What is Act No 222 / 2017 Coll.?

Act No. 222 / 2017 Coll., 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 — 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.

When it became Act No 222 / 2017 Coll. effectiveness?

Act No 222 / 2017 Coll. became effective 15.08.2017.

Is Act No 222 / 2017 Coll. still valid?

Yes, Act No 222 / 2017 Coll. is still valid and effective.

How many times was it Act No 222 / 2017 Coll. amended?

Act No 222 / 2017 Coll. has 5 time versions of the text.

Act No 222 / 2017 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 15.08.2017

Text versions: 01.01.2026 01.08.2018 15.08.2017 31.07.2017

ČÁST PRVNÍ Čl. I „§ 1 „§ 21 „§ 32 „§ 35a „§ 37a „§ 42k § 42l § 42m § 42n § 42o § 42p „§ 44b § 44c „§ 46g „§ 54 „§ 60 „§ 63 „§ 87b „§ 87w „§ 169 „§ 169a § 169b § 169c § 169d § 169e § 169f § 169g § 169h § 169i § 169j § 169k § 169l § 169m § 169n § 169o § 169p § 169q § 169r § 169s § 169t „§ 170 „§ 172a „§ 178e § 178f „§ 181a Čl. II ČÁST DRUHÁ Čl. III ČÁST TŘETÍ Čl. IV „§ 16c ČÁST ČTVRTÁ Čl. V ČÁST PÁTÁ Čl. VI „§ 33a ČÁST ŠESTÁ Čl. VII ČÁST SEDMÁ Čl. VIII ČÁST DEVÁTÁ Čl. X ČÁST DESÁTÁ Čl. XI ČÁST JEDENÁCTÁ Čl. XII „§ 5a „§ 96 „§ 99 Čl. XIII ČÁST DVANÁCTÁ Čl. XIV ČÁST TŘINÁCTÁ Čl. XV Čl. XVI ČÁST ČTRNÁCTÁ Čl. XVII ČÁST PATNÁCTÁ Čl. XVIII ČÁST ŠESTNÁCTÁ Čl. XIX ČÁST SEDMNÁCTÁ Čl. XX ČÁST OSMNÁCTÁ Čl. XXI

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222

THE LAW

of 27 June 2017

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:

ČÁST PRVNÍ

Amendment of the Act on the residence of foreigners in the Czech Republic

Čl. I

Act No. 13 / 2011, 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 / 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.

1. Article 1, including the title and footnotes 1 to 1d, reads:

„§ 1

Subject matter

(1) This Act, following the directly applicable regulation of the European Union1, regulates the conditions for the entry of a stranger into the territory of the Czech Republic (hereinafter referred to as "the territory") and the travel of a stranger from the territory, lays down the conditions for the residence of a stranger in the territory and defines the competence of the Police of the Czech Republic (hereinafter referred to as "the police"), the Ministry of Interior (hereinafter referred to as "the Ministry of Foreign Affairs") and the Ministry of State Administration in this area.

(2) Alien means a natural person who is not a citizen of the Czech Republic (1a), including a citizen of the European Union1b).

(3) The provisions of this law applicable to a citizen of the European Union shall also apply to a citizen of a State which is bound by an international treaty negotiated with the European Union (1c), which implies that he is entitled to free movement equivalent to that of a citizen of the European Union or a citizen of a State bound by the Agreement on the European Economic Area (1d).

(1) Regulation (EU) 2016 / 399 of the European Parliament and of the Council of 9 March 2016 establishing a Union code on rules governing the movement of persons across borders (Schengen Borders Code).

1a) Act No. 186 / 2013 Coll., on citizenship of the Czech Republic and amending certain laws (Act on citizenship of the Czech Republic).

(1b) Treaty on the Functioning of the European Union.

(1c) For example, the Agreement between the European Community and its Member States, of the one part, and the Swiss Confederation, of the other part, on the free movement of persons.

1d) Annexes V and VIII to the Agreement on the European Economic Area and Decision of the EEA Joint Committee No 158 / 2007 of 7 December 2007 amending Annex V (Free movement of workers) and Annex VIII (Right of establishment) to the EEA Agreement. '

2. In Article 20 (3), the words "the period of validity of a short-stay visa or" shall be inserted after the word "extension."

