What is Act No. 427 / 2010 Coll.?

Act No. 427 / 2010 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 other related laws — Act amending Act No. 326 / 1999 Coll., on the residence of foreigners in the Czech Republic and amending certain laws, as amended, 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 other related laws.

When it became Act No. 427 / 2010 Coll. effectiveness?

Act No. 427 / 2010 Coll. became effective 01.01.2011.

Is Act No. 427 / 2010 Coll. still valid?

Yes, Act No. 427 / 2010 Coll. is still valid and effective.

How many times was it Act No. 427 / 2010 Coll. amended?

Act No. 427 / 2010 Coll. has 7 time versions of the text.

Act No. 427 / 2010 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 other related laws

Valid Law Effective from 01.01.2011

Text versions: 01.01.2014 01.01.2013 01.01.2012 01.05.2011 01.01.2011 All versions (6)

ČÁST PRVNÍ Čl. I „§ 10 „§ 17b „§ 20 „§ 42i § 42j „§ 46f „§ 50a „§ 53 „§ 114 „HLAVA IXa § 117a § 117b § 117c § 117d § 117e § 117f § 117g „§ 123 „§ 123b § 123c „§ 124 „§ 150 „HLAVA XIV § 156 § 157 § 157a „§ 164 § 168 „§ 170a § 170b „§ 174a „§ 175 „§ 176a § 176b „§ 176c „§ 178b § 178c § 178d „§ 180e „§ 180i § 180j „§ 180k Čl. II ČÁST DRUHÁ Čl. III „§ 3c § 3d § 3e § 3f „§ 52 „§ 53a § 53b „§ 59 „§ 59a § 59b § 59c „§ 60 „§ 65 „§ 70 „§ 71 „§ 72 „§ 91 „§ 93 § 93a § 93b Čl. IV ČÁST TŘETÍ Čl. V ČÁST ČTVRTÁ Čl. VI ČÁST PÁTÁ Čl. VII „§ 4a „§ 6a „§ 7a ČÁST ŠESTÁ Čl. VIII „§ 37b „§ 86 ČÁST SEDMÁ Čl. IX ČÁST OSMÁ Čl. X ČÁST DEVÁTÁ Čl. XI ČÁST JEDENÁCTÁ Čl. XIII ČÁST DVANÁCTÁ Čl. XIV ČÁST ČTRNÁCTÁ Čl. XVI ČÁST PATNÁCTÁ Čl. XVII ČÁST ŠESTNÁCTÁ Čl. XVIII ČÁST SEDMNÁCTÁ Čl. XIX ČÁST OSMNÁCTÁ Čl. XX „§ 21a ČÁST DEVATENÁCTÁ Čl. XXI ČÁST DVACATÁ Čl. XXII ČÁST DVACÁTÁ DRUHÁ Čl. XXIV ČÁST DVACÁTÁ TŘETÍ Čl. XXV

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427

THE LAW

of 21 December 2010

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 other related laws

Parliament has decided on this law of the Czech Republic:

ČÁST PRVNÍ

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

Čl. I

Act No. 326 / 1999 Coll., on the residence of foreigners in the territory of the Czech Republic and on the amendment of certain laws, as amended by Act No. 140 / 2001 Coll., Act No. 151 / 2002 Coll., Act No. 217 / 2002 Coll., Act No. 428 / 2003 Coll., Act No. 436 / 2004 Coll., Act No. 501 / 2004 Coll., Act No. 136 / 2006 Coll., Act No. 161 / 2006 Coll., Act No. 165 / 2006 Coll., Act No. 230 / 2006 Coll., Act No. 170 / 2007 Coll.

1. in Articles 9 (1) (i), 9 (3) (a) (5) and 9 (3) (b) (3) and (4), the word "disrupt" shall be replaced by "seriously disrupt."

2. in Article 9 (3) (a) (5) and in Article 9 (3) (b) (4), the word "confirmed" shall be replaced by the words "provide additional information which may be deemed to have been evaluated."

3. In Article 9, at the end of the text of paragraph 5, the words' unless otherwise specified 'shall be added.

„§ 10

(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

(2) Where the state of health of a stranger not subject to travel obligations under paragraph 1 requires urgent transport to a healthcare establishment, the police shall ensure that he is transported to a healthcare establishment within 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. When an alien is admitted to a hospital providing hospital care in accordance with paragraph 1, the police may refrain from guarding the alien during his hospitalisation.

