Act No. 161 / 2006 Coll.

Act amending Act No. 326 / 1999 Coll., on the residence of foreigners in the Czech Republic and amending certain laws, as amended, and certain other laws

Valid Effective from 27.04.2006
161
THE LAW
of 16 March 2006
amending Act No. 326 / 1999 Coll., on the residence of foreigners in the Czech Republic and amending certain laws, as amended, and certain other laws
Parliament has decided on this law of the Czech Republic:

ČÁST PRVNÍ

Amendment of the Act on the residence of foreigners in the Czech Republic
Čl. 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., Act No. 559 / 2004 Coll., Act No. 428 / 2005 Coll. and Act No. 444 / 2005 Coll., is amended as follows:
1. Paragraph 4 (2) and (3), including footnote 4a, read:
"(2) When carrying out border checks, police may shorten the estimated duration of a stranger's stay in the territory, if this does not correspond to the period submitted to the means of residence in the territory (§ 13).
(3) The police are obliged to certify the entry into the territory of aliens, if the European Communities legislation is directly applicable (4a) or at the request of a foreigner, by marking an entry stamp on his travel document.
(4a) Council Regulation (EC) No 2133 / 2004 of 13 December 2004 requiring the competent authorities of the Member States to systematically stamp travel documents to third-country nationals when crossing the external borders of the Member States and amending to that end the Convention implementing the Schengen Agreement and the Common Manual. "
2. in Article 6 (2), the words "and to his family member (Article 15a)" shall be inserted after the word "unie1a."
3. in Articles 6 (5), 42a (5) (a), 113 (1) (a), 113 (5), 114 (3) (c) and 169 (7) (b) and (d), the words "residence permits" are replaced by the words "permanent residence permits."
4. In Article 6, at the end of paragraph 7, the sentence "This obligation shall not apply to aliens who submit a visa for stay over 90 days during border inspection to take over a long-term residence permit for the purpose of studying in the territory."
5. In Article 6, at the end of paragraph 9, the sentence "Submission of a travel health insurance document shall not be required if it is a family member of a European Union citizen."
6. In Article 6, the following paragraph 10 is added:
"(10) If a citizen of the European Union does not have a travel document or cannot obtain it, the police will allow him, during border inspection, to prove his identity and the fact that he is a citizen of a Member State of the European Union, to another document. If a family member of a European Union citizen does not have a travel document or is unable to obtain it, the police will allow him to prove his identity and the fact that he is a family member of a European Union citizen by another document during a border inspection. '
7. in Article 7 (1) (c):
"(c) draw the alien's attention to the obligation to apply for a long-stay permit for protection in the territory during the period of validity of the visa referred to in (a)."
8. In Article 9, at the end of paragraph 3, the sentence "In the case of a foreigner who has been granted a visa for a stay of more than 90 days to take over a long-term residence permit for the purpose of studying in the territory shall be added."
9. In Article 9 (4), the third sentence is deleted.
10.Paragraph 9 (5) reads as follows:
"(5) The police will take a decision to refuse entry if they refuse entry into the territory of a citizen of the European Union1a). Similarly, the police shall proceed in the case of a family member of a citizen of the European Union1a) if the family member of that citizen of the European Union accompanies or if the family member proves that the citizen of the European Union is staying in the territory. A decision to refuse entry shall not be given where the reason for the refusal of entry is a final decision by the court of expulsion from the territory or a final decision by the administrative exodus. ';
11. in Article 9, the following paragraph 7 is added:
"(7) The reasons for refusal of entry referred to in paragraph 1, 2 or 3 shall be communicated by the police to the alien on a single form 5c) and shall be indicated in the travel document by an imprint of the entry stamp which shall invalidate 5c).
5c) Council Decision 2004 / 574 / EC of 29 April 2004 amending Part II of the Common Manual. ';
12. The following Section 11a is inserted after Section 11, including footnote 5d:
„§ 11a
Where a decision to refuse entry has been given on the grounds referred to in Article 9 (1) (c) or (l), a European Union citizen or a member of his family may apply to the police for a new decision 5d), at the earliest two years after the date on which he was refused entry into the territory. The police will take a new decision within 180 days of the initiation of the procedure.
