Act No. 326 / 1999 Coll.
Act on the residence of foreigners in the Czech Republic and on the amendment of certain laws
Valid
Law
Effective from 01.01.2000
Contents
ČÁST PRVNÍ
HLAVA I
§ 1
§ 2
HLAVA II
§ 5
§ 9
§ 10
§ 12
§ 13
§ 14
§ 15
§ 15a
§ 15b
HLAVA III
Díl 1
§ 16
§ 17
§ 17b
Díl 2
§ 18
§ 19
Díl 3
§ 20
§ 21
Díl 4
Oddíl 1
§ 30
§ 31
§ 31a
§ 32
§ 33
§ 34
§ 35
§ 35a
§ 36
§ 37
§ 37a
§ 38
Oddíl 2
§ 40
§ 41
Oddíl 3
§ 42
§ 42a
§ 42b
§ 42c
§ 42d
§ 42e
§ 42f
§ 42g
§ 42h
§ 42i
§ 42j
§ 42k
§ 42l
§ 42m
§ 42n
§ 42o
§ 42p
§ 43
§ 44
§ 44a
§ 44b
§ 44c
§ 45
§ 46
§ 46a
§ 46b
§ 46c
§ 46d
§ 46e
§ 46f
§ 46g
§ 47
§ 48
§ 48a
§ 48b
Oddíl 4
§ 49
Díl 5
§ 49a
§ 49b
§ 49c
Díl 6
§ 50
§ 50a
§ 50b
Díl 7
§ 51
§ 52
§ 53
§ 54
§ 55
§ 56
§ 57
§ 58
§ 60
§ 62
§ 63
§ 64
HLAVA IV
Díl 1
§ 65
§ 66
§ 68
§ 69
§ 70
§ 71
§ 72
§ 74
§ 75
§ 76
§ 77
Díl 2
§ 83
§ 84
§ 85
Díl 4
§ 87
HLAVA IVa
Díl 1
§ 87a
§ 87b
§ 87c
§ 87d
§ 87e
§ 87f
Díl 2
§ 87g
§ 87h
§ 87i
§ 87j
§ 87k
§ 87l
§ 87m
Díl 3
§ 87n
§ 87o
§ 87p
§ 87r
§ 87s
§ 87t
Díl 5
§ 87u
§ 87v
§ 87w
§ 87x
§ 87y
§ 87z
§ 87aa
HLAVA V
§ 88
§ 89
HLAVA VI
§ 90
§ 91
§ 92
HLAVA VII
§ 93
§ 95
§ 96
§ 97
§ 98
§ 98a
§ 99
§ 100
§ 101
§ 102
HLAVA VIII
§ 103
§ 104
§ 105
§ 106
§ 107
HLAVA IX
§ 108
§ 109
§ 111
§ 113
§ 114
§ 115
§ 115b
§ 116
§ 117
HLAVA IXa
§ 117a
§ 117b
§ 117c
§ 117d
§ 117e
§ 117f
§ 117g
HLAVA X
§ 118
§ 119
§ 119a
§ 120
§ 120a
§ 121
§ 122
§ 123
§ 123a
HLAVA XI
§ 123b
§ 123c
§ 124
§ 124a
§ 124b
§ 125
§ 126
§ 126a
§ 126b
§ 127
§ 128
§ 129
§ 129a
HLAVA XII
§ 130
§ 131
§ 132
§ 132a
§ 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 XIIIa
§ 155a
§ 155b
HLAVA XIV
§ 156
§ 157
§ 157a
HLAVA XV
§ 158
§ 158a
§ 158b
§ 159
§ 160
§ 160a
HLAVA XVI
§ 161
§ 161a
§ 163
§ 164
§ 165
§ 165a
§ 166
§ 167
§ 167a
HLAVA XVII
§ 168
§ 169
§ 169a
§ 169b
§ 169c
§ 169d
§ 169e
§ 169f
§ 169g
§ 169h
§ 169i
§ 169j
§ 169k
§ 169l
§ 169m
§ 169n
§ 169o
§ 169p
§ 169q
§ 169r
§ 169s
§ 169t
§ 169u
§ 169v
§ 170
§ 170a
§ 170b
§ 170c
§ 170d
§ 170e
§ 170f
§ 170g
§ 171
§ 172
§ 172a
HLAVA XVIII
§ 173
§ 173a
§ 174
§ 174a
§ 175
§ 176
§ 176a
§ 176b
§ 176c
§ 177
§ 178
§ 178a
§ 178b
§ 178c
§ 178d
§ 178e
§ 178f
§ 179
§ 180
§ 180a
§ 180b
§ 180c
§ 180d
§ 180e
§ 180f
§ 180g
§ 180h
§ 180i
§ 180j
§ 180ja
§ 180jb
§ 180k
HLAVA XIX
§ 181
§ 181a
§ 181b
§ 182
§ 182a
§ 182b
§ 183
§ 184a
ČÁST TŘETÍ
§ 186
ČÁST ČTVRTÁ
§ 187
ČÁST PÁTÁ
§ 188
§ 200o
§ 200p
§ 200q
§ 200r
§ 200s
§ 200t
§ 200u
ČÁST ŠESTÁ
§ 189
§ 190
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326
THE LAW
of 30 November 1999
on the residence of foreigners in the Czech Republic and on the amendment of certain laws
Parliament has decided on this law of the Czech Republic:
STAY IN THE TERRITORY OF THE CZECH REPUBLIC
INTRODUCTORY PROVISIONS
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).
