Act No. 217 / 2002 Coll.
Act amending 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. 329 / 1999 Coll., on travel documents and amending Act No. 283 / 1991 Coll., on the Police of the Czech Republic, as amended, (Act on travel documents), and Act No. 325 / 1999 Coll., on asylum and amending Act No. 283 / 1991 Coll., on the Police of the Czech Republic, as amended, (Act on asylum), as amended by Act No. 2 / 2002 Coll.
Valid
Law
Effective from 01.01.2003
Contents
ČÁST PRVNÍ
Čl. I
㤠15a
§ 29a
§ 29b
㤠73
§ 81
§ 82
§ 83
㤠84
㤠86
„HLAVA IVa
Díl 1
§ 87a
§ 87b
Díl 2
§ 87c
§ 87d
§ 87e
§ 87f
§ 87g
Díl 3
§ 87h
§ 87i
§ 87j
§ 87k
Díl 4
§ 87l
§ 87m
§ 87n
§ 87o
§ 87p
§ 87r
§ 87s
Díl 5
§ 87t
§ 87u
㤠173
㤠182a
ČÁST DRUHÁ
Čl. II
ČÁST TŘETÍ
Čl. III
㤠31a
㤠32
㤠34
㤠78b
§ 78c
§ 78d
ČÁST ČTVRTÁ
Čl. IV
ČÁST PÁTÁ
Čl. V
ČÁST ŠESTÁ
Čl. VI
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217
THE LAW
of 3 May 2002
amending 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. 329 / 1999 Coll., on travel documents and amending Act No. 283 / 1991 Coll., on the Police of the Czech Republic, as amended, (Act on travel documents), and Act No. 325 / 1999 Coll., on asylum and amending Act No. 283 / 1991 Coll., on the Police of the Czech Republic, as amended, (Act on asylum), as amended by Act No. 2 / 2002 Coll.
Parliament has decided on this law of the Czech Republic:
Amendment of the Aliens Residence Act
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., is amended as follows:
1. In Article 1, the following shall be added at the end of the text of paragraph 2: "including a citizen of the European Union1a '.
Footnote (1a):
"(1a) Treaty establishing the European Community."
2. In Article 1, paragraph 3 is added, including footnote (1b):
"(3) The arrangements for the entry, residence and travel of a citizen of the European Union1a) shall also apply to a citizen of a State bound by the Treaty on the European Economic Area, 1b) unless otherwise provided for in this Treaty.
(1b) Annexes V and VIII to the Treaty on the European Economic Area. '
3. In Article 2 (a), the words "this law or 'shall be inserted after the words" if'.
4. in Article 3 (2) (b), including footnote 3a, the following shall be added:
"(b) an international airport which is an external border under a specific legislation, 3a) if it fulfils the following conditions:
1. has been designated as an international airport under a special legislature4); and
2. the airport operator has complied with the safety conditions laid down in the specific legislation, 3a)
3a) Act No. 216 / 2002 Coll., on the Protection of State Borders of the Czech Republic and on the amendment of certain laws (Act on the Protection of State Borders). '.
5. in Article 3 (2), the following point (c) is inserted after point (b):
"(c) internal frontiers 3a) or ';
Point (c) shall be renumbered (d).
6. In Paragraph 4, the following sentence is added at the end of paragraph 1: "Border checks shall be carried out at the internal border in the event of a government decision to ensure internal border control under a specific legislation. 3a) '.
7. in § 5 (a) (2):
"2. a visa authorising a stay in the territory where a foreign visa requirement applies,"
8. In Article 6, the following paragraph 2 is inserted after paragraph 1:
"(2) The obligation to submit the document referred to in Article 5 (a) (3) to (6) and the obligation under Article 5 (b) to (d) shall not apply to a citizen of the European Union. 1a) '.
Paragraphs 2 to 7 shall be renumbered paragraphs 3 to 8.
