Act No. 274 / 2021 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
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Effective from 02.08.2021
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23.07.2021
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274
THE LAW
of 13 July 2021
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. 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, 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 No. 15 / 2011, Act No. 15 / 2011, Act.
1. In Article 1, the following paragraph 4 is added:
"(4) In accordance with Part Two of the Agreement on the withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union and the European Atomic Energy Community (the" exit agreement '), the provisions of this Law relating to:
(a) they shall also apply a citizen of the European Union to a citizen of the United Kingdom of Great Britain and Northern Ireland who was legally resident in the territory on 31 December 2020 (hereinafter referred to as "a citizen of the United Kingdom"); and
(b) a family member of a citizen of the European Union according to:
1. Paragraph 15a (1) shall also apply to a member of the family of a United Kingdom citizen in accordance with Article 15b (1), which fulfils the condition set out in Article 15b (3) (a); or
2. Paragraph 15a (3) shall also apply to a member of the family of a United Kingdom citizen pursuant to § 15b (2), which fulfils the condition set out in § 15b (3) (b). '
3. Under the designation of § 15a the title is inserted
"Family member of a European Union citizen '.
4. Paragraph 15a (2) and (3) read:
"(2) A family member of a citizen of the European Union shall also mean a foreigner who is a citizen of the Czech Republic who has applied for permanent residence in the territory referred to in paragraph 1 (a) to (d).
(3) A family member of a citizen of the European Union shall also mean an alien who:
(a) is a relative of a citizen of the European Union or a national of the Czech Republic who has applied for permanent residence in the territory; and
1. is in the country of origin, a person dependent on this citizen of the European Union or a national of the Czech Republic,
2. is a member of the household of this citizen of the European Union or of a national of the Czech Republic, or
3. where serious health reasons urgently require the personal care of this citizen of the European Union or of a national of the Czech Republic, or
(b) has a duly documented permanent partnership with a citizen of the European Union or a national of the Czech Republic who has applied for permanent residence in the territory. "
5. The following Section 15b is inserted after Section 15a, including the title and footnote 63:
Family member of a United Kingdom citizen under the exit agreement
(1) For the purposes of Article 1 (4) (b), a member of the family of a United Kingdom citizen shall mean:
(a) spouse,
(b) a parent, if he / she is a citizen of the United Kingdom under 21 years of age who he / she actually cares for,
(c) a descendant under the age of 21 or such a descendant of a citizen of the United Kingdom,
(d) the descendant or ancestor or ancestor of the spouse of a United Kingdom citizen, if, by reason of satisfying his essential needs, he is dependent on or was dependent on nutrition or other necessary care provided by a United Kingdom citizen or his spouse or on such nutrition or other necessary care immediately prior to entry into the territory of the country of which he is a citizen or in the State in which he was authorised; and
(e) a relative whose presence in the territory is necessary to ensure that a UK citizen is not deprived of the right of temporary or permanent residence in the territory which he has under Part Two of the exit agreement.
(2) Furthermore, a family member of a United Kingdom citizen shall mean an alien who is not a family member of a European Union citizen pursuant to Paragraph 15a or a family member of a United Kingdom citizen pursuant to paragraph 1 and who:
(a) is a relative of a United Kingdom citizen and, in the country from which he comes, has been nurtured by him or is a member of his household or serious health reasons of that alien urgently require the personal care of that United Kingdom citizen; or
(b) has a duly documented permanent partnership with a United Kingdom citizen.
(3) The status referred to in § 1 (4) (b) belongs to the alien referred to in
(a) paragraph 1, if:
1. Legally resident in the territory on 31 December 2020,
2. when applying for a temporary residence permit in the territory, the United Kingdom citizen shall be followed if he did not reside in the territory on 31 December 2020 and the relationship referred to in paragraph 1 with that citizen existed on 31 December 2020; or
3. Become a child of parents who are both UK citizens after 31 December 2020, 1 is a citizen of the United Kingdom and the other is a national of the Czech Republic or 1 of the parents is a citizen of the United Kingdom and has exclusive or common rights to care for the child), in particular the right to determine the place of residence of the child; or
(b) paragraph 2
the name of the holder of the temporary or permanent residence permit;
In the case of an application for a temporary residence permit in the territory of a Member State, the competent authority of the Member State concerned shall inform the competent authority of the Member State in which the temporary residence permit was issued.