(4) The police will transport foreigners to the border crossing for their travel back abroad as soon as they are able to travel with regard to their health. '

5. Article 12 shall be deleted;

6. Paragraph 13 (2) reads:

"(2) The provision of means of residence within the territory of the amount referred to in paragraph 1 (a), if there is more than 3 months of residence, 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; on 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). ';

7. In Section 15, the following paragraph 1 is added:

"(1) The scope of the information contained in the invitation to stay for a stranger in a territory which does not exceed three months shall be determined by the directly applicable legislation of the European Community27).

(27) Regulation (EC) No 810 / 2009 of the European Parliament and of the Council of 13 July 2009 on the Community code on visas (Visa Code). "

The current text becomes paragraph 2.

8. In Article 15 (2), the words "to stay in the territory of a stranger longer than 3 months' shall be inserted after the word" invitation '.

9. Paragraph 15a (2) is deleted.

Paragraphs 3 to 5 shall be renumbered paragraphs 2 to 4.

10. in Article 15a (2) (a), the word "consistently" shall be replaced by "up to 26 years of age consistently."

11. in Article 17 (b) and (c):

"(b) on the basis of a short-stay visa issued under the directly applicable legislation of the European Community27),

12. Article 17a is deleted.

13.

„§ 17b

Long-stay visa

The long-term visa is a visa to stay over 90 days. '

14. in Paragraph 18 (d), the following point 4 is inserted after point 3, including footnote 28:

'4. as a minor child, on the basis of an interim measure by 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 by the competent authority or a decision of the competent authority for the social protection of children entrusted to the care of a natural person;

28) Article 42 of Act No. 359 / 1999 Coll., on Social Protection of Children, as amended by Act No. 518 / 2002 Coll., Act No. 315 / 2004 Coll., Act No. 134 / 2006 Coll. and Act No. 176 / 2007 Coll. '

Points 4 to 7 shall be renumbered 5 to 8.

15. in Paragraph 18 (d) (7), the words "temporary residence permit or" shall be replaced by the words "residence card of a member of the family of a European Union citizen or a card."

16. in Paragraph 18 (e), the words "visa to stay within 90 days or transit visa" are replaced by "short-stay visa."

17. in Paragraph 19 (1) (a), the word "threatened" shall be replaced by "seriously disturbed."

18. In Article 19 (1), the word "or 'shall be added at the end of point (d) and point (e) shall be deleted.

Point (f) shall be renumbered as point (e).

19. In Paragraph 19 (1) of the final part of the provision, the words "the consequences of this Decision 'are replaced by the words" the consequences' and the words "the effects of this Decision 'are replaced by the words" the effects of termination'.

20.

„§ 20

(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 legislation of the European Community27). 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) The request to extend the stay on the territory to a short-stay visa is submitted by a stranger to the police.

(4) A family member of a citizen of the European Union1b) who himself is not a citizen of the European Union and intends to travel to the territory together with that citizen of the European Union or travel to that citizen already residing in the territory is entitled to apply for a short-stay visa also at the border crossing point.

(a) submit a forged or amended travel document;

(b) there are reasonable grounds for suspecting that they suffer from a serious 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 as posing a reasonable risk that, while staying in the territory of another Contracting State, it may jeopardise his or her safety or seriously undermine public policy; or

(e) has committed circumvention of this law in order to obtain a visa for residence in the territory, in particular if he has entered into a marriage for purpose.

(6) The representative office shall inform, in writing, a member of the family of a European Union citizen who is not a citizen of the European Union himself and intends to travel together with that citizen of the European Union or to travel to that citizen already residing in the territory of the European Union of the grounds for not granting a visa and of his authorisation to request, within 15 days of the date of receipt of the notification of the non-granting of a visa by the Ministry of Foreign Affairs, a new assessment of the grounds for not granting a visa (§ 180e) and the subsequent possibility of examining the grounds for not granting a 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 grounds for not granting the visa by the Ministry (§ 180e) and the subsequent examination of the grounds for not granting the visa by the court shall be communicated by the police. '.

21. Sections 22 to 26 and 27 to 29b are deleted.

(22) footnotes 7d, 8 and 8a are deleted, including the footnotes.

23. In § 30 (1), § 33 (4) and (5), § 35 (1) and (3), § 36 (3), § 37 (2) in the final part of the provision, § 44 (4), § 56 (1) in the introductory part of the provision, § 56 (2) in the introductory and final part of the provision, § 169 (8), § 170 (1), (4) and (6) in the text behind the semicolon, the word "police" shall be replaced by "Ministry."

