Act No. 326/1999 Coll., On the residence of foreigners in the Czech Republic and amending certain Acts

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(Valid from June 24, 2014)

326/1999 Coll.

ACT

of 30 November 1999

Residence of Aliens in the Czech Republic and amending certain Acts

as amended by Act No. 140/2001 Coll. and 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. 161/2006 Coll., Act No. 165/2006 Coll.

Act No. 230/2006 Coll., Act No. 170/2007 Coll., Act No. 379/2007 Coll., Act No. 124/2008 Coll., Act No. 129/2008 Coll., Act No. 140 / 2008 Coll.

Act No. 274/2008 Coll., Act No. 306/2008 Coll., Act No. 382/2008 Coll., Act No. 41/2009 Coll., the Constitutional Court No. 47/2009 Coll., Act No. 197/2009 Coll.

Act No. 227/2009 Coll., Act No. 278/2009 Coll., Act No. 281/2009 Coll., Act No. 424/2010 Coll., Act No. 427/2010 Coll., Act No. 73 / 2011 Coll., Act No. 303/2011 Coll.

Act No. 329/2011 Coll., Act No. 341/2011 Coll., Act No. 375/2011 Coll., Act No. 222/2012 Coll., Act No. 494/2012 Coll., Act No. 103 / 2013 Coll., Act No. 312/2013 Coll.

Act no. 303/2013 Coll., legal action no. 344/2013 Coll. and Act no. 101/2014 Coll.

 

Parliament passed the Act of the Czech Republic:

 

PART ONE

STAY OF FOREIGNERS

IN THE CZECH REPUBLIC

TITLE I

INTRODUCTORY PROVISIONS

§ 1

Subject Matter

 

(1) This Act, in relation to the directly applicable regulation of the European Communities 1) the conditions of entry of the alien in the Czech Republic (hereinafter the “Territory”) and departure of foreigners from the territory, the terms of residence in the territories and defines the scope of the Police of the Czech Republic ( hereinafter referred to as “police”), the Ministry of the Interior (hereinafter referred to as the “Ministry”) and the Ministry of Foreign Affairs in the field of public administration.

(2) The foreigner shall mean the natural person who is not a citizen of the Czech Republic, 1a), including a European Union citizen 1b).

(3) Adjustment of entry, stay and departure of a European Union citizen 1b) also applies to the citizen of a country which is bound by an international agreement with the European Community 1c) and a citizen of a State bound by the Treaty on the European Economic Area, 1d) where contract stipulates otherwise.

 

§ 2

Scope of the Act

 

This Act shall not apply to an alien who

  1. a) is an applicant for international protection, asylum seekers or persons enjoying subsidiary protection 2) or appealed against the court’s decision on the appeal decisions on international protection cassation complaint, unless this Act or another law differently,
  2. b) resides in the territory under a special legal regulation governing the temporary stay of foreign armed forces on the territory, 3)
  3. c) asked the Czech Republic to grant a residence permit for the purpose of temporary protection in the territory, and the alien who resides in the territory on the basis of a residence permit for the purpose of temporary protection, unless this Act or another law 3a) otherwise.

 

TITLE II

ENTRY IN

§ 3

 

(1) An alien is entitled to enter the territory through the border crossing at the place and time designated for border control.

(2) A border crossing means

  1. a) a place defined by an international treaty, to which the Czech Republic is bound, (hereinafter referred to as “international agreement”) for crossing the state border of the Czech Republic under the conditions laid down by international agreement or by law,
  2. b) international airport, which is the outer boundary under a special law, 3b) if it satisfies the following conditions:

1) was designed as an international airport by a special legal regulation 4) and

2) The airport operator meet safety conditions specified in special legislation, 3b)

  1. c) internal boundaries 3b) or
  2. d) space interstate train and deck boats interstate passenger or freight shipping when it is performed in this space entry.

 

§ 4

 

(1) An alien shall be obliged to undergo border control immediately after crossing the state border, where border control is performed in the territory, or to cross the border without delay after the end of border controls when this takes place outside the territory. On the inner boundary, border checks are carried out when the decision of the Government to ensure the protection of internal borders under a special legal regulation. 3b)

(2) The Police shall certify, in accordance with a directly applicable regulation of the European Communities 1) aliens to enter the territory showing the entry stamp in his passport ..

(3) If the police border control on the basis of international agreements outside the territory, and this control on the basis of the acts of the same legal effect as a border inspection carried out on the territory.

 

§ 5

 

(1) Conditions of entry and border control provides a directly applicable regulation of the European Communities 1).

(2) When entering the territory of the alien at the border control shall demonstrate compliance with the conditions laid down directly applicable European Communities 1), and upon request, shall

  1. a) complete and sign a border crossing,
  2. b) allow the verification of the authenticity of travel documents and verify your identity using the personal data entered in the travel document, or compare biometric data processed in the data carrier through a technical device enabling comparison of biometric data currently displayed foreigners with biometric data processed in the data carrier travel document, if a travel document that contains a data carrier with biometric data.

(3) The obligation to submit a travel document does not apply to an alien who is under 15 years old and is registered in the passport of another stranger.

(4) Compliance with the conditions referred to in paragraph 1 and paragraph 2 letter. a) shall not apply to an alien who is

  1. a) is received from the authority of a foreign country under a special Act 5)
  2. b) through the guided (§ 152), or
  3. c) the territory passed under an international treaty or a directly applicable regulation of the European Communities.

(5) A citizen of the European Union and the family member of an EU citizen is obliged to present at the border control police passport. The absence of an EU citizen passport or can not obtain it, the police will at the border control will allow his identity and the fact that a citizen of a Member State of the European Union, established by other evidence. Unless a family member of an EU citizen passport or can not obtain it, the police at the border he will make his identity and the fact that she is a family member of a citizen of the European Union, established by other evidence.

(6) A family member of an EU citizen who is not a citizen of the European Union, is obliged at the border control police to submit a visa entitling to stay in the territory, was related to him a visa.

 

§ 6

repealed by Law No. 379/2007 Coll.

 

§ 7

repealed by Law No. 165/2006 Coll.

 

§ 8

repealed by Law No. 165/2006 Coll.