63) Article 2 (9) of Council Regulation (EC) No 2201 / 2003 of 27 November 2003 on jurisdiction and the recognition and enforcement of judgments in matrimonial and parental matters and repealing Regulation (EC) No 1347 / 2000, as amended. "
6. in § 18 (d) (7), § 87o (1), § 87o (3), first sentence, § 87p (1), § 87p (2), first to third sentences, and in § 169t (7) (c), the words "member of the family of a citizen of the European Union" shall be deleted;
7. In Section 18 (d) (7), the word "card 'is replaced by" card'.
8. in § 18 (e), § 87b (2) second sentence and in § 87h (1) of the introductory part of the provision, the words "under § 15a (1) or (2)" shall be inserted after the words "citizen of the European Union";
10. In Article 20 (4), the words "pursuant to Article 15a (1) or (2) 'shall be inserted after the words" a citizen of the European Union'.
11. In Paragraph 20, the following paragraph 6 is inserted after paragraph 5:
"(6) A family member of a citizen of the European Union referred to in Article 15a (3) shall be required to submit all necessary documents and supporting documents in accordance with the directly applicable European Union Regulation to the application for a short-stay visa at the representative office. A short-stay visa shall not be issued by the filling office for the reasons set out in the directly applicable European Union27). Where the applicant is a family member of a European Union citizen referred to in Article 15a (3), a short-stay visa shall not be granted. '
Paragraph 6 shall become paragraph 7.
12. In Article 33, at the end of paragraph 3, the sentence "The Ministry shall issue a visa for residence for more than 90 days for the purpose of staying in the territory of a stranger to whom the decision to grant the status of a stateless person has been served."
13. in Paragraph 42f, paragraph 5 is deleted;
14. in Article 48 (c), the words "on the territory," shall be replaced by "on the territory," or "
15. in Article 48, at the end of (d), the comma shall be replaced by a dot and points (e) and (f) shall be deleted;
16. in § 87a (1) of the introductory part of the provision, § 87a (2) of the introductory part of the provision, § 87b (3) of the first sentence, § 87v (1), § 87aa (1) of the introductory part of the provision, § 87aa (2) of the introductory part of the provision, § 87aa (3) of the first sentence, § 103 (b), § 107 (1), § 119a (6) of the first sentence, § 169r (1) (b), § 169r (4) of the introductory part of the provision, § 169r (4) (d), § 169r (5), § 169t (7) (b) and in § 169t (8) (c), the words "confirmation of the temporary stay on the territory" shall be replaced by "by the certificate of the registration.
17. in Article 87a (2), point (b) is deleted;
Points (c) to (e) shall be renumbered (b) to (d).
18. in Article 87a (3), the words "except as provided for in paragraph 2 (b)" shall be deleted;
19. in Article 87b (3) (a), "(a), (c), (d) and (e)" shall be deleted;
20. in Article 87b (3), at the end of point (b), the word "a" shall be deleted;
21. In Paragraph 87b, at the end of paragraph 3, the dot is replaced by "a 'and the following point (d) is added:
"(d) as a family member of a citizen of the European Union pursuant to Article 15a (3), further to the document:
1. pursuant to Paragraph 42b (1) (d); and
2. on travel sickness insurance for the period of residence in the territory which corresponds to the conditions set out in Paragraph 180j and on request proof of payment of the insurance premiums indicated on the travel sickness insurance document; This does not apply if the case is referred to in Paragraph 180j (4). ';
22. in Paragraph 87b (4):
"(4) The Ministry shall issue a temporary residence permit to a family member of a European Union citizen in the form of:
(a) residence cards, if they are a family member of a European Union citizen
1. Paragraph 15a (1), with the exception of a national of a national of a State referred to in § 1 (3) and a member of a United Kingdom citizen's family pursuant to § 15b; or
2. Article 15a (2), which follows or accompanies a national of the Czech Republic back into the territory and, if they have lived together in another Member State of the European Union; or
(b) a residence permit in accordance with Paragraph 117a with a period of validity of no more than 3 years in other cases. ';
23. in Paragraph 87c (1), the word "transitional" shall be deleted;
24. in Article 87c (2), the second sentence is replaced by the following: "This authorisation shall be issued by the Ministry of Foreign Affairs by means of an identification card in accordance with Article 180b."