(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 (hereinafter referred to as 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).
Scope of the law
This law does not apply to foreigners who:
(a) is an applicant for international protection, a foreigner who is admitted to the territory, an asylum seeker or a person enjoying supplementary protection2), unless otherwise provided for by this law or specific legislation;
(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.
Entry into the territory
(1) The conditions of entry into the territory and the conduct of border checks are laid down in the directly applicable European UnionRegulation (1). The control carried out during the temporary reintroduction of internal border control for the purpose of their protection under the Law on the Protection of State Borders (3b) shall be deemed to be border control under that law.
(2) When entering the territory, a stranger shall be obliged to demonstrate, at the time of border inspection, compliance with the conditions laid down in the directly applicable European Union1 Regulation and shall be required to:
(a) complete and sign the border guide;
(b) bear the verification of the authenticity of the travel document and the verification of its identity by means of the personal data entered in the travel document, or by comparison of biometric data processed in the data medium by means of a technical device enabling the comparison of the current biometric data of a stranger with biometric data processed in the travel document's data medium, if applicable, if the travel document contains a biometric data carrier.
(3) The obligation to present a travel document shall not apply to a stranger who is less than 15 years old and is entered in another stranger's travel document.
(4) Compliance with the conditions referred to in paragraph 1 and paragraph 2 (a) shall not apply to a stranger who:
(a) taken from a foreign State authority in accordance with the Special Law (5);
(b) through the territory (§ 152); or
(c) transferred to the territory under an international treaty to which the Czech Republic is bound, hereinafter referred to as the "international treaty" or the directly applicable European Union law.
(5) A citizen of the European Union and a family member of a citizen of the European Union are required to submit a travel document at border inspection. If a citizen of the European Union does not have a travel document or cannot obtain it, the police will allow him, during border inspection, to prove his identity and the fact that he is a citizen of a Member State of the European Union, to another document. If a family member of a citizen of the European Union does not have a travel document or cannot obtain it, the police will allow him to prove his identity and the fact that he is a family member of a citizen of the European Union by means of another document.
(6) A family member of a European Union citizen who is not a citizen of the European Union himself shall also be required to submit a visa for residence in the territory at border inspection if he is subject to a visa requirement.
Denied entry into the territory
(1) The police refuse to enter the territory if
(a) has no valid travel document;
(b) submit a forged or amended travel document, visa or residence permit;
(c) not to submit a visa if the alien is subject to a visa requirement or residence permit;
(d) shall not produce documents proving the purpose and security of the conditions of residence in the territory;
(e) it does not have sufficient means to stay in and out of the territory;
(f) is an undesirable person (§ 154);
(g) it is included in an information system established by States bound by international agreements on the elimination of checks at common frontiers (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;
(h) there is a reasonable risk that an alien may endanger the security of the state during his stay in the territory, seriously disturb public order or threaten the international relations of the Czech Republic;
(i) there is a reasonable risk that an alien may endanger his or her security or, in the territory of another Contracting State, seriously undermine public policy or threaten the international relations of the Contracting States; or
(j) does not meet the requirements laid down by the Ministry of Health before the introduction of an infectious disease from abroad under the Public Health Protection Act (hereinafter referred to as "the requirement of measures before the introduction of an infectious disease").