24. in § 30 (2) and (4), the words "or § 42g or" shall be replaced by "; § 42g or § 42i or."

25. Paragraph 30 (3) reads:

"(3) The visa referred to in paragraphs 1 and 2 shall be granted for a period of six months. ';

26. in Paragraph 30 (4), "3 working 'is replaced by" 60';

27. in § 30 (4), § 33 (2), § 57 (2), first and third sentences, § 60 (1), § 106 (1), (3) and (4), and in § 107 (6) and (7), the word "police" shall be replaced by "Ministry."

28. Paragraph 30 (5) is deleted.

Paragraph 6 shall become paragraph 5.

29. in Article 30 (5) and Article 31 (3), the words "European Union8a)" are replaced by the words "European Union29";

Footnote 29 reads:

"(29) 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."

30. Paragraph 31 (4), including footnote 30, reads as follows:

"(4) An application for a visa to stay for more than 90 days for business purposes shall be accompanied by the particulars referred to in paragraph 1 (a), (c) to (e) and proof of registration in the relevant registration30).

30) For example, Act No. 455 / 1991 Coll., on Business Business (Trade Act), as amended, Act No. 513 / 1991 Coll., Commercial Code, as amended, Act No. 160 / 1992 Coll., on Health Care in Non-State Medical Institutions, as amended, Act No. 20 / 1987 Coll., on State Heritage Care, as amended. '

31. In Article 31, the following paragraphs 6 and 7 are inserted after paragraph 5, including footnote 31:

"(6) For the purposes of the application for a visa for a stay of more than 90 days, the obligation to submit means of residence in the territory referred to in paragraph 1 (b) shall apply. (c) it shall not apply to a spouse of an asylum seeker or a beneficiary of supplementary protection under a special legislature2) whose marriage with an asylum seeker or a beneficiary of supplementary protection has occurred before entry into the territory, to a minor child of an asylum seeker or a beneficiary of supplementary protection or to a minor child of a spouse of an asylum seeker or a person of supplementary protection. Instead of the travel document referred to in paragraph 1 (a), the aliens referred to in the first sentence of the application for a visa for a stay of more than 90 days shall be entitled to submit another document issued by the State of which they are a citizen or resident from which information on their identity and citizenship can be ascertained.

(7) The proof of accommodation referred to in paragraph 1 (d) shall mean proof of ownership of the apartment or house, proof of the authenticity of the use of the apartment or house, or a written confirmation of the person who is the owner or the authorized user of the apartment or house, with his officially certified signature to which the alien is authorised to stay. Accommodation can be provided only in an object which is marked by a descriptive or registered or indicative number under the special legislature31 and is intended for housing, accommodation or recreation under the building law. Where the written confirmation of consent referred to in the first sentence is submitted electronically, it shall be signed by a guaranteed electronic signature based on a qualified certificate issued by an accredited certification service provider (the "recognised electronic signature '); This does not apply if the certificate is delivered via a data box.

31) Decree No. 326 / 2000 Coll., on the method of marking streets and other public spaces names, on how to use and place numbers for the marking of buildings, on the formalities for reporting on the recalculation of buildings and on the procedure and notification of the allocation of numbers and documents necessary for the allocation of numbers, as amended by Decree No. 193 / 2001 Coll. '.

Paragraph 6 shall become paragraph 8.

32. in Article 31 (9), "§ 180j (1)" is replaced by "§ 180j" and "§ 180i (2)" is replaced by "§ 180j (4)."

33. In § 31 (9) second sentence, § 42 (3) fifth sentence, § 42b (4) second sentence, § 42d (3) second sentence, § 42f (4) second sentence, and in § 46 (1) third sentence, the words "on request" shall be inserted after the word "required."

34. in § 33 (1) and (3), § 37 (1) of the introductory part of the provision, § 37 (2) of the introductory part of the provision, § 37 (3), § 38 (2) and § 57 (2) the word "Police" is replaced by "Ministry."

35. in Article 33 (1) (c):

"(c) which, during the period of validity of a residence permit which cannot be extended, has applied to the territory for a permanent residence permit, provided that it is authorised to do so under Paragraph 69 and that this application has not been decided upon during the period of validity of the residence permit of a stranger in the territory, or"

36. in Paragraph 33 (1) (d), the words "police or" shall be deleted;

37. in Article 33 (5), the words "1 year; if the visa referred to in paragraph 1 (c) or (d) or in paragraph 3 is issued, the period of validity shall be" deleted.