3. In Article 20 (4), the words "in the territory he intends to travel with or to travel with this citizen of the European Union, who is already" shall be replaced by "in the territory of the European Union he intends to accompany or follow the citizen of the European Union who".

4. Paragraph 20 (5) reads as follows:

"(5) An alien who applies for a short-stay visa as a family member of a citizen of the European Union and himself is not a citizen of the European Union and intends to accompany a citizen of the European Union in the territory or to follow a citizen of the European Union residing in the territory shall not be granted a short-stay visa if:

(a) submit a forged or amended travel document;

(b) it does not meet the requirements of the measure before the introduction of the infectious disease;

(c) there is a reasonable risk that, while staying in the territory, the security of the State or the serious disturbance of public policy may be compromised;

(d) it is included in the information system of the Contracting States and the competent authority which has included the member of the family in that system shall provide additional information which may, after evaluation, be considered to pose a reasonable risk that, while staying in the territory of another Contracting State, he or she may jeopardise his or her safety or seriously undermine public policy;

(e) he has committed circumvention of this law in order to obtain a visa for residence in the territory, in particular where he has entered into a marriage or his or her assigned consent for paternity,

(f) has committed fraudulent acts in order to obtain a visa for residence in the territory; or

(g) is not a family member of a European Union citizen referred to in Article 15a or of a European Union citizen who does not accompany or follow. ';

5. In the first sentence of Article 20 (6), the words "a member of the family of a citizen of the European Union who is not a citizen of the European Union himself and intends to travel together with that citizen of the European Union or to travel to that citizen who is already residing in the territory 'shall be replaced by the words" a stranger referred to in paragraph 5'.

6. Paragraph 21, including the title and footnote 54, reads as follows:

„§ 21

Short-stay visa for seasonal employment

(1) For short-term visas (27) for the purpose of seasonal employment (54), Sections 32 (2) (c), (d) and (e), 32 (3) and 58 (4) shall apply mutatis mutandis.

(2) The application of a foreigner who has received at least one short-stay visa for the purpose of seasonal employment during the five years preceding the submission of the application, shall be assessed by the representative office in preference to the applications of aliens who first apply for the visa for the same purpose. This does not apply if the validity of any of these visas has been revoked, unless this is only due to a breach of the employer's obligation.

(54) Directive 2014 / 36 / EU of the European Parliament and of the Council of 26 February 2014 on the conditions of entry and residence of third-country nationals for employment as seasonal workers. ';

7. In Paragraph 30 (1), at the end of the second sentence, the words "that is not the case if it is a stranger who applies for a visa to stay over 90 days for the purpose of seasonal employment 'are added.

8. In Article 30 (2), the words "permanent residence permit, long-term residence permit for the purpose of coexistence of family, study or scientific research, long-term residence permit issued pursuant to § 42 (3), § 42g or § 42i 'are replaced by the words" relevant residence permit'.

9. Paragraph 30 (3) reads as follows:

"(3) The visa referred to in paragraph 1 shall be issued with a period of validity and a period of stay within the territory for a maximum period of 1 year, except for a visa of more than 90 days for the purpose of seasonal employment, the visa referred to in paragraph 2 shall be granted with a period of validity of 6 months. ';

10. In the first and fourth sentences of Paragraph 30 (4), the words "long-term residence permit for the purpose of coexistence of family, study or scientific research, long-term residence permit issued pursuant to § 42 (3), § 42g or § 42i or permanent residence permit 'are replaced by the words" relevant residence permit' and in the third sentence, the word "permit 'is replaced by the words" residence permit'.

11. Article 32, including the title:

„§ 32

Visa for stay over 90 days for seasonal employment

(1) A visa for a stay of more than 90 days for the purpose of seasonal employment is issued by the Ministry at the request of a foreigner who intends to reside in the territory for the purpose of carrying out an activity dependent on an annual period, and has been granted an employment permit pursuant to Article 96 (1) of the Employment Act for that purpose and requires the residence of a stranger in the territory for more than 90 days.