9. in Paragraph 9 (1), the following point (d) is inserted after point (c), including footnote 5a:
"(d) is included in an information system established by States bound by international conventions on the elimination of checks at common borders, (5a) (hereinafter referred to as the" Contracting State ") in order to obtain an overview of aliens who cannot be allowed to enter the territory of the Contracting States (hereinafter referred to as the" Contracting States Information System "); This does not apply if a visa entitling aliens to stay in the territory is issued only;
(5a) The Agreement between the Governments of the States of the Benelux Economic Union, the Federal Republic of Germany and the French Republic on the gradual abolition of checks at common borders, signed at Schengen in the Grand Duchy of Luxembourg on 14 June 1985. The Convention signed in Schengen on 19 June 1990 between the Kingdom of Belgium, the Federal Republic of Germany, the French Republic, the Grand Duchy of Luxembourg and the Kingdom of the Netherlands for the implementation of the Agreement signed on 14 June 1985 on the gradual abolition of checks at common borders. '
Points (d) to (n) shall be renumbered as points (e) to (o).
10. in Article 9 (1), the following point (m) is inserted after point (l):
"(m) there is a reasonable risk that an alien may endanger his or her security or undermine public policy or the international relations of the Contracting States in his or her stay in the territory of another Contracting State;"
Points (m) to (o) shall be renumbered as points (n) to (p).
11. in Article 9 (1), point (n) shall be deleted;
Points (o) and (p) shall be renumbered as points (n) and (o).
12. in Article 9 (2), the words "not applicable if it is a citizen of the European Union, 1a)" shall be added at the end of point (a).
13. in Article 9 (2), the following point (b) is inserted after point (a):
"(b) there is a reasonable suspicion that the alien is suffering from a disease listed by the Ministry of Health (Section 182a) (" serious illness "),"
Points (b) and (c) shall be renumbered (c) and (d).
14. in Paragraph 9 (2), the words "or, if it is a citizen of the European Union1a" shall be added at the end of point (d).
15. in Article 9, the following paragraph 4 is added:
"(4) If the police refuse a citizen of the European Union1a) entry into the territory, they shall issue an administrative decision refusing entry. Similarly, in the case of a family member of a citizen of the European Union1a (§ 15a), if that citizen resides in the territory on the basis of a temporary residence permit or permanent residence permit (" special residence permit '). The decision referred to in the first sentence shall not be taken where the ground for refusal of entry is a final decision by the court on the expulsion penalty or a valid decision on administrative expulsion.';
16. in Article 11, "(f), (g), (h) or (i)" shall be replaced by "(g), (h), (i) or (j)";
17. In Paragraph 13, the following sentence is added at the end of paragraph 3: "The proof of residence may be replaced by a decision or a grant award contract obtained under an international agreement binding on the Czech Republic."
18. The following Section 15a is inserted after Section 15:
(1) A family member of a citizen of the European Union1a) means, for the purposes of this Act, his or her
(a) spouse,
(b) a child under 21, and
(c) an unprovided direct relative in the ascending or descending line or such a relative of a citizen of the European Union.
(2) If the purpose of a European Union citizen's stay is to study, only a spouse and a dependent child are family members.
(3) For the purposes of issuing a special residence permit, a stranger who:
(a) is constantly preparing for a future occupation;
(b) it cannot continuously prepare for a future occupation or pursue a gainful occupation for a disease or accident; or
(c) because of the long-term unfavourable health condition, he is unable to pursue a continuous gainful activity. "
19. in Article 17 (a), the word "or" shall be deleted;
20. In Article 17, at the end of point (b), the dot is replaced by "or '.
21. in Article 17, the following point (c) is added:
"(c) on the basis of a temporary residence permit."
22. in Article 17a, at the end of point (d), the dot is replaced by a comma and the following point (e) is added:
"(e) a visa issued by a Contracting State authorising its holder to reside in the territory of another Contracting State (hereinafter referred to as the Single Schengen Visa).";
23. in Article 18, the following point (c) is inserted after point (b):
"(c) if he is a citizen of the European Union, 1a) '.
