Act No 222 / 2003 Coll.
Act amending Act No. 326 / 1999 Coll., on the residence of foreigners in the Czech Republic and amending certain laws, as amended, Act No. 359 / 1999 Coll., on the Social Protection of Children, as amended, Act No. 325 / 1999 Coll., on Asylum and on the Amendment to Act No. 283 / 1991 Coll., on the Police of the Czech Republic, as amended, (Act on Asylum), as amended, and Act No. 48 / 1997 Coll., on Public Health Insurance and on the Amendment and Addition of Certain Related Acts, as amended
Valid
Law
Effective from 01.01.2004
Contents
ČÁST PRVNÍ
Čl. I
㤠7
§ 8
㤠17a
㤠17b
㤠28
„Díl 4
Oddíl 1
§ 30
§ 31
§ 32
§ 33
§ 34
§ 35
§ 36
§ 37
§ 38
§ 39
Oddíl 2
§ 40
§ 41
Oddíl 3
§ 42
§ 43
§ 44
§ 45
§ 46
§ 47
§ 48
Oddíl 4
§ 49
„Díl 5
§ 50
㤠54
㤠68
㤠69a
§ 69b
㤠93
㤠97
㤠105
§ 157a
§ 157b
㤠168
㤠176a
㤠180a
㤠180b
Čl. II
ČÁST DRUHÁ
Čl. III
ČÁST TŘETÍ
Čl. IV
ČÁST ČTVRTÁ
Čl. V
ČÁST PÁTÁ
Čl. VI
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222
THE LAW
of 26 June 2003
amending Act No. 326 / 1999 Coll., on the residence of foreigners in the territory of the Czech Republic and amending certain laws, as amended, Act No. 359 / 1999 Coll., on the Social Protection of Children, as amended, 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, and Act No. 48 / 1997 Coll., on Public Health Insurance and amending and supplementing certain related acts, as amended
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., Act No. 151 / 2002 Coll. and Act No. 217 / 2002 Coll., is amended as follows:
1. In Article 1 (3), the words "to a citizen of a State bound by an international treaty negotiated with the European Community (1b) shall be inserted after the words" to i ";
footnote (1b) is replaced by the following:
"(1b) For example, the Treaty of the European Communities and the Member States, of the one part, and the Swiss Confederation."
Footnote 1 (b) shall be renumbered footnote 1 (c), including the footnote reference.
2. In Article 2, at the end of point (b), the dot is replaced by a comma and the following point (c) is added:
"(c) has requested the Czech Republic to grant a residence permit for the purpose of granting temporary protection in the territory, and a foreigner residing in the territory on the basis of an authorisation granted for temporary protection, unless otherwise provided for by this Act or by special legislature3a.
3a) Act No. 221 / 2003 Coll., on the Temporary Protection of Foreigners. '
footnote (3a) shall be renumbered footnote (3b), including the footnote reference.
3. In Article 6 (4), the words "a visa for the purpose of receiving a residence permit (§ 75) or" shall be deleted.
4. In Article 6 (5), the words "long-term residence permit" shall be inserted after the word "validity."
Article 5 (7) and (8) read:
(1) Police in the framework of border control of a stranger who has applied for asylum in the transit area of an international airport, and in the decision not to grant it, a roadblock has been declared (2)
(a) to issue a visa for residence within 90 days authorising a foreigner to stay in the territory for 15 working days from the date of issue of the visa and to place that visa on the travel document;
(b) the aliens issue a border guide, if they cannot produce a travel document, and mark the visa referred to in (a);
(c) draw the alien's attention to his duty to appear at the police for the purpose of issuing a visa in order to remain in the territory.
(2) Paragraph 1 does not apply if facts have been found suggesting that a stranger may compromise the security of the State while he is in the territory, in particular in view of the fact that he has used force to pursue political objectives or his activities to threaten the foundations of a democratic state, or if he is an unwanted person.
(1) Aliens who enter the territory for the purpose of issuing a visa in order to remain in the territory shall not be required to submit the document referred to in Articles 5 (a) (2) to (6) and 5 (b).