(2) The police may refuse entry into the territory on the grounds referred to in points (a), (b), (f) to (j) of paragraph 1 to a stranger who has been granted a visa over 90 days for the purpose of taking over a long-stay permit or permanent residence permit.
(3) Police refuse entry to the territory
(a) a citizen of the European Union;
1. if he does not have a valid travel document and does not fulfil the conditions laid down in Paragraph 5 (5),
2. submit a forged or modified travel document or residence permit;
3. If it does not meet the requirements of the measures before the introduction of the infectious disease,
4. where there is a reasonable risk that the State's security or serious disturbance to public policy may be jeopardised during his stay in the territory; or
5. Where an undesirable person is entered in the register and the competent authority which has initiated the inclusion of a citizen of the European Union in that register (§ 154 (2)) provides additional information which may be considered as posing a reasonable risk that, when staying in the territory of the Member State, it may jeopardise the security of the State or seriously undermine public policy;
(b) a family member of a citizen of the European Union who is not himself a citizen of the European Union;
1. on the grounds referred to in point (a),
2. If he does not submit a visa, if he is subject to a visa requirement or residence permit,
3. Where there is a reasonable risk that the security of another Contracting State or in that State could be jeopardised in a serious manner,
4. Where 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, it shall provide additional information which may be considered, after evaluation, as there is a reasonable risk of being present in the territory of another Contracting State, of endangering his or her safety or seriously disrupting public policy.
(4) The police shall take a decision to refuse entry if they refuse entry into the territory of a citizen of the European Union1b on the grounds referred to in paragraph 3 (a). Similarly, the police shall proceed in the case of a family member of a citizen of the European Union1b (b) if the family member of that citizen of the European Union accompanies or if the family member proves that the citizen of the European Union is staying in the territory. A decision to refuse entry shall not be given where the ground for refusal of entry is the final judgment of the court of expulsion or the final decision of administrative expulsion.
(5) A stranger who has been denied entry into the territory must travel abroad without undue delay, unless otherwise specified.
(6) If a stranger who has been refused entry into the territory at an international airport cannot be brought back from that airport without delay, the police will arrange for the transport of a stranger to another international airport from which he will be brought back abroad without delay. If, according to the first sentence, a stranger cannot be transported back to or from another international airport without delay and if he is not refused entry to the territory at an international airport, the police will arrange for the carriage of a stranger to another suitable international airport at which such a room is secured and, where appropriate, for the purpose of his departure from the territory to an international airport from which he will be brought back abroad.
(7) The alien referred to in paragraph 6 is entitled to remain in the territory only for as long as is strictly necessary; stay on the territory shall not be considered a residence under this Act. For the purpose of transporting a stranger to an international airport and the scope of a police authorisation, such a stranger shall be treated as a stranger secured under Title XI.
(1) The obligation of a stranger who has been refused entry into the territory to travel back abroad does not apply to a stranger if:
(a) his life is immediately at risk because of an accident or sudden illness;
(b) the failure to provide him with urgent health care would result in permanent disease changes; or
(c) it is necessary to provide urgent health care in connection with childbirth.
(2) Where the state of health of a stranger not subject to travel obligations under paragraph 1 requires urgent transport to a health service provider, the police shall ensure that he is transported to a health service provider in the territory.
(3) An alien not subject to travel obligations under paragraph 1 is entitled to remain in the territory only for the period strictly necessary; stay on the territory shall not be considered a residence under this Act. For the purposes of providing health care and the scope of police authorisation, such a stranger shall be treated as a stranger secured under Title XI. Where an alien is admitted to provide the health care referred to in paragraph 1 to a provider of health services providing constitutional care, the police may refrain from guarding the alien during his hospitalisation.
(4) The police will transport foreigners to the border crossing for their return abroad as soon as they are able to travel with regard to their health.
If the conditions laid down in Article 23a of the Schengen Borders Code are met, the police may decide to retransfer a third-country citizen from the territory and to take a third-country citizen back to the territory. The re-transfer decision is the first action in the proceedings and is issued on a single form for the movement of persons detained in border areas (72). The decision shall become final by notification; appeals, resumption of proceedings and review proceedings shall not be admissible. The police will instruct a third-country citizen about his right to bring an action against this decision.