 

§ 9

Denial of entry into the

 

(1) Police refuse foreigners entry, if

  1. a) does not have a valid travel document,
  2. b) submit false or forged travel document, visa or residence permit,
  3. c) fails to submit a visa if the alien is subject to visa or residence permit,
  4. d) fails to submit documents justifying the purpose and conditions of stay in the security area,
  5. e) does not have sufficient funds to stay in the territory and expelled from the country,
  6. f) is an undesirable person (§ 154),
  7. g) is included in the information system States which are bound by international agreements on abolition of checks at their common borders 5a) (hereinafter referred to as the “Contracting State”), in order to obtain an overview of foreigners, which is not allowed to enter the territories of the States Parties (hereinafter “information system of the Contracting States”), this does not apply to foreigners granted a visa entitling only to stay in the country
  8. h) is a reasonable risk that the alien could during their stay in the territory threaten national security, seriously disturb public order or endanger the international relations of the Czech Republic,
  9. i) is a reasonable risk that the alien could during their stay in the territory of another Contracting State to endanger his safety or has seriously disrupt public order or endanger the international relations of the Contracting States, or
  10. j) is a reasonable suspicion that the alien suffers from an illness that is listed in the list established by the Decree of the Ministry of Health (§ 182a paragraph 1) (hereinafter referred to as “serious illness”).

(2) An alien who has been granted a visa for over 90 days for the purpose of obtaining a long-term residence permit or a permanent residence, the police refused to enter the territory of the reasons mentioned in paragraph 1, point. a), b), f) to j).

(3) The police refused to enter the territory

  1. a) a citizen of the European Union,

1) the absence of a valid travel document and does not satisfy the conditions of § 5, paragraph 5,

2) submits a false or forged travel document or residence permit,

3) there is a reasonable suspicion that suffers from a serious illness,

4) there is a reasonable risk that during their stay in the territory could endanger state security or seriously disrupt public order, or

5) if it is included in the register of undesirable persons and the competent authority, which filed a complaint to the inclusion of a European Union citizen to those records, § 154 (2), provides additional information for the evaluation can be assumed that it takes reasonable danger he could during his stay in the safety of the state or seriously disrupt public order,

  1. b) a family member of an EU citizen who is not a citizen of the European Union,

1) for the reasons referred to in subparagraph a),

2) unless the visa, subject to visa or residence permit,

3) there is a reasonable risk that could threaten the security of another Contracting State or has seriously disrupt public order,

4) if it is included in the information system of the Contracting States and the competent authority that a family member included in this system, provides additional information for the evaluation can be assumed that it takes reasonable danger that he might need during your stay in the territory of another Contracting State endanger his safety or seriously disrupt public order.

(4) The Police shall issue a decision to refuse entry if deny access to the territory of the European Union citizen 1b) for the reasons set out in Paragraph 3. a). Similarly, the police proceed even if a family member of an EU citizen 1b), if a family member of an EU citizen accompanies or if a family member proves that the EU citizen resident in the territory. The decision on refusal of entry shall not be granted if the reason for refusing entry to a final court decision on punishment or expulsion from the final decision on administrative expulsion.

(5) An alien who has been refused entry, be obliged, without undue delay, to go back abroad, unless stated otherwise.

 

§ 10

 

(1) The obligation of an alien who has been refused entry, to go back abroad, does not apply to an alien if

  1. a) is directly threatened his life because of an accident or sudden illness,
  2. b) would not providing emergency medical care caused permanent pathological changes or
  3. c) it is necessary to provide in the context of emergency health care delivery.

(2) If the health status of an alien who is under paragraph 1 shall not be required to leave, immediate transportation to medical service providers, the police service to the providers of medical services in the territory.

(3) An alien who is under paragraph 1 shall not be required to leave, is entitled to remain in the territory only as long as necessary, to remain in the territory is not considered a residence under this Act. For the purpose of providing health care and the extent of powers of the police to such an alien seen as an alien detained under Title XI. If the alien is admitted to the provision of health care under paragraph 1 to the providers of medical services providing residential care, the police refrain from guarding the alien throughout his hospitalization.

(4) The Police foreigner transported to the border crossing in order to travel back abroad as soon as the light of his medical condition to travel.

 

§ 11

repealed by Law No. 379/2007 Coll.

 

§ 11a

repealed by Law No. 379/2007 Coll.

 

§ 12

repealed by Law No. 427/2010 Coll.

 

§ 13

Means to stay in the

 

(1) Provision of funds for the stay in the territory of the shows, unless specified otherwise, by submitting

  1. a) funds amounting at least to

1) 0.5 times the subsistence minimum set out in a special legal regulation 6) (hereinafter referred to as “the amount of subsistence”) on one day of stay if the stay is not generally exceed 30 days,

2) 15 times the subsistence level, if the stay is to exceed 30 days, with the fact that this amount for each whole month of expected stay in the Territory increased by 2 times the subsistence minimum,

3) 50 times the subsistence where they are staying for business purposes, which is generally more than 90 days, or

  1. b) a document confirming the payment of services connected with the stay of the alien in the Territory or a document confirming that services will be provided free of charge.

(2) Providing funds for the stay in the territory of the amount specified in paragraph 1, point. a) in the case of residence in the territory of more than three months shall be furnished

  1. a) an extract from an account in a bank or other financial institution to sounding name of the alien confirming that the alien may stay in the territory have funds in the amount referred to in paragraph 1, point. a)
  2. b) another document on financial collateral, which shows that the alien may have funds in the amount referred to in paragraph 1, point. a) the provider or the costs associated with his stay in the territory or
  3. c) a valid internationally recognized credit card, on request, the alien shall also submit a statement of account held at a bank or other financial institution, which shows that it can dispose of funds in the amount referred to in paragraph 1, point. a).

(3) An alien who will study in the Territory may submit as proof of sufficient funds to stay commitment issued by a state authority or body to ensure an alien’s stay in the provision of funds in the amount of the subsistence minimum for one month of expected stay, or a document that all costs related to his studies and stay shall be covered by the receiving organization (school). If the amount is less than the amount of this obligation, the foreign national must submit proof of ownership of funds equivalent to the difference between the amount of subsistence and commitment for the period of the intended stay, but no more than 6 times the Subsistence Minimum for Personal Needs. Proof of sufficient funds to stay can be replaced by a decision or an agreement on the allocation of a grant acquired pursuant to an international treaty by which the Czech Republic.

(4) An alien who has not attained the age of 18 is required to prove the availability of funds for his stay pursuant to paragraph one half of this.

 

§ 14

Border dispatch

 

Border crossing is the registration document containing details of the name and surname, day, month and year of birth foreigners and foreign passengers younger than 15 years, the series and number of the travel document of an alien’s nationality and gender. Border dispatch also includes visa number, the make vehicle with which it enters the territory, international license number and the license number of the vehicle and its color, date and place of entry and exit date from the territory, the purpose and place of residence.

‘s Amendment under Act No. 428/2005 Coll. with effect as mentioned in Part IV of the Act.