(2) An alien is obliged to submit a visa application for a stay of more than 90 days for the purpose of seasonal employment

(a) the travel document;

(b) the requirement referred to in Article 31 (1) (e) and, on request, the requirement referred to in Article 31 (4);

(c) a permit to work pursuant to Section 96 (1) of the Employment Act or a reference number of the application for such authorisation, and for which the regional or regional offices or branches for the capital of Prague of the Czech Labour Office have requested such authorisation,

(d) proof of accommodation for the period of stay on the territory of that visa; and

(e) the employer's certificate of the agreed amount of salary, salary or remuneration, provided that foreigners are provided or are provided by the employer.

(3) Paragraph 31 (6) shall apply mutatis mutandis to the proof of accommodation referred to in paragraph 2 (d). Where accommodation is provided or facilitated by the employer, proof of accommodation must result in compliance with the conditions for accommodation provided for in Section 100 (d), in particular the size of the floor area of the room and the number of persons accommodated, and an indication of the amount of payment or of the provision of accommodation free of charge; the amount of payment for accommodation must not be excessive in such a case compared to the agreed salary, salary or remuneration of the stranger and to the level of such accommodation.

(4) A stay visa of more than 90 days for the purpose of seasonal employment shall be issued with a period of validity and a stay period of no more than 6 months.

(5) The application of a foreigner who has received at least one visa for stay over 90 days for seasonal employment during the five years preceding the application, shall be assessed by the Ministry first before the applications of aliens who apply for a visa for the same purpose; This does not apply if the validity of any of these visas has been revoked, unless this is only due to a breach of the employer's obligation.

(6) Paragraph 31 (7) shall apply mutatis mutandis to a visa for stay over 90 days for the purpose of seasonal employment. '

12. in Article 33 (1) (c), the words "Title IV" shall be inserted after the words "permanent residence" and the words "Article 69" shall be deleted;

13. The heading of Section 35 reads:

"Extension of the period of validity of a visa to stay over 90 days and the period of residence on the territory of that visa '.

14. in Paragraph 35 (1):

"(1) The period of validity of a visa for a stay of more than 90 days and the period of stay on the territory of that visa, which is less than 1 year, shall be extended by the Ministry repeatedly, at the request of a stranger, on condition that the same purpose of residence is maintained, but not more than 1 year. ';

15. In Paragraph 35 (2), the first sentence shall be replaced by the sentence "The application for an extension of the period of validity of a visa to stay beyond 90 days and the period of stay on the territory of that visa shall be subject to the presentation of the particulars referred to in § 31 (1) (a) to (d) and, on request, the particulars referred to in § 31 (4) (b)."

16. In Article 35 (3), the words "stay on the territory of a visa for a stay of more than 90 days' are replaced by the words" validity of a visa for a stay of more than 90 days and the period of stay on the territory for that visa ';

17. After Paragraph 35, the following Section 35a is inserted:

„§ 35a

Extension of the period of validity of a visa to stay over 90 days for the purpose of seasonal employment and stay in the territory on that visa

(1) The period of validity of a visa for a stay of more than 90 days for the purpose of seasonal employment and the period of stay on the territory for that visa, which is less than 6 months, shall be extended by the Ministry, at the request of a stranger, on condition that the same purpose of the stay is maintained, but not more than 6 months.

(2) An alien shall be obliged to submit an employment permit pursuant to Article 96 (1) of the Employment Act, the travel document and the particulars referred to in Article 32 (2) (d) and (e) and, upon request, the particulars referred to in Article 31 (4) (b) to an application for an extension of a visa for a stay of more than 90 days for the purpose of seasonal employment and the period of stay on the territory of that visa.

(3) The period of validity of a visa for a stay of more than 90 days for the purpose of seasonal employment and the period of stay on the territory for that visa may not be extended if the Ministry finds a reason to initiate the procedure for the revocation of that visa pursuant to Article 37a. "

18. in Paragraph 37 (1) (b), the words "on the territory" shall be inserted after the words "not fulfilling."

19. in Paragraph 37 (1), the word "or" shall be deleted at the end of point (b); at the end of point (c), the dot shall be replaced by "or" and the following point (d) shall be added:

"(d) in the application for a visa, he has provided false information or he has submitted falsified or modified documents or documents in which the information relevant to the examination of the application does not correspond to the facts."