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 existence minima laid down by special legislation6 (hereinafter referred to as the "existential minima") per day of residence, provided that such stay does not exceed a total of 30 days;
2.15 times the amount of the existential minimum, if the stay in the territory is to exceed 30 days, the amount being increased for each whole month of expected stay in the territory by 2 times the amount of the existential minimum,
3.50 times the amount of the existence minimum if it is a stay for the purpose of a business which is intended 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 within the territory of the amount referred to in paragraph 1 (a), if it is for a stay of more than 3 months, shall be demonstrated:
(a) a statement from an account held in a bank or other financial institution in the name of a stranger indicating that an alien may have funds equivalent to that referred to in paragraph 1 (a) during his stay in the territory;
(b) other proof of financial collateral which implies that the alien may have cash at his disposal at the level referred to in paragraph 1 (a), or that he has paid the costs associated with his stay in the territory; or
(c) valid by an internationally recognised payment card; upon request, the alien is required to present at the same time an extract of an account held in a bank or other financial institution which implies that he may have funds equivalent to that referred to in paragraph 1 (a).
(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 funds to a stranger in the territory equal to the amount of the existence minimum for one month of the expected stay, or proof that all costs associated with his studies and residence will be paid by the receiving organisation (school). If the amount in the undertaking does not reach this level, the alien shall submit proof of ownership of the funds equal to the difference between the amount of the existence minimum and the obligation for the period of the intended stay, but not more than 6 times the amount of the existence minimum. 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.
Border guide
The border guide shall be understood as a registration document containing the particulars of the name and surname, date, month and year of birth of the stranger and of fellow travellers under 15 years of age, the series and number of the travel document of the alien, 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.
Invitation
The scope of the information given in the invitation to reside of a stranger in a territory which does not exceed 3 months shall be determined by the directly applicable European Union27).
Family member of a European Union citizen
(1) For the purposes of this Act, a family member of a citizen of the European Union shall be understood as his
(a) spouse,
(b) a parent, if he / she is a citizen of the European Union under 21 years of age who he / she actually cares for,
(c) a descendant less than 21 years old or such a descendant of a spouse of a citizen of the European Union; and
(d) the descendant or ancestor or ancestor of a spouse of a citizen of the European Union, if, by reason of satisfying his essential needs, he is dependent on nutrition or other necessary care provided by a citizen of the European Union or his spouse, or was dependent on such nutrition or other necessary care immediately prior to entry into the territory of the State of which he is a citizen or in the State in which he was authorised.
(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.
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.
TRANSITIONAL STAY IN THE TERRITORY
Transitional stay in the territory
(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
(c) from the date of birth in the territory under the conditions laid down in this Law (§ 88).
(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.
The alien may stay on the territory temporarily
(a) without a visa;
(b) on the basis of a short-stay visa issued under a directly applicable European Union27); or
(c) on the basis of a long-stay visa, long-stay permit or temporary residence permit.
Long-stay visa
The long-stay visa is over 90 days.
Temporary stay in the territory without a visa
A stranger may temporarily stay on the territory without a visa,
(a) provided that the provisions of the European Union6a are directly applicable and that the provisions of this law are not otherwise laid down by an international treaty or regulation of the Government [Paragraph 181 (a)];
(b) where, in accordance with the provisions directly applicable to the European Union6a, an international treaty or government so provides by its regulation [Paragraph 181 (b)],
(c) if he is a citizen of the European Union, 1b)
(d) if:
1. in the exercise of security detention, detention or in the execution of a prison sentence or of a house arrest sentence, or if he is a child with his mother in prison; 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. as a minor child, on the basis of an interim measure of the competent authority, placed in an institution for children requiring immediate assistance (28) or in an institution for the care of children or on the basis of an interim measure of the competent authority or a decision of the competent authority of the social protection of children entrusted to the care of a natural person;
5. the holder of a document of residence in the territory of another Contracting State and the period of residence in the territory shall not exceed 3 months;
6. a pupil who is not a national of a Member State of the European Union but who resides in another Member State of the European Union and travels on a school trip within the European Union as a member of a group of pupils accompanied by a teacher, and who is listed on a single form 7b) indicating the identity of the pupils, the purpose and duration of their stay or transit;
7. a member of the family of a citizen of the European Union who is not a citizen of the European Union, holder of a residence card or a permanent residence card in the territory of another Member State of the European Union and the duration of residence in the territory shall not exceed 3 months;
(e) if he is a family member of a citizen of the European Union in accordance with Article 15a (1) or (2) whose short-stay visa has expired if he resides in the territory with a citizen of the European Union and his stay in the territory does not exceed 3 months;
(f) if he holds a residence visa of more than 90 days or a long-stay permit issued by another Member State of the European Union for the purpose of scientific research and the period of stay in the territory for the purpose of scientific research does not exceed 1 year; a family member of that alien who accompanies him and holds a long-term residence permit issued by another Member State of the European Union may stay in the territory without a visa for that period; or
(g) if he holds a residence visa of more than 90 days or a long-stay permit issued by another Member State of the European Union for the purpose of studying under a European Union programme or a multilateral programme comprising a mobility measure or an agreement negotiated between a higher education institution in another Member State of the European Union and an institution which has been authorised to pursue a university activity in the territory and a period of stay in the territory for the purpose of studies shall not exceed 1 year.