5d) § 101 of Act No. 500 / 2004 Coll., Administrative Regulation. '
13. in Article 15a (1) (c), the words "or such a child of the spouse of a citizen of the European Union" shall be inserted after the word "flight."
14. in Article 15a (3), the words "for the purposes of issuing a special residence permit" shall be replaced by "under paragraph 1 (d),"
15. in Article 15a, the following paragraph 4 is added:
"(4) The provisions of this law concerning a family member of a citizen of the European Union shall apply mutatis mutandis to foreigners who:
(a) he or she is living in a common household with a European Union citizen or, for health reasons, cannot take care of himself without the personal care of a European Union citizen; or
b) is a family member of a national of the Czech Republic 1). "
16. in Article 18 (d), at the end of point 5, the word "or" shall be deleted and points 7 and 8 shall be added, including footnote 7c:
'7. the holder of a residence card of a member of the family of a citizen of the European Union or a residence permit issued by another Member State of the European Union and the residence period in the territory shall not exceed 3 months; or
8. the holder of a permanent residence permit with a long-term resident status in the European Community in the territory of another Member State of the European Union7c (hereinafter referred to as "resident of another Member State of the European Union") and the period of residence in the territory shall not exceed 3 months;
(c) Council Directive 2003 / 109 / EC of 25 November 2003 concerning the status of third-country nationals who are long-term residents. ';
17. in Paragraph 18, the following point (e) is inserted after point (d):
"(e) if he is a family member of a citizen of the European Union whose visa for stay within 90 days or transit visa has expired if he is staying in the territory with a citizen of the European Union and his stay in the territory does not exceed 3 months, ';
Points (e) and (f) shall be renumbered as points (f) and (g).
18. in Article 19 (1) (c), (d) and (e), the words "this is not the case if it is a citizen of the European Union1a" shall be deleted;
19. In Article 19, at the end of paragraph 3, the words "foreigners from the territory under this Act (" administrative expulsion ") 'shall be added.
20. Paragraph 19 (4) is deleted.
21. in Paragraph 22 (1), the words "unless otherwise specified," shall be inserted after the words "to grant."
22. Paragraph 22 (5), including footnote 7d, reads:
"(5) An application for a transit visa may exceptionally be lodged at a border crossing point under the conditions laid down by the directly applicable European Community legislation (7d). In this case, the visa is issued and marked by the police on the travel document.
7d) Council Regulation (EC) No 415 / 2003 of 27 February 2003 on the issuing of visas at the border, including the issuing of such visas to passing seafarers. '
23. In Paragraph 22, paragraph 6 is added:
"(6) The application for a transit visa shall also be authorised at the border crossing point by a family member of a citizen of the European Union1a). In this case, the visa is issued and marked by the police on the travel document. ';
24. in Article 23 (1), the dot is replaced by a comma at the end of point (d) and the following point (e) is added:
"(e) on request, a medical report not suffering from a serious illness; a medical report may be requested only if there is reason to believe that he is suffering from a serious illness. ';
25. In Article 23, the following paragraph 3 is added:
"(3) A family member of a European Union citizen shall only submit a travel document, a document certifying that he is a family member of a European Union citizen, and a photograph for a transit visa. '
26. in Paragraph 26 (5):
"(5) An application for a visa to stay within 90 days may exceptionally be lodged at a border crossing point under the conditions laid down directly by the applicable European Communities legislation (7d). In this case, the visa is issued and marked by the police on the travel document. ';
27. in Paragraph 26, the following paragraph 6 is inserted after paragraph 5:
"(6) The application for a visa to stay within 90 days is also entitled to be lodged at the border crossing point by a family member of a citizen of the European Union1a). In this case, the visa is issued and marked by the police on the travel document. ';
Paragraphs 6 and 7 shall be renumbered paragraphs 7 and 8.
28. Paragraph 26 (7) is deleted.
Paragraph 8 shall become paragraph 7.
29. in Article 27 (1) (d):
"(d) proof of the cost of leaving the territory (§ 12),"
30. in Article 27 (1), the following point (e) is inserted after point (d):
"(e) a medical report not suffering from a serious illness; a medical report may be requested only if there is reason to believe that he is suffering from a serious illness; ';
Point (e) shall be renumbered as point (f).