20. in Paragraph 37 (2), point (a) shall be deleted;

Points (b) to (g) shall be renumbered as points (a) to (f). ';

21. in Paragraph 37 (2) (a):

"(a) one of the reasons set out in § 56 (1) (a), (c), (d), (g), (h) and (j) to (l) or § 56 (2),"

22. in Paragraph 37 (2), the words "or" shall be deleted at the end of point (e) and after point (f), the following points (g) and (h) shall be added:

"(g) the alien has not fulfilled the purpose for which the visa was issued during the period of validity of the visa in the territory; This does not apply if the alien proves that the purpose has been failed for serious reasons for a transitional period; or

(h) a stranger could endanger public health if he is in the territory by suffering from the disease referred to in the requirements of the measures before the introduction of the infectious disease; ';

23. The following Section 37a is inserted after Section 37:

„§ 37a

(1) The Ministry shall revoke a visa for stay over 90 days for the purpose of seasonal employment if:

(a) the alien to whom the visa has been issued shall request the revocation of the visa;

(b) the particulars submitted for the application for or the extension of the period of validity of the visa are falsified or amended, or the particulars relevant to the examination of the application referred to therein do not correspond to the facts;

(d) the alien has been convicted of an intentional offence.

(2) The Ministry shall also revoke a visa for stay over 90 days for the purpose of seasonal employment if:

(a) one of the conditions for issuing such a visa is not fulfilled;

(b) another State of the European Union or a Contracting State applying the common procedure for expulsion has decided to expel a stranger from its territory 9a) on the grounds of his conviction for imprisonment of at least 1 year, or on grounds of reasonable suspicion that he has committed a serious crime or is preparing such activity in the territory of a Member State of the European Union or a Contracting State applying a common procedure for expulsion;

(c) there is a reasonable risk that an alien may seriously disturb public policy or jeopardise the security of the State in any further stay in the territory; or

(d) a stranger could endanger public health if he is in the territory by suffering from the disease referred to in the requirements of the measures before the introduction of the infectious disease;

provided that the consequences of this Decision are reasonable grounds for revocation of the visa. In assessing proportionality, the Ministry shall take account in particular of the effects of this Decision in the private and family life of a stranger.

(3) The Ministry does not act in accordance with paragraph 1 (c) or paragraph 2 (a) in the event that the employment permit referred to in Article 96 (1) of the Employment Act has only been withdrawn as a result of an infringement of the employer's obligation and the foreigners have been granted a new employment permit pursuant to Article 96 (1) of the Employment Act within 30 days of the date of withdrawal of the employment permit.

(4) The Ministry, in its decision to revoke a visa for a stay of more than 90 days for the purpose of seasonal employment, provides for a time limit for leaving the territory and grants a travel order to foreigners; the alien is obliged to leave the territory within the prescribed time limit. ';

24. In the first sentence of Paragraph 42 (5), the words "on the official form 'are deleted.

25. In Paragraph 42, the following paragraph 6 is inserted after paragraph 5:

"(6) An application for a long-term residence permit under this Section shall be made on an official form. ';

Paragraph 6 shall become paragraph 7.

26. in Paragraph 42a (1):

"(1) An application for a long-term residence permit for the purpose of coexistence of a family on the territory of 9c (hereinafter referred to as" coexistence of a family ") is entitled to be lodged by a stranger who:

(a) the spouse of a foreigner authorised to stay in the territory,

(b) a minor or an adult uninsured child of a stranger who is allowed to stay in the territory or such child of a spouse of a stranger who is allowed to stay in the territory;

(c) a minor alien who has been assigned by a decision of the competent authority to alternative family care by a stranger authorised to stay in the territory or by his spouse or whose guardian or guardian is a foreigner authorised to stay in the territory if the care of a minor alien is carried out in the territory;

(d) a lonely stranger over 65 years of age or regardless of age by a stranger who is unable to take care of himself for health reasons if he / she is going to merge a family with a parent or child authorised to stay in the territory or if he / she is to merge a family with a parent or child who is an asylum seeker;

