Act No. 176 / 2019 Coll.
Act amending Act No. 326 / 1999 Coll., on the residence of foreigners in the Czech Republic and amending certain laws, as amended, and other related laws
Valid
Law
Effective from 31.07.2019
Contents
ČÁST PRVNÍ
Čl. I
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㤠50a
㤠123a
„HLAVA XIIIa
§ 155a
§ 155b
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㤠169f
㤠169u
㤠170c
㤠181b
Čl. II
ČÁST DRUHÁ
Čl. III
ČÁST TŘETÍ
Čl. IV
ČÁST ČTVRTÁ
Čl. V
ČÁST PÁTÁ
Čl. VI
ČÁST ŠESTÁ
Čl. VII
ČÁST SEDMÁ
Čl. VIII
ČÁST OSMÁ
Čl. IX
㤠87
㤠147ca
ČÁST DEVÁTÁ
Čl. X
Čl. XI
ČÁST DESÁTÁ
Čl. XII
ČÁST JEDENÁCTÁ
Čl. XIII
㤠30d
ČÁST DVANÁCTÁ
Čl. XIV
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176
THE LAW
of 18 June 2019
amending Act No. 326 / 1999 Coll., on the residence of foreigners in the Czech Republic and amending certain laws, as amended, and other related laws
Parliament has decided on this law of the Czech Republic:
Amendment of the Act on the residence of foreigners in the Czech Republic
Act No. 13 / 2011, Act No. 13 / 2011, Act No. 13 / 2011, Act No. 13 / 2011, Act No. 15 / 2011, Act No. 15 / 2011, Act No. 15 / 2011, Act No. 15 / 2011, Act No. 15 / 2011, Act No. 15 / 2011, Act No. 15 / 2011, Act No. 15 / 2011, Act No. 15 / 2011, Act No. 15 / 2011, Act No. 15 / 2011, Act No. 15 / 2011, Act No. 15 / 2011, Act No. 15 / 2011, Act No. 15 / 2011, Act No. 15 / 2011, Act No. 15 / 2011, Act No. 15 / 2011 / 2011 / 2011, Act No. 15 / 2011, Act No. 15 / 2011, Act No. 15 / 2011, Act No. 15 / 2011 / 2011, Act No. 15 / 2011, Act.
1. In Article 18, at the end of point (d), the word "or 'is deleted; at the end of point (e), the dot is replaced by a comma and the following points (f) and (g) are added:
"(f) if the holder of a long-term residence permit issued by another Member State of the European Union for the purpose of scientific research and the duration of residence in the territory for the purpose of scientific research does not exceed 1 year; a family member of that alien who accompanies him and holds a long-term residence permit issued by another Member State of the European Union may stay in the territory without a visa for that period; or
(g) where he holds a long-term residence permit issued by another Member State of the European Union for the purposes of studies under a European Union programme or a multilateral programme comprising a mobility measure or an agreement negotiated between a higher education institution in another Member State of the European Union and an institution authorised to pursue a university activity in the territory and the duration of residence in the territory for the purpose of studies shall not exceed 1 year. ";
2. In Paragraph 30 (1), the words "or an exceptional work visa 'shall be added at the end of the second sentence.
3. Paragraph 30 (5), including footnote 29, is deleted.
4. Paragraph 31 (2) is deleted.
Paragraphs 3 to 7 shall be renumbered paragraphs 2 to 6.
5. After Paragraph 31, the following Section 31a is inserted:
Extraordinary work visa
(1) An exceptional working visa, which is a visa for stay over 90 days, is issued by the Ministry only in accordance with the conditions laid down in the Government Regulation issued pursuant to paragraph 2. An application for an emergency work visa may be lodged only if a government order has been issued pursuant to paragraph 2. The visa is granted at the request of a foreigner who intends to reside in the territory for the purpose of employment, to that end he has been granted an employment permit under the Employment Act and the performance of that purpose requires the residence of a foreigner in a territory of more than 90 days.