38. in Articles 33 (6), 35 (2), 36 (1) and (2) and 56 (1) (a), the word "police" shall be replaced by "ministries."

39. in § 34 (e), the words "§ 180j (1)," shall be replaced by "§ 180j and on request," and the words "at the end of the text shall be added; this shall not apply if the cases referred to in § 180j (4) are concerned."

40. In Paragraph 35 (2), the words "Paragraph 180j (1) 'are replaced by the words" Paragraph 180j'; the words "on request 'shall be inserted after the words" At the same time'; the words "if the alien is insured under special legislation 8b) or if he proves that the cost of health care is otherwise" shall be replaced by the words "if the case referred to in Paragraph 180j (4) '.

(41) In Paragraph 37 (1), the words "for imprisonment exceeding 3 years" shall be added at the end of the text of point (a).

(42) In Sections 37 (2) (a) and 46e (1) (d), the words "or amended documents" shall be replaced by the words "or amended documents or documents in which the information relevant to the examination of the application does not correspond to the facts."

43.In Paragraph 37 (2) (c), the word "police" shall be deleted from point 2.

44. in Paragraph 37 (2) (g):

"(g) a stranger shall not submit a travel health insurance document which complies with the conditions set out in Section 180i or Section 180j, even within a period to be determined by the police; This shall not apply where the cases referred to in Paragraph 180j (4) are concerned, '.

45. in Paragraph 38 (2), the words "when the visa issued pursuant to Paragraph 33 (3) is revoked, the police shall ask the Ministry for a binding opinion 9b) for the termination of the reasons preventing travel," including footnote 9b.

Article 46 (39) shall be deleted;

47. In Paragraph 40 (1) and (2), the words "airport visa, transit visa, visa for stay within 90 days or" shall be deleted.

48. in Paragraph 40 (3):

"(3) An alien shall be required to submit a travel document and photographs for an application for a diplomatic or special visa. Prior to the issuing of the visa, the alien shall, on request, submit a proof of travel sickness insurance during his stay in the territory which complies with the conditions set out in Section 180j; on request, the alien is required to present at the same time proof of payment of the premiums indicated on the travel health insurance document. The second sentence shall not apply where the cases referred to in Paragraph 180j (4) are concerned. ';

49. in Articles 42 (1) and 43 (1), "1 year" is replaced by "6 months."

50. in § 42 (3), § 42b (4) and § 42d (3), "§ 180j (1)" is replaced by "§ 180j (2)" and "§ 180j (4)" is replaced by "§ 180j (4)."

51.Paragraph 42 (6) reads as follows:

"(6) The alien is entitled to reside in the territory for the period indicated on the residence permit, unless otherwise specified. '

2. in Paragraph 42a, the following paragraph 3 is inserted after paragraph 2, including footnote 32:

"(3) The application for a long-term residence permit for the purpose of cohabitation of the family shall also be entitled to be lodged by a stranger who, before entering the territory of another Member State of the European Union, was present as a family member of the holder of a long-term residence permit for the purpose of carrying out a job requiring a high qualification (hereinafter referred to as the Blue Card). The application shall be lodged by the alien within 1 month of the date of entry into the territory.

32) Council Directive 2009 / 50 / EC on the conditions of entry and residence of third-country nationals for the purpose of employment requiring high qualifications. '.

Paragraphs 3 to 7 shall be renumbered paragraphs 4 to 8.

53. In Paragraph 42a, at the end of paragraph 7, the dot is replaced by "or 'and the following point (f) is added:

"(f) The stranger with whom family co-existence is to be allowed shall hold a blue card."

54. In Article 42b (1) at the end of the text of (c) and in Article 70 (2) at the end of (g), the words "or, if the child is already in the territory," shall be added.

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

"(2) The application for a long-term residence permit for the purpose of family co-existence shall also be accompanied by a stranger residing as a family member of the Blue Card holder in another Member State of the European Union32, who shall submit a document of residence permit issued to him as a family member of the Blue Card holder by another Member State of the European Union. '

Paragraphs 2 to 4 shall become paragraphs 3 to 5.

56. in § 42c (3) (b):

"(b) proof of travel sickness insurance during the period of residence in the territory which corresponds to the conditions set out in Paragraph 180j and, on request, proof of payment of the premiums indicated on the travel sickness insurance document; This shall not apply where the cases referred to in Paragraph 180j (4) are concerned, '.

