The conditions regulating the residence of foreigners in the Czech Republic, the entry in and exit from the Czech Republic are set out in Act no. 326/1999 Coll., on Residence of Foreigners in the Czech Republic.

Under this Act, a foreigner is deemed to be a person other than a citizen of the Czech Republic (including EU and EEC citizens). The Aliens Law does not apply to foreigners having applied for asylum and to persons having been granted asylum in the Czech Republic (both these groups fall under the legal regime established on the basis of Act no. 325/1999 Coll., on Asylum), to foreign nationals staying in the Czech Republic under a special act providing for the temporary stays of foreign armed forces or to foreign nationals having applied for residence permit for the purpose of temporary protection or having been granted residence permit for the purpose of temporary protection .

The governmental authorities of the Czech Republic exercising powers related to the residence of foreigners in the Czech Republic include, in particular, the Aliens Police and the Border Police, the Czech Ministry of the Interior, the Ministry of Foreign Affairs and the individual diplomatic and consular offices abroad.

Residence for the purpose of temporary protection is a special kind of stay. This type of residence is governed by Act no. 221/2003 Coll., on temporary protection of foreign nationals. This Act is applicable only if temporary protection of foreign nationals has been ordered by the Czech government of the EU Council.

Entry, Border Control

Foreigners may enter the Czech Republic at places designated as border crossings, i.e. at specific locations at the border of the state, and in the area of international airports or, as the case may be, in a train crossing the international border. Upon crossing the Czech border, the foreigner must undergo border control, if required by the police. The scope of documents that must be presented by the foreigner upon his/her entry in the Czech Republic depends both on the state of the foreigner's origin (the duty to present visa or the freedom to enter without visa) and on the duration and purpose of his/her stay in the Czech Republic. As a general rule, citizens of EU member states or other countries having visa-free relations with the Czech Republic must present their passport at the border control. Foreigners who must obtain a visa to enter the Czech Republic must, in addition, present their valid visa, confirmation of having sufficient funds to pay for their stay in the Czech Republic (cash, bank account statement, international credit card, an invitation verified by the police), a certificate of health insurance that will be used to pay the costs of treatment related to an injury or sudden illness, including the costs incurred in relation to the repatriation of a deceased, confirmed accommodation or, as the case may be, visa of the destination state if the Czech Republic is only a transit state on the foreigner's journey; in addition, these foreign nationals must verify they have the resources to travel into the state having issued their travel document or to the state of their permanent residence, fill-in and sign the border bill or, as the case may be, disclose personal information within the extent of a visa application.

Temporary Residence

The Aliens Law provides for two regimes of residence: temporary residence and permanent residence.

A foreigner may temporarily reside in the Czech Republic:

• without a visa

• on the basis of a short-term visa, long-term visa, diplomatic visa or a special visa

• on the basis of a temporary residence permit (valid as of the Czech Republic's accession to the EU, i.e. as of 1 May 2004).

A short-term visa is:

• an exit order

• a transit visa

• an airport visa

• a residence visa for up to 90 days

• the "Unified Schengen Visa" (valid until a decision to cancel controls on Czech border is adopted).

A long-term visa under the Aliens Law is:

• a residence visa for over 90 days

• a tolerance visa

Note!

Citizens of the EU and citizens of other countries having signed the necessary international treaties with the Czech Republic may reside in the Czech Republic without a visa, provided that the intended stay is temporary. Further special cases are provided for in the Czech legal rules and regulations (e.g. a foreigner exercising his/her punishment of imprisonment, a pilot or another member of an international airlines crew etc.).

Residence of a Foreigner Born in the Czech Republic

If a foreigner is born in the Czech Republic, his/her stay for a period of up to 60 days following his/her birth is considered temporary. In this period, the parent must apply on the child's behalf for basically the same type of visa or the same residence permit, under which the parent him/herself stays in the Czech Republic. This must be done in all cases, unless the infant leaves the Czech Republic within 60 days of his/her birth. If the application cannot be filed for reasons independent of the parent's will (e.g. the health condition of the mother after she has delivered the child), the parent - foreign national must immediately report these reasons to the police, and to file the application once these obstacles have been removed.

The following must be attached to the application: the infant's passport; if the infant does not have a passport, the parent's passport; the infant's birth certificate and a certificate of its health insurance or, as the case may be, a sworn statement of the parent that he/she will bear all the costs incurred in relation to the health care provided to the infant.

