What is Full text of Act No. 290 / 2004 Coll.?

Full text of Act No. 290 / 2004 Coll., Act No. 326 / 1999 Coll., on the residence of foreigners in the Czech Republic and on the amendment of certain laws, as is apparent from subsequent amendments — Full text of Act No. 326 / 1999 Coll., on the residence of foreigners in the Czech Republic and on the amendment of certain laws, as is apparent from subsequent amendments.

When it became Full text of Act No. 290 / 2004 Coll. effectiveness?

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Is Full text of Act No. 290 / 2004 Coll. still valid?

Yes, Full text of Act No. 290 / 2004 Coll. is still valid and effective.

Full text of Act No. 290 / 2004 Coll.

Full text of Act No. 326 / 1999 Coll., on the residence of foreigners in the Czech Republic and on the amendment of certain laws, as is apparent from subsequent amendments

Valid Declared full text

Text versions: 13.05.2004

ČÁST PRVNÍ HLAVA I § 1 § 2 HLAVA II § 3 § 4 § 5 § 6 § 7 § 8 § 9 § 10 § 11 § 12 § 13 § 14 § 15 § 15a HLAVA III Díl 1 § 16 § 17 § 17a § 17b Díl 2 § 18 § 19 Díl 3 § 20 § 21 § 22 § 23 § 24 § 25 § 26 § 26a § 27 § 28 § 29 § 29a § 29b 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 Díl 6 § 51 § 52 § 53 § 54 § 55 § 56 § 57 § 58 § 59 § 60 § 61 § 62 § 63 § 64 HLAVA IV Díl 1 § 64a § 64b Díl 2 § 65 § 66 § 67 § 68 § 69 § 69a § 69b § 70 § 71 § 72 § 73 § 74 § 75 § 76 § 77 § 78 § 79 § 80 § 81 § 82 § 83 § 84 § 85 § 86 Díl 3 § 87 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 HLAVA V § 88 § 89 HLAVA VI § 90 § 91 § 92 HLAVA VII § 93 § 94 § 95 § 96 § 97 § 98 § 99 § 100 § 101 § 102 HLAVA VIII § 103 § 104 § 105 § 106 § 107 HLAVA IX § 108 § 109 § 110 § 111 § 112 § 113 § 114 § 115 § 116 § 117 HLAVA X § 118 § 119 § 120 § 121 § 122 § 123 HLAVA XI § 124 § 125 § 126 § 127 § 128 § 129 HLAVA XII § 130 § 131 § 132 § 133 § 134 § 135 § 136 § 137 § 138 § 139 § 140 § 141 § 142 § 143 § 144 § 145 § 146 § 147 § 148 § 149 § 150 § 151 HLAVA XIII § 152 § 153 § 154 § 155 HLAVA XIV § 156 § 157 § 157a § 157b HLAVA XV § 158 § 159 § 160 HLAVA XVI § 161 § 162 § 163 § 164 § 165 § 166 § 167 HLAVA XVII § 168 § 169 § 170 § 171 § 172 HLAVA XVIII § 173 § 174 § 175 § 176 § 176a § 177 § 178 § 179 § 180 § 180a § 180b HLAVA XIX § 181 § 182 § 182a § 183 § 184 § 184a ČÁST ŠESTÁ § 189 § 190

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290

PRESIDENT OF THE GOVERNMENT

Announces

complete version of Act No. 326 / 1999 Coll., on the residence of foreigners in the Czech Republic and on the amendment of certain laws, as is apparent from the amendments made by Act No. 140 / 2001 Coll., Act No. 151 / 2002 Coll., Act No. 217 / 2002 Coll. and Act No. 222 / 2003 Coll.

THE LAW

on the residence of foreigners in the Czech Republic

Parliament has decided on this law of the Czech Republic:

ČÁST PRVNÍ

STAY IN THE TERRITORY OF THE CZECH REPUBLIC

HLAVA I

INTRODUCTORY PROVISIONS

§ 1

Subject matter

(1) This Act lays down the conditions for the entry of a stranger into the territory of the Czech Republic (hereinafter referred to as "the territory '), his residence in it and his departure from 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 ') and the Ministry of Foreign Affairs in this area of state administration.