Points (c) to (e) shall be renumbered as points (d) to (f).
24. in Paragraph 18 (d), the word "or" shall be deleted at the end of point 2.
25. in Paragraph 18 (d), at the end of point 3, the dot is replaced by "or."
26. in Paragraph 18 (d), the following point 4 is added:
'4. the holder of a document of residence in the territory of another Contracting State and the period of residence in the territory shall not exceed 3 months; ';
27. in Paragraph 19 (1), the words "not applicable if it is a citizen of the European Union1a" shall be added at the end of point (c).
28. In Paragraph 19 (1), the words "not applicable if it is a citizen of the European Union1a 'shall be added at the end of point (d).
29. in Paragraph 19 (1) (e), the words "this shall not apply if it is a citizen of the European Union, 1a) shall be inserted after the word" territory. "
30. In Article 20, the following sentence is added at the end of paragraph 5: "Where a visa is issued to a citizen of the European Union1a) or to a family member who is not a citizen of the European Union, 1a) the police shall determine the residence period for at least 15 days; If the alien was the holder of a special residence permit, the police shall determine the residence period for at least 1 month. The minimum duration condition shall not apply where there is a reasonable risk that an alien may, while on the territory of the State, seriously jeopardise the security of the State, or find himself suffering from a serious illness. ';
31. in Article 21 (d), the dot is replaced by a comma and the following point (e) is added:
"(e) proof of health insurance during the period of stay in the territory; This shall not apply if the alien is insured under special legislation (5) or if the reimbursement of medical costs is otherwise ensured. ';
32. In the second sentence of Article 24 (4), the words ", a document authorising residence in the territory of a Member State of the European Union or of a State bound by the Agreement on the European Economic Area 'shall be inserted after the word" passport'.
33. In Article 24, the following paragraph 5 is added:
"(5) The holder of a travel document for refugees or travel document in which the citizenship of a stranger is not indicated shall be considered as a citizen of the State which issued the travel document for the purposes of issuing an airport visa. ';
Article 34 (26a) is deleted.
35. In Paragraph 29, the words "and the health insurance document for the period of residence in the territory shall be added at the end of paragraph 3; This does not apply if the alien is insured under special legislation (5) or if the reimbursement of healthcare costs is otherwise ensured '.
36. After Paragraph 29, the following paragraphs 29a and 29b are inserted:
"Single Schengen visa
Single Schengen visa issued by the Czech Republic
(1) The Czech Republic shall grant a transit visa, an airport visa or a visa to stay within 90 days as a single Schengen visa if the following conditions are met:
(a) the alien is not included in the information system of the Contracting States;
(b) the Czech Republic is the object of its travel or, in the case of transit through the territory of the Contracting States, the first Contracting State to which it enters the visa; and
(c) the travel document to which the visa is to be affixed authorises entry into all Contracting States.
(2) Where the travel document authorises entry only into a Contracting State, the territorial validity of a single Schengen visa shall be limited to the territory of that Contracting State.
(3) If the conditions referred to in paragraph 1 are not fulfilled and the Czech Republic grants a visa permitting residence in the territory, the authority which issued the visa shall notify the other Contracting States thereof.
Single Schengen visa issued by another Contracting State
A uniform Schengen visa issued by another Contracting State authorises foreigners to stay in the Czech Republic for the period indicated therein. '
37. In Paragraph 31, the following paragraph 3 is inserted after paragraph 2:
"(3) Upon request from the representative office or the police, a stranger shall submit a medical report on the application referred to in paragraph 1 or 2 that he does not suffer from a serious illness. A medical report may be requested only if there are reasonable grounds for suspecting that he is suffering from a serious illness. '
Paragraph 3 shall become paragraph 4.
