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Ending and revoking a residence permit and leaving the CR

  1. Departure of a foreign national with a residence permit
  2. Options for ending and cancelling residency
  3. Departure Order

 Česky

Options for ending and cancelling residency

By its decision, the MOI revokes the validity of a foreign national’s visa for a stay of over 90 days if

  1. he/she was legitimately sentenced to over three years of imprisonment for committing a deliberate criminal act,

  2. he/she did not meet the purpose for which the visa was issued,

  3. the foreign national requests the visa’s validity be cancelled,

and also if

  1. the foreign national gave false data in the visa application or submitted forged or modified documents or documents in which the data essential for appraising the application did not correspond to the facts,

  2. the foreign national no longer meets some of the conditions for granting the visa,

  3. during a residence control the police discover that the foreign national does not have a valid travel document or submits a forged or modified travel document and

    1. within a set deadline the foreign national did not submit confirmation that he/she has requested a new travel document be issued, or

    2. although there is a reason for issuing a foreign passport or travel identity card, the foreign national did not request this travel document to be issued,

  4. the foreign national’s travel document was declared invalid or stolen by the authority of the state that issued it and the foreign national does not submit a certificate pursuant to (c),

  5. the foreign national did not meet the obligation to submit an application on granting a visa for a foreign national born in the Czech Republic within 60 days of birth,

  6. another European Union or Schengen state implementing a common expulsion procedure has decided to expel the foreign national due to sentencing the foreign national to at least one year of imprisonment or for reasonable suspicion that he/she has committed a serious criminal act or is preparing such an act in the territory of a European Union or Schengen state implementing a common expulsion procedure, and further for reasons of infringing the legal regulations governing the entry and stay of foreign nationals in their territories, or

  7. during a residence control, the foreign national fails to submit a document on travel medical insurance, corresponding to the set conditions, within the deadline set by the police,

under condition that the results of this decision on revoking the visa’s validity are adequate to the reason for revoking the visa’s validity, taking into account the impacts on the foreign national’s private or family life.

In the decision to revoke the visa’s validity, the MOI sets a deadline for departing the Czech Republic and issues a departure order. The foreign national is obliged to depart from the Czech Republic within the deadline. At the same time, the MOI invalidates the visa as its validity has ended.

If you request that your visa be revoked, then do so at the MOI office according to the place (residence) you are registered by filling in an application for ending residence. You can also do so by sending the application by post, as valuable writing or registered letter, and send it to relevant  MOI office with your contact address.

The MOI revokes the validity of a long-term residence permit for the purpose of family unification, if the foreign national requests it, or if 

  1. the foreign national was legitimately sentenced for committing a deliberate criminal act,

  2. another European Union or Schengen state implementing a common expulsion procedure has decided to expel the foreign national due to sentencing the foreign national to at least one year imprisonment or for reasonable suspicion that he/she has committed a serious criminal act or is preparing such an act in the territory of a European Union or Schengen state implementing a common expulsion procedure, and further for reasons of infringing the legal regulations governing the entry and stay of foreign nationals in their territories,

  3. during a residence control the foreign national fails to submit a document on travel medical insurance, corresponding to the set conditions, within the deadline set by the police,

  4. it was discovered that the foreign national could, during further residence in the Czech Republic, threaten national security or seriously disrupt public order,

  5. the foreign national no longer meets the conditions proven in accordance with § 42b/1, c) or d) of the Act on the Residence of Foreign Nationals in the Czech Republic,

  6. it is discovered that the requirements submitted for the application for issuing or extending the validity of a long-term residence permit for the purpose of family unification were forged or modified or the data essential for appraising the application did not correspond to the facts,

  7. the foreign national does not have accommodation in the Czech Republic,

  8. the foreign national’s further residence could endanger public health as he/she suffers from a serious illness (see Decree No. 274/2004 Coll.[pdf, 562 kB]), if the foreign national contracted this illness before entering the Czech Republic,

  9. the foreign national fails to satisfy the purpose for which the permit had been issued,

  10. it was discovered the foreign national circumvented the Act on the Residence of Foreign Nationals with the aim of obtaining this permit, especially if he/she entered into a marriage of convenience or intentionally declared fatherhood,

  11. if the holder of the right to family unification requests his long-term residence permit be revoked or this permit is revoked,

  12. if the holder of a Green Card requests it be revoked or it’s validity is revoked, or

  13. the holder of a Blue Card had its validity revokedor it was not extended or another EU Member State did not grant his/her application to issue a Blue Card and the validity of the Blue Card issued in the Czech Republic ended,

under condition that the results of this decision on revoking the residence permit’s validity are adequate to the reason for revoking the residence permit’s validity, taking into account the impacts on the foreign national’s private or family life.