(2) A stranger who is unable to produce a travel document at the time of border inspection shall be required to prove the identity of another officially issued document or an affidavit stating his name and surname, date and place of birth and citizenship. "
6. In Article 7 (1) (c), the words "to stay more than 90 days' shall be inserted after the word" visa '.
7. In Article 8 (1), the words "to stay more than 90 days' shall be inserted after the word" visa '.
8. In Article 9 (1), the words "; the police shall indicate the revocation of the visa 'shall be added at the end of the text in point (b).
9. in Paragraph 9 (1) (g), "(e)" is replaced by "(f)";
10. In the second sentence of Article 9 (4), the words "national of the Czech Republic 1) or family of the Czech Republic 'are inserted after the word" national'.
11. in Article 9, the following paragraph 5 is added:
"(5) Where the police refuse entry into the territory of a stranger to whom a visa has been issued under this law, for the reason referred to in paragraph 1 (c), (d), (g) to (m) or (n), the police shall revoke the visa and indicate it in the visa. ';
12. Article 10 shall be deleted;
13. In Article 17, the word "or 'shall be deleted at the end of point (b).
14. In Article 17, at the end of point (c), the dot is replaced by "or 'and the following point (d) is added:
"(d) on the basis of an exit order."
15.
Short-stay visas
A short-term visa is
(a) airport visa - type A visa,
(b) transit visa - type B visa,
c) visa for stay within 90 days - visa type C,
(d) a type A, B or C visa issued by a Contracting State authorising its holder to stay in the territory of another Contracting State (hereinafter referred to as the Single Schengen Visa). ';
16.
Long-term visas
The long-term visa is
(a) visa for stay over 90 days - type D visa,
(b) a D or D + C visa issued by a Contracting State authorising its holder to stay in the territory of another Contracting State (hereinafter referred to as the "long-term visa of the Contracting States"). "
17. in Paragraph 18, at the end of point (b), the word "or" shall be deleted;
18. in Paragraph 18 (d) (4), the words "authorisation to" are replaced by the words "long-term or permanent permit."
19. in Article 19 (2), the words "(a)" shall be deleted;
20. In Paragraph 19 (3), the word "visa 'is replaced by" order', the word "visa 'is replaced by" command' and the word "visa 'is replaced by the word" command'.
21. in Paragraph 19, the following paragraph 4 is added:
"(4) At the end of the stay of a citizen of the European Union1a), the police shall proceed in accordance with Paragraph 50 (6). Similarly, it is also progressing in the case of a family member of a European Union citizen. 1a) '.
22. Sections 20 and 21 are deleted, including the headings.
23. in Paragraph 22, the following paragraph 2 is inserted after paragraph 1:
"(2) The transit visa shall entitle the stranger to transit through the territory of one State in the territory of another. '
Paragraphs 2 to 4 shall become paragraphs 3 to 5.
24. In Paragraph 22 (3), the words "180 days' are replaced by the words" shall be determined according to the expected number of journeys within the territory but not more than 6 months'.
25. Paragraph 22 (5) reads:
"(5) An application for a transit visa may be lodged at a border crossing point if, for unforeseen serious reasons, an alien could not apply to the representative office and applies for a visa for humanitarian reasons, for the interest of the Czech Republic, on the basis of international obligations or other serious reasons. In such cases, the visa is issued and marked by the police on the travel document. '
26. in Paragraph 23 (2):
"(2) When submitting an application pursuant to Paragraph 22 (5), the alien shall also be obliged to prove the reasons on the basis of which he applies for a visa at the border crossing point; if the request is based on a request for an aircraft not landing on the territory, the alien does not submit a photograph to the application. ';
27. in Paragraph 24 (2), the words "90 days" shall be replaced by the words "shall be determined according to the expected number of stays in the transit area of an international airport within the territory but for no more than 3 months."
28. In Paragraph 24 (4), the words "paragraph 1 'shall be inserted after the words" 182'.
29. in Paragraph 24 (4), the words "official or special passport" shall be replaced by the words "official passport" and the words "aircraft" shall be added after the words "aircraft" if he is a national of a State bound by the Convention on International Civil Aviation (7b). "
Footnote 7b:
"7b) Convention on International Civil Aviation, published under No 147 / 1947 Coll. '
30. In Paragraph 26 (2), the words "180 days' are replaced by the words" shall be determined according to the expected number of journeys within the territory, but not more than 1 year '.
