and footnote no. 16a reads:
" § 123
Reimbursement of costs associated with administrative expulsion
(1) Expenses related to administrative expulsion shall be paid from the security deposit.
(2) If you can not pay the costs of security, pay, even if only partially, of funds
foreigners to be deported on the basis
decision on administrative expulsion.
(3) If you can not pay the costs of security or of cash
foreigners, is fully paid or the remaining part of the person who committed the
that the invitation certified by the Police.
(4) If you can not pay the costs of the preceding paragraphs, are obliged
pay these costs in full or remaining part gradually
A) the person who hired foreigners without a work permit,
B) whoever employment without a work permit negotiates
C) the carrier has not fulfilled an obligation under § 104.
(5) Where no costs associated with administrative expulsion paid pursuant to the preceding paragraphs
bears these costs
A) police, in the case of an alien detained under a special legal regulation
^ 16)
B) ministry in other cases.
(6) The costs associated with administrative expulsion
include the cost of accommodation and meals, transportation costs and other necessary financial
costs.
(7) If the costs associated with administrative expulsion of foreigners settled
security or cash foreigner determined by the police or the Ministry
deciding who and what amount is required, these costs or their
part of the pay. The decision becomes final delivery or
such refusal.
16a) § 15 of Act no. 283/1991 Coll., On the Police of the Czech Republic, as amended
Act no. 326/1999 Coll. ".
128th in § 124 paragraph. 1 after the word "foreigner" the words "
over 15 years."
129th in § 124, after paragraph 2 the following paragraph 3 is added:
"(3) If the detained unaccompanied minor foreigner (§ 180c)
the police guardian. Police to appoint a guardian
unaccompanied minor immediately inform and instruct him on
tasks of a guardian. ".
Existing paragraph 3 shall be renumbered 4.
130th in § 124 paragraph. 4, after the word "foreigner" the words "or
guardian on behalf of detained unaccompanied minor."
131st in § 125 at the end of paragraph 1 the sentence "In the case of a foreigner || | younger than 18 years must exceed the detention period to 90 days. ".
132nd in § 125 paragraph. 2, the words' residing in the territory" the words ";
If detained unaccompanied minor alien, inform the police
authority for social and legal protection of children "and the words" if a foreigner "
the words" or guardian of a minor behalf of the detained foreigners without
minors ".
133rd § 129 including the title and footnote no. 17a reads:
" § 129
Ensuring foreigners for the purpose of transfer or transit
(1) The Police shall for a period necessary foreigner who illegally
entered or resided in the territory for the purpose of transmission under
International treaty or a directly applicable regulation
European Communities ^ 17); Police for the necessary time and ensure
transited foreigners in the event that his transit is not due to objective reasons
complete without required breaks.
(2) Hedges police immediately make a record containing information about the identity
detained foreigner, date, time and place and ensuring reason
transfer or transit.
(3) In cases where the handover of the foreigner or the completion of its transit
not take place within 48 hours, in the case of transit by air
under § 152, within 72 hours, the police will issue a decision his
ensure a foreigner is placed in the device. The decision comes into force
delivery or refusing to take foreigners decision.
The detention period may not exceed 180 days counting from the moment of detention.
(4) The police are obliged to act so that the foreigner has passed or foreigners
transit area is completed as soon as possible after the date of
collateral.
17a) Council Regulation (EC) no. 343/2003 of 18 February 2003
criteria and mechanisms for determining the Member State responsible for examining
application for asylum submitted by a national of a third country
one of the Member States. ".
134th title XII, including the title and footnotes nos. 18, 19 and 19a reads:
'tITLE XII
EQUIPMENT
§ 130
(1) The decision on the detention of a foreigner is usually carried out in the facility.
(2) Equipment operated by the Department, through its established
state organization (hereinafter "operator").
(3) The equipment is divided into the moderate regime of security (hereinafter "the part
moderate regime") and a section with a strict detention regime (hereinafter "the part of
strict regime").
(4) The Police immediately after the decision comes into force to ensure
transport the detained foreign national to a designated operator.
§ 131
Operator familiar detained foreigners when they enter a facility,
or immediately thereafter, the rights and obligations that apply to
foreigner's stay in the facility, and the internal rules of the facility. Familiarization
done in the mother tongue or a foreigner in a language which is alien
able to communicate.
§ 132
(1) Part moderate regime constitutes an accommodation room, common social and cultural
facilities and more space in which they can ensure
foreigners move freely determined by the internal rules of the facility.
(2) the strict regime is separated from the moderate regime and
consists accommodation room and space designated for walks.
§ 133
(1) The accommodation room in the section with a lenient regime is furnished with beds,
lockers for storing personal belongings, a table and chairs in the number corresponding to the number
accommodated foreigners.
(2) The accommodation room in the strict regime is furnished with beds,
table and chairs in the number corresponding to the number of accommodated foreigners
sanitary facilities separated from the remaining space opaque curtain
and signaling (calling) device . This room is
lockable from the outside only.