In the decision for revoking the residence permit’s validity, the MOI sets a deadline for departing the Czech Republic and issues a departure order. The foreign national is obliged to depart from the Czech Republic within the deadline.

If you request that your long-term residence permit be revoked, then do so at an MOI office according to the place (residence) you are registered by filling in an application for ending residence. 3 days, the latest, before ending residency in the CR, you should return the residency card, if it was issued as a separate document. You can also do so by sending the residency card by post or insured letter to the pertinent MOI office giving your contact address.

The MOI revokes the validity of a long-term residence permit for the resident of another EU Member State, if the foreign national requests it, or if 

  1. the holder of the permit was legitimately sentenced for committing a particularly serious crime,

  2. if there is reasonable danger that the permit holder could, during further residence in the Czech Republic, seriously disrupt public order or threaten national security,

  3. another European Union or Schengen state implementing a common expulsion procedure has decided to expel the permit holder due to sentencing him/her to at least one year imprisonment or for reasonable suspicion that he/she has committed a serious criminal act or is preparing such an act in the territory of a European Union or Schengen state implementing a common expulsion procedure,

  4. the permit holder does not fulfil the purpose for which the permit was issued, except for cases referred to in §46/9 of the Act on the Residence of Foreign Nationals in the Czech Republic,

  5. during a residence control the permit holder fails to submit a document on travel medical insurance, corresponding to the set conditions, within the deadline set by the police,

  6. the permit holder does not have accommodation in the Czech Republic,

  7. the sum monthly income of the permit holder and the persons appraised with him/her does not reach the amount for subsistence of the persons appraised together, or

  8. the state that recognised the permit holder’s legal status as a resident of another EU Member State, decided to revoke this legal status and, at the same time, to revoke the permanent residence permit in its territory

under condition that the results of this decision on cancelling the visa’s validity are adequate to the reason for cancelling the visa’s validity, taking into account the impacts on the foreign national’s private or family life.

In the decision for cancelling the visa’s validity, the MOI sets a deadline for departing the Czech Republic and issues the foreign national with a departure order. The foreign national is obliged to depart from the Czech Republic within the deadline.

If you apply for ending the stay in the Czech Republic on a long-term residence permit, then do so at the MOI office according to the place (residence) you are registered by filling in an application for ending residence. 3 days, at the latest, before ending residency in the CR, you should return the residency card, if it was issued as a separate document. You can also do so by sending the residency card by post or insured letter to the pertinent MOI office giving your contact address.

under condition that the results of this decision on revoking the residence permit’s validity are adequate to the reason for revoking the residence permit’s validity, taking into account the impacts on the foreign national’s private or family life.

When revoking the validity of a long-term residence permit for a resident of another EU Member State, the MOI also revokes the long-term residence permit issued to his/her family member under condition that this decision will be appropriate from the standpoint of impacting on his/her private or family life. The MOI proceeds in a similar manner in regards to a family member of a resident of another EU member State in the event that the validity of a long-term residence permit for a resident of another EU Member State ceased on the basis of a decision on expulsion.

In the decision for revoking the residence permit’s validity, the MOI sets a deadline for departing the Czech Republic and issues a departure order. The foreign national is obliged to depart from the Czech Republic within the deadline.

If you request that your long-term residence permit be revoked, then do so at an MOI office according to the place (residence) you are registered by filling in an application for ending residence. 3 days, the latest, before ending residency in the CR, you should return the residency card, if it was issued as a separate document. You can also do so by sending the residency card by post or insured letter to the pertinent MOI office giving your contact address.