31. in the second sentence of Article 26 (4), '90 days' is replaced by '3 months';
32. in Paragraph 26 (5):
"(5) An application for a visa to stay within 90 days may be submitted to the police at the border crossing point if, for unforeseen serious reasons, an alien could not apply to the representative office and applied for a visa for humanitarian reasons, for the interest of the Czech Republic, on the basis of international obligations or other serious reasons. '
33.In Article 26 (6), "5 days" is replaced by "15 days."
Article 34 (28) reads:
When submitting an application pursuant to § 26 (5), an alien is required to present a travel document and, upon request, to provide proof of the means of residence in the territory (§ 13), to demonstrate the cost of leaving the territory (§ 12) and to provide photographs. Furthermore, the alien shall be obliged to prove the reasons on the basis of which he applies for a visa at the border crossing point. '
35. in the second sentence of Paragraph 29 (1), "90 days" is replaced by "3 months."
36. In Article 29 (2), the words "where there are no grounds for considering or requesting a change in the purpose of the stay in the territory or 'shall be inserted after the word" extension'.
37. in Article 29a, the following paragraph 2 is inserted after paragraph 1:
"(2) The total period of stay of a stranger in the territory of the Contracting States may not exceed 3 months within 6 months of the date of first entry into the territory of those States."
Paragraphs 2 and 3 shall become paragraphs 3 and 4.
38. In Article 29a, the following paragraph 5 is added:
"(5) A uniform Schengen visa issued by another Contracting State on behalf of the Czech Republic shall be deemed to be a visa issued by the Czech Republic. '
39. in Title III, Part 4, including the title and footnotes 9) and 9a) read:
Transitional stay on long-stay visa or long-stay permit
Visa for stay over 90 days
(1) A visa for a stay of more than 90 days is issued by the police at the request of a foreigner who intends to stay in the territory for the purpose of requiring stay in the territory for more than 3 months.
(2) The visa for residence over 90 days is also granted to foreigners for the purpose of taking over the residence permit or for the purpose of applying for a long-term residence permit issued by the Ministry of Foreign Affairs (§ 49).
(3) The visa referred to in paragraph 1 shall be issued with a period of validity of 1 year, a visa referred to in paragraph 2 with a period of validity of 6 months.
(4) A visa of more than 90 days for the purpose of receiving a residence permit entitles a foreigner to stay on the territory for 3 working days; a visa for the purpose of applying for a long-term residence permit issued by the Ministry of Foreign Affairs authorises a residence for 30 working days. In the event that the acceptance of a residence permit or the application for a long-term residence permit issued by the Ministry of Foreign Affairs is prevented by reasons of the will of an independent stranger, the period of stay after the entry of the alien into the territory shall be deemed to be extended until such reasons have ceased to exist. The alien shall be obliged, following the termination of the grounds referred to in the previous sentence, to notify the police without delay if the visa is issued for the purpose of taking over the 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.
(5) The police shall issue a visa for stay over 90 days as a long-stay visa for Contracting States of type D + C if the conditions set out in § 29a (1) and (3) are met.
Forms of visa application for stay over 90 days
(1) An alien is obliged to submit a visa application for stay over 90 days
(a) the travel document;
(b) a document confirming the purpose of the stay in the territory;
(c) means of residence within the territory (§ 13);
(d) proof of accommodation during stay on the territory;
(e) an extract from the record of the Register of Penalties as a basis for assessing criminal integrity (§ 174); This does not apply in the case of a stranger under the age of 15,
(f) photographs.
(2) An alien shall be obliged to submit the employment permit and the particulars referred to in paragraph 1 (a), (d), (e) and (f) for an application for a visa for a stay of more than 90 days for the purpose of employment.
(3) The obligation to submit an extract from the Register of Penalties shall be deemed to have been fulfilled if the alien submits a request for such an extract to the representative office and agrees to send it to the police.
(4) A stranger is also obliged to submit a visa application for a stay of more than 90 days on request
(a) a document similar to the extract from the Register of Penalties as a basis for the assessment of criminal conduct (§ 174) issued by the State of which the alien is a national citizen, as well as the States in which the alien has remained continuously for more than 6 months over the last 3 years, or a declaration of honour where that State does not issue such document; the document cannot be required of a stranger under the age of 15;
(b) 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.
