Czech Senate did not support the tightening of the law on the stay of foreigners
In their opinion, the bill contains provisions that contradict the Czech Constitution, EU legal norms, and the republic's international obligations on human rights. As reported by the portal Vinegret.cz, the senators thus agreed with the opinion of Human Rights Minister Jan Chvojka, who recommended not adopting the document in its current form. The document will now be returned to the lower house of parliament for amendments and reconsideration.
Recall that the bill was initiated by the Czech Ministry of the Interior and easily found support in the government. However, in the lower house of parliament, under pressure from human rights activists, a provision was removed that proposed depriving migrants of the right to judicial appeal against the Ministry's refusal to grant (or extend) a residence permit.
The current law allows foreigners to first file an appeal against a negative decision of the department, and if unsuccessful, to apply to an independent court. One of the authors of the amendments, Deputy Václav Klučka (ČSSD), under the pretext of excessive court workload and the "current security situation," proposed transferring these powers to a commission within the Ministry itself, which can hardly be called independent. "By constantly waiting for court decisions, the deadline for a foreigner to leave the republic is endlessly postponed. And this is a big problem," he stated.
As a result, on April 7, 2017, the lower house excluded this provision from the final version of the document. However, other controversial amendments remained, opposed by human rights activists and the Government Council for Human Rights of the Czech Republic. Among them, the following provisions cause the greatest concern among lawyers:
• Abolish the right to so-called temporary residence (přechodný pobyt) for spouses of Czech citizens from third countries (non-EU). A specific example: today, a Ukrainian woman who married a Czech can apply for temporary residence regardless of the circumstances under which she originally entered the republic. She can claim this document solely on the basis of marriage, even if her main residence permit has expired and the Ministry has issued her a so-called "exit visa." In its current form, the bill abolishes this provision.
• Oblige foreigners to provide Czech authorities with original documents, such as birth certificates, marriage certificates, etc., rather than copies.
• Extend liability to foreigners for dishonest employers. If the company where a labor migrant works owes money to the tax or customs authority, this may be sufficient grounds to not extend the foreigner's residence permit.
• Increase the period during which a labor migrant cannot change their type of stay to "entrepreneurship." Currently, it is 2 years. This period is proposed to be increased to 5 years.
• Deprive foreigners of the right to compensation for illegal detention in the Czech Republic.
• Deprive or not extend foreigners' long-term residence permits (long-term visa, temporary residence) for any intentional criminal offense.
Czech Interior Minister Milan Chovanec was dissatisfied with the Senate vote. "We do not see anything there that would contradict the constitution. This bill is needed, including for effective fight against economic migration," he stated.
The document also contains other important provisions. In particular, it introduces a new residence permit for investors and a special visa card for employees of companies (karta vnitropodnikového zaměstnance) sent to the Czech Republic on a business trip.