§ 134
(1) The operator of a detainee under the conditions laid down in this Act
A) provide a bed, chair, closet for personal belongings, food and
toilatries,
B) to receive and send written communications, without limitation,
C) allows to receive visitors,
D) allows to order books, newspapers and magazines, including foreign
if they are distributed in the Czech Republic
E) to submit their request, complaint or other stimulus state authorities
Czech Republic or international organizations in order to assert his rights and those
immediately sends
F) upon his request, provide without delay an interview with the head
equipment or his deputy, or with police in equipment
G) allows continuous eight-hour sleep at night time,
H) allowing free movement within the section with a lenient regime and contact with other
foreigners placed in this section.
(2) The operator must ensure the medical examination of detained foreigners, another
necessary diagnostic and laboratory examinations and vaccinations and preventive measures provided
public health authorities.
(3) The operator of a detainee placed in the strict regime allows
within designated space walk lasting at least 1
hours a day. Leading device can stroll serious reason to limit or cancel
. The reduction or cancellation of a walk writes without undue delay
record.
(4) A detainee may provide psychological and social
services and other services and items required to ensure
foreigners staying in the facility.
§ 135
(1) Police detained foreigners is placed on a proposal from the operator or the
own knowledge to the strict regime if
A) is aggressive or requires increased supervision for other serious reasons,
B) repeatedly and seriously violates the Internal Rules, or
C) repeatedly and seriously breaches an obligation or prohibition under this Act
.
(2) Secured foreigner under 18 years can be added to the strict regime
place only due under paragraph 1. ) or c).
(3) Within the strict regime can place a foreigner for the time necessary,
but no longer than 30 days. Police during the placement of a detained foreigner
in the strict regime of examining the reasons for this location.
If a foreigner at the time of the first sentence, commit the act referred to in paragraph 1
or lasts reason for increased supervision, time placement in this section
extended by 30 days, otherwise the foreigners immediately placed in an area with mild || | regime.
(4) Police writes about the placement of a detained foreigner in a strict regime
immediately record and it will give details of the reasons for this
location.
§ 136
(1) A detained alien is obliged
A) comply with the Internal Rules,
B) conserve assets device
C) follow the instructions of police or operator issued in the tasks
in connection with ensuring
D) Avoid any actions that would frustrate the purpose of ensuring
E) submit to restrictions on their rights, notably the right to privacy and freedom of movement and residence
, to the extent necessary to achieve the purpose of securing or
to protect public health,
F) respect the night.
(2) A detained alien is also obliged to tolerate initial, periodic and exit
, and if necessary, emergency medical
explore the extent determined by a physician, including necessary diagnostic and laboratory examinations and
vaccinations and preventive measures
set by public health authorities. If you can not act for resistance
detained foreigners perform, the police are authorized to overcome this resistance.
While not defending a detainee cause harm
manifestly disproportionate to the gravity of the infringement.
(3) A detained foreigner for the location of the device must
A) bring, produce, to possess or consume alcohol and other addictive substances
,
B) bring, produce or keep things capable of serious injury or
human life or damage property,
C) bring in or keep things that their quantity and nature
might disturb order or harm the health,
D) leave the facility without permission from the police.
§ 137
(1) The police are entitled to when placing a detained foreigner in the device
carry out his personal search and a search of their belongings in order to determine whether
carry no passport, cash or thing whose introduction
to, manufacturing or storing the device is prohibited.
(2) Police may carry out a personal search and a search of things
detained foreigners also in case of reasonable suspicion that the
foreigner may carry a travel document or thing whose incorporation into
, manufacturing or keep the equipment is prohibited.
(3) Personal inspection performed by a person of the same sex. The design
tours police make a record.
(4) Police passport, cash and items whose introduction into
, manufacturing or storing the device is disabled
found during a personal inspection, inspection of goods or otherwise,
detain them.
(5) Police detained the case before, with the exception of travel documents, weapons
under a special legal regulation 18), and things ^ 19), whose possession is
contrary to the laws of the Czech Republic, along with a list
these things for safekeeping operators.
§ 138
(1) The operator shall issue the Internal Rules, which provides
A) the timetable for the provision of health, psychological and social care
B) the timetable for provision of food,
C) the timetable and the range of cultural and sports activities,
D) address the cultural needs and sports,
E) the timing of dispensing toiletries, shoes, clothes and underwear,
F) regime visits
G) space set aside for walks and outings timetable for
strict detention regime,
H) area, which is accessible to foreigners without a police escort or
facility worker banned
I) the method of implementation of compulsory education,
J) other necessary organizational and technical details.
(2) In the internal rules of the facility in which they reside with parents and children
unaccompanied minors, the operator shall also offer
cultural, sports and other activities for various age categories
.
(3) Internal Rules are published in Czech, English,
French, German, Russian, Spanish, Chinese, Arabic, Vietnamese
, Hindu, or in another language, if it is for | || necessary information to detained foreigners.
(4) Internal Regulations of the device is positioned so that it is accessible to everyone
detained foreigners.
§ 139
Distribution of families within the device is possible if the location of one
family member in the strict regime.
§ 140
(1) The operator is entitled to stay in a moderate regime of foreigners
to which it has detained foreigner maintenance obligation or it has
care, can not ensure care for him in another way (hereinafter "accommodated
foreigner "). Resident foreigners will provide meals and other services like
detainee. If the Resident alien
able to realize the limitations associated with the stay in the facility, takes into account the expression of his will.
(2) Resident alien can leave the facility if it has access to treatment
another way. If it is a minor or a person deprived of legal capacity
can leave the facility only with the written consent
guardian.
