What is Act No. 379 / 2007 Coll.?

Act No. 379 / 2007 Coll., amending Act No. 326 / 1999 Coll., on the residence of foreigners in the Czech Republic and amending certain laws, as amended, Act No. 325 / 1999 Coll., on asylum and amending Act No. 283 / 1991 Coll., on the Police of the Czech Republic, as amended, (Act on asylum), as amended, and certain other laws — Act amending Act No. 326 / 1999 Coll., on the residence of foreigners in the Czech Republic and amending certain laws, as amended, Act No. 325 / 1999 Coll., on asylum and amending Act No. 283 / 1991 Coll., on the Police of the Czech Republic, as amended, (Act on asylum), as amended, and certain other laws.

When it became Act No. 379 / 2007 Coll. effectiveness?

Act No. 379 / 2007 Coll. became effective 21.12.2007.

Is Act No. 379 / 2007 Coll. still valid?

Yes, Act No. 379 / 2007 Coll. is still valid and effective.

How many times was it Act No. 379 / 2007 Coll. amended?

Act No. 379 / 2007 Coll. has 5 time versions of the text.

Act No. 379 / 2007 Coll.

Act amending Act No. 326 / 1999 Coll., on the residence of foreigners in the Czech Republic and amending certain laws, as amended, Act No. 325 / 1999 Coll., on asylum and amending Act No. 283 / 1991 Coll., on the Police of the Czech Republic, as amended, (Act on asylum), as amended, and certain other laws

Valid Law Effective from 21.12.2007

Text versions: 01.08.2016 01.01.2009 01.09.2008 21.12.2007

ČÁST PRVNÍ Čl. I „§ 5 „§ 9 „§ 42f „§ 46d „§ 48a „§ 48b „§ 67 „§ 90 „§ 98a „§ 104 „§ 123a „§ 124b „§ 126a § 126b „§ 132a „§ 163 „§ 164 „§ 180d „§ 180f § 180g § 180h § 180i Čl. II ČÁST DRUHÁ Čl. III „§ 46a „§ 54 „§ 73 Čl. IV ČÁST TŘETÍ Čl. V „ČÁST OSMÁ § 30a § 30b § 30c § 30d § 30e § 30f § 30g ČÁST ČTVRTÁ Čl. VI ČÁST PÁTÁ Čl. VII ČÁST ŠESTÁ Čl. VIII ČÁST SEDMÁ Čl. IX ČÁST OSMÁ Čl. X ČÁST DESÁTÁ Čl. XII ČÁST DVANÁCTÁ Čl. XIV

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379

THE LAW

of 5 December 2007

amending Act No. 326 / 1999 Coll., on the residence of foreigners in the Czech Republic and amending certain laws, as amended, Act No. 325 / 1999 Coll., on asylum and amending Act No. 283 / 1991 Coll., on the Police of the Czech Republic, as amended, (Act on asylum), as amended, and certain other laws

Parliament has decided on this law of the Czech Republic:

ČÁST PRVNÍ

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

Čl. I

Act No. 326 / 1999 Coll., on the residence of foreigners in the Czech Republic and amending certain laws, as amended by Act No. 140 / 2001 Coll., Act No. 151 / 2002 Coll., Act No. 217 / 2002 Coll., Act No. 222 / 2003 Coll., Act No. 436 / 2004 Coll., Act No. 501 / 2004 Coll., Act No. 539 / 2004 Coll., Act No. 559 / 2004 Coll., Act No. 428 / 2005 Coll., Act No. 444 / 2005 Coll., Act No. 112 / 2006 Coll., Act No. 136 / 2006 Coll., Act No. 165 / 2006 Coll., Act No. 230 / 2006 Coll., Act No. 170 / 2007 Coll., is amended as follows:

1. Paragraph 1 (1), including footnote 1, reads as follows:

"(1) This Act regulates, following the directly applicable legislation of the European Community1) 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 conditions for the residence of a foreigner 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 ') and the Ministry of Foreign Affairs in this area of government.

(1) Regulation (EC) No 562 / 2006 of the European Parliament and of the Council of 15 March 2006 establishing a Community code on rules governing the movement of persons across borders (Schengen Borders Code). '.