(2) In the event of an exceptional shortage of workers on the labour market in a particular sector or profession, or in the event of an emergency, the Government may, by its regulation:
(a) the sector or profession in which an alien should be employed in the territory;
(b) the maximum number of applications for such a visa may be lodged at the representative office within a certain period of time;
(c) the nationality of the alien who is entitled to apply for this visa,
(d) until when applications for such a visa may be lodged;
(e) the condition that the employer of a foreigner in the territory must not be the employment agency; or
(f) the condition that the employer of a stranger in the territory may only be a participant in a government approved programme and the way in which the authorities concerned and the Economic Chamber of the Czech Republic or employers' organisations are involved in the implementation of such programme.
(3) The application for an exceptional work visa shall be subject to the presentation of an employment permit under the Employment Act, the travel document, the particulars referred to in § 31 (1) (d) and (e) and, upon request, the particulars referred to in § 31 (3). Paragraph 31 (6) shall apply mutatis mutandis to exceptional work visas.
(4) An exceptional work visa shall be issued with a period of validity and a period of stay within the territory for a maximum period of 1 year and shall not be renewable.
(5) The application for a visa for a stay of more than 90 days, a long-stay permit, a temporary residence permit or a permanent residence permit may not be lodged on the territory of the Ministry if the alien resides in the territory on an exceptional work visa. '
6. In § 32 (2) (b), § 35 (2), first sentence, § 35a (2), § 42b (4), § 42c (3) (e), § 42c (4), § 42c (6), second sentence, § 42d (2) (d), § 42f (3) (d), § 42h (1) (b), § 42j (1) (e), § 42l (1) (b), § 42m (2) (b), § 42o (b), § 44a (9), § 44b (c) and § 44c (c), the text "§ 31 (4) shall be replaced by" § 31 (3). "
7. in § 32 (3), first sentence, § 42h (2) (b) and § 44a (10) (b), "§ 31 (6)" is replaced by "§ 31 (5)."
8. In Article 32 (6), "Article 31 (7) 'is replaced by" Article 31 (6)'.
9. In Paragraph 33 (1), the word "or 'shall be deleted at the end of point (c).
10. in Article 33 (1) (d), the words "or long-term residence permit" shall be replaced by the words "long-term residence permit or permanent residence permit" and the words "or the application for permanent residence permit" shall be deleted;
11. In Paragraph 33, at the end of paragraph 1, the dot is replaced by "or 'and the following point (e) is added:
"(e) which, as a minor child of a foreigner residing in the territory on the basis of a permanent residence permit, has brought an action against a decision of the Ministry rejecting his application for a permanent residence permit pursuant to Paragraph 66 (1) (d) lodged in the territory, provided that he has at the same time submitted an application to grant the suspensive effect of that action."
12. in Article 34, the words "or (e)" shall be added at the end of the text of point (f);
13. In Paragraph 38 (2), the words "or, if a visa has been issued under Paragraph 33 (1) (d), the court has not given the action a suspensive effect 'are deleted.
14. In Paragraph 38, the following paragraph 3 is inserted after paragraph 2:
"(3) The Ministry shall revoke the validity of a visa for a stay of more than 90 days in order to remain in the territory granted under:
(a) Paragraph 33 (1) (d), where the court has ruled on an application to grant the suspensive effect of an action; or
(b) Paragraph 33 (1) (e), where the court has not given the action suspensory effect or where the court's decision to bring the action has acquired legal authority. "
Paragraph 3 shall become paragraph 4.
15. In Paragraph 38, at the end of the text of paragraph 4, the words "if not for the case where the court has given the action to a stranger a suspensive effect 'are added.
16. in Paragraph 42 (3):
"(3) In addition, the application for a long-term residence permit shall be entitled to submit to the holder of a long-term residence permit for the purpose of scientific research or studies pursuant to Article 64 (a), which intends to reside in the territory for the purpose of seeking employment or starting a business. The application shall be accompanied by the particulars referred to in Article 31 (1) (a), (d) and (e) and Article 42d (2) (c), a certificate of completion of the research activity issued by the research organisation, if it is the holder of a long-term residence permit for the purpose of scientific research, or proof of successful completion of the study, if it is the holder of a long-term residence permit for the purpose of studies, a proof of travel sickness insurance during the period of residence in a territory which complies with the conditions set out in Article 180j and, upon request, proof of payment of the insurance provided on the travel health insurance document; This shall not apply if the cases referred to in Paragraph 180j (4) are concerned. ';
17. In Paragraph 42 (5), the first sentence is replaced by "The application for a long-term residence permit referred to in paragraphs 1 to 4 shall be submitted to the Ministry. 'and the second sentence shall be deleted.