38. In the first sentence of Paragraph 33 (5), the words "for the last tax period 'are deleted.
39. in Paragraph 34 (2) (b), "(f), (g) or (h)" shall be replaced by "(g), (h) or (i)."
40. In Paragraph 51, the following paragraph 4 is added:
"(4) A visa may not be issued to a citizen of the European Union; (1a) this does not apply if it is a travel visa. '
41. In Paragraph 53, the present text becomes paragraph 1 and the following paragraph 2 is added:
"(2) The representative office shall refuse the application for a visa for a stay of more than 90 days if the alien does not submit the required particulars. He shall record the refusal, stating the reasons. '.
42. in Article 56 (1) (f), "(d) to (i), (k), (l) or (m)" shall be replaced by "(d) to (j), (l), (m) or (n) or (b) (9) (2)."
43. In Article 56, the following paragraph 3 is added:
"(3) The grounds referred to in paragraph 1 or 2 shall not be taken into account if the visa is issued in the interests of the Czech Republic or in order to fulfil an international obligation. ';
44. in Paragraph 61 (2) (d), "(f), (g) or (h)" is replaced by "(g), (h) or (i)."
45. in § 64 (a), the words "or doctoral study programme at university or research and development centres for this purpose accredited by the Ministry of Education, Youth and Sports" shall be deleted.
46. in Paragraph 64 (b):
"(b) participation in language and training for the study of an accredited university study programme organised by a public university, or participation in a language and professional course organised under a European Union programme or under an international contract;"
47. in Paragraph 64, the following point (e) is inserted after point (d):
"(e) professional experience and voluntary youth service intended to acquire the practical, professional experience of a stranger and carried out in a domestic host organisation, provided that they are carried out as part of a European Union programme or initiative project and are organised or coordinated by a national organisation accredited for this purpose by the Ministry of Education, Youth and Sports,"
Point (e) shall be renumbered as point (f).
48. In Paragraph 64a, the current text becomes paragraph 1 and the following paragraph 2 is added:
"(2) A residence permit may not be granted to a citizen of the European Union. 1a) '.
49. § 64b is deleted.
50. In Paragraph 70, the following paragraph 3 is inserted after paragraph 2:
"(3) Upon request from the representative office or the police, a stranger shall submit a medical report on the application referred to in paragraph 1 or 2 that he does not suffer from a serious illness. A medical report may be requested only if there are reasonable grounds for suspecting that he is suffering from a serious illness. '
Paragraph 3 shall become paragraph 4.
51. § 73, including footnote 11c, reads:
(1) The police will issue a residence permit in the form of an administrative decision.
(2) The police shall communicate without undue delay to the Central Registry the date on which the decision became final.
11c) § 27 of Act No. 592 / 1992 Coll., on Insurance for General Health Insurance, as amended. '
52. Paragraph 74 is deleted.
53.In Article 78 (1) (b) and (c):
"(b) the alien is registered in the register of undesirable persons,
(c) suffer from a serious illness; ';
54. in § 78 (1) (d), "(b) or (g)" is replaced by "(a) or (f)";
55. in Paragraph 78 (2), the following point (a) is added:
"(a) is included in the information system of the Contracting States,"
Points (a) and (b) shall be renumbered points (b) and (c).
56. In Paragraph 78, the following paragraph 3 is added:
"(3) The grounds referred to in paragraph 1 or 2 shall not be taken into account if the issue of a residence permit is in the interest of the Czech Republic or in the interest of fulfilling an international obligation; where the reason referred to in paragraph 2 (a) is concerned, the police must discuss the issue of a residence permit with the contracting State which has assigned the alien to the information system of the Contracting States and take into account in the proceedings the facts which led to that classification. In the case of a residence permit, it shall notify the Contracting State in accordance with the preceding sentence. ';
57. in Paragraph 80 (2), point (a) is deleted;
Points (b) to (i) shall be renumbered (a) to (h).