Footnotes 1 to 1c to date shall be renumbered as footnotes 1a to 1d, including the footnotes.

2. Paragraph 3 is deleted.

3. Paragraph 4 (2) is deleted.

Paragraphs 3 and 4 shall become paragraphs 2 and 3.

4. Paragraph 4 (2) reads as follows:

"(2) The police shall confirm the entry into the territory, in accordance with the provisions of the directly applicable legislation of the European Community1) by means of an entry stamp on his travel document."

„§ 5

(1) The conditions for entry into the territory and for carrying out border checks are laid down in the directly applicable legislation of the European Communities (1).

(2) When entering the territory, a stranger shall be obliged to demonstrate, at the time of border inspection, compliance with the conditions laid down directly by the applicable European Commonwealth Regulation (1) and shall be obliged 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 in accordance with an international treaty or directly applicable legislation of the European Communities.

(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.

5) Title twenty-fifth of the Penal Code. ';

7. Paragraph 9, including the title and footnote 5a, reads as follows:

„§ 9

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;

(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 breach public policy or threaten the international relations of the Contracting States in his or her stay in the territory of another Contracting State; or

(j) there is a reasonable suspicion that the alien is suffering from a disease listed in the Decree of the Ministry of Health (Section 182a (1)) ("serious illness").

(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 there is a reasonable suspicion that he is suffering from a serious illness,

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 a citizen of the European Union is entered in the register of undesirable persons and the competent authority which has made the complaint for the inclusion of a citizen of the European Union in that register (§ 154 (2)) confirms that there is a reasonable risk that he may, while staying in the territory, endanger the security of the State or distort 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 may be jeopardised or in breach of public policy;

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 confirm that there is a reasonable risk that, while he is in the territory of another Contracting State, he may jeopardise his safety or undermine 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.

(5a) The Agreement between the Governments of the States of the Benelux Economic Union, the Federal Republic of Germany and the French Republic on the gradual abolition of checks at common borders, signed at Schengen in the Grand Duchy of Luxembourg on 14 June 1985. The Convention signed in Schengen on 19 June 1990 between the Kingdom of Belgium, the Federal Republic of Germany, the French Republic, the Grand Duchy of Luxembourg and the Kingdom of the Netherlands for the implementation of the Agreement signed on 14 June 1985 on the gradual abolition of checks at common borders. '

8. Article 11 shall be deleted;

9. Article 11a is deleted.

10. in Article 15a (1), the words "with whom he nourishes and lives in the common household" shall be added at the end of the text of point (b).

11. in Article 15a (3) of the introductory part of the provision, the words "a citizen of the European Union or his dependent spouse" shall be inserted after the words "considered."

12. in Paragraph 15a (4):

"(4) The provisions of this law, concerning a family member of a citizen of the European Union, shall apply mutatis mutandis to a foreigner who has demonstrated in a credible manner that:

(a) is related to a citizen of the European Union other than those referred to in paragraph 1 where:

1. in the State of which he is a citizen, or in the State in which he was authorised to remain permanently or for the long term, he lived with a European Union citizen in the common household;

2. Is a citizen of the European Union dependent, or

3. Can't take care of himself because of the long-term unfavourable health conditions without the personal care of a citizen of the European Union, or

(b) has a permanent relationship with a citizen of the European Union similar to that of a family and lives with him in the same household. ';

13. in Article 15a, the following paragraph 5 is added:

"(5) The provisions of this Act concerning a family member of a citizen of the European Union apply also to a stranger who is a family member of a national of the Czech Republic 1a)."

14. in Paragraph 18 (d), point 6 shall be deleted;

Points 7 and 8 shall become points 6 and 7.

15. in Paragraph 18 (d) (6):

'6. A member of the family of a citizen of the European Union who is not a citizen of the European Union himself shall hold a document authorising temporary or permanent residence in the territory of another Member State of the European Union and shall not exceed 3 months of residence in the territory; or '.

16. In Paragraph 18, the word "or 'shall be added at the end of point (d), at the end of point (e), the comma shall be replaced by a dot and points (f) and (g) shall be deleted.