31. in Paragraph 27 (2), "(a), (b) and (d)" shall be replaced by "(a), (b), (d) and (e)";
32. In Paragraph 27, the following paragraph 4 is inserted after paragraph 3:
"(4) A family member of a European Union citizen shall, within 90 days, submit only a travel document, a document certifying that he is a family member of a European Union citizen, and a photograph. '
Paragraphs 4 to 6 shall be renumbered paragraphs 5 to 7.
33. Paragraph 27 (5) to (7) is deleted.
Article 34 (29), including the title:
„§ 29
Extension of validity and stay on short-stay visa
(1) At the request of a stranger, the police will extend the validity of the visa to stay within 90 days and the duration of the stay on that visa if the alien submits the application during the period of validity of that visa and submits the particulars referred to in paragraph 3. At the request of a stranger, the police shall extend the validity of the transit visa and the period of stay on that visa if the alien makes the application during the period of validity of that visa and submits the particulars referred to in paragraph 4. The duration of the extended stay shall be such that the sum of the periods of previous and extended stay in the territory does not exceed 3 months.
(2) The period of residence referred to in paragraph 1 may not be extended if grounds for the extension of the period of stay in the territory have not been found to be of interest or if there is a change in the purpose of the stay in the territory or if the police find a reason to initiate the procedure for the revocation of this visa (§ 61).
(3) The application for an extension of a visa to stay within 90 days and the period of stay on that visa shall be subject to the presentation of the particulars referred to in Article 27 (1) or (2), with the exception of photographs, as well as proof of travel sickness insurance during the period of stay in the territory; This does not apply if the alien is insured under special legislation (5) or if the reimbursement of medical costs is otherwise ensured.
(4) The application for the extension of the transit visa and the period of residence for that visa shall be subject to the presentation of the particulars referred to in Article 23 (1), with the exception of photographs.
(5) At the request of a foreigner, the police will extend the validity of an airport visa if the alien makes an application during the period of validity of that visa and submits the particulars provided for in Section 25, with the exception of a photograph. The period of extended validity of the visa shall be such that the stay of a stranger in the transit area of an international airport in the territory does not exceed 3 months. The period of validity of the visa shall not be extended unless reasons have been found worthy of consideration. '.
Article 35 (29b), including the title, reads:
„§ 29b
Single Schengen visa issued by another Contracting State
(1) A uniform Schengen visa issued by another Contracting State authorises a stranger to stay in the territory for the period indicated therein, unless the Czech Republic is excluded from its territorial validity.
(2) The police or the Ministry of Foreign Affairs may issue a uniform Schengen visa issued by another Contracting State:
(a) to extend the validity and residence period of a single Schengen visa issued by another Contracting State, provided that the conditions set out in Paragraph 29 are met; inform the authority of the Contracting State which issued the visa of the extension and the period of stay;
(b) limit its validity to the period corresponding to the funds submitted for residence in the territory (§ 13); or
(c) withdraw its validity if its holder no longer fulfils any of the conditions for its granting; inform the authority of the Contracting State which issued the visa of the revocation. ';
36. in Paragraph 30 (2):
"(2) The visa for residence over 90 days is also granted to foreigners for the purpose of taking over a permanent residence permit, a long-term residence permit for the purpose of cohabitating family or for the purpose of studying in the territory or for the purpose of applying for a long-term residence permit issued by the Ministry of Foreign Affairs (§ 49). '.