 

§ 15

Invitation

 

(1) Scope of data specified in the invitation to the residence in the territory, which shall not exceed three months, the directly applicable European Communities regulation 27).

(2) The invitation to the alien’s stay in the area longer than three months the inviting person is obliged to cover the costs

  1. a) related to maintenance of the alien throughout his stay in the Territory until he leaves the Territory,
  2. b) related to the accommodation of the alien throughout his stay in the Territory until he leaves the Territory,
  3. c) related to the provision of health services during the stay in the Territory until he leaves the Territory, and the transfer of the remains of the deceased or ill,
  4. d) relating to the residence of detained foreigners in the territory and its departure from the country.

 

§ 15a

 

(1) A family member of an EU citizen 1b) for the purposes of this Act, means the

  1. a) the spouse,
  2. b) a parent, as a citizen of the European Union 1b) under 21 years of age that nourishes and with whom he lives in the same household,
  3. c) a child under 21 or a child of a spouse of a citizen of the European Union and
  4. d) the dependent direct relative in the ascending or descending line, or such relative of a spouse of a citizen of the European Union.

(2) For a dependent person pursuant to paragraph 1. d) shall be deemed a citizen of the European Union or her dependent husband foreigner

  1. a) no later than 26 years systematically preparing for a future career,
  2. b) can not systematically prepare for future employment or engage in any gainful activity due to illness or injury, or
  3. c) due to long-term adverse health condition is unable to perform gainful occupation.

(3) The provisions of this Act relating to the family of a citizen of the European Union shall apply mutatis mutandis to an alien who demonstrates a plausible manner that

  1. a) is a relative of a European Union citizen not mentioned in paragraph 1, if

1) in the State of which he is a citizen, or in the state in which he was granted permanent or long stay, he lived with a citizen of the European Union in the household,

2) is a citizen of the European Union, dependent, or

3) of each other because of long-term adverse health alone can not take care of personal care without a European Union citizen, or

  1. b) is a citizen of the European Union’s ongoing relationship similar to the relationship and lives with his family in his household.

(4) The provisions of this Act relating to the family of a citizen of the European Union shall apply to an alien who is a family member of a citizen of the Czech Republic 1a).

 

TITLE III

Temporary residence

Part 1

Temporary residence in the territory

§ 16

 

(1) A foreign national resident in the territory temporarily

  1. a) after crossing the state border of the Czech Republic and after border control, if it is not him in the border control police refused entry,
  2. b) after crossing the state border, if the border is not inspected or
  3. c) the date of birth in the territory under the conditions laid down by law (§ 88).

(2) Temporary residence pursuant to paragraph 1. a) commences on the date and time of crossing the state border of the Czech Republic, if the border control is performed outside, or on the date and time of completion of border controls, if implemented at the national border of the Czech Republic or to cross those boundaries.

 

§ 17

An alien may reside in temporarily

 

  1. a) without a visa,
  2. b) based on short-term visas issued under the directly applicable European Communities regulation 27),
  3. c) long-term visas, residence permit or temporary residence permit, or
  4. d) based on the mission statement.

 

§ 17a

repealed by Law No. 427/2010 Coll.

 

§ 17b

Long-term visa

 

The long-term visa is a visa for over 90 days.

 

Part 2

Temporary residence in the territory without a visa

§ 18

 

An alien may reside in temporarily without a visa,

  1. a) when provided directly applicable regulation of the European Communities 6a) and unless in compliance with this law an international treaty or government regulation [§ 181a. a)] otherwise,
  2. b) if so provided in accordance with a directly applicable regulation of the European Communities 6) international agreement or by Government Regulation [§ 181a. b)],
  3. c) is a citizen of the European Union, 1b)
  4. d) where

1) in security detention, custody or imprisonment, the alien may simultaneously for this power reside in the territory without a passport,

2) placed in a police cell 7) or in the detention facility (the “facility”) (§ 130), the alien may simultaneously for this location to reside in the territory without a passport,

3) under 15 years old during hospitalization, if stay with another foreigner, whose travel document is registered, this stranger has entered the territory of a foreigner under 14 years old during hospitalization may stay in the territory without a passport,

4) as a minor on a precautionary basis by the competent authority placed in a facility for children requiring immediate assistance 28) or in an institution for the care of children or on a precautionary basis by the competent authority or the relevant authority for social and legal protection of children entrusted to the care of individuals

5) The holder of a residence permit on the territory of another Contracting State a period of residence shall not exceed three months,

6) The student, who is not a national of a Member State of the European Union, but who is resident in another Member State of the European Union and travels on a school trip within the European Union as a member of the group of pupils accompanied by a teacher, and is on the list issued by school pupils in the single Form 7b), which indicate the identity of the pupils, and the purpose of the stay or transit,

7) a family member of an EU citizen who is not a citizen of the European Union, holds a residence card to family members of EU nationals or certificate of permanent residence in the territory of another Member State of the European Union and the length of stay in the territory does not exceed three months, or

  1. e) if the family member of a citizen of the European Union, whose short-stay visa has expired, if residing with the citizen of the European Union and the length of stay in the territory does not exceed three months.

 

§ 19

Termination of temporary residence in the territory for which the visa is not required

and termination of the stay

 

(1) The stay of an alien in the territory to which the visa is not required, the police stops when a stranger

  1. a) intentionally seriously disturbed public order,
  2. b) violates the obligation established by this Act,
  3. c) on the territory without a valid passport, except as authorized under this Act or a residence check police the fact pursuant to § 9. 1 point. b), f), g), h), i) or j),
  4. d) at the request of the police proves sufficient funds to stay in the country (§ 13) or fails to submit a certified invitation (§ 15 and 180), or
  5. e) is residing in a travel document that has authority of the State that issued it, declared invalid or stolen, provided that the consequences are reasonable grounds for termination of residence. In assessing the adequacy of police considers in particular the impact of their stay in the private and family life of a foreigner.

(2) The stay of an alien in the territory to which the visa does not expire if the alien is residing in breach of an international treaty or government regulation issued under § 181st

(3) The Police stay terminates under paragraph 1 by according to the mission statement. Exit order grants police in the event of termination of residence under paragraph 2 A foreigner is obliged to leave the territory at the time specified exit command, unless proceedings for expulsion from the territory under this Act (hereinafter referred to as “administrative deportation”).

 

Part 3

Temporary residence in the territory for a short stay

§ 20

 

(1) Conditions for issuing short-term visas, the reasons for his refusal, terms of extension of stay for short-term visa and the reasons for his cancellation of the directly applicable European Communities regulation 27). The reasons for denial of short stay or cancellation of validity of the foreigner is informed of the standard form 27).

