Act No. 140 / 2001 Coll.
Act amending Act No. 326 / 1999 Coll., on the residence of foreigners in the Czech Republic and amending certain laws
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Effective from 01.07.2001
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140
THE LAW
of 3 April 2001
amending Act No. 326 / 1999 Coll., on the residence of foreigners in the Czech Republic and amending certain laws
Parliament has decided on this law of the Czech Republic:
Act No. 326 / 1999 Coll., on the residence of foreigners in the Czech Republic and amending certain laws, is amended as follows:
1. in Article 5 (a) (3), "90 days" is replaced by "180 days";
2. In Article 5 (c), the words "and the photograph 'are deleted.
3. In Article 6, the words "or participation in research and development 'shall be added at the end of paragraph 6.
4. In Article 9 (1), the words' unless otherwise specified 'shall be deleted from the introductory wording.
5. in Paragraph 9 (1) (k):
"(k) there is a reasonable risk that an alien may endanger the security of the State during his stay in the territory, seriously disturb public policy or obstruct the execution of judicial or administrative decisions;"
6. In Article 9 (2), the words "or 'shall be added at the end of point (b) and in point (c), the words" or a document recognised as a travel document under an international contract' shall be deleted.
7. In Article 9 (3), the fourth sentence is deleted.
8. in Article 10 (a), the word "or" shall be deleted at the end of point 1 and at the end of point 2 the word "or" shall be deleted.
9. In Article 10, the words "for the reasons set out in Article 154 (3) (a) 'shall be added at the end of point (c).
10. In the second sentence of Paragraph 14, the words "a photo of a stranger," are deleted and at the end of the text the sentence "A border guide for a stranger who is not entitled to reside in a territory without a visa also contains a photograph."
11. in Article 17 (b):
"(b) on the basis of a short-stay visa, a long-stay visa, a diplomatic visa or a special visa."
12. The following Sections 17a and 17b are inserted after Article 17:
Short-stay visas
A short-term visa is
(a) exit visa;
(b) a transit visa;
(c) an airport visa;
(d) a visa to stay within 90 days.
Long-term visas
The long-term visa is
(a) a visa for stay over 90 days;
(b) a visa for temporary protection;
(c) a visa for the purpose of the stay. ';
13. in Article 18 (a), the words "on visa waiver" shall be deleted;
14. in Paragraph 18 (c), at the end of point 3, the dot is replaced by a comma and the following points (d) and (e) are added:
"(d) if an executive or a member of the staff is on a regular basis 7a, provided that he leaves the territory on the same or another scheduled flight; the alien may reside in the territory without a travel document, provided he is proved by a certificate of a crew member; or
(e) if there is an executive flight or a member of the staff 7a) an aircraft that carries out operations outside the regular air services for wages or rent, until the time of departure of the aircraft; this alien may reside in the territory without a travel document, provided it is proved by a crew member's certificate.
7a) § 18 (1) of Act No. 49 / 1997 Coll., on Civil Aviation. '
15. in Article 19 (1) (b), the word "intentionally" shall be deleted;
16. In Article 19 (2), the words "on the visa waiver or by a government decree on the visa waiver 'are replaced by the words" or by a government regulation issued pursuant to Article 181 (a)'.
17. in Article 20 (3), the words "paragraph 1 (a)" shall be inserted after the word "visa" and the sentence "exit visa" referred to in paragraph 1 (b) shall be inserted after the word "visa" and the sentence "exit visa referred to in paragraph 1 (b) shall be added only for the period necessary to carry out urgent operations and to leave the territory."
18. In Paragraph 20 (6), the words "within 3 working days' are replaced by the words" to the police not later than the third working day '.
19. in Article 21, point (b) is deleted;
Points (c), (d) and (e) shall be renumbered (b), (c) and (d).
20. in Paragraph 22 (2), '90' is replaced by '180';
21. in Paragraph 23 (1), the comma at the end of point (d) shall be replaced by a dot and point (e) shall be deleted;
22. in Paragraph 24 (4):
"(4) A citizen of a State not covered by a legislation issued under Paragraph 182 (b) may reside in the transit area of an international airport without an airport visa. A citizen of a State referred to in a legislation issued pursuant to Paragraph 182 (b) may reside in the transit area of an international airport without an airport visa, provided that he holds a diplomatic, service, official or special passport, or an executive or member of the operating staff of an aircraft. ';
23. in Paragraph 25, point (d) is deleted;
Point (e) shall be renumbered as point (d).
24. the following Section 26a is inserted after Section 26:
(1) A visa for a stay of up to 90 days may be granted by the representative office, in particular on the basis of reciprocity, for an extended stay of 180 days.