37.Paragraph 30 (4) reads as follows:
"(4) A stay visa of more than 90 days for the purpose of taking over a long-term residence permit for the purpose of family co-existence or for the purpose of studying in the territory or permanent residence permit entitles a stranger to stay in the territory for 3 working days. The visa for stay over 90 days for the purpose of applying for a long-term residence permit issued by the Ministry of Foreign Affairs authorises the stay for 30 working days. Where the acceptance of an authorisation under the first sentence or the submission of an application under the second sentence is prevented by an independent stranger, the period of stay after the alien has entered the territory shall be deemed to be extended until such reasons have ceased to exist. The alien shall be obliged, following the expiry of the grounds referred to in the third sentence, to notify the police without delay if the visa is issued for the purpose of receiving a long-term residence permit for the purpose of cohabitating or studying in the territory or permanent residence permit or the Ministry of Foreign Affairs, if the visa is issued for the purpose of applying for a long-term residence permit issued by that Ministry. ';
38. In Paragraph 31, the sentence "Obligation to submit a document confirming the purpose of the stay in the territory, if the visa is issued for a stay of more than 90 days for the purpose of business under special legislation (8d), shall be deemed to be fulfilled if the alien indicates in the application the reference number of the trade declaration or the application for a concession and for which the trade mark has been declared or applied for. ';
Footnote 8d:
"8d) Act No. 455 / 1991 Coll., on Business Business (Trade Act), as amended. '.
39. in § 33 (1) (e), the words "residence permit under § 69 (2)" are replaced by the words "permanent residence permit under § 67, 68 and § 69 (2)";
40. in Paragraph 37 (2), the word "or" shall be deleted at the end of point (e), the word "or" shall be added at the end of point (f) and the following point (g) shall be added:
"(g) a stranger shall not prove his ability to pay the cost of health care and shall not prove it within a period to be determined by the police,"
41. in Paragraph 42 (4), the words "residence permit (Paragraph 70 (4))" are replaced by the words "permanent residence permit";
42. The following Sections 42c to 42e are inserted after § 42b, including the headings and footnotes No 9d to 9g:
„§ 42c
Long-term residence permit of a resident of another Member State of the European Union
(1) An application for a long-term residence permit may be lodged by a resident of another Member State of the European Union if he intends to reside in the territory temporarily for more than 3 months.
(2) The application for a long-term residence permit referred to in paragraph 1 shall be submitted by the resident of another Member State of the European Union to the representative office or the territory of the police. Within the territory, a resident of another Member State of the European Union is required to submit an application within the period of validity of an authorisation for temporary residence in the territory, no later than 3 months after the date of entry into the territory.
(3) The applicant is obliged to submit a long-term residence permit pursuant to paragraph 1 in respect of the application for a long-term residence permit
(a) a document proving the status of resident of another Member State of the European Union;
(b) proof of travel sickness insurance, if not for cases referred to in Article 6 (9);
(c) proof of the possibility of spending sufficient money per month to ensure the maintenance and other essential needs of the applicant and of the dependants and the necessary household costs under the special legislature9c);
(d) the particulars referred to in Article 31 (1), with the exception of those referred to in Article 31 (1) (c); and
(e) upon request, the particulars referred to in Article 31 (4).
(4) The application for a long-term residence permit for the purpose of employment shall be accompanied by an application for a long-term residence permit for the purpose of employment, or by an application to provide the reference number of the application for an employment permit for which the employment office has applied for such a permit, by an indication of the employer's employment and the particulars referred to in Article 31 (1) (a), (d), (e) and (f). On request, the applicant is required to submit further particulars in accordance with § 31 (4).
(5) A family member of a resident of another Member State of the European Union shall be entitled to apply for a long-term residence permit if he is authorised to reside with him for the purpose of cohabitation of the family in the territory of a Member State which has granted such status to the resident of another Member State of the European Union or has been granted the status of resident of another Member State of the European Union in that State.
(6) A family member of a resident of another Member State of the European Union shall be required to demonstrate compliance with the condition laid down in paragraph 5 and to submit a travel health insurance document, if not for the cases referred to in Paragraph 6 (9), proof of the possibility of spending sufficient money on a monthly basis to ensure the maintenance and other essential needs of the applicant and of the dependent persons and the necessary household costs under the special legislature (9c) and the particulars referred to in points (a), (d), (e) and (f) of Article 31 (1). Upon request, the family member shall be obliged to submit further the particulars referred to in Article 31 (4).
§ 42d
Long-term residence permit for study in the territory
(1) An application for a long-term residence permit for the purposes of studies in the territory of 9d shall be entitled to be lodged at the representative office by an alien if he intends to stay in the territory temporarily for more than 3 months and if he goes to study under § 64, with the exception of primary school, secondary school or conservatory education which is not carried out under an exchange programme or professional practice carried out against payment.
