AKMV Criminal Record Certificate of a Foreigner – How to Prove It?
QUESTION
I would like to ask you about the criminal record extract from the country where the applicant for temporary residence in the SR has worked for the last 3 years, which we must submit to the foreign police.
Is it possible to replace the criminal record extract with an affidavit if they do not issue such a document in the country where he worked? This concerns, for example, Saudi Arabia or other countries in the Middle East.
ANSWER:
According to Act No. 404/2011 Coll. on the Residence of Foreigners: “A third-country national demonstrates integrity by an extract from the criminal register of the state of which they are a national, and of the state in which the third-country national has resided for more than 90 days during six consecutive months within the last three years. A third-country national applying for temporary residence under Section 26 demonstrates integrity by an extract from the criminal register of the state where they have had their longest residence in the last ten years. If the state does not issue a criminal register extract as per the first or second sentence, it may be replaced by an equivalent document issued by a competent judicial or administrative authority of the country of origin, or it may be replaced by an affidavit executed by the third-country national before a competent judicial or administrative authority, or a notary of the country from which they are demonstrating integrity. The document of integrity must certify integrity throughout the entire territory of the state that issued the document; otherwise, the police department shall not accept such a document. In justified cases, the police department may, with the prior consent of the Ministry of Interior, accept a document of integrity that does not certify integrity throughout the entire territory of the state.”
Saudi Arabia, which you mentioned, does issue criminal record extracts.
JUDr. Veronika Michalíková, MBA