(57) In Article 42c (3) (c), the words "residing in the territory" and the words "(a) to (c)" shall be inserted after the words "the applicant and the persons concerned";

58. in Article 42c (6), the words "if not the cases referred to in Article 180i (2)" shall be replaced by the words "in accordance with paragraph 3 (b)."

(59) In Paragraph 42e, at the end of paragraph 1, the sentence "Permitted long-term residence for protection in the territory of the Ministry shall, upon request, be issued by aliens whose cooperation with law enforcement authorities is important for the prevention, detection, investigation or investigation of a crime or any other criminal offence which is committed by a declared international treaty, provided that they cooperate with law enforcement authorities and do not cooperate with a suspect in the commission of the offence."

60. in the first sentence of Paragraph 42e (6), the words "or the applicant for a long-term residence permit for protection in the territory" shall be replaced by the words "the applicant for a long-term residence permit for protection in the territory or a stranger to whom that permit has been issued."

61. In Paragraph 42e (6), the sentence "The Ministry may provide accommodation for the foreigners referred to in paragraph 5" shall be inserted after the first sentence.

62.In Paragraph 42f (1), the words "scientific research8a) 'are replaced by the words" scientific research29). "

63.In Article 42f (4), "§ 180j (1) 'is replaced by" § 180j', "Regulation 8c) 'is replaced by" Regulation 33)' and "§ 180j (2) 'is replaced by" § 180j (4)';

Footnote 33 reads as follows:

"33) Act No. 48 / 1997 Coll., on Public Health Insurance and amending and supplementing certain related laws, as amended. COUNCIL REGULATION (EEC) No 1408 / 71 of 14 June 1971 on the application of social security schemes to employed persons, to self-employed persons and to members of their families moving within the Community. Regulation (EC) No 883 / 2004 of the European Parliament and of the Council on the coordination of social security systems. ';

64. in Article 42g (4), the word "employer" shall be inserted after the word "representative office,"

65. In Article 42g (6), the words "employer a" shall be inserted after the words "cards."

66. In § 42g, at the end of paragraph 10, the words "or the employer expressed an opposition to the employment of a stranger."

67.Paragraph 42g (12) is deleted.

68. in Article 42h (3), the words "which comply with the conditions set out in Article 180j," shall be inserted after the words "the Regulation," and, on request, the proof of payment of the premiums indicated on the travel sickness insurance document "and the words" Article 180i (2) "shall be replaced by" Article 180j (4). "

69. The following Sections 42i and 42j are inserted after Section 42h, including the headings and footnotes Nos 34 and 35:

„§ 42i

Blue Card

(1) An application for the issue of a blue carty32) is entitled to be made by a stranger if he intends to stay on the territory temporarily for more than 3 months and will be employed in a post requiring a high qualification which under special legislation 8e) may be occupied by a stranger who is not a citizen of the European Union, unless:

(a) applicants for long-term residence permits for the purpose of scientific research;

(b) a family member of a citizen of the European Union, if a citizen of the European Union resides in the territory,

(c) resident of another Member State of the European Union residing in the territory on the basis of a long-term residence permit pursuant to § 42c for the purpose of employment or business;

(d) a stranger residing in the territory in accordance with an international agreement facilitating the entry and temporary residence of certain categories of natural persons in connection with trade and investment which the Czech Republic is bound by;

(e) a stranger residing on the territory under a temporary employment permit; or

(f) a stranger who is an employee of an employer from another Member State of the European Union who is seconded to work in the framework of the transnational provision of services on the territory (34).

(2) A high qualification as referred to in paragraph 1 shall be considered to be a duly completed higher education or higher vocational education if the course lasted at least 3 years.

(3) An application for a blue card is made by a stranger at the representative office. In the territory, a foreign resident residing in the territory may apply for a blue card.

(a) a visa for a stay of more than 90 days or a long-stay permit; or

(b) as holder of a blue card issued by another Member State of the European Union and shall submit the application within 1 month of the date of entry into the territory.

(4) The Blue Card entitles a stranger to stay in the territory and to pursue a job requiring a high qualification for the period specified therein.

(5) In the case of the pursuit of a job requiring a high qualification and a regulated profession, the Ministry shall decide on the issue of a blue card after the competent recognition authority has expressed its views. 35).