(2) Short-term visa at the border crossing and awards in the travel document marked police.

(3) An application for extension of stay in the country on a short-term visa gives foreign police.

(4) A family member of an EU citizen 1b), who is not a citizen of the European Union and on the plans to travel together with the citizen of the European Union or to travel for this citizen who has resided in the territory, is entitled to file an application for a short-term visa also border crossing.

(5) a family member of an EU citizen 1b), which itself is not a citizen of the European Union and on the travel plans together with the EU citizen or travel for this citizen who has resided in the territory, the short-term visa is granted if

  1. a) submit false or forged travel document;
  2. b) it is reasonably suspected of suffering from a serious illness
  3. c) is a reasonable danger that if you stay in the territory could endanger state security or seriously disrupt public order,
  4. d) is included in the information system of the Contracting States and the competent authority that a family member included in this system, provides additional information for the evaluation can be assumed that it takes reasonable danger that he could stay in the territory of another Contracting State to compromise his safety or seriously disrupt public order, or
  5. e) they are guilty of evading this law in order to get a visa to stay in the area, especially if purposefully entered into marriage.

(6) Representative Office in writing, inform a family member of an EU citizen who is not a citizen of the European Union and on the travel plans together with the EU citizen or travel for this citizen who has resided in the territory, the grounds for refusal of a visa and his entitlement to apply within 15 days of receipt of notice of denial of a visa Ministry of Foreign Affairs of the reconsideration denial of a visa reasons (§ 180e) and the subsequent possibility to review the denial of a visa reasons the court. In case of refusal of a visa at the border crossing information on the authorization request reconsideration of visa refusal reasons ministry (§ 180e) and the subsequent possibility to review the denial of a visa reasons, court tells police.

 

§ 21

repealed by Law No. 222/2003 Coll.

 

§ 22

repealed by Law No. 427/2010 Coll.

 

§ 23

repealed by Law No. 427/2010 Coll.

 

§ 24

repealed by Law No. 427/2010 Coll.

 

§ 25

repealed by Law No. 427/2010 Coll.

 

§ 26

repealed by Law No. 427/2010 Coll.

 

§ 27

repealed by Law No. 427/2010 Coll.

 

§ 28

repealed by Law No. 427/2010 Coll.

 

§ 29

repealed by Law No. 427/2010 Coll.

 

§ 29a

repealed by Law No. 427/2010 Coll.

 

§ 29b

repealed by Law No. 427/2010 Coll.

 

Part 4

Temporary residence in the long-term visa or

on long-term residence

Section 1

Visa for over 90 days

§ 30

 

(1) A visa for a stay over 90 days granted by the Ministry at the request of a foreigner who intends to stay in the country for the purpose of requiring a stay in the territory of more than 3 months. Visa for over 90 days can not be granted for the purpose of employment.

(2) A visa for a stay over 90 days, further grants for foreigners to take up permanent residence permit, residence permit for the purpose of family reunification, study or scientific research, long term residence permit issued in accordance with § 42 paragraph 3 of § 42 g or § 42i or for the purpose of filing an application for a residence permit issued by the Ministry of Foreign Affairs (§ 49).

(3) A visa referred to in paragraphs 1 and 2 shall be granted with a validity period of six months.

(4) A visa for over 90 days for the purpose of obtaining a residence permit for the purpose of family reunification, study or scientific research, long term residence permit issued in accordance with § 42 paragraph 3, § § 42i or 42 grams or permanent residence permit entitles foreigners to reside in for 60 days. Visa for over 90 days for the purpose of filing an application for a residence permit issued by the Ministry of Foreign Affairs authorizes to stay for a period of 30 working days. In case of obtaining the first sentence or the application under the second sentence prevents reasons independent of the will of foreigners, it is length of stay after entry of the alien in the territory for extended until such time as these reasons no longer exist. An alien is required after the demise of reasons pursuant to the third sentence of the following grounds immediately notify the Ministry, in the case of a visa issued for the purpose of obtaining a residence permit for the purpose of family reunification, study or scientific research, long term residence permit issued pursuant to § 42 paragraph 3 , § § 42i or 42 grams or permanent residence permit, or the Ministry of Foreign Affairs, in the case of a visa granted to an application for a residence permit issued by the Ministry.

(5) An application for a visa for a stay over 90 days for the purpose of research is in the territory may be filed by an alien who is the holder of a residence permit for the purpose of scientific research in the territory of another Member State of the European Union 29) in fulfillment of the purpose of the stay requires a stay foreigners on the territory of more than three months.

 

  • 31

Particulars of a visa for a stay over 90 days

 

(1) An application for a visa for a stay over 90 days, the foreigner must submit

  1. a) travel document,
  2. b) a document confirming the purpose of stay in the country
  3. c) means to reside in the (§ 13);
  4. d) proof of accommodation during their stay in the territory
  5. e) picture, this does not apply if the sourced video recording foreigners.

(2) The application for a visa for over 90 days for the purpose of research is an alien who holds a residence permit for the purpose of scientific research in the territory of another Member State of the European Union 29), must submit

  1. a) signed a hosting agreement with a research organization, which is based in the territory of that Member State,
  2. b) the requirements pursuant to paragraph 1. a) and e),
  3. c) a written statement of the research organization (§ 42f, paragraph 1) the purpose of his stay in the Territory and
  4. d) Upon request, the documents referred to in paragraph 4.

(3) The application for a visa for over 90 days for business purposes is a foreigner must submit documents pursuant to paragraph 1. a), c) to e), and proof of registration in the relevant register, list or register of 30).

(4) The application for a visa for over 90 days, the foreigner is obliged to submit a request

  1. a) document similar to an extract from the Criminal Register as a basis for evaluating criminal record (§ 174) issued by the state, which the alien is a citizen, as well as the states in which the alien resided in the last 3 years continuously for more than six months, or honorary statements in the event that the State does not issue such a document, the document can not be required from a foreigner under 15 years,
  2. b) medical report that does not suffer from a serious illness, to submit a medical report can be requested only in case of reasonable suspicion that a serious illness suffer.

(5) The obligation to submit an application for a visa for over 90 days means to reside under paragraph 1. c) does not apply to the spouse of refugee or a person enjoying subsidiary protection under special legislation 2), whose marriage with refugee or a person enjoying subsidiary protection arose before entering the territory, to a minor child refugee or a person enjoying subsidiary protection or minor child of a spouse or asylum seeker persons enjoying subsidiary protection. Instead of a travel document pursuant to paragraph 1. a) foreigners are putting in the first sentence to the application for a visa for over 90 days are entitled to submit another document issued by the state whose citizens they are or where they reside, from which we can determine their identity and citizenship.