(3) Resident alien is obliged to observe the internal rules of the facility.
§ 141
(1) In determining the accommodation areas, the operator depending on availability
account the religious, ethnic or national particularities,
kinship and family relationships, age or state of health.
(2) Separately placed
A) unaccompanied minors from adult foreigners,
B) men from women; exception can be made if people close ^ 14).
(3) An alien younger than 18 years or an alien deprived of legal capacity
is placed along with a close person or a person who has been
entrusted to his care.
§ 142
(1) A foreigner is placed in a facility that is subject to compulsory schooling
by special Act 19a)
obliged to enable the fulfillment of this obligation.
(2) An alien may leave the facility for the purpose of compulsory school attendance
unless secured in the device, and to other activities
supporting the development of his personality. In justified cases
provides transportation facility operator.
(3) The operator paid by foreigners placed in a facility that performs
compulsory school attendance, textbooks and school supplies unless
financed by the government and is not able to pay this way.
§ 143
(1) The detainee shall be provided adequate diet
principles of good nutrition and health status of foreigners three times a day, in case
children under 18 years five times a day.
(2) When choosing a diet as possible into account the requirements
cultural and religious traditions of detained foreigners.
§ 144
(1) A detained foreigner has the right to receive a visit once a week
duration of one hour and up to 4 people simultaneously present.
In justified cases, the facility manager or his representative, after
agreement with the police, allow a visit in less than a week and
longer duration; where permitted by the capacity of the rooms intended for
receiving visitors, can be increased and the number of people.
(2) The visits take place in rooms designed for this purpose.
(3) A detained foreigner has the right to receive the device without restrictions visits
people, providing them with legal assistance.
(4) Visit to detained foreigners placed in strict mode
takes place in the presence of police.
§ 145
(1) A detained alien may be once a week, a package with
food, books and personal items weighing up to 5 kg.
Restriction does not apply to packages containing clothing sent for the purpose of replacement.
(2) The Police are authorized to check packages. Police
a detained foreigner does not pass things from introduction to, manufacturing or possession
device is prohibited and will take their inventory.
Things mCalling detainee Police forwards, with the exception of things ^ 19)
whose holding is contrary to the laws of the Czech Republic,
operator who sends it back to the sender at his expense.
(3) A detained foreigner can receive unlimited money to him
equipment to be sent or forwarded by other means;
funds are obliged to deposit the operator. The operator of the foreigner's request
may take into custody other things, especially valuables and documents.
Operator takes an inventory of cash and goods and ensure their safe storage
.
(4) The operator shall ensure that in the course of a detainee at the request
deposited funds or part of them, however, the maximum
amount of CZK 12 per day of stay in the facility. Released amount recorded in the inventory
deposited funds; Alien
written confirmation of their acceptance.
§ 146
(1) The Ministry is authorized to use concealed cash
detained foreigners are in Czech or any other freely convertible currency, the
payment, even partial, of expenses related to his stay at the facility and the | || administrative expulsion.
(2) The Ministry will issue a document about a detainee cash
means used pursuant to paragraph 1
§ 147
(1) The Ministry when released from the facility issues a detainee
money and other things that have been detained or taken into custody, with the exception
things whose possession is contrary to the laws of the Czech Republic
and the money that was during a stay in the facility foreigners
paid in cash or have been employed by the Ministry under § 146.
funds in non-convertible currency hedged
foreigners issue in full.
(2) Police at discharge from the facility issues the foreigners detained
travel document; if the alien after being released from the facility is escorted to the border crossing
due to administrative deportation or extradition under an international treaty
, issue him a travel document to the police at the border crossing.
There is a danger that the alien travel document destroyed or
rid of him, so therefore prevent administrative deportation or transfer
by an international treaty, the police passport carriers or body
State on whose foreigners territory by international treaty or returns
passes.
§ 148
(1) Compliance with the provisions of this Title in relation to foreigners
detained in the facility implemented by the Department.
Supervisory jurisdiction under special legislation is not affected.
(2) complaint for violation of the provisions of this Title foreigner submits
Ministry. The Ministry shall process the complaint within 30 days of its receipt
. The way the complaint, the complainant must be notified.
Against the way of settling the complaint may be submitted to the Minister of the Interior
proposal for its review.
§ 149
The control of detention carried out by an authority other than the Ministry
need to inform operators and police equipment. ".
18) Act no. 119/2002 Coll., On firearms and ammunition and change
Act no. 156/2000 Coll., on verification of firearms, ammunition and
pyrotechnic objects and amending Act no. 288/1995 Coll., on firearms
arms and ammunition (the firearms Act) as amended by Act no.
13/1998 Coll., and Act no. 368/1992 Coll., on administrative fees, as amended
amended, and Act no. 455/1991 Coll., on Trades || | (Trade Act), as amended (the Act on Weapons
), as amended.
19) § 1 par. 2 and 3 of law no. 37/1989 Coll. on protection against alcoholism and other addictions
.
Act no. 167/1998 Coll., on addictive substances and amending certain other
acts, as amended.
19a) § 36 par. 2 of Act no. 561/2004 Coll., On preschool, elementary,
secondary, vocational and other education (Education Act). ".