17. in Paragraph 19 (1) (c), "(d), (e), (f), (g) or (h)" shall be replaced by "(b), (f), (g), (h), (i) or (j)";

18. in Article 23 (1) at the end of the text of (d), Article 25 at the end of the text of (c), Article 27 (1) at the end of the text of (b) and Article 31 (1) at the end of the text of (f), the words "this shall not apply if a foreign figure is recorded."

19. in Article 26 (3), the words "two entrances" shall be inserted after the words "one-off."

20. In paragraph 27, the following paragraph 3 is inserted after paragraph 2, including footnote 8a:

"(3) An alien holding a residence permit for the purpose of scientific research in the territory of another Member State of the European Union8a shall be obliged to submit a hosting agreement concluded with a research organisation established in the territory of that Member State and, upon request, the formalities referred to in paragraph 1 (a), (b) and (e).

(8a) Council Directive 2005 / 71 / EC of 12 October 2005 on a special procedure for the admission of third-country nationals for the purposes of scientific research. ';

Paragraphs 3 and 4 shall be renumbered paragraphs 4 and 5.

Footnotes Nos 8a to 8d are referred to as footnotes 8b to 8e, including footnote references.

21. In § 27 (4), § 28, § 31 (5), § 40 (3), § 42b (4), § 42c (3) (b), § 42c (6), § 42d (3), § 56 (1) (j) and § 57 (2), "§ 6 (9)" is replaced by "§ 180i (2)."

22. In the second sentence of Article 27 (4), the words "two entries or a visa 'shall be inserted after the words" as a visa'.

23. in Articles 29 (3), 35 (2), 44a (4) and 44a (6) (b), the word "Regulation 5)" is replaced by "Regulation 8b)."

Footnote 8b:

"8b) Act No. 48 / 1997 Coll., on Public Health Insurance and on the amendment and addition of related laws, as amended."

Footnotes 8b to 8e to date are renumbered as footnotes 8c to 8f, including footnote references.

24. in § 29a (1) (e) and § 180 (6) (c), "§ 5 (a) (4)" is replaced by "§ 180i (1)."

25. in Article 29a (1) (e), the words "two entries" shall be inserted after the words "visa issued."

26. in Article 29b (2) (a), the words "the extension and the duration of stay shall be notified by the authority of the Contracting State which issued the visa" shall be deleted.

27. in Article 29b (2) (c), the words'; the authority of the Contracting State which issued the visa shall be informed of the revocation 'shall be deleted.

28. In Article 29b, the following paragraph 3 is added:

"(3) The police or the Ministry of Foreign Affairs shall inform the authority of the Contracting State which issued the visa of the amendment or revocation of the uniform Schengen visa referred to in paragraph 2. ';

29. in Article 30 (2), the words "or for the purposes of studies in the territory or" shall be replaced by "; studies or scientific research; long-term residence permits issued pursuant to Article 42 (3) or";

30. In the first and fourth sentences of Paragraph 30 (4), the words "or for the purposes of studies on the territory or 'are replaced by', studies or scientific research, long-term residence permits issued pursuant to Article 42 (3) or ';

31. in Article 30, the following paragraph 6 is added:

"(6) An application for a residence visa of more than 90 days for research purposes shall be entitled to be lodged in the territory by a stranger who holds a long-term residence permit for scientific research in the territory of another Member State of the European Union8a) and a residence visa of up to 90 days if the purpose of such stay requires the residence of a stranger in the territory of more than 3 months. '

32. In Paragraph 31, the following paragraph 3 is inserted after paragraph 2:

"(3) An alien holding a residence permit for the purpose of scientific research in the territory of another Member State of the European Union8a shall be obliged to submit to the application for a visa for a stay of more than 90 days for research purposes.

(a) a hosting agreement concluded with a research organisation established in the territory of that Member State;

(b) the particulars referred to in paragraph 1 (a), (e) and (f);

(c) a written statement by the research organisation (Paragraph 42f (1)) on the purpose of his stay in the territory; and

(d) on request, the documents referred to in paragraph 5. ";

Paragraphs 3 to 5 shall be renumbered paragraphs 4 to 6.

