Residence Permit for the Purpose of Protection & Program for Support in Combating Illegal Migration Ministry of the Interior of the CR Department of Asylum and Migration Policy

Legal Frame Council Directive 2004/81/EC of 29 April 2004 on the residence permit issued to third-country nationals who are victims of trafficking in human beings or who have been the subject of an action to facilitate illegal immigration, who cooperate with the competent authorities Act No. 326/1999 Coll., On the residence of foreigners in the Czech Republic and amending certain Acts – Art 42e

ELIGIBLE APPLICANTS THIRD COUNTRY NATIONAL Victim of the crime of trafficking Person to whom it was ordered or allowed illegal crossing of the state border, or a person who was assisted illegal residence in the territory

Conditions He/she cooperates with law enforcement authorities in criminal proceedings And does not cooperate with the suspect of committing this crime

Residence Permit Application Long-term residence permit application form Travel document Accommodation certification Photos Law enforcement statement on fulfillment of legal conditions

Residence permit decision MoI – DAMP Minimum duration 6 moths Renewable Under similar conditions

Residence Permit in the form of a residence permit card foreigners with residence permits, who does not have a valid travel document and prove that for reasons independent of their will can not obtain a travel document in another way, the Ministry will issue TTD (temporary travel document)

Residence permit termination MoI / DAMP in case: The conditions for issuing residence permit are not met it is necessary for safeguarding public order or national security Upon request of the foreigner concerned

Changes of the purpose of residence permit Regular application – MoI / DAMP If the purpose of the residence permit was met or after 1 year of stay with u purpose of protection Cold not be approved if: - regular conditions for issuing the residence permit are not met

Permanent residence staying in the country on the basis of the authorization granted long-term residence for the purpose of protection if its cooperation with law enforcement authorities in criminal proceedings has contributed to proving the crime of human trafficking or organized demonstration or allowing illegal border crossing Or after 5 years staying in the country on the basis of the authorization granted long-term residence for the purpose of protection

FIGURES Statistics on Program implementation 2007 - 2014 Year Number of initiatives (possible cases) Number of detected witnesses Number of persons provided with services of the Program) witnesses / dependent family members VI.-XII. 2007 60 2 2008 86 7 3 2009 16 5 9 4 2010 37 12 2011 67 8 6 2012 1 2013 2014

Assistance Programs Program for Support in Combating Illegal Migration Non legal measure conducted under the auspices of the Department of Asylum and Migration Policy of the Ministry of Interior (DAMP) Program for Support and the protection of victims of trafficking Non legal measure conducted under the auspices of the Department of Security Policy and Prevention of criminality the Ministry of Interior

Program is aimed at 3rd country nationals who: have serious criminally relevant information on persons suspected of having committed the present offense as defined in the fight against illegal immigration enshrined, inter alia, in terms of criminal law provisions of § 42e of the Aliens Act in a period of reflection before they decide to join the cooperation and decided to collaborate and cooperate consecutively or directly cooperate with the competent authorities on the present criminal proceedings, in the procedural position of significant witness terminated contact with persons suspected of committing crimes in question and their current status or situation requires the provision of paid services under the Program short-term cooperation does not mean any obstacle for using the Program the Program is reserved also for relatives present in the territory

Benefits for cooperating witnesses The right of residence (protection, accommodation, legal and social counseling, psychological care, health insurance paid by the state, work, study, financial contributions, integration) Suspending enforcement of administrative expulsion or readmission (according to interim results of cooperation with law enforcement authorities - bonus abolition SV) According to the final outcome of the criminal proceedings the opportunity to apply for permanent residence - humanitarian reasons

Institutional frame within the Program Under the Program, a system of co-operation of relevant stakeholders was established in order to detect witnesses to identify them, and continue introducing them their rights and duties within a Program (free will to participate) - ensure their access to the declared rights and at the same time provide them with a safe environment to meet obligations related to criminal procedures concerned

DAMP - managing the Program, detection, administrative proceedings on residence permits, cooperation with other actors; Law Enforcement Authorities (LEA) - detection, identification, instruction, criminal proceedings, cooperation with other actors Alien Police - detection, identification/LEA, suspension/termination of return or readmission decisions, cooperation with other actors

Refugee Facility Department MoI - detection, cooperation with other actors NGOs - detection, providing accommodation, legal and social counseling, psychological care, assistance and integration services, cooperation with other organizations IOM -detection, identity verification, secure of identity/travel documents, voluntary returns, interaction with other actors

Thank You Mgr. Bela Hejna Asylum and Migration Policy Department Ministry of the Interior Czech Republic E-mail: bela.hejna@mvcr.cz Tel: 974 832 036