(2) The visa referred to in paragraph 1 shall be granted as multiple and shall be valid for 365 days. ';
25. in Article 27 (1), point (b) shall be deleted;
Points (c) to (f) shall be renumbered (b) to (e).
26. In the first sentence of Article 27 (2), the words "(c) and (e), the proof of accommodation of a stranger during his stay in the territory and the proof of health insurance during his stay in the territory, when he will not be insured under the special legislature.5) 'are replaced by the words" (b) and (d) and the proof of accommodation of a stranger during his stay in the territory.';
27. In the first sentence of Article 30 (2), the word "longest 'shall be inserted after the word" is'.
28. in Article 31 (1) (d):
"(d) proof of accommodation during stay in the territory;"
29. in Paragraph 31 (1), point (e) is deleted;
Points (f) and (g) shall become points (e) and (f).
30. in Paragraph 31 (1) (e), the words "or in which a stranger has stayed" shall be replaced by the words "as well as the states in which the alien has stayed in the last 3 years."
31. in the first sentence of Article 31 (2), after the words "to employment" the comma shall be replaced by "a" and the words "f) and (g) and the health insurance document during the period of residence in the territory where it will not be insured under the special legislation (5) 'shall be replaced by" e) and (f)';
32. Paragraph 32, including the title, reads:
Submission of an application for a visa for stay over 90 days in the territory
(1) An application for a visa for stay over 90 days may be lodged on the territory of the police, provided that:
(a) the alien submits this application during his stay on the territory of a visa for a stay of more than 90 days, issued for the purpose of cohabitation of the family to the extent of the spouse, minor or adult uninsured child and applying for a visa for other purposes;
(b) the alien submits this request during his stay in the territory on a visa for a stay of more than 90 days and applies for a visa for the purpose of cohabitation of the family to the extent of the spouse, minor or adult unmarried child;
(c) a visa is to be issued to a minor or an adult non-insured stranger for the purpose of cohabitation with a legal representative residing in the territory on the basis of a residence permit or visa for a stay exceeding 90 days or being a national citizen of the Czech Republic; or
(d) the alien submits this application after five years of continuous residence on the territory for the purpose of suffering under Paragraph 35 (1) (b).
(2) In the case of an application pursuant to paragraph 1 (a), (b) or (d), the obligation of a stranger to submit a document similar to that of the State, such as an extract from the Register of Penalties referred to in Article 31 (1) (e), shall not apply.
(3) The visa referred to in paragraph 1 shall be marked by the police on the travel document. "
33.In Article 33 (4), "(g)" is replaced by "(f)" and "(f)" is replaced by "(e)."
34. in Paragraph 33 (5):
"(5) The application for an extension of the period of validity of a visa to stay more than 90 days or the period of residence on the territory of that visa granted for business purposes shall be accompanied by a certificate from the Czech Financial Office on the state of its tax arrears for the last tax period and by a certificate from the district social security administration on the payment of social security premiums and the contribution to the state employment policy. This certificate shall also be submitted by an alien to whom a visa has been issued in order to perform the function of partner or manager of the company (s). If the alien is not a tax entity or a payer of social security premiums and a contribution to national employment policy, he shall submit a document issued by the Financial Office of the Czech Republic or by the district social security administration confirming that fact. '
35. in Paragraph 35 (2), the words "(b)" shall be deleted;
36. in Paragraph 51 (3):
"(3) The visa shall be valid for the period indicated therein. '.
37. in Article 55 (1), a comma and the words "matrix documents" shall be inserted after the word "document" and at the end of the paragraph, the comma and the words "if it corresponds to its true form" shall be added.
38. in Paragraph 56 (1) (f), "or (n)" is replaced by "or (m)";
39. in Paragraph 60 (2) after the words "long-stay visas first" the number "30" is replaced by "90."
40. In Paragraph 60, the following paragraph 4 is inserted after paragraph 3:
"(4) Where the period of validity of a long-stay visa or stay on that visa expires before the decision on its extension, even if the application has been lodged within the period referred to in paragraph 2 or 3, the visa shall be valid and the period of stay on that visa shall be deemed to be extended until the legal authority of that decision has been established. ';
Paragraphs 4 and 5 shall become paragraphs 5 and 6.
(41) In Paragraph 61 (2), the words "the consequences of this Decision shall be reasonable as to the grounds for revocation of the visa. In assessing the adequacy, the police shall take account in particular of the effects of this Decision in the private and family life of a stranger ', replaced by' this Decision shall be proportionate in terms of its intervention in the private or family life of a stranger '.