18. in Paragraph 42a, the following paragraph 3 is inserted after paragraph 2:
"(3) In addition, an application for a long-term residence permit for the purpose of cohabitation of a family shall be entitled to submit an alien in the capacity referred to in paragraph 1 (a), (b) or (c) to a stranger who has submitted an application for a long-term residence permit for the purpose of scientific research or for that purpose resides in the territory or has applied for a long-term residence permit for the reason set out in Article 42 (3). ';
Paragraphs 3 to 7 shall be renumbered paragraphs 4 to 8.
19. in Article 42a (7), the word "or" shall be deleted at the end of (c);
20. in Article 42a (7) (d), "§ 42k" is replaced by "§ 42f, 42k."
21. in Paragraph 42a, at the end of paragraph 7, the dot is replaced by "or" and the following point (e) is added:
"(e) it is a foreigner referred to in paragraph 1 (a), (b) or (c) and a foreigner with whom family reunification is to be allowed shall apply for a long-term residence permit for the purpose of scientific research or for that purpose shall reside or apply for a long-term residence permit for the reason referred to in Article 42 (3).";
22. in Paragraph 42b (1) (b), the word "credible" shall be deleted;
23. In § 42b (1) (d) (2), § 42c (3) (c), § 42c (6) first sentence, § 46 (7) (b), § 71 (1) first sentence, and in § 123 (4) (c) and (d) the word "credible" shall be deleted.
24. Footnote 9f reads:
"(f) Directive (EU) 2016 / 801 of the European Parliament and of the Council of 11 May 2016 on the conditions of entry and residence of third-country nationals for the purpose of research, studies, traineeships, volunteer services, pupil exchange programmes or educational projects and aupair activities. ';
25. In Paragraph 42d (1), the words "except for primary school, secondary school or conservatory education, which is not carried out in the framework of an exchange programme or professional practice carried out in return for payment" shall be deleted and the words "In the territory, the application may be lodged by the holder of a long-term residence permit for the purposes of studies issued by another Member State of the European Union, the holder of a long-term residence permit for another purpose or the holder of a visa for a stay of more than 90 days by the holder. The application may not be lodged in the Ministry's territory if the alien resides in the territory on a visa for a stay of more than 90 days for the purpose of a stay in the territory or for a long-stay permit for the purpose of a stay in the territory; This does not apply if there is a foreigner who has stayed on a visa for a stay of more than 90 days in order to remain in accordance with § 33 (1) (a) to (c) or § 33 (3) and subsequently resides in the territory on the basis of a long-term residence permit for the stay issued pursuant to § 43, if he stays continuously in the territory for at least 3 years. Furthermore, the application may not be lodged in the Ministry's territory if the alien is staying on a visa for more than 90 days for the purpose of seasonal employment. '
26. in Article 42d (2) of the introductory part of the provision, the words "as referred to in paragraph 1" shall be replaced by the words "for the purposes of studies under paragraphs 64 (a) to (d) and (g)."
