On 1 January 2026, a key amendment to Act No. 326/1999 Coll., on the Residence of Foreign Nationals in the Czech Republic, will enter into force, accompanied by an extensive amendment to Act No. 325/1999 Coll., on Asylum. Both changes respond to the need to strengthen control over the stay of foreigners, to streamline the procedure for international protection and to enable faster provision of the return of persons who have no legitimate reason to stay in the territory of the Czech Republic.
The Ministry of the Interior can currently revoke the validity of a foreigner’s residence permit for other reasons, e.g.:
One of the new measures is the possibility for administrative authorities to initiate proceedings to revoke the residence permit of a foreigner if the foreigner commits three offences in a period of 12 consecutive months, which is kept in the central register of offences under Act No. 250/2016 Coll., on Liability for Offences and Procedure thereon.
This mechanism targets the recurrent misdemeanor conduct of foreigners who disturb public order or property and civil coexistence.
It is important to emphasize that only final decisions on offences of a more serious nature – especially against public order, civil coexistence and property – are entered in the central register of offences. Furthermore, offences under other laws may be registered (e.g. protection against alcoholism, agriculture, hunting, defence of the Czech Republic). On the other hand, regional or special registers, such as the register of drivers against traffic offences, do not belong to this register and are therefore not relevant for the purposes of this new legislation.
This amendment represents a new tool that complements the existing possibilities of terminating residence – in addition to crime or security risks, administrative authorities will also take into account systematic misdemeanour behaviour by foreigners.
These changes then directly affect the residence regime of foreigners: stricter asylum criteria are reflected in the expectations of administrative authorities and the assessment of the stability of the stay of foreigners in the territory of the Czech Republic.
The effectiveness of the amendment represents an important step towards more effective migration management and strengthening administrative supervision of the residence of foreigners. The introduction of the institute of three repeated offences as a possible reason for cancelling residence has the potential to increase the motivation of foreigners to comply with legal regulations and to support public confidence in the real application of legal regulations.
At the same time, however, it is necessary to monitor how the change will be implemented in practice – it will be crucial whether the administrative authorities apply the new reason with regard to the principle of proportionality, i.e. they take into account the specific circumstances of each case (e.g. the nature of the offences, the length of stay, the family situation or the impact of the cancellation of residence on the foreigner).
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