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

(3) The arrangements for the entry, residence and travel of a citizen of the European Union1a) also apply to a citizen of a State which is bound by an international treaty negotiated with the European Community (1b) and to a citizen of a State which is bound by the Treaty on the European Economic Area (1c), unless otherwise provided for in that Treaty.

§ 2

Scope of the law

This law does not apply to foreigners who:

(a) apply to the Czech Republic for asylum protection, and to the asylum seeker, unless otherwise provided for in this Act or in special legislature2;

(b) reside in the territory under special legislation governing the temporary residence of foreign armed forces in the territory, 3)

(c) has requested the Czech Republic to grant a residence permit for the purpose of providing temporary protection in the territory and a foreigner residing in the territory on the basis of a temporary protection permit granted, unless otherwise provided for in this Act or in special legislature3a.

HLAVA II

Entry into the territory

§ 3

(1) The alien is entitled to enter the territory through a border crossing point at the place and time to carry out border control.

(2) Border crossing means:

(a) the place defined by the international treaty to which the Czech Republic is bound (hereinafter referred to as the "international treaty") intended for crossing the national borders of the Czech Republic under the conditions laid down by the international treaty or by this law;

(b) an international airport which is an external border under a specific legislation, 3b) 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, 3b)

(d) the area of the interstate train and the deck of the interstate passenger or freight ship when border control is carried out in that area.

(3) Border control means the control of a stranger at the border crossing point in connection with the intended or already carried out crossing the national borders of the Czech Republic.

§ 4

(1) The alien is obliged to undergo border control without delay after crossing the national border, if border control is carried out in the territory, or to cross the national border without delay after the border control is completed, if it is carried out outside the territory. At the internal border border, border control shall be carried out in the event of a government decision to ensure the protection of internal borders under specific legislation. (3b)

(2) The police may:

(a) confirm the entry of a stranger into the territory by marking a stamp containing the name of the border crossing, the date and time of entry into the territory;

(b) shorten the estimated duration of the stay of a stranger in the territory, if this does not correspond to the period submitted to the funds for residence in the territory (§ 13).

(3) The police shall mark the stamp referred to in paragraph 2 (a) on the travel document if the alien so requests; This shall not apply if aliens are not allowed to enter the territory or if this cannot be done with regard to the type of travel document.

(4) Where the police carry out border checks on the basis of an international contract outside the territory, such checks and their actions shall have the same legal effects as border checks carried out on the territory.

§ 5

The stranger is obliged at border inspection upon request of the police

(a) submit, unless otherwise specified, the following documents:

1. the travel document (§ 108) held by it; for such a travel document, the police shall also recognise a travel document the common holder of which is a spouse entering the territory for the purpose of temporary residence in the territory;

2. a visa entitling a person to stay in the territory if a foreign person is subject to a visa requirement;

3. proof of the provision of means of residence on the territory (§ 13) or of a certified invitation no more than 180 days after the date of its verification by the police (§ 15 and 180);

4. a health insurance document which covers the costs of medical treatment in connection with an accident or sudden illness in the territory, including the costs associated with the transport of the sick or the remains of the deceased (hereinafter referred to as the "health insurance document") during the stay of the alien in the territory; This does not apply if the alien is insured under special legislation (5) or if the reimbursement of medical costs is otherwise ensured; the proof of health insurance is required to be provided by the alien even if the insurance under the special legislation is not provided for at the date of entry into the territory of the alien;

5. proof of the accommodation of a stranger during his stay in the territory, unless he proves otherwise;

6. a visa for a State which is the object of its journey or whose national borders it intends to travel from its territory to its destination State; This does not apply if the alien is entitled to stay in that State without a visa,

(b) demonstrate that the costs associated with travel from the territory (§ 12) to the State of which the travel document belongs or to another State of permanent residence, if there is a reasonable concern that these costs will be borne by the Czech Republic,

(d) communicate the information to the extent of the visa application (§ 54).

§ 6

(1) The obligation under Article 5 does not apply to a stranger who is accompanied through the territory (§ 152).