27. in § 42d (2) (c):
"(c) to demonstrate the provision of means of residence in the territory (§ 13), or to demonstrate that its aggregate monthly income will not be less than the sum of the amount of living minima9d) and the maximum amount of the normative housing costs determined for the purpose of the housing allowance (Article 9 (e)), or the amount shown by the alien as the amount of actual justified costs incurred for housing, or that any costs associated with his residence will be reimbursed by the State authority, legal entity or domestic host organisation;";
28. in Paragraph 42d, the following paragraph 3 is inserted after paragraph 2:
"(3) In order to apply for a long-term residence permit for the purposes of studies pursuant to § 64 (1) (e) and (f), a stranger is required to submit the particulars referred to in § 31 (1) (a), (d) and (e), (2) (b), (c) and (d), and in the case of studies,
(a) under § 64 (e)
1. proof that he has obtained a university degree during the two years preceding the application, or that he is studying in a programme concluded with the university degree; and
2. an agreement with the host organisation on an internship involving theoretical and practical preparation; the traineeship agreement shall include a description of the training programme, including the educational objective or syllabus of teaching, the duration of the traineeship, the conditions of placement and supervision within the traineeship, the duration of the traineeship, and the legal relationship between the traineeship and the host organisation; or
(b) pursuant to Article 64 (f), an agreement with a host organisation containing a description of the European Voluntary Service or Voluntary Service programme and its duration, the conditions of location and supervision under the Programme, the number of hours that the volunteer is obliged to work, the amount of funds available to cover the cost of residence and accommodation and the minimum amount of allowance for the entire duration of the stay and, in the case of a voluntary service, a document proving that the host organisation or other body responsible for the Voluntary Service Programme has negotiated liability insurance. ';
Paragraph 3 shall become paragraph 4.
29. in the first sentence of Article 42f (1), the word "research29)" shall be replaced by the word "research9f";
30. In Article 42f (2), the sentence "The application for a long-term residence permit for the purpose of scientific research may also be submitted to the Ministry by the holder of a long-term residence permit issued by another Member State of the European Union for the purpose of scientific research which he intends to temporarily reside in the territory for the purpose of scientific research for more than 1 year."
31. in the first sentence of Article 42g (1), the words "at a post for which approval by the Ministry under paragraph 7 or 8 has been given" shall be replaced by the words "notified under the conditions set out in paragraphs 7 to 10 from the date indicated in the notification."
32. in Article 42g (3), second sentence, the words "statutory body," shall be deleted;
33. In the second sentence of Paragraph 42g (5), the words "for other purposes" shall be inserted after the words "During the stay on the territory of a visa for a stay exceeding 90 days or for a long-stay permit."
34. in § 42g paragraphs 7 to 11 read:
"(7) The holder of an employment card issued in accordance with paragraph 2 shall be required to notify the Ministry at least 30 days before such a change, of the change of employer, or of another employer's change of employment or employment. A change of employer shall be authorised by the holder of the employee card at the earliest six months from the legal authority of the decision to issue the employee card; This does not apply in the case of termination of employment by a stranger for one of the reasons set out in § 52 (a) to (e) of the Labour Code, by agreement for the same reasons, or by immediate cancellation pursuant to § 56 of the Labour Code or by cancellation of employment by an employer in probationary period, and if the alien proves those reasons at the same time as the notification. Furthermore, the holder of an employee card issued under paragraph 2 shall not be entitled to change the employer or to take up a job if the future employer is the employment agency. The holder of an employee card who has arrived in the territory on the basis of a government approved programme shall be entitled to change the employer not earlier than the end of the period for which the employee card was issued; This does not apply if the earlier change of employer allows the conditions of a government approved programme on the basis of which the holder of the employee card arrived in the territory. Furthermore, the holder of an employee card is not entitled to notify the change of employer after the expiry of the period referred to in Paragraph 63 (1).
(8) The notification referred to in paragraph 7 shall be made on the designated official form where the alien is required to indicate the name, surname, date of birth, nationality, required change, the name of the future employer, the telephone number of the future employer, whether the current and future employers are members of a government approved programme, the data on the new job vacancy held under the Employment Act in the central register of vacancies for holders of the employee card within the scope of the form and the exact date on which the change occurs. In addition, he shall be required to submit to the notification a document proving that his previous employment relationship lasts, or a document proving the date on which the relationship ended, a contract of employment, a contract of employment or a future contract of employment, showing that it is concluded in the notice of that employment position, which is entered in the central register of vacancies for holders of an employee card, and a statement by the future employer that the alien has the professional capacity to perform the required employment as referred to in paragraph 2 (c). The employment contract, employment agreement or future contract shall comply with the conditions set out in paragraph 2; this shall not apply where the notification of a change of employment to another employment position with the same or another employer is concerned.