(6) proof of accommodation under paragraph 1. d) means proof of ownership of an apartment or a house, proof of eligibility to use a flat or a house or a written confirmation of the person who is the owner or authorized user of an apartment or house with her notarized signature, which is alien consent with accommodation. Accommodation can be provided only in the house which is under a special legal regulation 31) identified a number of descriptive or registration, or orientation number and is under the Building Act intended for housing, accommodation or recreation. If a written confirmation of consent in the first sentence filed electronically must be signed by a recognized electronic signature; this does not apply where the certificate is delivered through a data box.

(7) Before the visa for over 90 days, the foreigner must submit proof of travel medical insurance during their stay in the territory, which corresponds to the conditions specified in § 180j. At the same time it is obliged to request proof of payment of premiums, said the document on travel health insurance. It does not apply in the cases referred to in § 180j paragraph. 4th

 

§ 32

repealed by Law No. 428/2005 Coll.

 

§ 33

Visa for over 90 days for tolerated stay

 

(1) The Ministry shall grant a visa for over 90 days for leave to remain in the territory of foreigners

  1. a) in which the departure from the obstacle preventing independent of his will or if the conditions of § 179, paragraph 5,
  2. b) who witnesses or victims in criminal proceedings, and his participation in management is necessary
  3. c) that the period of validity of a residence permit, the validity of which can not be extended to the territory asked for a permit for permanent residence, if it is, according to § 69 and authorized this application had not been decided at the time of validity of the residence in the territory or
  4. d) has filed suit against the Ministry’s decision annulling the visa for a stay exceeding 90 days or a residence permit or rejecting the application for renewal of a residence permit or an application for a permanent residence permit, provided that at the same time filed a petition the suspensive effect of this action.

(2) An application for a visa for a stay over 90 days for leave to remain in the territory referred to in paragraph 1 shall be submitted to the Ministry.

(3) The Ministry shall grant the visa for over 90 days for leave to remain in the territory of an alien whose departure from the territory is not possible (§ 120a).

(4) A visa for a stay over 90 days for tolerated stay affixed to the travel document by the Ministry.

(5) The period of validity of a visa for a stay over 90 days for leave to remain in the ministry provides a time as possible, but no longer than six months.

(6) An alien who has been granted a visa for over 90 days for leave to remain in the territory due pursuant to paragraph 1. a), shall, on demand of the Ministry to prove that the obstacle from leaving the country ceased; prevented if that proof barrier on the foreigner independent practice may be substituted by an affidavit.

 

§ 34

Particulars of a visa for a stay over 90 days

for tolerated stay

 

The application for a visa for a stay over 90 days for leave to remain in the territory of an alien is obliged to submit

  1. a) travel document, if the holder has not expired and if the period of validity of the travel document,
  2. b) a certified copy of a document confirming the existence of a reason according to § 33 paragraph 1 point. a) is unable to provide such evidence for reasons independent of their will, this document can replace affidavit
  3. c) photographs,
  4. d) a document confirming the existence of reason according to § 33 paragraph 1 point. b)
  5. e) proof of travel health insurance that meets the conditions of § 180j and upon request proof of payment of the premium shown on the proof of travel medical insurance in case of an alien pursuant to § 33 paragraph 1 point. c) it shall not apply in the cases referred to in § 180j, paragraph 4,
  6. f) proof of the claim and a request for a suspensive effect of this action, in the case of an alien pursuant to § 33 paragraph 1 point. d).

 

§ 35

Extension of stay

in the territory of a visa for a stay over 90 days

 

(1) The period of stay, which is shorter than the period of validity of a visa for a stay over 90 days, at the request of the Ministry foreigners repeatedly extended, provided that it takes the same purpose for which the visa was granted, but no longer than until the expiry of the visa.

(2) The application for extension of stay in the country on a visa for over 90 days, the foreigner must submit documents pursuant to § 31 para. 1 point. a) to d) and, on request, documents pursuant to § 31 para. 4 point. b). Furthermore, the foreigner must submit proof of travel medical insurance during their stay in the territory, which corresponds to the conditions specified in § 180j. At the same time, on request, must submit proof of payment of premiums, said the document on travel health insurance. The obligation to submit proof of travel medical insurance during their stay in the territory shall not apply in the cases referred to in § 180j paragraph. 4. A foreigner is also obliged to submit the request of the Ministry in case of change of form and photographs.

(3) The period of stay on the visa for over 90 days can not be extended unless the Ministry finds the reason for the launch of the cancellation of the visa (§ 37).

 

§ 36

Extension of visas and residence time in the

a visa for a stay over 90 days for tolerated stay

 

(1) The application for an extension of visa and the residence visa for a stay over 90 days for leave to remain in the territory of an alien is obliged to submit the requirements under § 34 point. a), b), d) and e) in the case of change of form at the request of the Ministry and photos.

(2) An alien who has been granted a visa in accordance with § 33, paragraph 3, is required to request an extension of the visa and the residence visa for a stay over 90 days for leave to remain in the territory of present requirement under § 34 point. a) communicate or prove facts showing whether the reasons that prevent departure and if appearance has changed at the request of the Ministry to submit a photo.

(3) The period of validity of a visa and stay in the country on a visa for over 90 days for leave to remain in the territory can not be extended unless the Ministry finds the reason for the launch of the cancellation of the visa (§ 38).

 

§ 37

Revocation of a visa for a stay over 90 days

 

(1) The Ministry shall cancel the visa for a stay exceeding 90 days if the alien

  1. a) has been convicted for committing an intentional crime,
  2. b) does not fulfill the purpose for which the visa was granted, or
  3. c) the cancellation of the visa requests.

(2) The Ministry shall cancel the visa for over 90 days, if

  1. a) the alien visa application stated false information or applications submitted falsified or forged documents or documents in which the information is essential for the assessment of the application do not match reality,
  2. b) the alien no longer meets one of the conditions for visa
  3. c) the police in residential inspection [§ 167 point. d)] finds the fact under § 9 paragraph 1 letter. a) or b), and

1) the alien within the period specified by the police fails to confirm that applied for a new passport, or

2) although the reason for the issuance of an alien passport or travel identity document, a stranger on the issue of travel document requests,

  1. d) travel document of an alien was authority of a State which issued it declared invalid or stolen and the alien fails to submit the confirmation referred to in subparagraph c) 1 or due under subparagraph c) of point 2,
  2. e) the alien has failed to fulfill an obligation under § 88 paragraph 2,
  3. f) another State of the European Union or a Contracting State applying a common approach regarding the expulsion decision to expel foreigners from their territory 9a) because of an alien convicted to a prison sentence of at least one year or for a reasonable suspicion that he has committed a serious crime such activity or preparing the territory of a State of the European Union or a Contracting State making the joint action concerning the expulsion, and the infringement of the legislation governing the entry and stay of foreigners on their territory or

‘s Amendment under Act No. 428/2005 Coll. with effect as mentioned in Part IV of the Act.