25. In the heading of Section 87d, the words "temporary residence certificate 'are replaced by the words" registration certificate'.
26. in § 87e (1) (a):
"(a) applicant
1. is not a family member of a European Union citizen,
2. to issue a temporary residence permit in breach of the conditions set out in Paragraph 87b (1) or (2); or
3. not to submit the particulars referred to in § 87b (3), '.
27. in Article 87e (1), the word "or" shall be deleted at the end of point (g);
28. In Paragraph 87e, at the end of paragraph 1, the dot is replaced by "or 'and the following point (i) is added:
"(i) an applicant who is not a family member of a citizen of the European Union pursuant to Article 15a (1) or (2), at the time of the submission of the application
1. is not entitled to reside in the territory under this Act,
2. persists in the territory on the basis of an exit order; or
3. holds a short-stay visa; This does not apply to holders of a short-stay visa issued under Paragraph 20. ';
29. in Article 87e (2), the words "in the case of a family member of a European Union citizen pursuant to Article 15a (1) or (2)" shall be inserted after the words "in the case of a family member of a European Union citizen."
30. in the second sentence of Article 87f (1), the words "or in Article 87b (1)" shall be inserted after the words "Article 15a."
31. in Article 87f (2) (d) of the introductory part of the provision, the words "referred to in Article 15a (2) (b)" shall be deleted;
32. in § 87h, the following paragraph 1 is inserted:
"(1) The Ministry shall issue a permanent residence permit to a family member of the European Union after five years of continuous temporary residence in the territory upon his request."
Paragraphs 1 to 4 shall be renumbered paragraphs 2 to 5.
33.In Paragraph 87h (2), point (a) is deleted.
Points (b) to (d) shall be renumbered as points (a) to (c).
34. in Article 87h (3) (c), the words "or 2" shall be inserted after the words "paragraph 1."
35. in the second sentence of Paragraph 87h (4), the text "(a)" shall be deleted;
36. In Paragraph 87h (4), the following sentence is inserted after the second sentence: "Until a continuous stay, the period for which the spouse of a diplomatic, administrative or technical official of the Ministry of Foreign Affairs accompanying that worker in the performance of his duties or work abroad has been resident abroad under special legislature64 shall also be counted."
Footnote 64 reads:
"64) Paragraph 48 (1) (a) of Act No. 150 / 2017 Coll., on Foreign Service and on the amendment of certain laws (Foreign Service Act). '.
37. in the fourth sentence of Article 87h (4), the words "paragraph 1 (a) or (b)" shall be deleted;
38. in § 87i (1) (b), the words "or 2" shall be inserted after the words "§ 87h (1)."
39. in Paragraph 87i (1), the word "a" shall be replaced by a comma at the end of point (c).
40. In Paragraph 87i, at the end of paragraph 1, the dot is replaced by "a 'and the following point (e) is added:
"(e) proof of permanent residence in the territory referred to in Article 71 (1), if it is a family member of a citizen of the European Union pursuant to Article 15a (3)."
41. in Paragraph 87j (1):
"(1) If the Ministry accepts the request, it shall issue a decision instead of a written copy
(a) a permanent residence card 12a), if it is a citizen of the European Union;
(b) a permanent residence card (12a), if it is a family member of a European Union citizen under:
1. Paragraph 15a (1), with the exception of a national of a national of a State referred to in § 1 (3) and a member of a United Kingdom citizen's family pursuant to § 15b; or
2. Article 15a (2), which follows or accompanies a national of the Czech Republic back into the territory and, if they have lived together in another Member State of the European Union; or
(c) a residence permit in accordance with Article 117a with a period of validity of 10 years, renewable for another 10 years if it is a family member of a European Union citizen not referred to in point (b). ';
42. In Part One, Title IVa, heading 3 reads:
"Certificates and other documents'.
43. The title of § 87n reads:
"Registration certificate '.