(2) An alien is required to apply for a long-term residence permit in accordance with paragraph 1
(a) submit the particulars referred to in Article 31 (1) (a), (b), (d), (e) and (f);
(b) submit the consent of the parent or, where appropriate, any other legal representative or guardian to his stay in the territory if he is a minor;
(c) demonstrate the provision of means of residence in the territory (§ 13), if it is for university studies or unpaid professional experience; in other cases, proof that the cost of residence of the alien is borne by the domestic host organisation;
(d) submit, upon request, the particulars referred to in Article 31 (4).
(3) Before issuing a visa for a stay of more than 90 days for the purpose of taking over a long-term residence permit for the purpose of studying in the territory, the alien shall be obliged to submit a proof of travel sickness insurance during the period of stay in the territory; This does not apply if the cases referred to in Paragraph 6 (9) are concerned.
§ 42e
Long-term residence permit for protection within the territory
(1) Permitted long-term residence for protection in the territory of 9e)
(a) the likely victim of a crime involving trafficking in human beings (9f); or
(b) by a person for whom an illegal crossing of the national border has been organised or allowed (9g) whose testimony is relevant for the detection of an offender or an organised group engaged in the organisation or authorisation of illegal crossing of the national border
provided that he cooperates with law enforcement authorities to prosecute the perpetrator suspected of committing the offence and does not cooperate with the suspect of committing the offence.
(2) A long-term residence permit for protection in the territory may also be issued by the Ministry at the request of a stranger to whom a travel obstacle has been granted by a decision under a special legislature2).
(3) The alien referred to in paragraph 1 must be informed without delay, in the language in which he is able to communicate, by the criminal authority of the right to apply for a long-term residence permit for protection in the territory and the conditions of such residence. An alien shall be granted a period of 1 month from the date on which he was instructed in accordance with the first sentence to decide whether to cooperate with a criminal authority. During this period, aliens may not be expelled or otherwise terminated from the territory. The time limit does not affect the procedure for the administrative expulsion of a stranger or the procedure for its transmission under an international agreement which is part of the legal order of the Czech Republic.
(4) An application for a long-term residence permit for protection in the territory is made by an alien to the Ministry.
(5) The application for a long-term residence permit for protection in the territory shall be accompanied by a travel document, even if the period of validity has expired, by proof of accommodation during the stay in the territory and the photograph. In addition, where an alien requests a long-term residence permit for protection in the territory referred to in paragraph 1, he shall be required to submit a confirmation to the criminal authority of compliance with the conditions for the application referred to in paragraph 1.
9d) Council Directive 2004 / 114 / EC of 13 December 2004 on the conditions for admission of third-country nationals for the purpose of studies, exchanges of pupils, unpaid training or voluntary service.
9e) Council Directive 2004 / 81 / EC of 29 April 2004 concerning the issue of residence permits to third-country nationals who have become victims of trafficking in human beings or who have become objects of smuggling and cooperate with the competent authorities.
9f) § 232a of the Criminal Act.
9g) § 171a of the Criminal Act. '
43.
„§ 44
(1) The police issue a long-term residence permit in the form of a residence permit pursuant to Section 78; the police card shall indicate the purpose of the stay.
(2) A stranger who has been granted a long-term residence permit for the purpose of cohabitation of a family or for the purpose of studying in the territory (§ 42d), upon request from the representative office, is obliged to appear in person at the police station within 3 working days of the date of entry into the territory to take over the residence permit. The decision granting a long-term residence for the purpose of family cohabitation or for the purpose of studying in the territory shall become final on the date of its adoption.
(3) Article 79 (2) and Article 81 shall apply mutatis mutandis to the residence permit.