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 seriously disrupted public policy;
(b) infringes the obligation laid down by this law;
(c) resides in a territory without a valid travel document, unless it is authorised to do so under this law or in the course of a police visit, it shall establish the fact referred to in Article 9 (1) (b), (f), (g), (h), (i) or (j);
(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); or
(e) 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 are reasonable grounds for termination of the stay. In assessing the adequacy of the police, they shall take account in particular of the effects of termination of residence in the private and family life of a stranger.
(2) The stay of an alien in the territory for which a visa is not required shall cease if the alien resides in the territory in contravention of an international agreement or regulation of a government issued pursuant to Paragraph 181.
(3) The police will terminate the stay referred to in paragraph 1 by issuing an exit order. The exit order shall also be issued by the police in the event of termination of the stay referred to in paragraph 2. The alien is obliged to leave the territory at the time of the exit order, unless a procedure for expulsion of the alien is initiated under this law ("administrative expulsion ').
Transitional stay on short-stay visas
(1) The conditions for granting a short-stay visa, the grounds for not granting it, the conditions for extending the period of stay to a short-stay visa and the grounds for invalidating it are laid down in the directly applicable European Union27). The reasons for not granting or withdrawing a short-stay visa shall be notified to the alien on a single form (27).
(2) A short-stay visa at the border crossing point is issued and marked by the police in the travel document.
(3) A request to extend the period of validity of a short-stay visa or stay on the territory of a short-stay visa shall be submitted by a stranger to the police.
(4) A family member of a citizen of the European Union as referred to in Article 15a (1) or (21b) who is not a citizen of the European Union himself 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 is entitled to apply for a short-stay visa also at the border crossing point.
(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 Paragraph 15a or a European Union citizen who does not accompany or follow.
(6) The family member of a citizen of the European Union referred to in Article 15a (3) is 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), there is no legal entitlement to a short-stay visa.
(7) The representative office shall inform the alien referred to in paragraph 5 in writing of the grounds for not granting the visa and of its authorisation to request, within 15 days of the date of receipt of the notification of the non-granting of the visa by the Ministry of Foreign Affairs, a reassessment of the grounds for not granting the visa (§ 180e) and the subsequent possibility of examining the grounds for not granting the visa by the court. In the event of a visa not being issued at the border crossing point, information on the authorisation to request a reassessment of the reasons for the visa not being issued by the Ministry (§ 180e) and subsequent examination of the reasons for the non-issuance by the court shall be communicated by the police.