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 long-term residence permit or residence permit or a visa of over 90 days or a national citizen of the Czech Republic.
(2) An application for a visa for a stay of more than 90 days for a stay in the territory may be lodged in the territory of the police with regard to foreigners,
(a) which is prevented from leaving the territory by an independent obstacle;
(b) whose travel is not possible (§ 179); or
(c) which has brought an action or an appeal in respect of temporary protection under special legislation (9) and where such action or an appeal has been granted suspensive effect by a judgment of the Court under a special law. 9)
(3) In cases where an application is made pursuant to paragraph 1 (a) or (b), the obligation of a stranger to submit a document pursuant to Paragraph 31 (4) (a) shall not apply.
(4) The visa for stay over 90 days is marked by the police on the travel document.
Visa for stay over 90 days for the purpose of staying in the territory
(1) The police shall issue a visa for a stay of more than 90 days in order to remain in the territory in the cases referred to in Section 32 (2).
(2) The period of validity of a visa for a stay of more than 90 days for the purpose of continuing in the territory of the police shall be fixed for a period of no more than one year.
(3) An alien who has been granted a visa for stay over 90 days for the purpose of maintaining his stay in the territory for the reason provided for in Article 32 (2) (a) must prove, at the request of the police, that the obstacle to leaving the territory continues; If such proof is prevented by an obstacle to the will of an independent stranger, the proof may be replaced by an honorable declaration.
Forms of application for a visa to stay over 90 days for the purpose of staying in the territory
An alien shall be obliged to submit a visa for a stay of more than 90 days in order to remain in the territory.
(a) a travel document, provided that the travel document is the holder and that the period of validity of the travel document has not elapsed;
(b) a certified copy of the document confirming the existence of the grounds referred to in Article 32 (2) (a) or (c); if it is unable to produce such a document on grounds of its independence, that document may be replaced by an honest declaration,
(c) photographs.
Extension of stay in the territory on a visa for stay over 90 days
(1) The period of residence in a territory which is less than the period of validity of a visa for a stay of more than 90 days shall, at the request of a stranger, be extended repeatedly by the police, provided that the same purpose for which the visa was issued is maintained, but no longer than the period of expiry of that visa.
(2) An alien shall be obliged to submit the particulars referred to in § 31, with the exception of those referred to in § 31 (1) (f) and § 31 (4) (a) for an extension of his stay in the territory for a visa over 90 days.
(3) The period of residence on the territory of a visa for a stay of more than 90 days cannot be extended if the police find the reason for initiating the procedure for the revocation of that visa (§ 37).
Extension of the period of validity of the visa and stay in the territory on a visa for a stay of more than 90 days for the purpose of the stay in the territory
(1) An alien shall be required to submit the particulars referred to in paragraphs 34 (a) and (b) for an application for an extension of the visa period and stay on a visa for more than 90 days in order to remain in the territory, and in the event of a change in the form at the request of the police and photographs.
(2) The period of validity of the visa and the period of residence on the territory for a stay of more than 90 days for the purpose of maintaining residence in the territory cannot be extended if the police find a reason to initiate the procedure for the revocation of the visa (§ 38).
Cancellation of visa for stay over 90 days
(1) Police cancel the validity of a visa to stay over 90 days if a stranger
(a) he has been convicted of a criminal offence by force;
(b) fails to fulfil the purpose for which the visa was issued; or
(c) request the visa to be revoked.
(2) The police will also cancel the validity of a visa for stay over 90 days if:
(a) the alien entered false information in the visa application or provided falsified or amended documents for the application;
(b) the alien no longer fulfils any of the conditions for issuing a visa;
(c) the police, in the course of a stay check (§ 167 (d)), shall ascertain the facts referred to in § 9 (1) (g), (h) or (i); and
1. the alien does not submit a certificate within the time limit set by the police that he has requested a new travel document; or
2. although there is a reason for issuing a foreign passport or identity card, the alien does not request the issue of this travel document to the police,
(d) the travel document of the alien has been declared invalid or stolen by the authority of the State which issued it and the alien does not submit the certificate referred to in (c) (1) or for the reason referred to in (c) (2);
(e) the alien has failed to fulfil his obligation under Paragraph 88 (2); or
(f) another Contracting State has decided to expel a stranger from its territory, 9a)
provided that the consequences of this Decision are reasonable 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.