(9) The Ministry shall, within 30 days of the date of notification referred to in paragraphs 7 and 8, inform the aliens and the future employer whether the conditions required for the change of employer, job assignment or employment have been met for another post with the same or another employer and whether he may be employed at that place. A notification which does not fulfil the conditions set out in paragraphs 7 and 8 shall be treated as if it had not been made. If, at the time referred to in Paragraph 63 (1), the holder of the employee card has delivered more than one notice of change to the Ministry, only the last of them shall be taken into account, the prior notification shall be treated as if it had not been made.
(10) Paragraphs 7 to 9 shall apply mutatis mutandis to holders of an employment card issued in accordance with paragraphs 3 and 4, provided that they notify the Ministry of the change of employer, employment assignment or employment to another post at the same or another employer at a job position maintained under the Employment Act in the central register of vacancies for holders of an employment card.
(11) Paragraphs 7 to 10 shall not apply in respect of a foreigner referred to in Section 98 of the Employment Act or a foreigner to whom a new employment permit is issued under the Employment Act, if required; the alien is obliged to notify the Ministry of this fact within 3 working days of the date on which it took place in the event of a change of employer or employment or another job position with the same or another employer. ';
35. in Article 42h (1), at the end of point (e), the word "a" shall be deleted; at the end of the paragraph, the dot shall be replaced by "a" and the following point (g) shall be added:
"(g) in the case of agency employment, a document containing the name, surname or surname, nationality, date and place of birth and residence of the alien, the type of work to be carried out by the alien as a member of temporary staff, the place of work with the user and the name and address of the user.";
36. In Paragraph 42i, at the end of paragraph 6, the dot is replaced by a comma and the following point (d) is added:
"(d) this is agency employment and is a type of work which cannot be provided by the Agency in the form of temporary secondment to work with the user."
37. in § 42j, the dot is replaced by a comma at the end of paragraph 1 and the following point (f) is added:
"(f) in the case of agency employment, a document containing the information referred to in Paragraph 42h (1) (g).";
38. in § 42k (2) (a), the words "establishment with registered office" are replaced by the words "establishment with location."
39. in Article 42k (5) and Article 42l (1) (d) (1), the words "or location" shall be inserted after the words "establishment with registered office."
40. in Paragraph 42k (6) (e), the text "paragraph 1 (a) to (c)" is replaced by "points (a) to (d)" and the words "or according to § 64 (1) (d) and (e)" shall be deleted;
41. In § 42n (3), first sentence, § 42n (6), § 42o (1) (e), § 44c (3) (a) and in § 44c (6) (f), the words "the statutory body," shall be deleted.
42. In § 42n (4) (d), § 42o (1) (k) and (l), § 44c (1) (c), § 44c (2), first sentence, § 44c (3) (b), and in § 44c (6) (e), (g) and (h), the words "statutory body" shall be deleted;
43. In Paragraph 44 (2), the words "after the acquisition of biometric data" are deleted.
44. in Article 44 (4), the following point (b) is inserted after point (a):
"(b) 9 months if it is a long-term stay under Paragraph 42 (3),"
Points (b) to (h) shall be renumbered (c) to (i).
45. in Article 44 (4) (c), the words "for the reasons set out in Article 64 (a) or (b)" shall be inserted after the words "studies."
46. in Article 44 (4), the following point (f) is inserted after point (e):
"(f) 2 years in the case of a long-term stay for the purposes of studies for the purposes of Article 64 (a) or (b), and in the case of a long-term stay for the purposes of scientific research, where such stay is carried out under European Union programmes or multilateral programmes involving mobility measures or under an agreement between 2 or more higher education institutions or institutions in another Member State of the European Union and institutions authorised to pursue higher education activities in the territory; in the event of failure to comply with the programme or agreement by a stranger for the entire duration of the programme or agreement, the procedure referred to in (a) or (c) shall be followed; ';
Points (f) to (i) shall be renumbered as points (g) to (j).
47. in Paragraph 44 (4) (h), the words "pursuant to § 42d" are replaced by the words "for the reasons set out in § 64 (f)."
48. in Paragraph 44 (4) (i), the words "for the purpose of scientific research, seeking employment or starting a business" shall be inserted after the word "worker."