135th § 152 and 153, including footnote no. 20 added:
"§ 152
(1) The transport of foreigners across the territory for the purposes of this Act
entry and stay of a foreigner's departure from the territory carried out by police
independently of the will of the foreigner; in the case of transit, run by
air route with a stopover in the territory ^ 20) (hereinafter referred to as "air transit route
") refers to such transit entry and stay of foreigners in the transit
an international airport in the territory and
departure of foreigners from the international airport transit area carried out by police
independently of the will of foreigners.
(2) The Police performs transit of foreigners through territory under international
contract or at the request of the competent authority of the Member State
European Union or another State which applies a joint approach ^ 20)
case transit by air.
(3) The Police may refuse execution of transit, if the reason given by
international treaty, or in the case of transit by air if
A) the alien is in the territory charged with a crime or is wanted for the
prison,
B) transit through other States or admission by the country of destination is not feasible
C) the transit of foreigners into the country of destination requires a change of airport on the territory
D) the requested assistance is impossible at a particular moment for practical reasons, or
E) the alien might endanger state security, public order, protection of public health or
similar interest protected on the basis of a commitment
arising from international agreements.
(4) Police may ask for collateral
transit the territory of another State under an international treaty. If required by the handover of the foreigner
by air to the country of destination landing on the territory of another Member State
European Union or another State which applies a common procedure
^ 20), in the case of transit by air, the police are authorized
ask the competent authority to ensure transit stopover on
territory.
§ 153
(1) Police prováženému aliens throughout transit
restrict personal liberty and freedom of movement. In the case of transit by air, police
provide oversight for the stranger stops, and if necessary escort
performs activities in connection with the transited
foreigners in the transit area of international airports and restrict personal freedom and || | freedom of movement of foreigners until his boarding at
departure. In the case of transit by air must not be accompanied by a foreigner
leave the transit area of an international airport; this does not apply if
necessary for the reasons set out in paragraph 5 or § 129 par. 3rd
(2) Police after taking transited foreigner takes into custody
his passport.
(3) An alien is obliged to tolerate personal search conducted by the police
aims to determine whether carrying no weapon or any other thing that is
could endanger the life or health of the alien or others;
personal tour of foreigners carried out by a person of the same sex.
(4) Prováženému foreigners providing police meals, usually every 6 hours
restrictions on his freedom.
(5) If a foreigner accompanied sick, hurt your health or
suicide attempt, the police shall take necessary measures to
protect his life and health, in particular, provide first aid, ensure the provision of health
care, including doctor's opinion on whether a health condition allows foreigners
completion of transit transited foreigners.
(6) Payment of health care provided prováženému provides foreigners
ministry.
20) Council Directive 2003/110 / EC of 25 November 2003 on assistance in
transit for the purposes of removal by air. ".
136th § 156 to 157b including the title and footnotes fn. 21, 21a, 21b and 22
added:
"§ 156
(1) Carrier commits an administrative offense by
A) transport on the territory foreigners without travel documents,
B) transports on the territory of a foreigner without a visa, although the law requires a visa,
C) fails to comply with the obligation to deliver the alien back abroad under § 104
paragraph. 1 and 2, or
D) fails to comply with the obligation to bear the costs associated with the stay of foreigners in accordance with § 104, paragraph
. 5th
(2) A legal or natural person as landlord
commits an administrative offense by
A) to allow police access to the places where the foreigner may linger
B) does not house a book in accordance with the requirements established by law (§
101)
C) fails to request the police to control the domestic book
D) fails to notify the police of accommodation alien or fails to do so within the prescribed period
,
E) issued foreigners to request confirmation of accommodation,
F) notifies the police deaths foreigner or
G) provides an alien with accommodation at a significantly lower quality than
specified in § 100 point. d).
(3) For an administrative offense under paragraph 1 shall be fined up to CZK 200 000 per
any foreigner for an administrative offense under paragraph 2 fine of up to CZK 50,000
.
§ 157
(1) The alien has committed an offense that
A) crosses the state border outside border crossing
B) misuses a travel document (§ 108) issued to aliens or abuses
travel document issued by a special legal regulation 21)
C) avoids residence or perform border control
D) carry or have carried out unauthorized changes in documents
admission to the territory or in the documents issued pursuant to this Act
,
E) the duration of the detention, and leave without permission from the police equipment
F) submits false documents or documents issued to another person,
G) at a residence or border control when traveling proves
passport which is invalid because under § 116 point. a), b)
c) or d)
H) willfully destroys or damages a document issued under this Act,
I) comply with the obligation to surrender without delay
document issued under this Act that is invalid or cluttered official records
J) does not report the loss, destruction, damage or theft
issued under this Act within 3 working days from the date when it detects
K) fails to report immediately to the police lost or stolen passport
specified in § 108 paragraph. 1 point. a), b) or c)
L) on the territory without a passport, although not entitled to do,
M) is in the territory after the expiration of their visa or residence
stated in the visa or without a visa, although the fact is not entitled
N) illegally used to cross the border at the border crossing
other than the fixed opening hours or contrary to the purpose of the border crossing,
O) requests an extension of the validity of a residence permit in
statutory deadline,
P) as the legal representative of an alien under 15 years
requested the issue of a certificate of residence permits that foreigners
Q) as the legitimate representative fails to file within the statutory deadline for foreigners
born in the visa application, to grant a residence permit or
special residence permit (§ 88 para. 2 and 3) || |
R) state in proceedings under this Act, false or incomplete data,
S) fails to comply with the obligation to report their place of residence on the territory or its amendment,
T) fails Landlord passport or a document issued by
this Act or personally not fill and sign the registration form,
U) fail to report a change of surname, marital status, change of data in the travel
document or document issued under this Act within a period of 3
working days
V) comply with the obligation to prove identity under this Act,
W) does not stay in control of the ability to pay the costs of health care
or
X) at the border or residence examination proves the subject of the documentary
nature as a passport, although not on such a document.