33. In § 35 (2), § 42b (3), § 42c (3) (e), § 42c (4) and (6), § 42d (2) (d), "§ 31 (4)" is replaced by "§ 31 (5)."

34. in Paragraph 37 (2) (c), "(g), (h) or (i)" shall be replaced by "(a) or (b)";

35. In Paragraph 42, the following paragraph 3 is inserted after paragraph 2:

"(3) In addition, an application for a long-term residence permit shall be entitled to be submitted by a spouse, minor or adult child to a spouse or such child to a stranger who applies for a long-term residence permit for the purpose of scientific research or who is already in the territory for that purpose (" family member of a researcher '). The application shall be accompanied by the information referred to in paragraph 1 (a), (c) to (f) of Article 31 and shall be accompanied by proof that it is a member of the researcher's family; on request, it is also obliged to submit the particulars referred to in § 31 (5). Before issuing a visa for a stay of more than 90 days for the purpose of taking over a long-term residence permit, a family member of a researcher shall be required to submit proof of travel sickness insurance during his stay in the territory; This shall not apply if the cases referred to in Paragraph 180i (2) are concerned.';

Paragraphs 3 to 5 shall be renumbered paragraphs 4 to 6.

36. In Paragraph 42 (5), the words "to the police 'shall be replaced by the words" to paragraph 1, 2 or 4 shall be submitted to the police and the application for a long-term residence permit referred to in paragraph 3 shall be submitted to the representative office'.

37. In Paragraph 42 (5), the sentence "Submission of a long-term residence permit to the police is further authorised by a family member of a researcher holding a visa over 90 days."

38. in Article 42b (1) at the end of the text of (c) and Article 70 (2) at the end of the text of (g), the words "this shall not apply if the alien proves that he cannot produce this document on his own grounds."

39. in Article 42b (1) (d), the word "monthly" shall be inserted after the word "aggregated."

40. in Paragraph 42b (1) (d) (2), "Regulation 9j)" is replaced by "Regulation 9e";

Footnote 9j is renumbered footnote 9e, including the footnotes, and footnotes 9e to 9j are renumbered footnotes 9f to 9k, including the footnotes.

(41) In Article 42c (3) (c), the words "the possibility of spending, on a monthly basis, sufficient funds to ensure the maintenance and other essential needs of the applicant and of the dependants and the necessary household costs under the special rule (9d)" shall be replaced by the words "that the applicant's aggregate monthly income and the persons examined together with him shall not be less than the sum of the amounts of the applicant's living minim9d) and the persons jointly assessed and the maximum amount of the standard housing costs determined for the purpose of the housing allowance by the special legislation9e), or the amount which the applicant has demonstrated in a credible way as the amount of the actual justified costs incurred for his and the persons jointly assessed; the persons assessed jointly for the purposes of this Act are those referred to in Article 4 (1) (a) to (c) of the Life and Existence Minimes Act under the conditions set out in Article 4 (2) and (3) of the Life and Existence Minimes Act, '.

42. In Article 42c (6), the words "the possibility of spending, on a monthly basis, sufficient money to ensure the maintenance and other essential needs of the applicant and of the members of the family and the necessary household costs under the special rule 9d," shall be replaced by the words "that the aggregate monthly income of the applicant and the persons examined together with him (3 (c)) shall not be less than the sum of the amounts of the applicant's living minimum (9d) and the persons jointly assessed and the maximum amount of the standard housing costs determined for the purpose of the housing allowance (9e), or the amount which the applicant can reasonably demonstrate as the amount of the actual justified costs incurred for his and the persons jointly assessed;"

43. In Article 42e (1), the words "prosecution of the suspect" are replaced by the words "suspected proceedings."

44. in Paragraph 42e (2):

"(2) The alien referred to in paragraph 1 shall be informed without delay, in the language in which he is able to communicate, by the law enforcement authority or by the Ministry of Justice of the right to apply for long-term residence permits for protection in the territory and the conditions of such residence. A foreign person shall be granted a period of 1 month from the date on which he was instructed in accordance with the first sentence to decide whether to cooperate with a criminal authority; the period of validity of that period may be terminated if the alien has ceased to comply with one of the conditions referred to in paragraph 1 if it is necessary to ensure the protection of public policy or the security of the State or if the alien requests the revocation of the period provided. During the period granted, foreigners may not be expelled or otherwise terminate their stay in the territory and may be subject to international protection procedures under special legislation2). The time limit does not affect the procedure for the administrative expulsion of a foreigner or the procedure for its transmission under an international agreement which is part of the legal order of the Czech Republic."