42.In Paragraph 62 (1):
"(1) The validity of the visa shall cease as soon as the judgment imposing the expulsion penalty has become final (10) or an enforceable decision on administrative expulsion is enforceable."
43. At the end of point (a) of Paragraph 64, the words "or a doctoral study programme at a university or research and development centre for this purpose accredited by the Ministry of Education, Youth and Sports" shall be added.
44. in § 64 (c) and (d):
"(c) consultation and exchange of experience, exchange study visits and participation in artistic, methodological and other specialised courses and educational events in the field of competence of the Ministry of Education, Youth and Sports or the region;
(d) professional experience designed to acquire the practical, professional experience of a stranger and carried out at the time of his studies at a national or foreign university, secondary or higher vocational school, school or special school, or within a maximum of 5 years after the completion of his studies at a university and 3 years after the completion of his studies at a secondary or higher vocational school, school or special school held at a national host organisation. This professional experience must be organised or coordinated by a national university, the Academy of Sciences of the Czech Republic, a secondary or higher vocational school, a school or a special school, or an appropriate organisation accredited by the Ministry of Education, Youth and Sports, "
45. in Article 64, the following point (e) is added:
"(e) exchange of experience and study visits of persons responsible for the education and development of human resources, where these activities are carried out under European Union programmes or initiatives or under international agreements."
46. The following Part 1 is inserted after the title of Title IV, including footnote (10a):
The alien is entitled to reside in the territory under permanent residence on the basis of:
(a) a residence permit; or
(b) the decision of the competent authority to entrust the alien to replacement education, 10a) if the condition laid down in Paragraph 87 (1) is fulfilled.
10a) Act No. 94 / 1963 Coll., on Family, as amended. Act No. 50 / 1973 Coll., on foster care, as amended. '
Parts 1 and 2 are referred to as Parts 2 and 3.
47. The following Section 64b is inserted after § 64a:
A residence permit shall be understood as a police decision conferring a right of permanent residence on foreigners for the period laid down in this Decision. ';
48. in Paragraph 65 (1) (a), the following point 2 is inserted after point 1:
"2. parent of a minor or an elderly, uninsured national of the Czech Republic, who has been entrusted to him in education or with whom he shares a common household,"
Points 2 to 6 shall be renumbered 3 to 7.
49. in Paragraph 65 (1) (a) (4), the words "and was given custody by the court after divorce" shall be deleted;
50. in Paragraph 65 (1), the dot is replaced by a comma at the end of point (c) and the following point (d) is added:
"(d) which is a minor or an adult child of a stranger residing in the territory on the basis of a residence permit, if the reason is the request for the cohabitation of such aliens."
51. In Paragraph 66, the words "a visa for stay over 90 days or for temporary protection 'are replaced by the words" a long-stay visa'.
52. in Paragraph 66 (b), the words "a minor free child entrusted to the care of the holder of a residence permit or" deleted and the word "or" shall be replaced by "or."
53. In Paragraph 67, the words "a visa for stay over 90 days or for temporary protection 'are replaced by the words" a long-stay visa'.
54. Paragraph 69 (1) and (2), including footnote 11a, read:
"(1) An application for a residence permit may be lodged at the representative office.
(2) An application for a residence permit may also be submitted to the police if the alien to whom the residence permit is to be issued:
(a) stay in the territory of a temporary stay; and
1. is a husband or minor or adult child of a Czech national,
2. is the parent of a minor or an elderly, unfurnished national of the Czech Republic;
3. is a minor or an adult child of a foreigner residing in the territory on the basis of a residence permit, and the reason for the request is the cohabitation of those foreigners;
4. Is the spouse or minor child of a stranger to whom asylum has been granted for the reasons set out in the special legislation, 11a; or
5. Calls for a residence permit pursuant to Paragraph 65 (1) (c); the condition is a document issued by a state authority of the Czech Republic confirming that the residence of a stranger in the territory is in the foreign political interest of the Czech Republic,
(b) reside in the territory on the basis of a long-stay visa issued; and
1. Calls for such authorisation on the grounds of Article 65 (1) (b); or
2. has fulfilled the condition of residence under § 66 or 67; or
(c) has been entrusted with replacement education by decision of the competent authority (§ 87) and has reached the age of 18 years.
11a) § 12 of Act No. 325 / 1999 Coll. '
55. In Paragraph 70 (1) (e), the following comma shall be added after the word "residence" and the words "as well as the states in which the stranger has remained continuously for more than 6 months in the last 3 years," and part of the sentence after the semicolon shall read: "this obligation shall not apply to foreigners under 15 years of age, in the case of a foreigner who has been granted a visa for the purpose of suffering the stay referred to in Article 35 (1) (b), which is over 15 years of age, only a extract may be required from the Register of Penalties."