(2) An offense under subsection 1. a) to e) may be fined up
CZK 10 000, for the offense pursuant to paragraph 1. f) to n) a fine up to CZK 5,000
and for the offense under paragraph 1. o) to x) fine of up to CZK 3,000. In
block management can be fined up to CZK 3,000.
§ 157a
(1) A person who commits an offense that
A) surrenders to the police immediately found or otherwise acquired
travel document or a document issued under this Act,
B) provides false information in the document of securing accommodation aliens or
C) fails to notify the police immediately withdraw from the commitment under § 15.
(2) A natural person commits an offense as a landlord that
A) to allow police access to the places where the foreigner may linger
B) does not house a book in accordance with the requirements established by law (§
101)
C) fails to request the police to control the domestic book
D) fails to notify the police of accommodation alien or fails to do so within the prescribed period
,
E) issued foreigners to request confirmation of accommodation,
F) notifies the police deaths accommodated foreigners or
G) provides an alien with accommodation at a significantly lower quality than
specified in § 100 point. d).
(3) for an offense under paragraph 1 may be fined up to CZK 5,000. In
block management can be fined up to CZK 3,000.
(4) An offense under Subsection 2 can be fined up to CZK 50 000. In
block management can be fined up to CZK 5,000.
§ 157b
Common provisions
(1) A legal person for an administrative delict if it proves that
made every effort that could be required to breach
legal obligations prevented.
(2) In assessing the fine legal person takes into account the seriousness
administrative offense, especially the manner of its commission and its consequences
and the circumstances under which it was committed.
(3) The liability of a legal person for an administrative tort shall expire if
administrative authority did not commence proceedings within one year, when it learned,
later than 3 years from the date on which it was committed.
(4) Administrative offenses under this Act are handled by the police (§
161).
(5) The liability for conduct that occurred in the business of a natural person
^ 21) or in direct connection therewith, the provisions
this Act on liability and sanctions to legal persons.
(6) Administrative offenses under § 156 paragraph. 2 can be dealt with by imposing a fine on
block proceedings if the administrative offense reliably detected and
landlord is willing to pay the fine on the spot.
(7) spot proceedings on an administrative offense can be fined up to CZK 5,000.
(8) The imposition of the fines and police uses blocks to impose fines
(hereinafter "penalty unit") used in the administrative hearing on misdemeanors
^ 21b). Police block penalty on who, when and under what obligations
violation fine was imposed. The penalty ticket
as a receipt for payment of the fine in cash.
(9) against the imposition of fines in the proceedings can not be appealed.
(10) Fines collected by the police authorities and enforced locally relevant territorial
financial authorities. Revenue from fines is the income of the state budget.
(11) The collection and enforcement of fines shall proceed in accordance
special legal regulation 22).
21) Act no. 329/1999 Coll., On travel documents and amending Act no.
283/1991 Coll., On the Police of the Czech Republic, as amended,
(Travel Documents Act) , as amended.
21a) § 2 para. 2 of the Commercial Code.
21b) Act no. 200/1990 Coll., On misdemeanors, as amended
regulations.
22) Act no. 337/1992 Coll., On administration of taxes and fees, as amended
.. "
137th in § 158 at the end of paragraph 1 is replaced by a comma and
adds the letter k), which reads:
"k) data on foreigners associated with their transit through the territory.".
138th in § 158 paragraph 5 reads: || |
"(5) the Ministry of foreign Affairs leads in their scope of information system
A) data in the scope of the visa application, an application for a permit to
long-term or temporary residence
B) issued travel documents and visas granted,
C) licenses issued for a residence permit, certificates of residence permits for
national of a Member State of the European Community and
extension of their validity. ".
139th in § 158 the following paragraph 6 is added:
"(6) the Ministry of foreign Affairs is authorized to use information
system containing data on foreigners included in the register of undesirable persons
to the extent specified in paragraph 1. g) and j). ".
140th in § 159, the following paragraph 5 is added:
" (5) The Police shall transmit data from information systems maintained pursuant to § 158
extent determined by the agreement concluded by the European Communities
competent authorities of a State which is not a Member State of the European Union
if this agreement binding the Czech Republic. Police also passes
data from information systems maintained pursuant to § 158 of the embassy
state whose citizen is a foreigner, to the extent necessary for issuing emergency travel document
.. "
141st In § 163 at the end of the text in subparagraph d) the words "or
transit by air".
142nd In § 163 Point d) a new point e), added:
"E) a request for authorization of transit by air
a competent authority of a Member State of the European Union or another state which claims
common procedure ^ 20), in the case of transit by air, handles requests || | to permit transit by air ".
Existing letters e) to l) are renumbered f) to m).