45. in Article 42e (3), the words "accompanied by a certificate of compliance with the conditions laid down in paragraph 1" shall be inserted after the word "territory."

46. at the end of paragraph 3, the sentence "The application for a long-term residence permit for protection in the territory may also be lodged by the applicant for international protection2)."

47. in Article 42e (4), the words "territory, photographs and confirmation of the criminal authority of compliance with the conditions for the application referred to in paragraph 1" shall be replaced by "territory and photographs."

48. in § 42e, paragraphs 5 and 6 are added:

"(5) In addition, a long-term residence permit for protection in the territory may be issued by the Ministry at the request of an alien who:

(a) spouse,

(b) a young or underage child, or

the alien referred to in paragraph 1, if, at the time of the application, the alien was present in the territory and the reason for the stay is the coexistence of the family. The application for a long-term residence permit for protection in the territory shall be accompanied by proof of the facts referred to in (a), (b) or (c), provided that the travel document is the holder of the travel document, even if the period of validity and the photograph have expired.

(6) If an alien who has been granted a period of time pursuant to paragraph 2 to decide whether to cooperate with a criminal authority or an applicant for a long-term residence permit for protection in the territory cannot obtain accommodation, the Ministry or legal person shall provide him with accommodation. The Ministry may, on the basis of a written contract, contribute to the legal person's reimbursement of the costs associated with the accommodation of a stranger. '

49. The following Section 42f is inserted after Section 42e, including the title and footnotes 9j and 9k:

„§ 42f

Long-term residence permit for scientific research

(1) An application for a long-term residence permit for the purpose of scientific research (8a) is entitled to be lodged at the representative office by an alien who has entered into a hosting agreement with the research organisation (9j) and intends to temporarily stay in the territory for more than 3 months (hereinafter referred to as "researcher"). For the purposes of this Act, a research organisation shall mean a public research institution, a high school (9k) or another research organisation included in the list of research organisations approved for the recruitment of researchers from third countries governed by special legislation (9j). Research activities shall also mean the activities of an academic or a visiting professor with a public research institution or other research organisation included in the list of research organisations approved for the recruitment of researchers from third countries under the special legislation (9j).

(2) During the stay on the territory on a visa for a stay of more than 90 days or on a long-stay permit issued for other purposes, the researcher may apply for a long-stay permit for scientific research purposes to the police.

(3) In order to apply for a long-term residence permit for the purpose of scientific research, the researcher is required to submit:

(a) hosting agreement 9j)

(b) the particulars referred to in Article 31 (1) (a), (e) and (f);

(c) a written undertaking by the research organisation to pay any costs associated with the stay of the researcher in the territory after the expiry of the authorisation to reside in the territory, including costs relating to his departure from the territory, if these costs have been incurred within 6 months of the expiry of the hosting agreement (9j) and have been paid from public funds; and

(d) upon request, the particulars referred to in Article 31 (5).

(4) Before issuing a visa for a stay of more than 90 days for the purpose of taking over a long-term residence permit for the purpose of scientific research, the researcher shall submit a proof of travel sickness insurance for the period of stay from the date of entry into the Czech Republic until it is covered by insurance under a special legislation; This does not apply if the cases referred to in Paragraph 180i (2) are concerned.

(5) During the period of validity of a long-term residence permit for the purpose of scientific research, the holder of that permit for the purposes of the payment of the provision of health care shall be deemed to be a foreigner with a permanent residence permit.

9j) Act No. 341 / 2005 Coll., on Public Research Institutions, as amended by Act No. 379 / 2007 Coll.

9k) Act No. 111 / 1998 Coll., on higher education institutions and amending and supplementing other laws (Act on higher education), as amended. '

Footnotes 9j and 9k to date are referred to as footnotes 9l and 9m, including the footnotes.

50. In the first sentence of Paragraph 44 (2), the words "or for the purposes of scientific research in the territory (§ 42f) 'are inserted after the words" (§ 42d)' and in the sentence of the second sentence the words "or for the purposes of study 'are replaced by the words", study or scientific research'.