Contents
ČÁST PRVNÍ
HLAVA I
§ 1
§ 2
HLAVA II
§ 5
§ 9
§ 10
§ 12
§ 13
§ 14
§ 15
§ 15a
§ 15b
HLAVA III
Díl 1
§ 16
§ 17
§ 17b
Díl 2
§ 18
§ 19
Díl 3
§ 20
§ 21
Díl 4
Oddíl 1
§ 30
§ 31
§ 31a
§ 32
§ 33
§ 34
§ 35
§ 35a
§ 36
§ 37
§ 37a
§ 38
Oddíl 2
§ 40
§ 41
Oddíl 3
§ 42
§ 42a
§ 42b
§ 42c
§ 42d
§ 42e
§ 42f
§ 42g
§ 42h
§ 42i
§ 42j
§ 42k
§ 42l
§ 42m
§ 42n
§ 42o
§ 42p
§ 43
§ 44
§ 44a
§ 44b
§ 44c
§ 45
§ 46
§ 46a
§ 46b
§ 46c
§ 46d
§ 46e
§ 46f
§ 46g
§ 47
§ 48
§ 48a
§ 48b
Oddíl 4
§ 49
Díl 5
§ 49a
§ 49b
§ 49c
Díl 6
§ 50
§ 50a
§ 50b
Díl 7
§ 51
§ 52
§ 53
§ 54
§ 55
§ 56
§ 57
§ 58
§ 60
§ 62
§ 63
§ 64
HLAVA IV
Díl 1
§ 65
§ 66
§ 68
§ 69
§ 70
§ 71
§ 72
§ 74
§ 75
§ 76
§ 77
Díl 2
§ 83
§ 84
§ 85
Díl 4
§ 87
HLAVA IVa
Díl 1
§ 87a
§ 87b
§ 87c
§ 87d
§ 87e
§ 87f
Díl 2
§ 87g
§ 87h
§ 87i
§ 87j
§ 87k
§ 87l
§ 87m
Díl 3
§ 87n
§ 87o
§ 87p
§ 87r
§ 87s
§ 87t
Díl 5
§ 87u
§ 87v
§ 87w
§ 87x
§ 87y
§ 87z
§ 87aa
HLAVA V
§ 88
§ 89
HLAVA VI
§ 90
§ 91
§ 92
HLAVA VII
§ 93
§ 95
§ 96
§ 97
§ 98
§ 98a
§ 99
§ 100
§ 101
§ 102
HLAVA VIII
§ 103
§ 104
§ 105
§ 106
§ 107
HLAVA IX
§ 108
§ 109
§ 111
§ 113
§ 114
§ 115
§ 115b
§ 116
§ 117
HLAVA IXa
§ 117a
§ 117b
§ 117c
§ 117d
§ 117e
§ 117f
§ 117g
HLAVA X
§ 118
§ 119
§ 119a
§ 120
§ 120a
§ 121
§ 122
§ 123
§ 123a
HLAVA XI
§ 123b
§ 123c
§ 124
§ 124a
§ 124b
§ 125
§ 126
§ 126a
§ 126b
§ 127
§ 128
§ 129
§ 129a
HLAVA XII
§ 130
§ 131
§ 132
§ 132a
§ 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 XIIIa
§ 155a
§ 155b
HLAVA XIV
§ 156
§ 157
§ 157a
HLAVA XV
§ 158
§ 158a
§ 158b
§ 159
§ 160
§ 160a
HLAVA XVI
§ 161
§ 161a
§ 163
§ 164
§ 165
§ 165a
§ 166
§ 167
§ 167a
HLAVA XVII
§ 168
§ 169
§ 169a
§ 169b
§ 169c
§ 169d
§ 169e
§ 169f
§ 169g
§ 169h
§ 169i
§ 169j
§ 169k
§ 169l
§ 169m
§ 169n
§ 169o
§ 169p
§ 169q
§ 169r
§ 169s
§ 169t
§ 169u
§ 169v
§ 170
§ 170a
§ 170b
§ 170c
§ 170d
§ 170e
§ 170f
§ 170g
§ 171
§ 172
§ 172a
HLAVA XVIII
§ 173
§ 173a
§ 174
§ 174a
§ 175
§ 176
§ 176a
§ 176b
§ 176c
§ 177
§ 178
§ 178a
§ 178b
§ 178c
§ 178d
§ 178e
§ 178f
§ 179
§ 180
§ 180a
§ 180b
§ 180c
§ 180d
§ 180e
§ 180f
§ 180g
§ 180h
§ 180i
§ 180j
§ 180ja
§ 180jb
§ 180k
HLAVA XIX
§ 181
§ 181a
§ 181b
§ 182
§ 182a
§ 182b
§ 183
§ 184a
ČÁST TŘETÍ
§ 186
ČÁST ČTVRTÁ
§ 187
ČÁST PÁTÁ
§ 188
§ 200o
§ 200p
§ 200q
§ 200r
§ 200s
§ 200t
§ 200u
ČÁST ŠESTÁ
§ 189
§ 190
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Regulation Information
| Citation | Act No. 326 / 1999 Coll., on the residence of foreigners in the Czech Republic and on the amendment of certain laws |
|---|---|
| Regulation Type | Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 23.12.1999 |
|---|---|
| Effective from | 01.01.2000 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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