49. In Article 44 (6), the words "or for the period laid down in the recognition authority's decision to permit the pursuit of a profession or professional practice 35 'shall be inserted after the word" activities'.
50. in Article 44a (1) (b), (b), (e) to (h) 'is replaced by "(c), (f), (g), (i) and (j)';
51. in Paragraph 44a (1) (c), "(c)" is replaced by "(d)."
52. in Article 44a (1) (d), the text "(d)" is replaced by "(e)."
53.In Paragraph 44a (2):
"(2) The validity of long-term residence permits pursuant to § 42 (3) or § 42d shall not be extended; This does not apply in the case of long-term residence permits pursuant to § 42d issued for the purpose of:
(a) participation in language and training as referred to in Article 64 (b), the validity of which may be extended once for the purpose of continuing such training; or
(b) studies at a university in accordance with § 64 (a), which may be renewed repeatedly but for a maximum period of two years. "
54. In the second sentence of Paragraph 44a (3), the text, § 46 (3) and (7), is inserted after the text "Paragraph 36."
55. in § 44a (6) of the introductory part of the provision, the words "under § 42d" are replaced by the words "for the reasons set out in § 64 (a) or (b)."
56. In § 44a (6) (c), the words "(§ 13), if it is a university or an unpaid professional practice; in other cases, the proof of that 'shall be replaced by" Article 42d (2) (c) or prove'.
57. in Paragraph 44a (8), the third sentence is deleted;
58. in Paragraph 44a (9), at the end of point (e), the word "a" shall be replaced by a comma, at the end of the paragraph the dot shall be replaced by "a" and the following point (g) shall be added:
"(g) in the case of agency employment, a document containing the information referred to in § 42h (1) (g).";
59. In the first sentence of Paragraph 44a (11), the words "and Article 46 (6) (d), (e) and (f)" shall be inserted after the words "Paragraph 42g (2) (a)," and at the end of paragraph 11, the words "If a notice has been made in the course of an application for renewal of an employment card pursuant to § 42g (7), (8) or (10), the alien shall be deemed to apply for an extension of the employment card on the basis of employment in the last reported position."
60. in the second sentence of Paragraph 44a (12), the words "and (f)" shall be inserted after the words "(d)."
(61) In Paragraph 44a, the sentence "In the case of an applicant for an employment card, the first sentence shall be deemed to have been fulfilled only if the applicant simultaneously submits a certificate to the Ministry issued by his employer showing that the applicant has entered the post to which the application for an employment card is made."
62. In the fourth sentence of Paragraph 45 (1), the words "to a stranger residing in the territory on the basis of a long-term residence permit pursuant to Article 42 (3) 'shall be inserted after the word" investment'.
63. In Paragraph 46, the sentence "Before the decision to refuse or extend the validity of a long-term residence permit for the purpose of studying in the territory referred to in § 42d or the decision to revoke that authorisation, the Ministry shall assess the adequacy of the effects of that decision in the private and family life of a stranger. 'is added at the end of paragraph 5.
64. In Article 46 (6), at the end of point (c), the word "or 'is deleted; at the end of the paragraph, the dot is replaced by a comma and the following points (e) and (f) are added:
"(e) where the alien has been engaged in illegal work; or
(f) in the case of agency employment, the type of work which the Agency cannot provide in the form of temporary secondment to work with the user. "
65.In Paragraph 46 (7) (e), the words "the statutory body of a commercial corporation or its member" shall be replaced by the words "a member of the statutory body of a commercial corporation."
66. in Article 46e (1), the words "for the reasons set out in Article 46 (6) (b), (d) or (e)" shall be inserted after the words "Paragraph 37."
67.In Article 47 (6) (b), "§ 42a (5)" is replaced by "§ 42a (6)."
68. In the second sentence of Paragraph 49 (1), the word "may 'shall be replaced by the words" shall be issued by means of an identification card and may be issued'.
69. In Part One, Title III, the words "or the territory of the Member States of the European Union 'shall be added at the end of the title of Part 5.
70. In Paragraph 50 (1) (a), the words "when a decision on an obligation to leave the territory or a decision establishing a new travel time" shall be inserted after the word "does not require."