  1. g) the alien fails to control for residential travel health insurance that meets the conditions of § § 180i or 180j, even within the deadline set by the police, this does not apply to the cases referred to in § 180j, paragraph 4,

provided that the consequences of this decision will be reasonable grounds for cancellation of the visa. In assessing the adequacy of Department considers in particular the implications of this decision in private and family life of a foreigner.

(3) The Ministry in its decision invalidates a visa for a stay over 90 days, setting a deadline for leaving the territory and grant foreigners exit order, the alien shall within the period of the leave.

 

§ 38

Revocation of a visa for a stay over 90 days for

tolerated stay

 

(1) An alien is obliged to request the cancellation of the visa for a stay over 90 days for leave to remain in the territory granted because according to § 33 paragraph 1 point. a) no later than three days after the termination of barriers to travel and visa issued pursuant to § 33 paragraph 3 no later than five days after the demise of the reasons that prevent travel.

(2) The Ministry shall cancel the visa for a stay over 90 days for leave to remain in the territory, where there are no grounds for which this visa is issued, and the stranger asked for canceling the visa within the preceding paragraph or if the visa is issued pursuant to § 33, paragraph 1, point. d) and the court had admitted suspensive effect.

(3) The Ministry of the decision to cancel the visa for a stay over 90 days for tolerated stay shall set a deadline for leaving the territory and grant foreigners exit order, the alien shall within the period of the leave.

 

§ 39

repealed by Law No. 427/2010 Coll.

 

Section 2

Temporary residence in the territory of the diplomatic visa

a special visa

§ 40

 

(1) Diplomatic visa means a visa for a stay over 90 days granted to foreigners on official request and marked as “Diplomatic visa”. Diplomatic visa may be affixed to a diplomatic passport or other travel document of a foreigner who enjoys the privileges and immunities.

(2) A special visa means a visa for over 90 days, granted to foreigners based on the official application and marked as “special visa”. Special visa may be affixed to a service passport or other travel document of a foreigner who enjoys the privileges and immunities.

(3) The application for a diplomatic or special visa, an alien must submit a passport photo. Before the visa foreigner is obliged to supply the proof of travel health insurance during their stay in the territory, which corresponds to the conditions specified in § 180j, on request, an alien is also obliged to submit proof of payment of the premium shown on the proof of travel health insurance. Second sentence shall not apply in the cases referred to in paragraph 4 § 180j

(4) a special diplomatic visa issuing embassies.

 

§ 41

Invalidation of a diplomatic visa and special visas

 

Diplomatic visa or a special visa annulled by the Ministry of Foreign Affairs.

 

Section 3

Temporary residence permit on the basis of

long-term residence

§ 42

Term residence permit

 

(1) An application for a residence permit may be filed by an alien who is residing on a visa for a stay over 90 days, intends to stay temporarily in the territory for more than six months and if the, stay the same purpose.

(2) An application for a residence permit is entitled to an alien who has resided in the territory of a visa for a stay over 90 days in accordance with § 33, paragraph 1, point. a) to c) or § 33, paragraph 3 for tolerated stay and subsequently is residing at a residence permit for tolerated stay issued pursuant to § 43, staying on the territory continuously for at least 3 years.

3) An application for permanent residence is also entitled to file a spouse, minor child or adult dependent child of a spouse or child of such an alien who applies for a permit for long-term residence for the purpose of scientific research or longer for this purpose on the territory (hereinafter referred to as “family member of the researcher “). The application is a family member of the researcher must submit the particulars referred to in § 31 par. 1 point. a), c) to e) and prove that he is a family member of the researcher; on request, is obliged to submit the particulars referred to in § 31 par. 4. Before a visa for a stay over 90 days for the purpose of obtaining long-term residence is a family member of the researcher must submit proof of travel medical insurance during their stay in the territory; It does not apply in the cases referred to in § 180i paragraph. 2. Before a visa for a stay over 90 days for the purpose of obtaining long-term residence is a family member of the researcher must submit proof of travel medical insurance during their stay in the territory of that meets the conditions of § 180j. At the same time it is obliged to request proof of payment of premium shown on the proof of travel medical insurance. It does not apply in the cases referred to in § 180j paragraph. 4th

(4) An application for a residence permit is entitled to an alien who is residing as a member of staff of the embassy of a foreign country or international governmental organizations accredited to the Czech Republic or a family member as registered by the Ministry of Foreign Affairs.

(5) An application for permanent residence under paragraph 1, 2 or 4 shall be submitted to the Ministry a request for permanent residence pursuant to paragraph 3 shall be submitted at the embassy on an official form. Submit an application for permanent residence ministry is also entitled to a family member of a researcher who holds a visa for over 90 days. The request foreigner is obliged to disclose the information to the extent of the application for permanent residence.

(6) An alien is entitled to reside in the territory of the period specified in the license for a residence permit, unless stated otherwise.

 

§ 42a

Term residence permit for the purpose of

family reunification

 

(1) An application for a residence permit for the purpose of family reunification 9c) (hereinafter referred to as “joint family reunification”) is entitled to an alien who is

  1. a) husband foreigners with a residence permit,
  2. b) the minor or adult dependent child of an alien with a residence permit,
  3. c) the minor or adult dependent child husband foreigners with residence permits,
  4. d) the minor foreigner who was foreigners legally residing in the territory of the husband or the decision of the competent authority entrusted to foster care, or who was a foreigner with a residence permit in the territory, adopted or the spouse or the guardian or the guardian’s spouse is a foreigner with a residence permit the territory if you will care for minor foreigner exercise within the territory,
  5. e) a parent of the minor alien who has been granted asylum under a special legal regulation 2), if he is a minor alien parents, is entitled to submit another application of direct relative in the ascending line, and if such a relative, an application may be filed by a guardian of a minor foreigners
  6. f) lone stranger 65 years or older, regardless of age foreigner who is not of themselves for health reasons alone take care of, in the case of family reunification with a parent or a child with a residence permit in the territory.

(2) An application for permanent residence for the purpose of family reunification is also entitled to file an alien who before entering the territory resided in the territory of another Member State of the European Union as a family member holder term residence permit for the purpose of highly qualified employment 32) (hereinafter referred to as the “Blue Card”). The foreigner is obliged to submit within 1 month of the date of entering the country.