The MOI will revoke the validity of an employee card, if:

  1. its holder has been convicted of perpetration of an intentional crime,

  2. the employee card does not serve the purpose for which it was issued,

  3. its holder applies for cancellation of his or her employee card,

also if:

  1. the foreign national provided untrue information in the application for the employee card or submitted forged or altered documents attached to the application or submitted documents containing information important for examination of the application which is untrue,

  2. the foreign national ceased to comply with any of the conditions for issue of an employee card,

  3. during a residence check, the Police establishes that the foreign national does not have a valid travel document or the foreign national presents a forged or altered travel document and

    1. the foreign national fails to present a certificate confirming that he or she applied for a new travel document within a deadline set by the Police, or

    2. although there the foreign national requires a new foreign passport or travel identity card, he/she has failed to apply for such a travel document,

  4. the foreign national’s travel document has been declared invalid or stolen by the authority of the country that issued the travel document, and the foreign national has failed to present the certificate referred to in clause c),

  5. the foreign national failed to meet the obligation to file an application for a long-term residence permit on behalf of a foreign national born in the territory of the CR within a deadline of 60 days from the day of his or her birth,

  6. some other state of the European Union or signatory state applying a joint procedure in the matter of expulsion decided to expel the foreign national from its territory because the foreign national was sentenced to a prison sentence of at least 1 year or because it had reasonable suspicion that the foreign national has perpetrated a serious crime or is preparing such a crime in the territory of one of the states of the European Union or in one of the signatory states applying a joint procedure in the matter of expulsion, and also as a result of violation by the foreign national of the legal regulations governing the entry and stay of foreign national in its territory , or

  7. during a residence check, the foreign national has failed to present a.travel medical insurance document, which would meet the applicable conditions, and has failed to so even within a deadline set by the Police;

provided that the consequences of this decision are adequate to the reason for cancelling the employee card. When considering such adequacy, the Ministry will take into account particularly the impact of this decision on the foreign national’s private and family life.

The MOI will also revoke the validity of an employee card, if:

  1. the foreign national’s professional qualifications were not recognised by the relevant recognition authority,

  2. the foreign national’s employment has ended; if the foreign national’s employment is terminated by dismissal on any of the grounds stated in Section 52(a) through (e) of the Labour Code or by agreement on the same grounds, or by immediate termination pursuant to Section 56 of the Labour Code, the employee card will be cancelled if the duration of the foreign national’s unemployment exceeded 3 consecutive months and the foreign national did not apply with the Ministry for the consent referred to in Section 42g(7) within this deadline or this consent has not been granted to the foreign national,

  3. an agreement on work activity has ended; if an agreement on work activity is terminated by dismissal from the employer, the employee card will be cancelled if the period of the foreign national’s unemployment exceeded 1 month and the foreign national did not apply with the Ministry for the consent referred to in Section 42g(7) within this deadline or this consent has not been granted to the foreign national, or

  4. the validity of the foreign national’s employment permit has expired or an employment permit has been withdrawn from the foreign national; if the foreign national’s employment is terminated by dismissal on any of the grounds stated in Section 52(a) through (e) of the Labour Code or by agreement on the same grounds, or by immediate termination pursuant to Section 56 of the Labour Code, the employee card will be cancelled if a new employment permit has not been issued to the foreign national within a period of 3 consecutive months, or the foreign national did not apply with the Ministry for the consent referred to in Section 42g(7) within this deadline or this consent has not been granted to the foreign national.
     

In a decision to cancel an employee card, the Ministry will set a deadline for leaving the territory of the CR and will issue a departure order to the foreign national; the foreign national is obliged to leave the territory of the CR within the set deadline.

The MOI revokes the validity of a Blue Card, if the foreign national requests it or if

  1. it is discovered that the requirements submitted for the application for issuing or extending the validity of a Blue Card were forged or modified or the data essential for appraising the application did not correspond to the facts,

  2. its holder no longer meets some of the conditions for issuing a Blue Card,

  3. its holder no longer meets the purpose for which the Blue Card was issued,

  4. its holder did not inform the MOI within 3 working days of the end of the employment or a change in the job title; this is not valid if the holder of the Blue Card was prevented from meeting this obligation by reasons beyond his/her control,

  5. the holder of the Blue Card is unemployed for more than 3 consecutive months,

  6. the holder of the Blue Card was repeatedly unemployed for the period of the card’s validity; this is not valid if the employment ended for one of the reasons referred to in § 52/a to /e of the Labour Code or by agreement due to the same reasons or by instant resignation in accordance with § 56 of the Labour Code,