(2) The obligation to submit a document under Article 5 (a) (3) to (6) and the obligation under Article 5 (b) to (d) does not apply to a citizen of the European Union. (1a)

(3) The obligation to present the document referred to in Article 5 (a) (3) to (6) and the obligation referred to in Article 5 (b) to (d) shall not apply to a stranger who is demonstrated by a diplomatic passport, service passport or other travel document and a diplomatic visa or a special visa at border inspection (§ 49).

(4) The obligation to present the document referred to in Articles 5 (a) (3), 5 and 6 and 5 (b) does not apply to a stranger who has been granted a visa for residence above 90 days (§ 30).

(5) The obligation to submit the document provided for in Articles 5 (a) (2) to (6) and 5 (b) does not apply to foreigners during the period of validity of the long-term residence permit or residence permit (§ 65 et seq.) and to foreigners under Article 87.

(6) The obligation to submit the document referred to in Articles 5 (a) (3), 5 and 6 and Article 5 (b) does not apply to aliens who present a visa under Article 26 or Article 30 for employment purposes at border inspection.

(7) The obligation to submit the document referred to in Articles 5 (a) (3), 5 and 6 and Article 5 (b) does not apply to aliens who present a visa issued for the purpose of studying or participating in research and development at border inspection.

(8) The obligation to submit the document referred to in Article 5 (a) (1) does not apply to aliens if they are under 15 years of age and are entered in the travel document of the alien.

§ 7

(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 visit the police for a visa to stay more than 90 days 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.

§ 8

(1) Foreigners who enter the territory for the purpose of issuing a visa for a stay of more than 90 days for the purpose of staying 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 cannot produce a travel document at the time of border inspection is required to prove his identity by another officially issued document or by a declaration stating his name and surname, date and place of birth and citizenship.

§ 9

Denied entry into the territory

(1) The police refuse to enter the territory if

(a) fails to comply with the obligation to submit the document referred to in Article 5 (a) (1) to (4) or (6) or with the obligation referred to in Article 5 (b), (c) or (d);

(b) the validity of the visa has been revoked or the period of validity of the visa has expired by the authority which granted it; the police shall indicate the revocation of the visa,

(d) is included in an information system established by States bound by international conventions on the abolition 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;

(e) the travel document has expired; This does not apply in the case of a foreign passport (§ 113) if the reasons for which the travel document was issued persist,

(f) the territorial validity of the travel document, where provided, does not include the territory;

(g) the entries in the travel document are not legible or the integrity of the travel document is violated; This does not apply in the case of a foreign passport, an identity card (§ 114) or a travel document issued by the Czech Republic under an international agreement [§ 108 (1) (f)], provided that the reasons for which the travel document was issued persist,

(h) the travel document contains false information or false changes;

(i) the photographs in the travel document do not correspond to the form of the holder;

(j) the travel document has been declared invalid or stolen by the authority of the State which issued it;

(k) the alien has given false indications of the purpose of his stay in the territory or it can reasonably be assumed that the alien intends to pursue an illegal occupation in the territory;

(l) there is a reasonable risk that an alien may endanger the security of the State while he is in the territory, seriously disturb public policy or impede the enforcement of judicial or administrative decisions;

(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 when he or she is in the territory of another Contracting State;

(n) the entry into the territory of an alien would be in breach of an obligation under an international agreement; or

(o) the visa submitted does not entitle entry at the place of border checks carried out as it is subject to the condition

1. the designation of a border crossing point for entry into the territory; or

2. limit the territorial validity of the visa to the place or part of the territory (§ 52).

(2) Police may refuse foreign entry to the territory if:

(a) the period of validity of his travel document does not exceed by at least 90 days the period of validity of the visa or, in the case of a stay in the territory where the visa is not required, by at least 90 days the expected duration of the temporary stay in the territory; This does not apply if it is a citizen of the European Union, 1a)

(b) there is a reasonable suspicion that the alien is suffering from a disease listed by the Ministry of Health (Section 182a) ("serious illness"),

(d) the travel document of the alien shall be filled with official entries or visas in such a way that no further official entry or visa issued may be affixed; This does not apply in the case of a foreign passport presented by a stranger at border inspection in connection with his entry into the territory or travel document issued by the Czech Republic under an international contract, provided that the reasons for which the travel document was issued persist or, if it is a citizen of the European Union. (1a)

(3) When refusing entry in accordance with paragraph 2, the proportionality between the reason for refusal of entry and the consequences of such refusal shall be maintained. In assessing the adequacy, the police take particular account of the effects of this denial into the private and family life of a stranger. Any refusal of entry shall be immediately recorded by the police, stating the reasons for that proportionality.