71. § 50a, including the title, reads:
Decision on the obligation to leave the territory or territories of the Member States of the European Union
(1) A decision on the obligation to leave the territory of the police shall be taken by a stranger who:
(a) has entered or remained illegally in the territory and is to be transmitted under an international agreement negotiated with another Member State of the European Union before 13 January 2009; The same applies to foreigners who are to be transferred under the directly applicable European Union37) and who are allowed to travel voluntarily,
(b) holds a valid residence permit issued by another Member State of the European Union and resides in the territory illegally; This does not apply if, while staying in the territory, an alien could endanger the security of the State or seriously disturb public policy; or
(c) holds a valid residence permit issued by another Member State of the European Union and resides in a territory which has not been found to have grounds for issuing an administrative expulsion decision or where the result of an administrative expulsion decision would be disproportionate interference with its private and family life.
(2) Decisions on the obligation to leave the territory of the Member States of the European Union shall be taken by the police:
(a) foreigners aged 15 years or older who have not benefited from the possibility of voluntary return under the Asylum Act if:
1. the procedure for granting international protection has been terminated because the alien has not provided the data for the application for international protection; or
2. did not travel after the final termination of international protection proceedings or after the termination of the granting of international protection within the time limit specified in the exit order or within 30 days, unless an exit order has been issued by aliens;
(b) aliens who do not hold a valid residence permit issued by another Member State of the European Union and who reside in a territory which has not been found to have the grounds for a decision on administrative expulsion, or where the result of an administrative expulsion decision would be disproportionate interference in his private and family life; or
(c) aliens who do not hold a valid residence permit issued by another Member State of the European Union and who are residing in the territory illegally for whom no grounds for initiating administrative expulsion proceedings have been found.
(3) In the decisions referred to in paragraphs 1 and 2, the police shall set out the time to leave the territory or the territory of the Member States of the European Union within a period of 7 to 60 days. If the travel time should start running during the duration of the foreign security, that period shall start running from the end of the security. If a stranger is secured to travel during the period, the course of that period shall be interrupted by collateral. If, during the travel period, a stranger asks for a new travel period for the reasons set out in Paragraph 174a (2), the police shall issue a new decision in accordance with Section 101 of the Administrative Code setting a new travel period taking into account the duration of the reasons given. New travel time may be fixed for a maximum of 180 days.
(4) Where an alien is taken over without undue delay by another Member State on the basis of an international agreement negotiated with another Member State of the European Union before 13 January 2009, or if the alien returns voluntarily to the State in which he holds a valid residence permit, the police may waive the decision on the obligation to leave the territory.
(5) In proceedings concerning the obligation to leave the territory or territories of the Member States of the European Union, the decision shall be the first act in the proceedings; This shall not apply where a decision is taken pursuant to paragraph 1 (c) or paragraph 2 (b). The new administrative expulsion procedure shall be an obligation to leave the territory where the facts referred to in paragraph 1 (c) or paragraph 2 (b) are found. The police will inform of this stranger without undue delay. The time limit for the decision shall run from the date on which the alien was notified. ';
72. In Article 53 (1), the words "the representative office, unless otherwise provided for in this law, shall be inserted after the words" on. "
73. In Article 55, at the end of paragraph 1, the sentence "In the part of the proceedings before the representative office, the particulars referred to in Article 31 (1) (f) shall be presented in the original. ';
74. In Paragraph 56 (1), the word "or" shall be deleted at the end of point (l).
75. in Article 56 (1) (m), the words "the statutory body of a trading corporation or its member" shall be replaced by the words "a member of a trading corporation"; the words "a member" shall be inserted after the words "such as" and the words "or its member" shall be deleted;
76. In Article 56, at the end of paragraph 1, the dot is replaced by "or 'and the following point (n) is added:
"(n) the employer of a stranger is unreliable according to § 178f, if it is an exceptional work visa."
77.In Paragraph 63 (1), the words "to which the consent of the Ministry has been given under" shall be replaced by the words "notified under the conditions set out in" and "or 8" shall be replaced by the words "to 10."