44. in Article 87n (1), the words "Confirmation of temporary residence in the territory" shall be replaced by the words "Certificate of Registration" and the words "drawn up in the Czech language" shall be added at the end of the text of the paragraph and the title shall be given in at least one foreign language according to international practice. "
45. in Article 87n (2), the words "the certificate of temporary residence in the territory" shall be replaced by "the certificate of registration" and the words "and other facts relating to the transitional" shall be replaced by "the date and place of issue and the species."
46. The heading of § 87o reads:
"Stay card."
47. In Paragraph 87o (1), the words "to be drawn up in the Czech language and, as a rule, in two foreign languages according to international practice," shall be replaced by the words "to be issued as a separate document for temporary residence in the territory under the directly applicable European Union65 Regulation," and shall contain the particulars referred to in Article 117a (3) (a) (2), (3) and (7) below. "
Footnote 65 reads:
"(65) Regulation (EU) 2019 / 1157 of the European Parliament and of the Council of 20 June 2019 on the strengthening of the security of identity cards of Union citizens and residence permits issued to Union citizens and their family members exercising their right of free residence.";
48. in § 87o, paragraphs 2 and 4 are deleted;
Paragraph 3 shall become paragraph 2.
49. In the title of Section 87p, the words "a family member of a European Union citizen and a residence permit for foreigners' are deleted.
50. in Article 87p (1), the words "(d), (e)" shall be replaced by "(c) and (d)."
51. in Article 87p (3), the words "the residence permit for foreigners' shall be replaced by the words" the residence card shall be used by Article 87u. "
2. in § 87p, the following paragraph 4 is added:
"(4) In the case of an application for an extension of a residence permit issued pursuant to Paragraph 87b (4) (b), paragraphs 1 to 3 shall apply mutatis mutandis; However, a family member of a citizen of the European Union pursuant to Paragraph 15a (3) shall be obliged to submit the particulars referred to in Article 87b (3) (d) for that request. '
53. In the title of Section 87r, the words "permanent permit 'are replaced by the words" permanent residence and card'.
54. Paragraph 87r (1) reads as follows:
"(1) The residence card and the residence card are public documents."
55. In § 87r (2), § 87r (3), first sentence, § 87s (1), § 87z (1) of the introductory part of the provision, § 87z (2) of the introductory part of the provision, § 103 (d) in the part of the sentence after the first semicolon, and in § 107 (1) the words "permanent permit" are replaced by the words "permanent."
56. in Article 87r (2), the words "and other matters relating to" shall be replaced by the words "date and place of issue and species" and the words "shall be added at the end of the text of the paragraph"; it shall be drawn up in the Czech language and shall be given in at least one foreign language according to international practice. "
57. in Paragraph 87r, the following paragraph 3 is inserted after paragraph 2:
"(3) The permanent residence card is issued as a separate document for permanent residence in the territory under the directly applicable European Union65 Regulation and contains the information set out in Paragraph 117a (3) (b) (1) to (3) and (7) below."
Paragraph 3 shall become paragraph 4.
58. In the first sentence of Paragraph 87r (4), the words "and the residence card 'shall be inserted after the word" residence' and the words "and cards' shall be inserted after the word 'card'.
59. In the title of Section 87s, the words "permanent permit 'are replaced by the words" permanent residence and card'.
60. in § 87s (1), § 87z (1) of the introductory part of the provision and in § 87z (2) of the introductory part of the provision, the words "or permanent residence cards" shall be inserted after the word "stay."
61.In Paragraph 87s (1), the words "expiry of the licence 'are replaced by the words" expiry of the issued document'.
62.Paragraph 87s (3) reads as follows:
"(3) A European Union citizen shall be required to submit a travel document for an extension of the duration of the residence card and, if the form has changed, photographs corresponding to its actual form. '
63.In § 87s, the following paragraph 4 is added:
"(4) Paragraph 87u shall apply mutatis mutandis to the extension of the permanent residence card. '
64. § 87t including the title reads:
Documents issued to the United Kingdom citizen and his family member
(1) A United Kingdom citizen and a member of the family of a United Kingdom citizen in accordance with Article 15b shall be issued with a residence permit in accordance with Article 117a.
(2) For the purposes of issuing a residence permit or extending its period of validity, a UK citizen and a family member of a UK citizen shall, in accordance with Article 15b, be obliged to visit the Ministry within a specified period to obtain biometric data and subsequently to take over the residence permit. In the event of failure to fulfil one of the obligations referred to in the sentence, the first Ministry shall suspend the procedure for issuing a temporary or permanent residence permit.