  7. its holder does not have accommodation in the Czech Republic, or

  8. the pertinent recognition body did not recognise the holder’s professional qualifications,

and also if

  1. its holder was legitimately sentenced for committing a particularly serious crime,

  2. another European Union or Schengen state implementing a common expulsion procedure has decided to expel the permit holder due to sentencing him/her to at least one year of imprisonment or for reasonable suspicion that he/she has committed a serious criminal act or is preparing such an act in the territory of a European Union or Schengen state implementing a common expulsion procedure,

  3. there is a reasonable risk that the holder could, during further residence in the Czech Republic, seriously disrupt public order or threaten national security, or

  4. its holder submitted an application for an allowance for living or housing benefit or immediate emergency assistance from the system of assistance in material need,

under condition that the results of this decision on revoking the Blue Card’s validity are adequate to the reason for cancelling the Blue Card’s validity, taking into account the impacts on the foreign national’s private or family life.

In the decision for revoking the validity of a Blue Card, the MOI sets a deadline for departing the Czech Republic and issues a departure order. The foreign national is obliged to depart from the Czech Republic within the deadline.

If you request for your Blue Card to be revoked, then do so at an MOI office according to the place (residence) you are registered by filling in an application for ending residence. 3 days, at the latest, before ending residency in the CR, you should return the Blue Card, if it was issued as a separate document. You can also do so by sending the Blue Card by post or insured letter to the pertinent MOI office giving your contact address.

The MOI revokes the validity of a permanent residence permit, if the foreign national requests it, or if 

  1. it was discovered the foreign national circumvented the Act on the Residence of Foreign Nationals in the Czech Republic with the aim of obtaining this permit, especially if he/she entered into a marriage of convenience or intentionally declared his agreement with fatherhood,

  2. the foreign national was given a permanent residence permit on the basis of  forged or modified supporting documents or supporting documents in which the data essential for appraising the application did not correspond to the facts,

  3. the foreign national has resided outside the territory of the EU countries for longer than 12 months, unless justified by serious reasons, in particular pregnancy and childbirth, serious illness, studies or professional training or a foreign work posting,

  4. the foreign national has resided outside of the Czech Republic for longer than 6 years,

  5. it is justified by meeting commitments ensuing from an international agreement,

  6. the foreign national, a former Blue Card holder, or his/her family member, lived continuously outside of the territory of the EU countries for longer than 24 months,

and also if

  1. the foreign national repeatedly seriously disrupts public order or the rights and freedoms of others or there is reasonable risk that they could threaten state security,

  2. the reason for issuing the permanent residence permit ceases to exist within 5 years of it being issued in accordance with § 66/1/a indent 1 or §66/1/b of the Act on the Residence of Foreign Nationals in the Czech Republic,

  3. the validity of the permanent residence permit, issued to the person for whom the foreign national cared, expires,

  4. the foreign national did not meet the obligations according to § 88/3 of the Act on the Residence of Foreign Nationals in the Czech Republic,

  5. the foreign national is included in the Schengen Information System and the relevant body that included the foreign national into this system provides additional information, assessment of which indicates that there is still a reasonable risk that during his/her stay in the territory of another Schengen state he/she could threaten its security or seriously disrupt public order,

  6. the foreign national was legitimately sentenced to over 3 years imprisonment by a court of the CR for committing a deliberate criminal act, or

  7. another European Union or Schengen state implementing a common expulsion procedure has decided to expel the permit holder due to sentencing him/her to at least one year imprisonment or for reasonable suspicion that he/she has committed a serious criminal act or is preparing such an act in the territory of a European Union or Schengen state implementing a common expulsion procedure, and further for reasons of infringing the legal regulations governing the entry and stay of foreign nationals in their territories,  

under condition that this decision is adequate from the standpoint of the impacts on the foreign national’s private or family life.

In the decision for revoking the validity of a permanent residence permit, the MOI sets a deadline for departing the Czech Republic and issues a departure order. The foreign national is obliged to depart from the Czech Republic within the deadline.

If you request that your permanent residence permit be revoked, then do so at an MOI office according to the place (residence) you are registered by filling in an application for ending residence. 3 days, at latest, before ending residency in the CR, you should return the permanent residence card, if it was issued as a separate document. You can also do so by sending the permanent residence card by post or insured letter to the pertinent MOI office giving your contact address.

  


Department for Asylum and Migration Policy, May 4th, 2018

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