(4) If the police refuse a citizen of the European Union1a) entry into the territory, they will issue an administrative decision refusing entry. Similarly, in the case of a family member of a national citizen of the Czech Republic (1) or a family member of a citizen of a European Unie1a) (§ 15a), if that citizen resides in the territory on the basis of a temporary residence permit or permanent residence permit (hereinafter referred to as "special residence permit '). The decision referred to in the first sentence shall not be given 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.

(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.

§ 10

repealed

§ 11

The holder of a diplomatic passport accredited for the territory shall refuse entry to the territory by the police if he finds the reason referred to in Article 9 (1) (b), (d), (g), (h), (i) or (j).

§ 12

Ensuring costs related to travel from the territory

(1) The cost of leaving the territory shall be demonstrated:

(a) proof of transport when a foreigner leaves the territory of another State; or

(b) by submitting funds to cover travel costs to the State in whose territory it may enter.

(2) The provision of travel-related costs may be demonstrated instead of the funds referred to in paragraph 1.

(a) a statement from an account held in a bank in the name of a foreigner indicating that the alien may dispose of funds equivalent to those referred to in paragraph 1 during his stay in the Czech Republic; or

(b) other proof of financial collateral, such as a valid internationally recognised credit card.

(3) Money may be presented by a stranger in Czech currency or in foreign freely convertible currency.

§ 13

Means of residence in the territory

(1) Providing the means of residence in the territory is demonstrated, unless otherwise specified, by the submission of:

(a) funds at least equal to:

1. 0.5 times the amount of the minimum of life laid down under the Special Legislation (6) as needed to ensure nutrition and other essential personal needs (hereinafter referred to as "the amount of the minimum of life for personal needs") per day of residence, provided that the total stay does not exceed 30 days;

2.15 times the amount of the minimum of life for personal use if the stay in the territory is to exceed 30 days, with the sum increasing by 2 times the minimum of life for each whole month of expected stay in the territory,

3.50 times the amount of the minimum of life for personal needs, if it is a residence for the purpose of a business which is to exceed 90 days in total; or

(b) a document certifying the payment of services connected with the residence of a stranger in the territory or a document certifying that the services will be provided free of charge.

(2) The provision of means of residence in the territory may be demonstrated instead of the funds referred to in paragraph 1.

(b) other proof of financial collateral, such as a valid internationally recognised credit card.

(3) A foreigner who will study in the territory may submit an undertaking issued by a State authority or a legal person as proof of the provision of the amount of the minimum amount of life in respect of personal needs for a period of 1 month of expected residence, or proof that all costs associated with his studies and residence will be reimbursed by the receiving organisation (school). If the amount in the commitment does not reach this level, the alien shall submit proof of ownership of the funds equal to the difference between the amount of the life minimum for personal needs and the obligation for the period of the intended stay, but not more than six times the amount of the life minimum for personal needs. The proof of the means of residence may be replaced by a decision or grant award contract obtained under an international agreement which the Czech Republic is bound by.

(4) A stranger who has not reached the age of 18 shall be required to prove half of the means of subsistence referred to in paragraph 1.

§ 14

Border guide

The border guide shall mean a document consisting of two identical parts containing the name and surname, date, month and year of birth of a stranger and fellow travellers under 15 years of age, the series and number of the travel document of a stranger, his nationality and sex. The border guide shall also contain the visa number, the factory name of the vehicle with which it enters the territory, the international registration number and the national registration number of the vehicle and its colour, the date and place of entry into the territory and the date of exit from the territory, the purpose and the place of residence. A border guide to a stranger who is not authorised to reside in a territory without a visa shall also contain a photograph.