143rd In § 163 point. g) the following point 3 is added:
"Third decide on the dissolution obstacle to travel under § 120a. 2".
144th In § 163 at the end of subparagraph m) is replaced by a comma and a letter
n), which reads:
"N) examines whether the alien has not entered into marriage in order to get permission to stay
.".
145th In § 164 paragraph. 1 point. c) the number "5" is replaced by "6".
146th In § 164 paragraph. 1 letter l) reads:
"L) decide on the payment of costs associated with the stay of foreigners detained in the territory
and his departure from the country, if the foreigner is detained by
special legislation 16a) and enforced by its cover".
147th In § 164 paragraph. 1 at the end of the text of the letter o) the words "or
transit by air".
148th In § 164 paragraph. 1 at the end of letter t) the words "and the demise
obstacle to travel under § 120a. 2".
149th § 164 at the end of paragraph 1 is replaced by a comma and letters
s) az) added:
'S) shall verify whether the alien has not entered into marriage in order to get permission to stay
,
z) decide on the location of the device. ".
150th In § 164 after paragraph 1, the following paragraph 2 is added:
"(2) The Regional Directorate of the Foreign and Border Police also
a) ensure the external security of the facility, in the strict regime
provides internal and external surveillance of this area,
|| | b) performs an escort foreigners between devices, ensuring
transporting and guarding foreigners detained in facilities for medical treatment
to a medical facility to fruition consular visits
to perform tasks in criminal proceedings, to perform other tasks
related hedging purposes, or to the court and back. ".
Paragraphs 2 to 4 shall be renumbered as paragraphs 3 to 5
151st In § 164 paragraph. 3 of the first sentence of the text 'r) to x) "is replaced by" r)
up from). "
152nd In § 164 paragraph. 3, second sentence, the words "over 90 days" the words
"the termination of temporary stay in the territory for which the visa is not required
".
153 above. § 164 paragraph. 4 of the first sentence the words "ax)" is replaced by "x)
z)".
154th In § 164 paragraph. 4 second sentence after the word "airport visas" are inserted
words "to issue a travel identity card, terminating
temporary stay in the territory for which the visa is not required."
155th In § 164 paragraph. 5, the first sentence the words "w), x)" is replaced by "a
w) to z)".
156th In § 164 paragraph. 5, the second sentence is replaced by the phrase "Further
department decides on the granting of exit order for a travel card
identity of the termination of temporary stay in the territory for which the visa is not required
, and assesses whether public document under § 108 paragraph. 1 point.
b) meets the conditions under § 108 paragraph. 2. '.
157th In § 165 at the end of the text of letter c) the words "and repealing
residence permit pursuant to § 69b para. 1".
158th In § 165 after the letter c) the following points d) and e) that
added:
"D) establishes and operates facilities
e) decide on the payment of costs associated with the stay of foreigners detained
the territory and departure from the country and claims to pay them".
Existing letter d) is renumbered as subparagraph f).
159 aircraft. In § 167 paragraph. 1 point. b) the words "administrative expulsion"
words "or for the purpose of extradition under an international treaty."
160th In § 167 paragraph. 1 at the end of letter h) is replaced by a comma and
the letters i) to k) are added:
"I) withhold funds alien detained by
special legal regulation 16a)
j) to use funds foreigner detained pursuant to subparagraph i)
payment, even partial, costs relating to the residence of detained foreigners
the territory and its departure from the country,
k) the performance of duties under this Act to examine whether the alien
unmarried in order to obtain a residence permit. ".
161st In § 168 the words "§ 9. 4" is replaced by "§ 9. 5" for
Text "§ 38 par. 1", the words "and 3" for the number "124" is inserted
words "(except in proceedings under § 124 par. 3)" and the number "129" is
inserted text "148".
162nd In the final part of § 169 paragraph 2 the words "pursuant to § 47 of the Administrative Procedure
" the words "this does not apply in the case of extradition
card for a residence permit under subparagraph c) for a minor child younger | || 15 years. ".
163rd In § 169 paragraph. 3 at the end of the text of the first sentence the words ";
case of an application for a permit for long-term residence for the purpose of family reunification
within a period of 270 days from the date of application".
164th In § 169 paragraph. 3, the second part of the sentence before the semicolon replaced
"Application for a long-term permit, a request for extradition
residence permit pursuant to § 69 para. 2 or a request for issuing a special residence
authorization request to the police department handled within 60 days
date of the request. "
165th In § 169 paragraph. 7 point. d) the words "§ 69 par. 2"
words "or § 69a paragraph. 1 or 2".
166th In § 169 paragraph. 7 letter e) reads:
"E) filed an application for extension of stay on a visa for over 90
days, the application for permanent residence or a request for extension of validity
term residence permit in time when it is || | entitled. ".
167th In § 169 paragraph. 9 point. e), the words "§ 69 par. 2"
words "or § 69a paragraph. 1 or 2".
168th In § 169 paragraph. 9 letter f) reads:
"F) filed an application for extension of stay on a visa for over 90
days, the application for permanent residence or a request for extension of validity
term residence permit in time when it is || | entitled. ".
169. In § 170 paragraph. 2, after the words "transit visa" the words
"according to § 22 paragraph. 5".
