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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
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Legal Frame Council Directive 2004/81/EC of 29 April 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
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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
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Conditions He/she cooperates with law enforcement authorities in criminal proceedings And does not cooperate with the suspect of committing this crime
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Residence Permit Application
Long-term residence permit application form Travel document Accommodation certification Photos Law enforcement statement on fulfillment of legal conditions
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Residence permit decision
MoI – DAMP Minimum duration 6 moths Renewable Under similar conditions
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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)
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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Thank You Mgr. Bela Hejna Asylum and Migration Policy Department
Ministry of the Interior Czech Republic Tel:
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