(e) the spouse of an asylum seeker, if the marriage was created before the asylum seeker entered the territory; the condition of the marriage period does not apply if the application is submitted by a foreigner who holds a long-term residence permit and who resides in the territory for at least 2 years;

(f) an asylum seeker's minor or adult child or such child the asylum seeker's spouse;

(g) a minor alien who has been entrusted by a decision of the competent authority to a asylum seeker or his spouse to alternative family care or who has been adopted by an asylum seeker or whose guardian or spouse is an asylum seeker if the care of a minor is carried out in the territory; or

(h) parent of a minor asylum seeker; where that minor asylum seeker does not have a parent, the application shall be lodged by another direct relative in the ascending line and, failing that, the application shall be lodged by the guardian of the minor asylum seeker. ';

27. in Article 42a (2), the words "or the holder of a residence permit issued by another Member State of the European Union55" shall be added at the end of the first sentence.

Footnote 55:

"(55) Directive 2014 / 66 / EU of the European Parliament and of the Council of 15 May 2014 on the conditions of entry and residence of third-country nationals following intra-corporate transfers. ';

28. in the second sentence of Article 42a (2), "1 month" is replaced by "90 days."

29. in Paragraph 42a, at the end of paragraph 5, the sentence "The application may not be lodged in the territory of the Ministry if the alien is staying on a visa for more than 90 days for the purpose of suffering for less than 6 months or for a visa for the purpose of seasonal employment."

30. Paragraph 42a (6) reads:

"(6) A long-term residence permit for the purpose of family co-existence shall be issued to a stranger if:

(a) it is a stranger as referred to in paragraph 1 (a) or (b) and a stranger with whom family co-habitation is to be permitted shall be the holder of a long-term residence permit or permanent residence permit and shall remain in the territory for at least 15 months; if there is a merger, each of them must reach the age of 20,

(b) are foreigners referred to in paragraph 1 (a) or (b) and a stranger with whom family co-existence is to be granted shall be the holder of an authorisation issued under Paragraph 42g and shall remain on the territory for at least 6 months;

(d) the alien to whom family co-existence is to be permitted shall be the holder of a blue card or the holder of a permit issued pursuant to § 42k, 42m or 42n. ';

31. in Paragraph 42b (2):

"(2) The application for a long-term residence permit for the purpose of cohabitation of the family shall also be accompanied by a foreign national residing in the territory of another Member State of the European Union32 as a family member of the Blue Card holder or holder of an intra-corporate transferee's residence permit issued by another Member State of the European Union. '

32. Paragraph 42f shall be supplemented by the following: "The application may not be lodged in the territory of the Ministry if the alien is staying on a visa for more than 90 days for the purpose of maintaining his stay in the territory or for a long-term residence permit for the purpose of staying 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. '

33. the words "or 8" shall be added at the end of the first sentence in Article 42g (1).

34. in Paragraph 42g (3), the second sentence is replaced by the following: "A stranger who, in his capacity as a partner, a statutory authority, a member of a statutory body or another commercial corporation, carries out for that legal person the tasks arising from the object of his activities, is not entitled to apply for an employment card, even though he has been authorised to do so. Furthermore, an application for an employment card shall not be entitled to be made by an alien to whom an employment permit has been issued pursuant to Paragraph 96 (1) of the Employment Act. '

35. in the second sentence of Paragraph 42g (5), the words "issued for other purposes" shall be deleted;

36. in Paragraph 42g, the sentence "The application may not be lodged on the territory of the Ministry if the alien resides on a visa for a stay of more than 90 days for a stay in the territory or a long-stay permit for 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 a long-term residence permit for a stay issued under § 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. On behalf of a foreigner who is not authorised to apply to the Ministry for the issue of an employment card under the second sentence, the application may be lodged by his employer, on the basis of his mandate, if the alien or his employer is a participant in a programme approved by the Government for the purpose of achieving economic or other significant benefits for the Czech Republic, which is organised or coordinated for that purpose by the Ministry or by another central administration whose scope relates to the programme (hereinafter referred to as the" Government-approved programme '), and where this method allows the application to be submitted under the terms of the programme.'

