Conditions for the Entry and Stay of Foreign Nationals in the Czech Republic
General Information, Legal Acts, Implementing Regulations
The conditions for the entry and stay of foreigners in the Czech Republic are governed by the Act on Residence of Foreign Nationals in the Czech Republic, as amended (Act No. 326/1999 Coll., as amended by later legislation – hereinafter referred to as the “Foreign Nationals Act”). The latest amendment to this Act was published in the Official Journal No 427/2010 and came into force on January 1, 2011 (some provisions enter into force on May 1, 2011 and January 1, 2013 respectively). Implementing regulations have been published for the purpose of implementing certain provisions of the Foreign Nationals Act as follows:
- Decree No. 368/1999 Coll., as amended, establishing the requirements and number of photographs required by the Foreign Nationals Act
- Decree No. 274/2004 Coll., as amended, listing the diseases that could endanger public health and listing the diseases and afflictions that could seriously impact public order
- Decree No. 428/2010 Coll., as amended, defining the groups of foreigners who can remain in the transit area of international airports in the Czech Republic only on the basis of an airport visa
- Decree No. 447/2005 Coll., as amended, defining the amount of expenses for accommodations, meals and travel within the Czech Republic for foreigners detained for the purpose of administrative expulsion
- Decree No. 415/2006 Coll., as amended, defining the technical conditions and procedures for obtaining and further processing of the biometric data contained in the data carriers of travel documents
- Decree No. 461/2008 Coll., as amended, defining a list of countries of which state nationals are authorised to apply for a green card
- Decree No. 462/2008 Coll., as amended, defining a list of countries of which state nationals are authorised to apply for a visa, long-term or permanent residence permit only at diplomatic mission in the state of which nationality they possess, or which issued travel document which the foreigner possess, or in a state where the foreigner has been granted long-term or permanent residence
The conditions for the entry and stay of foreign nationals are further addressed by the directly binding EC/EU regulations (and, since the Czech Republic’s entry into the Schengen area on 21 December 2007, by the directly binding Schengen acquis).
These are primarily:
- Schengen Borders Code (pdf, 1,86 MB) (Regulation [EC] No. 562/2006 of the European Parliament and of the Council establishing a Community Code on the rules governing the movement of persons across borders)
- Council Regulation (EC) No. 539/2001, as amended by later regulations, listing the third countries whose nationals must be in possession of visas when crossing the external borders and those whose nationals are exempt from that requirement
- Directive 2004/38/EC of the European Parliament and the Council (pdf, 189 kB) on the right of citizens of the Union and their family members to move and reside freely within the territory of the Member States
- Regulation (EC) No 810/2009 of the European Parliament and of the Council of 13 July 2009 establishing a Community Code on Visas (Visa Code)(pdf, 1,41 MB) laying down the procedures and conditions for issuing visas for transit through or intended stays in the territory of the Member States not exceeding three months in any six-month period
- Directive 2004/38/EC (pdf, 188 kB) of the European Parliament and of the Council of 29 April 2004 on the right of citizens of the Union and their family members to move and reside freely within the territory of the Member States
Fore more information on EU related documents, visit the website of the European Commission.
Conditions for entry and stay in the territory of the Czech Republic are different for the following groups of foreign nationals:
- European Union citizens (i.e., persons enjoying the Community right of free movement) – the same rules apply to citizens of Iceland, Norway, Liechtenstein, and Switzerland;
- Third-country nationals – family members of European Union citizens (i.e., persons enjoying the Community right of free movement) – the same rules apply to family members of citizens of Iceland, Norway, Liechtenstein, and Switzerland; and
- Third-country nationals
Department of Asylum and Migration Policy, 24th March 2011