58. in Paragraph 80 (2) (d), the words "the card" shall be deleted;
59. Paragraph 81 to 83, including the headings, read:
"Certificate of residence
(1) The residence permit is a public document issued by the police proving its name, surname and other names, date and place of birth, nationality, passport number, address of place of registered residence in the territory, birth number and type of residence in the territory. The residence permit shall be issued as a separate document; a residence permit label may be affixed to the travel document instead of the issuing of this document.
(2) The residence permit shall be issued to a stranger over 15 years of age who has been granted a residence permit or a certificate of permanent residence in the territory, unless otherwise specified.
(3) The police will issue a residence permit without delay after the decision to grant a residence permit has become final, unless otherwise specified.
Data contained in the residence permit and its duration
(1) The residence permit shall contain the information referred to in Article 81 (1).
(2) If a registration document of the Czech Republic has been issued to a foreigner, the name and surname shall be indicated in the form indicated in that registration document. In other cases, the name, surname and other names of the alien shall be indicated in accordance with the form indicated by Latin in the travel document.
(3) The residence permit is issued for a period of 10 years; its period of validity may be renewed repeatedly by 10 years.
(1) The legal representative of a stranger under 15 years of age shall, unless otherwise specified, not earlier than 90 days and not later than 30 days before the age of 15 years, apply for a residence permit. The application shall be accompanied by a travel document and a photograph.
(2) The police shall draw up a residence permit within 30 days of the submission of the particulars referred to in paragraph 1.
(3) The police shall issue a residence permit issued by them not earlier than the day on which the stranger reaches the age of 15. '
60.
Extension of the validity of the residence permit
(1) The alien must ask the police to extend the validity of the residence permit within 90 days before the expiry of that period; where justified, the application may be submitted earlier.
(2) In the event that, within the period referred to in paragraph 1, the request prevents reasons from being made by an independent stranger, the alien shall be obliged to submit the request within 3 working days of the expiry of those grounds.
(3) 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 Section 80. '
61. § 86 reads:
A stranger who applies for a residence permit to be issued by a replacement for a lost, destroyed, stolen or damaged card shall be required to present photographs, travel document, damaged card or police confirmation of the theft of the card. The same procedure shall apply if it requests an extension of the validity period of the licence and this change cannot be indicated on the licence. ';
62. in Paragraph 87, the following paragraph 5 is inserted after paragraph 4:
Contents
ČÁST PRVNÍ
Čl. I
㤠15a
§ 29a
§ 29b
㤠73
§ 81
§ 82
§ 83
㤠84
㤠86
„HLAVA IVa
Díl 1
§ 87a
§ 87b
Díl 2
§ 87c
§ 87d
§ 87e
§ 87f
§ 87g
Díl 3
§ 87h
§ 87i
§ 87j
§ 87k
Díl 4
§ 87l
§ 87m
§ 87n
§ 87o
§ 87p
§ 87r
§ 87s
Díl 5
§ 87t
§ 87u
㤠173
㤠182a
ČÁST DRUHÁ
Čl. II
ČÁST TŘETÍ
Čl. III
㤠31a
㤠32
㤠34
㤠78b
§ 78c
§ 78d
ČÁST ČTVRTÁ
Čl. IV
ČÁST PÁTÁ
Čl. V
ČÁST ŠESTÁ
Čl. VI
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Regulation Information
| Citation | Act No. 217 / 2002 Coll., amending 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. 329 / 1999 Coll., on travel documents and amending Act No. 283 / 1991 Coll., on the Police of the Czech Republic, as amended (Act on travel documents), and Act No. 325 / 1999 Coll., on asylum and amending Act No. 283 / 1991 Coll., on the Police of the Czech Republic, as amended, (Act on asylum), as amended by Act No. 2 / 2002 Coll. |
|---|---|
| Regulation Type | Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 27.05.2002 |
|---|---|
| Effective from | 01.01.2003 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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