37. in Paragraph 42g (7):

"(7) The change of employer or the employee card holder shall be subject to prior approval by the Ministry. The Ministry shall, at the request of the holder of the employee card, consent to the change of employer or to the employment classification of the holder of the employee card, provided that the conditions set out in paragraph 2 are met and that any of the reasons set out in Paragraph 56, except for the reasons set out in Paragraph 56 (1) (f) and 46 (6) (d) are not met. An alien shall be required to submit to the request for consent the particulars referred to in § 42h (1) (c) and (e), and evidence that the employment relationship of an alien fulfils the conditions laid down in § 42g (2) (b) at the post for which the employment card or permit for employment has been issued or for which the Ministry's approval under this paragraph or paragraph 8 has been granted, or that the professional relationship has expired before a period of less than 60 days, and the requirement referred to in § 42h (1) (d), where another professional competence is required for the performance of the required employment or where the evidence by which he has demonstrated at the issuance of the employment card has expired. ';

38. in Paragraph 42g, the following paragraphs 8 and 9 are inserted after paragraph 7:

"(8) The employment of a stranger in another job with the same or another employer shall be subject to prior approval by the Ministry. The Ministry shall, at the request of the holder of the employee card, consent to his employment for another post with the same or another employer if:

(a) one of the reasons set out in Paragraph 56 has not occurred, except for the reason set out in Paragraph 56 (1) (f); and

(b) the conditions referred to in paragraph 2 are fulfilled or, while maintaining the conditions under which the employee card has been issued by aliens, the conditions laid down in paragraph 2 (a) and (c) are fulfilled, and the stranger has entered into a contract of employment, a contract of employment or a future contract in which the parties undertake to conclude a contract of employment or an agreement of employment within the agreed time limit.

(9) The application for consent referred to in paragraph 8 shall be subject to the requirement referred to in Article 42h (1) (c) or to a contract of employment, an agreement of employment or a contract of future contract satisfying the conditions referred to in paragraph 8 (b), and to the requirement referred to in Article 42h (1) (d), where another professional qualification is required for the performance of the required employment or where the evidence by which he has demonstrated competence in the issuing of the employee card has ceased. ';

Paragraphs 8 and 9 shall be renumbered paragraphs 10 and 11.

39. in Paragraph 42g (10), the words "Paragraph 7 shall not apply" shall be replaced by the words "Paragraphs 7 and 8 shall not apply" and the words "or further" shall be replaced by the words "for the same or otherwise."

40. In the first sentence of Paragraph 42g (11), the words "120 days before the expiry of the employment card" shall be replaced by the words "provided for in Paragraph 47 (1) or under the conditions laid down in Paragraph 47 (3)," and in the second sentence, the words "the decision to grant consent shall not be drawn up in writing."

41. in § 42g, the following paragraph 12 is added:

"(12) In the application for an employee card, an alien is required to state:

(a) their name, surname and other names, any previous surname, date, month and year of birth, place and state of birth, sex, citizenship, family status, highest education, occupation, employment prior to arrival in the territory, job title and address of the employer, employment after entry into the territory, job title and address of the employer, last residence abroad, address of residence in the territory, address for service, if different from the place of residence, previous residence in the territory of more than 3 months, reason and place of residence, date of entry into the territory and number and validity of the travel document and the country which they issued;

(b) data on the employment position held under the Employment Act in the central register of job vacancies for holders of an employee card for which he applies for the issue of an employee card;

(c) the name, surname and other names, all previous surnames, citizenship, date of birth, place and state of birth, residence and occupation of the spouse;

(d) the name, surname and other names, date of birth, citizenship, residence and occupation of parents;

(e) the name, surname and other names, date and place of birth, citizenship, residence and occupation of children; and

(f) the name, surname and other names, date and place of birth, citizenship, residence and profession of siblings. ';

42. in Paragraph 42h, the following paragraph 2 is inserted after paragraph 1:

"(2) Where a stranger or his employer is a member of a government approved programme whose conditions allow the replacement of certain elements of the application, the particulars referred to in Article 31 (1) (d) and (c) and (d) may be replaced by a certificate stating:

(a) the type of work to be carried out by the employer, the place of work, the date of taking up work and the period for which the employment contract or employment agreement is concluded or for which it will be concluded;

(b) that the alien has accommodation in accordance with the requirements of § 31 (6);

(c) that he has concluded a contract of employment, employment agreement or future contract with a stranger, and the amount of the wage, salary or remuneration agreed and the weekly working hours agreed; and

(d) that the alien has the professional competence to pursue the required employment in accordance with § 42g (2) (c). "

Paragraph 2 shall become paragraph 3.