(3) A residence permit shall be issued to persons referred to in paragraph 1 for a period of five years, if it is a registration certificate or a temporary residence permit, or 10 years, if it is a permanent residence permit in the territory; foreigners under 15 years of age with a period of validity of 5 years. The validity of the issued licence may be renewed repeatedly by the same period.
(4) Paragraphs 117b (1) and (3), 117f (2) (d) and 117g shall apply mutatis mutandis to residence permits issued under paragraphs 1 to 3. ';
65.§ 87u reads:
(1) A member of the family of a citizen of the European Union pursuant to § 87b (4) (a) and § 87j (1) (b) is required to attend the Ministry
(a) for the purpose of issuing a residence card or permanent residence card to process the data necessary for the issue of such document, including the acquisition of biometric data and its signature, which is intended for its further digital processing; the signature shall not be issued if the alien is prevented by a difficult obstacle; and
(b) within a period to be determined by the Ministry and no later than 60 days from the date of acquisition of biometric data, to take over a residence card or permanent residence card.
(2) The obligations referred to in paragraph 1 shall apply mutatis mutandis to aliens to whom a document under this Title is to be issued in the form of a residence permit in accordance with Paragraph 117a.
(3) If a family member fails to comply with any of the obligations referred to in paragraph 1 or 2, the Ministry shall suspend the residence card or residence card procedure.
(4) Paragraph 117a (2) and (4) to (8) shall apply mutatis mutandis to the issue of a residence card or residence card. In these documents, the Ministry shall indicate an alert in accordance with the directly applicable European Union65).
(5) In addition to the data provided for directly applicable European Union Regulation (40), the residence and residence card also include the type of residence, the birth number, the record of limitation of inefficiency and digital signature processing. The residence card shall also include the place of the registered residence in the territory.
(6) The name and, where applicable, the names of the citizen of the European Union or his family member shall appear on the registration certificate, residence card, permanent residence card or permanent residence card according to the form indicated in Latin in the travel document. Where a European Union citizen or his family member has been issued by the Matrix Office of the Czech Republic with a registration document in the name or, where applicable, the name and surname in another form, the Ministry shall indicate this in the form of an entry in the registration certificate, residence card, permanent residence card or permanent residence card, including an indication of the name or, where applicable, names, and surname in the form indicated in the Matrix document.
(7) After having acquired legal authority, the decision of the court to restrict the capacity of a citizen of the European Union or his family member shall be marked by the Ministry in the registration certificate, residence card, permanent residence card or permanent residence card. ';
66. In § 87v (1), § 87aa (1) (d), § 87aa (2) of the introductory part of the provision and in § 87aa (3) of the first sentence, the word "certificate" is replaced by "certificate."
67. In the first sentence of Paragraph 87v (2) and in the first sentence of Paragraph 87w, the words "a family member of a citizen of the European Union, a residence permit for foreigners or a permanent permit" shall be replaced by "a permanent residence card or a permanent card."
68. in § 87v 2, first sentence, § 87v 3, first sentence, and in § 87z 2 (a) and (b), the word "card" is replaced by "document."
669. in the first sentence of Paragraph 87v (2), "issue of a licence" is replaced by "issue of a document."
70. In § 87v 2, second sentence, § 87z 2 (c), § 87z 3, first sentence, and in § 165 (f), the word "licence" is replaced by the word "document."
71. in the first sentence of Article 87v (3), the words "registration certificate," shall be inserted after the words "family member of a citizen of the European Union, a residence permit for foreigners or a permanent permit" shall be replaced by the words "permanent residence card or a permanent card," and after the word "carried out," the word "photograph" shall be inserted.
72. in Paragraph 87v (3), the sentences of the second and third paragraphs are deleted;
73. In the first sentence of Paragraph 87w, the words "the validity of a residence card of a family member of a European Union citizen or a residence permit for foreigners' are replaced by the words" their validity '.
74. Paragraph 87x (1) reads:
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Regulation Information
| Citation | Act No. 274 / 2021 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 | 23.07.2021 |
|---|---|
| Effective from | 02.08.2021 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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