Reporting the Foreigner's Residence in the Czech Republic:

The following text explains the fundamental duties of a foreigner to report his or her residence in the Czech Republic. Foreigners residing in the Czech Republic under a residence visa issued for up to 90 days or under a long-term residence visa are required to report the beginning, the place and the expected duration of the stay to the police within 3 days upon entering Czech Republic. Foreigners authorised to reside in the Czech Republic without a visa are obliged to report the beginning, the place and the estimated duration of their residence at the local Aliens Police office (competent at the place of their residence) within 30 days upon entering Czech Republic, provided that their residence exceeds 30 days. If the foreigner is accommodated against consideration in a lodging establishment (e.g. a hotel, a hostel), the reporting duty must be, in compliance with the law, fulfilled on the foreigner's behalf by the party providing the lodging. Should the place of a longer residence be changed (longer estimated residence - 180 days for foreigners with a residence permit, 30 days for foreigners with a long-term visa, 90 days for foreigners entitled to reside in the Czech Republic without a visa), the foreigner must report this change to the local office of the Aliens Police (competent at the new place of residence).

Under the Aliens Law, the party providing the lodging is a person accommodating foreigners against a consideration, or a person accommodating more than five foreigners (unless these foreigners are directly related to the person). As mentioned above, the party providing the lodging must fulfil the reporting duty on behalf of the foreigner. The party providing the lodging must maintain a register of the accommodated foreigners and to report the registry data to the police within the set deadlines.

The Duties of the Foreigner:

In addition to other obligations specified in the Aliens Law, the foreigner has, in particular, the following duties:

• to report at an office of the Aliens Police one day after being released from imprisonment or execution of punishment, if he/she does not have a valid passport or visa (if necessary for his/her residence in the Czech Republic)

• to identify him/herself if requested by the police, presenting his/her valid passport or certificate of his/her residence permit, and to prove that his/her residence in the Czech Republic is justified (e.g. by a valid visa)

• to report any changes of his/her surname and marital status to the police (marriage, divorce)

• to surrender any certificate issued by the police upon the expiry of its validity (save for the travel identity card and visa used by the foreigner to leave the Czech Republic)

• to report any loss or theft of certificates issued by the police, e.g. the passport

• in cases specified by the law, to undergo procedures, such as to have his/her fingerprints taken, to have image records made and to undergo medical examinations etc.

• to prove that the foreigner has proportionate resources sufficient to reside in the Czech Republic, if requested by the police

Travel Documents:

The following documents will be recognised as travel documents in various instances:

• a public document recognised by the Czech Republic as a travel document

• a public document verifying information of the foreigner's citizenship, his/her identity, information of the document's validity and the foreigner's photograph, provided that the instrument is a public document issued by a foreign country

• an identity card of an EU member state's citizen (valid as of the Czech Republic's accession to the EU, i.e. as of 1 May 2004)

• alien's passport

• travel identity card

• travel document issued by the Czech Republic under an international treaty

The last three documents are issued by the Aliens Police upon request of the foreigner. These documents are:

Alien's passport is issued by the police if requested by a foreigner residing in the Czech Republic under a residence permit and not holding a valid travel document (passport). The foreigner must prove that he/she cannot get the passport in another manner. Alien's passport may be further issued to a minor (under 15 years of age) residing in the Czech Republic under a decision on substitute guardianship.

A travel identity card is issued by the police, if requested by a foreigner who does not hold a valid passport and who is incapable of getting a passport in another way.

The police will issue a travel identity card to a foreigner, without him/her applying for one, in the following cases:

• the short-term visa is declared invalid

• a decision on the invalidity of a long-term visa or a decision to annul the foreigner's residence permit becomes legally effective

• the validity of a permanent residence permit expires

• visa is granted to tolerate the residence of a foreigner whose exit from the Czech Republic is not possible for reasons stipulated by the law

The police will further issue a travel identity card to a foreigner not holding a valid passport and who has been legitimately deported from the Czech Republic.

The police may seize a foreigner's passport upon checking the foreigner. The police may do so only if the statutory conditions have been met, i.e., in particular, if the foreigner presents a passport that has not been issued at his/her name, or if a passport issued by the police may be found invalid. If the police, upon checking the foreigner, seize his/her passport, it must provide the foreigner with a written confirmation. Once having received the passport, the local police office will decide whether to seize or return the passport to the foreigner within 15 days.