170th § 170 paragraph. 4, the text "§ 32 par. 2 point. A)" is replaced by "§
33 paragraph. 1".
171st In § 171 point. b) the text "§ 9. 4" is replaced by "§ 9.
5".
172nd In § 172, paragraph 5 shall be deleted.
173rd § 176 including the title reads:
"§ 176
Health Care for securing foreigners
(1) Foreigners for securing the territory providing health care
a) immediate, in conditions
that the first immediate threat to life
second may result in deepening the pathological changes of sudden death
third without causing rapid provision of health care permanent pathological changes
,
fourth cause sudden pain and suffering,
fifth cause changes in behavior and conduct of the victim, threatening
himself or his surroundings, or
sixth with relating to pregnancy and childbirth, with the exception of artificial interruption of pregnancy at the request
foreigners
b) in relation to an ordered quarantine or any other measure
relating to the protection of public health.
( 2) the costs of health care provided in accordance with paragraph 1 or §
134, paragraph. 2 paid by the state, even if the protection is lost.
(3) if you can not provide health care in the facility , the operator shall ensure
provide this care in a medical facility with which the Ministry
or operator enters into a contract for the provision of health care;
It does not apply in cases of imminent danger to life or health.
(4) caused when a foreigner at the time of collateral injury to arbitrarily
has an obligation to reimburse the costs of treatment, including the costs actually incurred
for surveillance and transport to a medical facility and back.
(5) Where the cost of healthcare provided and paid by the state
not a foreigner who has made a declaration of intention to apply for asylum
or an asylum seeker, provides reimbursement
), The Ministry for foreigners detained in facilities
B) police in other cases. ".
174th in § 176a paragraph. 3, the words" from the state budget chapter General Treasury Administration
"are deleted.
175th under § 176a is inserted § 176b, added:
"§ 176b
Reimbursement of costs associated with the provision of foreigners in order to transfer or transit
(1) When paying the costs associated with the provision of foreigners for the purpose
transfer or transit under an international treaty or by ensuring that foreigners
for the passage of air (§ 152 and 153), proceed similarly as in the reimbursement
costs associated with the provision of foreigners for the purpose
administrative expulsion.
(2) The costs associated with the provision of a foreigner for the purpose of handover under an international treaty
costs are counted by the police or the Ministry
arising from alien is detained pending his transfer
competent authority of the other Contracting State.
(3) Costs related to providing transit
foreigners under international treaties or transit by air in accordance with § 152 and 153
paid only in case of an alien who resides in the territory and whose || | return to its territory or citizenship in another country, which takes
foreigners, requires securing its transit through the territory of another State
with the assistance of the competent authorities of that State. In this case
to expenses include the costs associated with transit
carried out by the competent authorities of the State in whose territory the foreigner at the request
guided. ".
176th in § 180 of the beginning paragraph 2, the following sentence "Invitation served on
official form.".
177th in § 180 at the end of paragraph 2 sentence "inviting person
invitation shall also provide data on foreigners called in the name, surname and
other names, date, month and year of birth, nationality, place of residence
abroad, passport number, purpose of travel and the time at which
invites foreigners in the territory. ". | ||
178th in § 180 paragraph. 5 at the end of subparagraph c) the word "or" is deleted, the dot
at the end of point d) is replaced by a comma and subparagraphs e) and f), which
added:
"e) if the person inviting an official form filled illegible, incomplete or false
or
F) if the inviting person is not concluded travel health insurance
although honestly declared that it will do so. ".
179th in § 180 after paragraph 5 the following paragraph 6 is added: || |
"(6) at the request of the police inviting person is obliged
ability to meet obligations contained in the invitation to demonstrate that:
A) has the means to stay aliens called the extent specified in
§ 13
B) has funds amounting to 0.25 times the subsistence minimum for personal needs
for each day of stay in the territory if the alien does not
housed at inviting people
C) submit proof of travel health insurance benefit
called alien or a statutory declaration that such insurance
closes before entering an alien in the territory, or for any reimbursement of costs
extent specified in § 5 point. a) Section 4
has an amount of at least EUR 30 000
D) has the resources to cover the costs incurred in moving
called alien from the territory of an amount equivalent flights to the country whose passport
own, or to the country of residence.
Demonstrating the ability to meet the obligations under subparagraphs a) to d) does not deprive
inviting person from the obligation to pay any cost in the range
commitment adopted at the invitation of the actual amount. ".
Former paragraphs 6 and 7 become paragraphs 7 and 8
180th in § 180a of the existing text becomes paragraph 1 and the following
paragraph 2, which reads:
"(2) the Embassy Office verifies that the person who issued the document on
travel health insurance is entitled to issue such a document. ".
181st Under § 180b inserted § 180c, including the heading reads:
"§ 180c
Unaccompanied minor alien
For the purposes of this Act means an unaccompanied minor alien
foreigner aged 15 to 18 who arrived in the territory unaccompanied
adult responsible for him under the laws applicable in the territory
state whose citizenship alien younger than 18 years has, or if it is
stateless person on the territory of its last residence,
and after such time as they are not effectively in the care of such persons
; unaccompanied minor alien is an alien younger than 18 years
who is left unaccompanied after he arrived in the territory
^ 9b). ".