(4) Long-term residence permits are issued by the police with a period of validity
(a) necessary to achieve a purpose which requires a stay in the territory of less than 1 year;
(b) 1 year if it is a temporary stay for the purpose of studies with a expected stay of more than 1 year;
(c) responsible for the period of validity of the residence permit in the case of family co-existence (paragraph 1) issued to the holder of the family reunification permit but for at least 1 year;
(d) 2 years in the case of family co-existence, provided that a permanent residence permit has been issued to the holder of the family reunification authorisation;
(e) the corresponding period specified in the employment permit;
(f) in the case of a family member of a resident of another Member State of the European Union, the period of validity of the residence permit issued to that resident;
(g) the corresponding period laid down in the voluntary youth service contract within the national host organisation, if it is for the issue of a long-term residence permit for the purpose of studying in the territory referred to in § 42d; or
(h) 2 years in other cases.
(5) A long-term residence permit for protection in the territory of the Ministry is issued with effect for the period necessary to achieve the purpose of the stay, but for a minimum period of 6 months. "
44. The following Section 44a is inserted after Section 44, including footnote 9:
„§ 44a
(1) The period of validity of long-term residence permits may be renewed repeatedly,
(a) for the period laid down in Paragraph 44 (5),
(b) for a period not exceeding the period laid down in Article 44 (4) (a), (b), (e) to (h);
(c) for the period of validity of the long-term residence permit referred to in Article 44 (1) which has been issued to the holder of the family merger permit, if the period of validity of the long-term residence permit referred to in Article 44 (4) (c),
(d) for a period of 5 years, if the duration of the long-term residence permit is as provided for in Article 44 (4) (d).
(2) The validity of long-term residence permits for the purpose of studying in the territory (§ 42d) may be extended repeatedly, but always by a maximum of 2 years, provided that they have been issued for the purpose of higher education or university studies. Where such authorisation has been issued for the purpose of unpaid professional practice, it may be extended only once for a period corresponding to the period laid down in the Professional Practice Contract within the host organisation. In other cases, such authorisation shall not be extended.
(3) Article 35 (2) and (3), Article 36, Article 46 (3) and Article 47 shall apply mutatis mutandis to the extension of the long-term residence permit.
(4) The application for the extension of a long-term residence permit issued for the purpose of cohabitation of the family shall be accompanied by the particulars referred to in Article 42b (1) (a), (c) and (d), as well as proof of travel sickness insurance during the period of residence in the territory; This is not the case if the alien is insured under special legislation (5) or if he can prove that the health care costs are met otherwise. If the holder of a family reunification permit has been granted asylum, the alien shall be obliged to submit only a travel document. The validity of a long-term residence permit issued for the purpose of co-existence of a family cannot be extended if the police find a reason for initiating the annulment procedure (§ 46a).
(5) An application for the extension of a long-term residence permit issued to a resident of another Member State of the European Union shall be subject to the requirement of Article 42c (3), with the exception of a document similar to that issued by the State in which he is a citizen or residing, and medical reports that he is not suffering from a serious illness. In addition, the application for an extension of the long-term residence permit for business purposes shall be subject to the requirement of Article 46 (7) or (8). An application for the extension of a long-term residence permit for the purpose of employment shall be subject to the presentation of an employment contract, an employment agreement or an agreement on work and the formalities referred to in Article 31 (1) (a), (d), (e) and (f) in cases where a specific legislation does not require an employment permit.
(6) An alien is obliged to apply for a renewal of a long-term residence permit for the purpose of studying in a territory issued pursuant to § 42d
(a) submit the particulars referred to in Article 31 (1) (a), (b), (d) and (f);
(b) to provide proof of travel sickness insurance during the period of residence in the territory; the obligation to submit proof of travel sickness insurance does not apply if the alien is insured under special legislation (5) or if he proves that the costs of health care are met otherwise,
(c) demonstrate the provision of means of residence in the territory (§ 13), if it is for university studies or unpaid professional experience; in other cases, proof that the cost of residence of the alien is borne by the domestic host organisation;
(d) submit the consent of the parent or, where appropriate, any other legal representative or guardian to his stay in the territory if he is a minor.

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Regulation Information

CitationAct No. 161 / 2006 Coll., amending Act No. 326 / 1999 Coll., on the residence of foreigners in the Czech Republic and amending certain laws, as amended, and certain other laws
Regulation Type-
Author-
CollectionCode of Laws
Date of Promulgation27.04.2006
Effective from27.04.2006
Effective until-
Status Valid
The regulation text is for informational purposes only.
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