56. In Paragraph 70 (1) (f):
"(f) proof of accommodation in the territory."
57.
Proof of permanent residence
In the case of an application for a residence permit, proof of permanent residence in the territory shall be deemed to be:
(a) a document demonstrating the possibility of spending a financial amount of at least 2 times the minimum amount of life for personal needs for the cost of residence per month; or
(b) proof of the promise to provide funds for permanent residence in the territory by public budgets. "
58. In Article 72, a comma and the words "matrix documents' are inserted after the word" document 'and at the end of the paragraph the dot is replaced by a comma and the words "if it corresponds to its true form' are added.
59. In the first and second sentences of Paragraph 74 (1), "10" is replaced by "15."
60. Paragraph 74 (3) is deleted.
61. § 78 reads:
(1) The police will refuse an application for a residence permit if:
(a) the alien shall not submit the particulars referred to in Article 70 (1) (a), (b), (c), (e) or (f);
(b) the expulsion penalty has been imposed by a foreign authority, (10) unless it has been waived by the grace of the President of the Republic or is subject to amnesty granted by the President of the Republic or the period of time for which the sentence has been imposed has elapsed;
(c) the period laid down in the decision on administrative expulsion has not expired if the validity of this decision has not been revoked;
(d) the facts referred to in Article 80 (1) (a) or (c) or Article 80 (2) (b) or (g) are found in the proceedings; or
(e) the reasons given in the application pursuant to Article 65 or Article 66 are not confirmed in the proceedings.
(2) The police will reject the application for a residence permit if a stranger
(a) does not provide proof of detention (§ 71); or
(b) does not fulfil the condition of criminal integrity (§ 174);
provided that this decision is proportionate in terms of its intervention in the private or family life of a stranger. ';
62. In Paragraph 79 (b), the words "have been imposed on aliens" shall be replaced by the words "have acquired legal authority over a judgment imposing on aliens" and the words "have been decided" shall be replaced by the words "is an enforceable decision."
63.Paragraph 80 (1) (b) shall be deleted;
Points (c) and (d) shall be renumbered (b) and (c).
64. in Article 80 (2), the following points (h) and (i) are inserted after point (g), including footnote (11b):
"(h) has been granted pursuant to Paragraph 65 (1) (a) (1) and the marriage has not been established, 11b) has expired on the basis of a final decision of the court to divorce the marriage or a final decision of the court to declare the marriage invalid within 5 years of the issue of the residence permit and the marriage has not been given a child or has not been inviolably acquired; or
(i) the alien has not demonstrated the provision of means of residence pursuant to § 71;
11b) § 17a of Act No. 94 / 1963 Coll. '
65. In Paragraph 80 (2), the words "the consequences of this decision shall be reasonable grounds for termination. In assessing the adequacy, the police shall take account in particular of the effects of this Decision in the private and family life of a stranger ', replaced by' this Decision shall be proportionate in terms of its intervention in the private or family life of a stranger '.
66. In the first sentence of Paragraph 82 (2), "to (d) and (f) 'is replaced by" and (b)' and the second sentence is deleted.
67. In Paragraph 84, the following paragraph 4 is added:
"(4) The period of validity of the residence permit shall not be extended by the police if they find the reason for the revocation of the residence permit pursuant to Paragraph 80. '.
68. In Article 85 (1), the words "the particulars referred to in Article 70 (1) (b) to (d) 'are replaced by" the travel document' and the words "corresponding to its actual form 'are added at the end.
69. Paragraph 85 (2) is deleted and paragraph 1 is deleted.
70.In Paragraph 87 (1), the word "authority13) 'is replaced by" authority10a)';
71. In Paragraph 88 (1), the words "unless otherwise specified" shall be inserted after the word "transitional" and the words "provided that the reimbursement of the costs of providing health care, such as health insurance, is ensured 'shall be deleted.
72. In Paragraph 88 (2), the words "an application for registration of a born alien in 'are replaced by the words" an application for the same kind for a born alien'.
73. In the first sentence of Paragraph 88 (3), the words "if the reason referred to in Article 65" are deleted and in the last sentence, the words "for the duration of the proceedings is considered temporary 'are replaced by the words" from the time of birth to the legal power of the decision on the application is deemed to be permanent'.
74.
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Regulation Information
| Citation | Act No. 140 / 2001 Coll., amending Act No. 326 / 1999 Coll., on the residence of foreigners in the Czech Republic and amending certain laws |
|---|---|
| Regulation Type | Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 26.04.2001 |
|---|---|
| Effective from | 01.07.2001 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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