(6) The Ministry will reject the blue card application if:

(a) the alien has submitted falsified or modified particulars or in which the information given relevant to the examination of the application does not correspond to the facts; or

(b) the facts referred to in Article 9 (1) (f), (g), (h), (i) or (j) are established;

(c) it is not a job in a position of high qualification, which under special legislation 8e) may be occupied by a stranger who is not a citizen of the European Union.

(7) The Ministry in the Blue Card under the heading type of authorisation shall indicate the entry "MODRÉ CARTA EU."

(8) If the Blue Card holder ends up in employment during the period of validity, he shall notify the Ministry within 3 working days.

(9) The change of employer or the classification of the Blue Card holder shall be subject to prior approval by the Ministry during the first two years of residence. The Ministry shall, at the request of the holder of the Blue Card, consent to such amendments if the holder of the card continues to fulfil the conditions referred to in paragraph 1. After two years of residence on the territory, the Blue Card holder shall notify the Ministry of these changes within 3 working days.

(10) After examining the blue card application, the Ministry shall inform the employer in writing that the alien has fulfilled the conditions for issuing the blue card; in the information, indicate the name or, where applicable, the name, surname and nationality of the alien, the date on which he fulfils the conditions for issuing the Blue Card, the job position for which the Blue Card will be issued, the number of the Blue Card issued by the Alien and the date on which it is taken over.

§ 42j

Forms for the blue card application

(1) The alien is obliged to submit a blue card application

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

(b) a contract of employment for the pursuit of a job requiring a high qualification, negotiated for a period of at least one year for a statutory weekly working period, which shall also include the amount of the gross monthly or annual salary agreed at least 1,5 times the average gross annual wage declared by the Ministry of Labour and Social Affairs,

(d) if the pursuit of a regulated profession is concerned, proof that the conditions for the pursuit of that profession have been fulfilled;

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

(2) A stranger who, before applying for the issue of a blue card in the territory of another Member State of the European Union, has been resident as a holder of a blue card in another Member State of the European Union, is also required to provide proof of the aggregate monthly income of the family pursuant to Paragraph 42b (1) (d).

(3) Before issuing a visa to stay more than 90 days for the purpose of taking over a blue card, the alien is required to submit a travel sickness insurance document which complies with the conditions set out in Paragraph 180j for the period of stay from the date of entry into the territory until it is covered by insurance under the special legislature32) and, upon request, proof of payment of the insurance premiums provided for in the travel sickness insurance document; This does not apply if the cases referred to in Paragraph 180j (4) are concerned.

34) Article 319 (1) of Act No. 262 / 2006 Coll., Labour Code, as amended by Act No. 362 / 2007 Coll.

35) For example, Act No. 18 / 2004 Coll., on the recognition of professional qualifications and other competences of nationals of Member States of the European Union and of certain nationals of other States and on the amendment of certain laws (Act on the Recognition of Professional Qualifications), as amended, Act No. 95 / 2004 Coll., on the conditions for obtaining and recognising professional competence and specialised competence for the exercise of the medical profession of a doctor, dental practitioner and pharmacist, as amended, and Act No. 96 / 2004 Coll., on the conditions for obtaining and recognition of competence for the pursuit of non-medical medical medical professions and for the exercise of health care activities and on the amendment of certain related laws (Law on non-medical medical medical professions), as amended. '

70. In Paragraph 43, the current text becomes paragraph 1 and the following paragraph 2 is added:

"(2) In addition, a long-term residence permit for the purpose of maintaining residence in the territory shall be granted at the request of a stranger who has ceased to have a long-term residence permit for protection in the territory or has been revoked on the grounds of termination of criminal proceedings and is in the process of proceedings against the employer for the payment of the wages due and the wages have not been paid to the stranger. ';

Zobrazit všechna ustanovení (1930)

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Regulation Information

Citation	Act No. 427 / 2010 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 other related laws
Regulation Type	Law
Author	-
Collection	Code of Laws

Date of Promulgation	30.12.2010
Effective from	01.01.2011
Effective until	-
Status	Valid

Legal Areas: Security Finance International law International private law International public law Civil law Civil law of procedure Commercial law Fees Labour relations Labour law Social security law Budget Education, Education, Education Social Services, Social Assistance Administrative offences Administrative authorities Administrative law Administrative procedure Government Constitutional (state) law Science and research General internal administration Fundamental human rights Business Minimum of life, Emergency

The regulation text is for informational purposes only.