182nd § 181 reads:
"§ 181
The Czech government can range specified
directly applicable legislation of the European Communities ^ 6) Regulation provide that
A) foreigners with visa waiver does not apply;
Regulation defines a group of persons whose stay in the territory is subject to a visa,
B) the alien may reside on the territory without a visa for a period specified in this
Regulation; Regulation defines the range of persons whose stay in the territory
is not subject to a visa. ".
183rd In § 182 paragraph. 1, letter b) including footnote no. 26a reads:
"B) in accordance with an international treaty by which the Czech Republic is bound
or regulation issued thereunder ^ 26a)
foreigners who can stay in the transit area of an international airport in the only
on the basis of an airport visa.
26a) the Executive Committee SCH / Com (99) 13 dated 28 April 1999
final Common manual and the Common consular instructions. ".
184th In § 182 at the end of paragraph 1 is replaced by a comma and
point c), which reads:
"C) the cost of accommodation, food and transport in the
foreigners detained for administrative expulsion.".
Transitional provisions
Article II
First The request for a visa for over 90 days filed before the commencement
force of this Act for the purpose of family reunification shall be deemed
a request for issuing long term residence permit for the purpose of family reunification
.
Second Proceedings on the application for a permit for long-term residence for the purpose of family reunification
filed before the effective date of this Act shall be completed
by Act no. 326/1999 Coll., As amended effective
date of this Act.
Third Request for extension of stay on a visa for over 90 days for
purpose of family reunification is considered the extradition request
term residence permit for the purpose of family reunification.
Fourth The request for extension of validity for permanent residence
filed before the effective date of the Act shall be handled in accordance with Act No.
. 326/1999 Coll., As amended, effective from the date of entry into force of this Act
.
Fifth The holder of a visa for over 90 days, which before the effective date of this Act
been granted for the purpose of family reunification in
extent specified in § 42a paragraph. 1 of Act no. 326/1999 Coll., As amended || | effective date of this Act, shall, within
into the 31st in December 2005 to appear before the police for the exchange of visa as proof
for a residence permit.
6th Marking visas will be made upon presentation of proof of travel health insurance
.
7th Changes assurance scheme will be implemented in various devices
gradually after the effective date of this Act until 31 December 2005;
Until change this regime police carry out tasks under the existing legal
adjustments.
8th Powers to establish and operate the facility under Title XII of the Act
no. 326/1999 Coll., As amended, effective from the date of entry into force of this Act
are transferred to the Ministry on 1 January 2006.
PART TWO
Change in Employment Act
Article III
Act no. 435/2004 Coll., On employment, as amended by Act no. 168/2005 Coll.
And Act no. 202/2005 Coll., Is amended as follows:
First In § 87 of the text ", j) and k)" is replaced by "j) to l)."
Second In § 98, at the end of letter j), the word "or" dot at the end
letter k) is replaced by the word "or" and the following letter l)
which including footnote no. 52a reads :
"L) who resides in the Czech Republic on the basis of a
long-term residence for the purpose of family reunification, if it is a
cohabitation of a family with a foreigner under a) or c) ^ 52a).
52a) § 42a paragraph. 1 of Act no. 326/1999 Coll., on aliens
Czech Republic and amending certain laws, as amended by Act no. 428/2005 Coll
. ".
Third In § 102 para. 1, the text ", j) and k)" is replaced by "j) to l)."
PART THREE
Change Trade Act
Article IV
In § 5 para. 5 of the Act no. 455/1991 Coll., On business
(Trade Act), as amended by Act no. 286/1995 Coll., Act no. 356/1999 Coll
. and Act no. 167/2004 Coll., the following sentence added after the first sentence
"For the purposes of this Act, a residence permit for the purpose of business
also considered long term residence permit for the purpose of cohabitation
families on Czech Republic under a special legal regulation
^ 24b). ".
PART FOUR
EFFICIENCY Article V
First This Act shall take effect on the 30th day after its publication, with
exception of Article I, para. 9, 24-26, 91 points and 139 points,
when it comes to the word "etc.)", which come into effect
abolition of controls at national borders, laid down in the decision of the Council of the European Union on the entry
Into force of the Convention signed on 19 June 1990 in Schengen
between the Kingdom of Belgium, the Federal Republic of Germany, the French
Republic, the Grand Duchy of Luxembourg and the Kingdom of the Netherlands
implementation of the agreement signed on 14 June 1985 on the gradual
removal of checks at their common borders for the Czech Republic, the provisions of Art. I
points 39 and 59 in terms of § 46a para. 2 point. b), which becomes effective on
launch of the Schengen Information System in the Czech Republic
laid down in the decision of the Council of the European Union to start
Schengen Information System in the Czech Republic and Art.
I paragraphs 165 and 166 , which come into effect on 1 January 2006.
Second Article I, para. 13 and 15 shall expire on
abolition of border controls laid down in Council Decision
European Union on the entry into force of the Convention signed on 19 June 1990 in Schengen
between the Kingdom of Belgium, the Federal Republic of Germany,
French Republic, the Grand Duchy of Luxembourg and the Kingdom of the Netherlands
to implement the agreement signed on 14 June 1985
gradual abolition of checks at their common borders for
Czech Republic.
Third The provisions of § 157b paragraph. 11 shall expire on 1 January 2006.
Zaorálek vr Klaus vr
Paroubek mp