(3) In a decision repealing a visa for a stay of more than 90 days, the police will set a time limit for leaving the territory and give a travel order to the aliens; the alien is obliged to leave the territory within the prescribed time limit.
Cancellation of a visa for stay over 90 days for the purpose of staying on the territory
(1) An alien is required to apply for the revocation of a visa for a stay of more than 90 days in order to remain in the territory granted for a reason under Paragraph 32 (2) (a) no later than 3 days after the entry into force of the travel obstacle and, in the case of a visa issued for a reason under Section 32 (2) (b), without undue delay, no later than 60 days after the expiry of the travel obstacle.
(2) The police shall revoke a visa for a stay of more than 90 days in order to remain in the territory if the reasons for which the visa was issued have elapsed and the alien has not requested the visa to be revoked within the period referred to in the preceding paragraph.
(3) In a decision to revoke a visa to stay more than 90 days in order to remain in the territory, the police will set a time limit for leaving the territory and give a travel order to the alien; the alien is obliged to leave the territory within the prescribed time limit.
Long-stay visa of Contracting States
(1) A long-term D + C visa entitles foreigners to stay in the Czech Republic for a maximum period of 3 months from the date of its validity.
(2) Long-stay visa for Contracting States of type D entitles foreigners to stay on the territory of the Czech Republic similarly to a transit visa (§ 22) within 3 months of its date of validity.
Transitional stay on diplomatic visa and special visa
(1) Diplomatic visa means an airport visa, a transit visa, a visa for a stay of up to 90 days or a visa for a stay of more than 90 days granted by aliens on official request and marked as "Diplomatic visa '. A diplomatic visa may be affixed to a diplomatic passport or other travel document of a stranger enjoying the privileges and immunities concerned.
(2) Special visa means an airport visa, a transit visa, a visa for a stay of up to 90 days or a visa for a stay of more than 90 days, granted by aliens on an official request and marked "Special visa '. A special visa may be affixed to the service passport or other travel document of a stranger enjoying the privileges and immunities in question.
(3) An alien is required to submit a travel document and photographs for an application for a diplomatic or special visa.
(4) The representative office grants diplomatic visas and special visas abroad.
(5) The Ministry of Foreign Affairs grants and marks diplomatic visas and special visas in the territory.
Contents
ČÁST PRVNÍ
Čl. I
㤠7
§ 8
㤠17a
㤠17b
㤠28
„Díl 4
Oddíl 1
§ 30
§ 31
§ 32
§ 33
§ 34
§ 35
§ 36
§ 37
§ 38
§ 39
Oddíl 2
§ 40
§ 41
Oddíl 3
§ 42
§ 43
§ 44
§ 45
§ 46
§ 47
§ 48
Oddíl 4
§ 49
„Díl 5
§ 50
㤠54
㤠68
㤠69a
§ 69b
㤠93
㤠97
㤠105
§ 157a
§ 157b
㤠168
㤠176a
㤠180a
㤠180b
Čl. II
ČÁST DRUHÁ
Čl. III
ČÁST TŘETÍ
Čl. IV
ČÁST ČTVRTÁ
Čl. V
ČÁST PÁTÁ
Čl. VI
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Regulation Information
| Citation | Act No. 222 / 2003 Coll., amending Act No. 326 / 1999 Coll., on the residence of foreigners in the Czech Republic and amending certain laws, as amended, Act No. 359 / 1999 Coll., on the Social Protection of Children, as amended, Act No. 325 / 1999 Coll., on Asylum and Amendment to Act No. 283 / 1991 Coll., on the Police of the Czech Republic, as amended (Act on Asylum), as amended, and Act No. 48 / 1997 Coll., on Public Health Insurance and on the Amendment and Addition of Certain Related Acts, as amended |
|---|---|
| Regulation Type | Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 31.07.2003 |
|---|---|
| Effective from | 01.01.2004 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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