(3) An alien pursuant to paragraph 1, which was allowed to stay in the territory or asylum, for the purposes of this Act be deemed bearer permission to family reunification.

(4) An application for permanent residence for the purpose of family reunification served stranger to the embassy.

(5) During their stay in the country on a visa for over 90 days or long term residence permit issued for purposes other alien may request for permanent residence for the purpose of family reunification submit to the Ministry.

(6) The term residence permit for the purpose of family reunification foreigners granted if

  1. a) a foreigner, with whom he has allowed to be shared family reunification, holds a permanent residence permit or a permanent residence permit and reside in the country for at least 15 months in the case of merger spouses, while each of them must be at least 20 years old ,
  2. b) the alien, it should be allowed to family reunification, reside in the country for at least 6 months and is the holder of a permit issued under § 42g
  3. c) husband, with whom she has to be able to live together families, were granted asylum under a special legal regulation 2) where the marriage arose prior to its entry to the territory
  4. d) minor foreigners with whom to be able to live together families, were granted asylum under a special legal regulation 2)
  5. e) if the alien pursuant to paragraph 1. d) or f);
  6. f) the alien with whom should be able to live together families, holds a blue card.

(7) In the case of a polygamous marriage can not term residence permit for the purpose of family reunification granted to foreigners whose husband is the holder of the authorization for family reunification and already on the territory of another wife resides.

 

§ 42b

Requirements for application for a permit for a long-term

residence for the purpose of family reunification

 

(1) The application for a residence permit for the purpose of family reunification, an alien must submit

  1. a) The conditions referred to in § 31, paragraph 1, point. a), d) and e),
  2. b) a document confirming family relationship; case of an application for a residence permit for the purpose of family reunification with the bearer permission to family reunification, has been granted asylum under a special legal regulation 2), the relationship can be demonstrated by other credible way, if it is not possible to provide proof,
  3. c) the consent of the parent or other legal representative or guardian of the child’s residence, unless the joint family reunification with the parent, legal guardian or representative, this does not apply if the alien demonstrates that this document can not, for reasons independent of their will submit or if the child resides in the territory
  4. d) proof that the total monthly family income after the merger will be lower than the sum

1) subsistence minimum amounts 9d) family members and

2) the maximum amount of normative housing costs established for the purposes of the housing allowance by special legislation 9e) or the amount by which the alien proves to the satisfaction of the amount of actual reasonable costs incurred for housing families.

For income is considered to be income chargeable under the Act on subsistence level, with the exception of one-time income, child allowances, unemployment benefits, retraining and benefits of assistance in material need, for purposes of calculating income, § 8, paragraph 2 to 4 of the subsistence minimum does not apply.

(2) The application for a residence permit for the purpose of family reunification is a stranger, who stayed as a family member of the Blue Card holder in another Member State of the European Union 32), further required to submit proof of residence permit to him as a family member Blue Card holders issued by another Member State of the European Union.

(3) If the application for a residence permit for the purpose of family reunification with the bearer permission to family reunification, has been granted asylum under a special legal regulation 2) within the period of 3 months from the date on which the decision to grant asylum, an alien is obliged to submit an application only travel documents and photos to demonstrate the relationship manner pursuant to paragraph 1. b).

(4) The application for a permit for long-term residence for the purpose of family reunification, the foreigner is obliged to request further enclose the documents referred to in § 31 para. 4th

(5) Before the visa for over 90 days for the purpose of obtaining a residence permit for the purpose of family reunification is a foreign national must submit proof of travel health insurance during their stay in the territory which meets the conditions of § 180j. It is also obliged to supply the proof of payment of the premium shown on the proof of travel health insurance. This shall not apply in the cases referred to in paragraph 4 § 180j

 

§ 42c

Long-term residence permit for a resident of another Member

State of the Union

 

(1) An application for a residence permit on the territory may be filed by the holder of a permanent residence permit were granted legal status of long-term resident in the European Community in the territory of another Member State of the European Union 47) (hereinafter referred to as “resident of another EU Member State”) if the territory intends to stay temporarily for a period longer than three months.

(2) An application for a residence permit in accordance with paragraph 1, the resident of another Member State of the European Union at the embassy or at the Ministry. Is resident in the territory of another Member State of the European Union is obliged to submit the application at the time of the authorization for temporary stay in the territory, and no later than three months from the date of entry.

(3) The application for a residence permit pursuant to paragraph 1, the applicant shall submit

  1. a) proof of recognition as a resident of another Member State of the European Union,
  2. b) proof of travel health insurance during their stay in the territory, which corresponds to the conditions specified in § 180j, and upon request proof of payment of the premium shown on the proof of travel medical insurance, this does not apply to the cases referred to in paragraph § 180j 4,
  3. c) proof that the total monthly income of the applicant and assessed together with him persons residing in the territory of not less than the sum of the amounts subsistence levels 9d) of the applicant and its people assessed and the maximum amount of normative housing costs established for the purposes of housing allowance special legislation 9e), or the amount which the claimant proves that the amount of actual reasonable costs incurred on their housing and persons jointly, jointly assessed persons for the purposes of this Act, a person referred to in § 4, paragraph 1 of the subsistence minimum conditions set out in § 4, paragraph 2 and 3 of the subsistence minimum, as income is considered to be income chargeable under the Act on subsistence level, with the exception of one-time income, child allowances, unemployment benefits, retraining and benefits system to help in material poverty, for purposes of calculating income, § 8, paragraph 2-4 of the Act on Subsistence Minimum apply
  4. d) the particulars referred to in § 31, paragraph 1, with the exception of the requirements according to § 31 paragraph 1 point. c), and
  5. e) Upon request, documents pursuant to § 31 para. 4th

(4) The application for a permit for long-term residence for employment purposes, the applicant must submit an employment contract work agreement, contract for work or contract for a future in which the parties undertake the agreed deadline to conclude a basic employment relationship, and requirements specified in § 31 para. 1 point. a), d) and e). On request, the applicant is required to submit further documents pursuant to § 31 para. 4th

(5) An application for a residence permit may be filed by a family member resident in another Member State of the European Union, provided him with a residence permit for the purpose of family reunification in the country by a resident of another Member State of the European Union, the legal status of admitted or he was in the territory of that State resident status of a Member State of the European Union granted.

