Czech Republic: Law of 26 April 1996 which changes and amends Law No. 123/1992 on the Stay of Aliens on the Territory of the Czech and Slovak Federal Republic, in the version of Law No. 190/1994; Law No. 216/1991 on Travel Documents and Travelling Abroad; and Law No. 498/1990 on Refugees, in the version of Law No. 317/1993
|Publisher||National Legislative Bodies|
|Publication Date||1 August 1996|
|Cite as||Czech Republic: Law of 26 April 1996 which changes and amends Law No. 123/1992 on the Stay of Aliens on the Territory of the Czech and Slovak Federal Republic, in the version of Law No. 190/1994; Law No. 216/1991 on Travel Documents and Travelling Abroad; and Law No. 498/1990 on Refugees, in the version of Law No. 317/1993 [Czech Republic], 1 August 1996, available at: http://www.refworld.org/docid/3ae6b4dec.html [accessed 28 July 2014]|
|Comments||This is an unofficial translation. Article II entered into force on 31 May 1996 and the rest on 1 August 1996.|
|Disclaimer||This is not a UNHCR publication. UNHCR is not responsible for, nor does it necessarily endorse, its content. Any views expressed are solely those of the author or publisher and do not necessarily reflect those of UNHCR, the United Nations or its Member States.|
The Parliament passed the following law of the Czech Republic:
The Law #123/1992 on the Stay of Aliens on the Territory of the Czech and Slovak Federal Republic, in the version of Law #190/1994, shall be changed and amended in the following way:
1. In Art. 2, paragraph 1 after the words "if it does not set something else" there shall be inserted the words: "this law or".
2. In Art. 5, paragraph 2 after the words "about granting the visa "there shall be inserted the words: "and with the application for extension of the permitted short-term residence which was set by the visa".
3. After the Art. 7 there shall be inserted Art. 7a:
A child placed into substitute family care or accepted into institutional care based on a decision of the appropriate authority, who is not a Czech citizen and did not receive permanent residence permit on the territory of the Czech Republic, is authorized to stay permanently on the territory of the Czech Republic for the period of time while he/she is in the substitute family or institutional care, provided that at least one person, into whose substitute family care the child was given to, is registered as permanent resident of the Czech Republic or the institution that the child stays in is on the territory of the Czech Republic. This authorization rises on the date of legal effectiveness of the decision regarding placing the child into the substitute family care, or as the case may be of the decision concerning acceptance of the child in the institutional care, however, soonest possible on 1 August 1996.".
4. In Art. 9, paragraph 2 at the end of the sentence the following words shall be added: ",an alien who is over 15 years of age and was not stripped of the legal capacity by a court's decision."
5. In Art. 10, paragraph 2 at the end of the sentence there shall be added the following words: ",provided that it is not set otherwise further".
6. In Art. 12 after the paragraphs 2 there shall be inserted a new paragraph 3 which reads as follows:
"(3) To an alien who is authorized to stay permanently on the territory of the Czech Republic and who does not have a valid passport of another state for the reasons that do not depend upon his/her will, the Ministry of Interior shall extend the validity of the residence permit card for 5 years. The obligation of the alien to stay on the territory of the Czech Republic only with a valid passport does not apply in this case.".
The present paragraphs 3 and 4 shall be marked as paragraph 4 and 5.
7. To Art. 13 there shall be added paragraph 3 which reads as follows:
"(3) An alien's authorization to permanent residence under Art. 7a becomes extinct also when the requirements set in the declared provision are not valid any more."
8. In Art. 22, letter b) the words "in the applications handed in" shall be replaced with the words: "in the process".
9. In Art. 22, letter c) after the words "residence permit" there shall be inserted the following words: "or of a travel document.".
10. In Art 22, letter d) the period at the end of the sentence shall be replaced with a comma and a new letter e) shall be added, that reads as follows:
"e) to prove upon request of the Ministry of Interior that the purpose of the long-term residence and the requirements under which this residence was permitted, or was taken a decision regarding the extension of the period set in the long-term residence permit (Art. 8, paragraph 2), still exist, provided that there is a well-founded reason for being afraid that they became extinct.".
11. After Art. 30 there shall be inserted Art 30a which reads as follows:
(1) If an alien loses a passport on the territory of the Czech Republic and cannot get a passport of another state and it does not depend upon his/her will, the Ministry of Interior shall issue, upon the individual's request, a travel identity card which authorizes the alien to travel out of the Czech Republic.
(2) The Ministry of Interior may issue a travel identity card may issue a travel card of identity which authorizes an alien to travel once out of the Czech Republic and return to the Czech republic, to an alien whose residence permit was extended under Art. 10, paragraph 3.
(3) A travel identity card can be issued for maximum of 180 days.".
12. After Art. 32 there be a new Art. 32a inserted, that reads as follows:
The Ministry of Interior is authorized:
a) during the procedure established by this law to require an extract from the Criminal Register of the Czech Republic;
b) take and register finger prints of an alien who was forbidden to stay on the territory of the Czech Republic, or who is being deported.".
The Law # 216/1991 on Travel Documents and Travelling Abroad shall be changed and amended in the following way:
[incorporated in Law No. 216/1991]
The Law #498 on Refugees, in the version of Law #317/1993, shall be amended and changed in the following way:
[incorporated in Law No. 498]
This law becomes effective on 1 August 1996 with the exception of Article III which becomes effective on the day of declaration of the law.
Chairman of the House of Deputies