43.Paragraph 42i (3) reads as follows:

"(3) The blue card application shall be submitted to the representative office. An application for the issue of a blue card shall be entitled to be made to the Ministry by a stranger who resides in the territory as a holder of a blue card issued by another Member State of the European Union if the application is made within 1 month of the date of entry into the territory and by a stranger who resides in the territory on a visa for a stay of more than 90 days or on a long-term residence permit for another purpose. 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. On behalf of a foreigner who is not entitled to apply for a blue card in the Ministry's territory in accordance with the second sentence, the application may be lodged by his employer, on the basis of his mandate, if the alien or his employer is a participant in a government approved programme and if this method allows the application to be made under the terms of that programme. '

44. in § 42i, the following paragraph 11 is added:

"(11) In the blue card application, the stranger is obliged to state

(b) data on the employment position held under the Employment Act in the central register of vacancies available to the Blue Card holders for which the Blue Card is requested;

(c) the name, surname and other names, all previous surnames, citizenship, date of birth, place and state of birth, residence and occupation of the spouse;

(d) the name, surname and other names, date of birth, citizenship, residence and occupation of parents;

(e) the name, surname and other names, date and place of birth, citizenship, residence and occupation of children; and

(f) the name, surname and other names, date and place of birth, citizenship, residence and profession of siblings. ';

45. The following Sections 42k to 42p are inserted after § 42j, including the headings and footnotes No 56:

„§ 42k

Intra-corporate transfer card

(1) A card of an intra-corporate transferee means a long-term residence permit authorising a stranger to stay in a territory longer than 90 days and to work as a manager, specialist or employed intern on the basis of an intra-corporate transfer.

(2) Intra-corporate transfer means temporary transfer of a stranger for the purposes of this Act

(a) in a commercial corporation located outside the territory of the Member States of the European Union with which it has a contract of employment during the transfer to its fissile establishment situated in the territory; or

(b) from a commercial corporation established outside the territory of the Member States of the European Union with which it has a contract of employment when it is transferred to a commercial corporation established in a territory which is located outside the territory of the Member States of the European Union, controlling or controlling the person (56), or both are controlled by the same controlling entity.

(3) For the purposes of this Act, the manager is a foreigner working in a leading position who primarily manages a business corporation or a split plant and whose activities are generally supervised or directed by a statutory authority, a supreme authority or a supervisory authority; the manager shall manage, supervise and control the business corporation or the fissile plant or part thereof, oversee and control other staff performing supervisory, professional or management activities, including the power to recruit or release staff or to recommend their recruitment or release or the implementation of other personnel measures.

(4) For the purposes of this Act, a foreign national who has specialised knowledge which is essential for the activities, procedures or management of a commercial corporation or a fissile establishment and who has the necessary level of formal qualifications and professional experience, or is a member of a professional association, where these requirements are laid down in specific legislation.

(5) For the purposes of this Act, an employed intern shall mean a foreigner who has a properly completed university education, transferred to a commercial corporation or a fissile plant based in the territory for the purpose of career development or training in the field of business techniques and methods and to whom wages or salaries are paid during the transfer.

(6) An application for the issue of an intra-corporate transferee card shall not be entitled to be made by an alien if:

Zobrazit všechna ustanovení (1336)

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Regulation Information

Citation	Act No. 222 / 2017 Coll., 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
Regulation Type	Law
Author	-
Collection	Code of Laws

Date of Promulgation	31.07.2017
Effective from	15.08.2017
Effective until	-
Status	Valid

Legal Areas: International law International private law International public law Administrative law General internal administration

The regulation text is for informational purposes only.