(6) A family member resident in another EU Member State shall demonstrate compliance with the conditions in paragraph 5 and the application to submit proof of travel health insurance pursuant to paragraph 3. b) a document proving that the aggregate monthly income of the applicant and assessed together with him persons [paragraph 3 point. c)] shall not be less than the sum of the amounts of the subsistence minimum 9d) the applicant and its jointly assessed persons and the highest amount of normative housing costs established for the purposes of housing allowance special legal regulation 9e) or an amount the claimant credibly prove the amount of actual justified cost spent on their housing and jointly assessed persons; and further particulars referred to in § 31 par. 1 point. a), d) and e). On request, the family member is obliged to submit further documents pursuant to § 31 para. 4th

§ 42d

Term residence permit for the purpose of studies

(1) An application for a residence permit to study in the 9f) may be filed at the embassy stranger when the territory intends to stay temporarily for a period longer than three months and in the case of studies in accordance with § 64, with the exception of education in elementary school, middle school or conservatory, which is not implemented in the framework of an exchange program, or work experience undertaken for consideration.

(2) The application for a residence permit in accordance with paragraph 1, the foreign national must

  1. a) submit the particulars referred to in § 31, paragraph 1, point. a), b), d) and e),
  2. b) submit a consent of a parent or other legal representative or guardian, with his residence in the territory, if minor,
  3. c) demonstrate sufficient funds to stay in the country (§ 13), in the case of a college education or unpaid work experience, in other cases, the evidence that the cost of an alien’s stay takes domestic host organization,
  4. d) upon request, the documents pursuant to § 31 para. 4th

(3) Before a visa for a stay over 90 days for the purpose of receiving a residence permit for study purposes in the territory of the foreign national must submit proof of travel health insurance during their stay in the territory which meets the conditions of § 180j. It is also obliged to supply the proof of payment of the premium shown on the proof of travel health insurance. This shall not apply in the cases referred to in paragraph 4 § 180j

§ 42e

Term residence permit for the purpose of protection

(1) Long term residence permit for the purpose of protection 9g) issued by the Ministry at the request of a foreign national who is

  1. a) the likely victims of the crime of trafficking 9h), or
  2. b) the person to whom it was ordered or allowed illegal crossing of the state border 9i), or a person who was assisting illegal residence in the 9i), whose testimony is important to detect offenders or organized groups involved in organizing or facilitating illegal border crossing or helping illegal residence in the territory.

Term residence permit for the purpose of protection issued at the request of the Ministry also foreigners, whose cooperation with law enforcement agencies is essential for preventing, detection, investigation or verification of a crime or other intentional criminal acts, which the prosecution agrees to an international treaty for provided that cooperates with law enforcement authorities in criminal proceedings and does not cooperate with the suspect of committing this crime.

(2) An alien under paragraph 1 shall be informed promptly, in a language in which it is able to communicate, instructed body active in criminal proceedings or a department of the right to apply for a residence permit for the purpose of protection and conditions of stay. Aliens is the day on which he was instructed in the first sentence, granted one month time to decide whether to cooperate with law enforcement authorities in criminal proceedings, the validity of this period may be terminated if the alien no longer meets any of the conditions referred to in paragraph 1, if the necessary to ensure the protection of public order or national security or alien to terminate the grace period requests. During the grace period, you can not deport an alien or otherwise terminate his stay in the Territory and shall be considered the result of granting international protection under a special legal regulation 2). This period does not affect the proceedings on administrative expulsion or the management of its transmission under an international agreement, which is part of the legal order of the Czech Republic.

(3) An application for a residence permit for the purpose of protection provided with a certificate authority participating in criminal proceedings that the conditions referred to in paragraph 1, the foreign ministry. An application for the issue of a residence permit for the purpose of protection may also be filed by the applicant for international protection 2).

(4) The application for a residence permit in order to protect the territory of the foreign national must submit a travel document if its holder, and even passed the period of validity, proof of accommodation during their stay in the territory and photos .

(5) Long term residence permit for the purpose of protection can further ministry issued at the request of a foreign national who is

  1. a) husband,
  2. b) the minor or adult dependent child, or
  3. c) due to the limitation of legal capacity decision of the competent authority entrusted to the care of

foreigners referred to in paragraph 1, if at the time of application the alien resided in the residence and the reason is common to family reunification. The application for a residence permit in order to protect the territory of the foreign national must prove the facts referred to in a), b) or c), submit a travel document, if it holds, even if the elapsed time of validity, and photographs.

(6) If an alien who has been granted under paragraph 2 deadline to decide whether to cooperate with law enforcement authorities in criminal proceedings, the applicant for a residence permit for the purpose of protection or a foreigner, whom it was issued, to ensure accommodation, shall provide accommodation Ministry or a legal person. The Ministry may provide accommodation for foreigners referred to in paragraph 5 The Ministry may, by written agreement a legal entity contributing to the costs associated with the accommodation of the alien.

  • 42f

Term residence permit for the purpose of scientific research

(1) An application for a residence permit for the purpose of scientific research 29) may be filed at the embassy foreigner who has entered into an agreement with a research organization hosting 9j) and intends to stay temporarily in the territory for more than 3 months (the “Research worker “). Research organization for the purposes of this Act, a public research institution, college 9k) or other research organization registered in the list of research organizations approved for admission of researchers from third countries conducted under a special legal regulation 9j). Research activity means an activity also academic staff member or a visiting professor at a public research institutions or other research organizations on the list of research organizations approved for admission of researchers from third countries under special legislation 9j).

(2) During their stay in the country on a visa for a stay exceeding 90 days or a residence permit issued for purposes other researcher may request for a residence permit for the purpose of scientific research submitted at the Ministry.

(3) The application for a residence permit for the purpose of scientific research is required to provide the researcher

  1. a) hosting agreement 9j)
  2. b) the requirements specified in § 31, paragraph 1, point. a) and e),
  3. c) a written undertaking research organization to pay any costs associated with the stay of the researcher in the area after the expiry of the residence permit in the territory, including the costs associated with his departure from the territory where such costs are incurred within six months from the date of expiry of the hosting agreement 9j) and were paid from public funds, and
  4. d) at the request of the items referred to in § 31 para. 4th

(4) Before the visa for over 90 days for the purpose of obtaining a residence permit for the purpose of scientific research is the researcher must submit proof of travel health insurance that meets the conditions of § 180j from the date of entry into the territory of the Czech Republic until the insurance will cover it under a special legal regulation 33). It is also obliged to supply the proof of payment of the premium shown on the proof of travel health insurance. This shall not apply in the cases referred to in paragraph 4 § 180j

(5) During the period of validity of the residence permit for the purpose of scientific research, the holder of this authorization for the purposes of payment provision of health services is deemed as an alien with a permanent residence permit.

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