§ 15

Invitation

In the invitation the receptionist undertakes to pay the costs

(a) linked to a living alien during his stay in the territory until he leaves the territory;

(b) linked to the accommodation of a stranger during his stay in the territory until he leaves the territory;

(c) linked to the provision of health care for the period of stay in the territory until leaving the territory, including, where appropriate, the transport of the sick or the remains of the deceased;

(d) formed by the police in connection with the stay in the territory and travel of a stranger from the territory during administrative expulsion.

§ 15a

(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

HLAVA III

TRANSITIONAL STAY IN THE TERRITORY

Díl 1

Transitional stay in the territory

§ 16

(1) The alien stays on the territory temporarily

(a) after the crossing of the national borders of the Czech Republic and the completion of the border inspection, he has not been refused entry into the territory by the police in the framework of the border inspection;

(b) where border control is not carried out after crossing national borders; or

(2) The transitional stay referred to in paragraph 1 (a) shall begin on the date and time of the crossing of the national borders of the Czech Republic, if the border control is carried out outside the territory, or on the date and time of the end of the border inspection, if it is carried out at the national borders of the Czech Republic or after the crossing of those borders.

§ 17

The alien may stay on the territory temporarily

(a) without a visa;

(b) on the basis of a short-stay visa, a long-stay visa, a diplomatic visa or a special visa,

(d) on the basis of an exit order.

§ 17a

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).

§ 17b

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 which entitles its holder to stay in the territory of another Contracting State (hereinafter referred to as the "long-stay visa").

Díl 2

Temporary stay in the territory without a visa

§ 18

A stranger may temporarily stay on the territory without a visa,

(a) if the international treaty so provides,

(b) if the Government so provides by its regulation (§ 181),

(d) if:

1. in the exercise of custody or in the execution of a custodial sentence; the alien may also stay in the territory without a travel document during that period,

2. placed in a police facility (7) or in a detention facility for foreigners (hereinafter referred to as "the facility") (§ 130); the alien may also stay in the territory without a travel document during that stay,

3. under 15 years of age during hospitalisation, if he has travelled with another stranger whose travel document he is registered in, and that stranger has left the territory; a stranger under 15 years of age may stay in the territory without a travel document during hospitalisation; or

4. the holder of a document authorising long-term or permanent residence in the territory of another Contracting State and the period of residence in the territory shall not exceed 3 months;

(e) if there is an executive or a member of the staff7a) scheduled air services, provided that he leaves the territory on the same or another scheduled flight; the alien may reside in the territory without a travel document, provided he is proved by a certificate of a crew member; or

(f) if there is an executive flyer or a member of the staff 7a) an aircraft that carries out operations outside regular air services for wages or rent, until the time of departure of the aircraft; this alien may reside in the territory without a travel document, provided it is proved by a crew member's certificate.

§ 19

Termination and termination of the temporary stay in the territory for which the visa is not required

(1) The stay of a stranger in a territory for which a visa is not required shall be terminated by the police if the alien:

(a) intentionally jeopardise public policy;

(b) infringes the obligation laid down by this law;

(c) he stays in the territory without a valid travel document, unless he is authorised to do so under this law or in the course of a police visit, he finds out the fact referred to in Article 9 (1) (d), (e), (f), (g) or (h); This does not apply if it is a citizen of the European Union, 1a)

(d) does not, at the request of the police, demonstrate the provision of means of residence in the territory (§ 13) or submit a certified invitation (§ 15 and 180); This does not apply if it is a citizen of the European Union, 1a)

(e) shall not, at the request of the police, prove that the costs of leaving the territory have been secured; This does not apply if it is a citizen of the European Union, 1a); or

(f) stay in the territory for a travel document declared invalid or stolen by the authority of the State which issued it;

provided that the consequences of this Decision are reasonable grounds for termination of the stay. 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.

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Regulation Information

Citation	Full text of Act No. 290 / 2004 Coll., Act No. 326 / 1999 Coll., on the residence of foreigners in the Czech Republic and on the amendment of certain laws, as is apparent from subsequent amendments
Regulation Type	Declared full text
Author	-
Collection	Code of Laws

Date of Promulgation	13.05.2004
Effective from	-
Effective until	-
Status	Valid

Legal Areas: Security International law International private law International public law Civil law Civil law of procedure Administrative offences Administrative authorities Administrative law Administrative procedure Science and research General internal administration

The regulation text is for informational purposes only.