78.In Article 63 (2) and (3):
"(2) Under the conditions laid down in paragraph 1, the residence permit referred to in Paragraph 47 (4) shall also cease if such authorisation has been created by the submission of an application for renewal of the employee card. In such a case, the Ministry shall suspend the application for renewal.
(3) Paragraph 1 shall not apply if, before the expiry of the period referred to in paragraph 1, an alien makes a notification pursuant to Paragraph 42g (7) or makes an application for a long-term residence permit for another purpose in accordance with the conditions laid down in this Act. ';
79. In Paragraph 64 (1) (a), the words "secondary education and higher vocational education in secondary education, conservatory or higher vocational education, registered in the register of schools and school establishments (10a), and" are deleted.
80.In Article 64 (1), the following point (c) is inserted after point (b):
"(c) secondary and higher vocational education in secondary education, conservatory or higher vocational schools, registered in the register of schools and educational establishments 10a) under an exchange programme carried out within the host organisation,"
Points (c) to (f) shall be renumbered (d) to (g).
81. In Paragraph 64 (1) (e), the words "professional experience for the acquisition of practical and professional experience by a stranger, carried out in a domestic host organisation at the time of his studies at a national or foreign university or at a maximum of 5 years" are replaced by the words "internship to acquire knowledge, experience and experience carried out by a stranger in a domestic host organisation at the time of his studies at a foreign university or within a maximum of 2 years."
82. In Paragraph 64 (1) (f), the words "professional practice and voluntary youth service" are replaced by the words "European voluntary service of a stranger."
83. Paragraph 64 (2) is deleted and paragraph 1 is deleted.
84. in Paragraph 68 (2) (e), the words "or study or training" shall be replaced by "or study."
85. in Paragraph 68 (2), the words' shall be added at the end of the text of point (f); however, this period shall not be counted if the alien was a member of the statutory body of the employer '.
86. In Article 68 (3), the words "or on an exceptional working visa 'shall be added at the end of the text of point (d).
87. In Article 69, at the end of the text of paragraph 4, the words "with the exception of a visa to stay more than 90 days in order to remain in the territory granted under Article 33 (1) (e) 'shall be added.
88. In the fourth sentence of Paragraph 71 (1), the words "tax returns' are replaced by the words" tax decisions'; at the end of the text of the fourth sentence, the words "for the last tax period 'are added and the fifth sentence is deleted.
89.In Paragraph 77 (1) (i):
"(i) a stranger in the Czech Republic has been convicted in 3 or more cases for committing an intentional offence, provided that the legal power of the last conviction has not expired for more than 1 year."
90. In Article 87c, at the end of the text of paragraph 1, the words "in the form of an identification card in accordance with Article 180b 'shall be added.
91. in Article 87h (2), at the end of point (a), the word "or" shall be deleted; at the end of the paragraph, the dot shall be replaced by "or" and the following point (c) shall be added:
Contents
ČÁST PRVNÍ
Čl. I
㤠31a
㤠50a
㤠123a
„HLAVA XIIIa
§ 155a
§ 155b
㤠168
㤠169f
㤠169u
㤠170c
㤠181b
Čl. II
ČÁST DRUHÁ
Čl. III
ČÁST TŘETÍ
Čl. IV
ČÁST ČTVRTÁ
Čl. V
ČÁST PÁTÁ
Čl. VI
ČÁST ŠESTÁ
Čl. VII
ČÁST SEDMÁ
Čl. VIII
ČÁST OSMÁ
Čl. IX
㤠87
㤠147ca
ČÁST DEVÁTÁ
Čl. X
Čl. XI
ČÁST DESÁTÁ
Čl. XII
ČÁST JEDENÁCTÁ
Čl. XIII
㤠30d
ČÁST DVANÁCTÁ
Čl. XIV
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Regulation Information
| Citation | Act No. 176 / 2019 Coll., amending Act No. 326 / 1999 Coll., on the residence of foreigners in the Czech Republic and on the amendment of certain laws, as amended, and other related laws |
|---|---|
| Regulation Type | Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 16.07.2019 |
|---|---|
| Effective from | 31.07.2019 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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