51. in Article 44 (4), the word 'or' shall be deleted at the end of point (g) and the following point (h) shall be inserted after point (g):

"(h) corresponding, in the case of a family member of a researcher, to the period of validity of a long-term residence permit issued to a researcher, or"

Point (h) shall be renumbered as point (i).

52. in Article 44a (1) (b), the word "h" is replaced by the word "i";

53.In Paragraph 44a (3), "Paragraph 46 (3)" is replaced by "Paragraph 46 (3) and (7)."

54. in Article 44a, the following paragraph 8 is added:

"(8) A researcher shall be required to submit the travel document and particulars referred to in Article 42f (3) (a) and (c) for an extension of the long-term residence permit for the purpose of scientific research and, on request, a medical report that he does not suffer from a serious illness. The validity of a long-term residence permit for the purpose of scientific research cannot be extended if the police find reason to initiate an annulment procedure (§ 46d). A family member of a researcher shall submit the particulars referred to in points (a) and (c) to (f) of Article 31 (1) and demonstrate that he is a family member of the researcher to the application for an extension of the long-term residence permit. ';

55. in Paragraph 45 (2):

"(2) A foreigner authorised to stay for the purpose of family co-habitation shall be entitled to apply for a long-term residence permit for other purposes after 3 years of residence in the territory or after the age of 18. '.

56. In Article 45 (7), the words "after the purpose of the stay or after 1 year of stay in the territory 'shall be inserted after the words" authorised'.

57. In Paragraph 46, the sentence "In addition to the application for a long-term residence permit provided for in Paragraph 42, an alien shall be required to submit proof of travel sickness insurance, if not for the cases referred to in Section 180i (2)."

58. In Article 46 (3), the words "or for the purposes of scientific research 'and the words" (a) to (c), (e), (g), (h)' are replaced by "(a) to (c), (e), (h) and (i) ';

59. In Paragraph 46 (5), the words "(a) to (c), (e), (g), (h)" shall be replaced by "(a) to (c), (e), (h) and (i)."

60.In Paragraph 46a (2) (j):

"(j) finds that a stranger has committed circumvention of this law in order to obtain such authorisation, in particular if he has entered into a marriage or his or her assigned consent for paternity, or"

61. in § 46b (2) (g), including footnote 9n:

"(g) the aggregate monthly income of the holder of the authorisation and of the persons examined together with him (§ 42c (3) (c)) does not exceed the amount of the livelihood of the persons jointly assessed (n); or

9n) § 24 (2) of Act No. 111 / 2006 Coll., on aid in material emergency. '.

62. In Paragraph 46c, paragraphs 5 and 6 are added:

"(5) The validity of a decision to revoke a long-term residence permit for protection in a territory issued by a stranger pursuant to Paragraph 42e (1) shall simultaneously cease to be valid for long-term residence permit for protection in a territory issued by a stranger pursuant to Section 42e (5); the Ministry shall inform the alien accordingly.

(6) In the decision to revoke a long-term residence permit for protection in the territory, the Ministry will set a time limit for leaving the territory and the aliens will issue an exit order; the travel order shall also be issued by the Ministry to a stranger whose long-term residence permit has expired for protection in the territory referred to in paragraph 5. The alien is obliged to leave the territory within the prescribed time limit. '

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Regulation Information

Citation	Act No. 379 / 2007 Coll., amending Act No. 326 / 1999 Coll., on the residence of foreigners in the Czech Republic and amending certain laws, as amended, Act No. 325 / 1999 Coll., on asylum and amending Act No. 283 / 1991 Coll., on the Police of the Czech Republic, as amended, (Act on asylum), as amended, and certain other laws
Regulation Type	Law
Author	-
Collection	Code of Laws

Date of Promulgation	21.12.2007
Effective from	21.12.2007
Effective until	-
Status	Valid

Legal Areas: Security Finance International law International private law International public law State Defence Fees Labour law Social security law Social Services, Social Assistance Administrative offences Administrative law Government Constitutional (state) law Science and research General internal administration Fundamental human rights Minimum of life, Emergency

The regulation text is for informational purposes only.

Act No. 379 / 2007 Coll.

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