Czech immigration law is facing the most significant systemic change in the last two decades. With the growing number of foreign nationals, the number of applications for residence permits has logically also increased and continues to rise (the number of applications doubled between 2015 and 2021). A dramatic increase then followed the activation of temporary protection after 2022, as a result of which the total number of applications further rose significantly to the current nearly 634 thousand per year (you can read more about temporary protection, its current legal framework and applicable conditions in our previous article here).
The draft of the new Act on the Entry and Residence of Foreign Nationals (Act on Foreign Nationals, hereinafter the “Draft”) reintroduced into the legislative process was originally prepared in 2023 with the aim of replacing the structurally overburdened Act No. 326/1999 Coll. This is not another amendment but a continuation of the existing legal framework with an emphasis on digitalisation, security and, in particular, a managed model of economic migration. The intention of the Draft is neither to create a single statute for all (im)migration regimes nor to divide the current scope of regulation of the Act on the Residence of Foreign Nationals into several statutes (as was the case, for example, in the draft prepared in 2013). The new Act should, in terms of scope, build on the current Act and, alongside it, the existing Acts on asylum, temporary protection and the protection of state borders should continue to apply. However, if the Draft in its current wording successfully passes the legislative process, the proposed changes would also significantly affect the agenda of employment of foreign nationals and would not represent “only” technical amendments to the legal framework.
In the following article, we summarise for you the structural and organisational changes and new legal institutes introduced by the Draft, as well as the expected practical impacts, in particular in the Draft-announced areas of digitalisation of residence proceedings, registration of EU citizens, the institute of “guarantors” and their liability, and changes in the quota system for selected types of residence permits.
Digitalisation of residence proceedings: ICAS and the Foreign National Account
The fundamental cornerstone of the Draft is the transition to fully digitalised residence proceedings. The entire system is designed around the new Integrated Immigration Agenda System (ICAS), which is intended to unify records, communication and decision-making processes. The administration and operation of the system will fall under the competence of the Ministry of Internal Affairs, which is responsible for the residence agenda (as opposed to the current situation, where the administrator and operator of the Foreigners Information System is the Police of the Czech Republic and the Ministry of Internal Affairs acts only as a data provider). The new system will also assume the role of an agenda system vis-à-vis the basic registers (for foreign nationals with authorised residence exceeding 90 days).
Each foreign national will have their own electronic account, which will become the main interface and the primary means of communication between the foreign national and the public administration, including the submission of residence applications themselves. Together with the introduction of the Foreign National Account, the use of electronic forms will newly become mandatory (fully replacing all paper submissions), and the foreign national will be automatically informed through it about the progress and current status of the proceedings.
The Foreign National Account may also be established by other entities — authorised representatives or entities certifying the foreign national’s purpose of residence, so-called guarantors, who will be able, through it, not only to submit filings or fulfil their statutory information obligations but also to obtain information about the proceedings to the extent of their legitimate interest. Foreign National Accounts will be established for administrative authorities and foreign nationals from 1 January 2029.
Mandatory registration of EU citizens
EU legislation allows Member States to introduce a registration obligation for citizens of other Member States intending to reside in their territory for more than 90 days. The Czech Republic introduced the relevant registration process but not as a mandatory one. Currently, EU citizens only have the option to register and obtain a “certificate of temporary residence”, while those who do not do so voluntarily do not hold any document issued by the Ministry of Internal Affairs confirming their link to the territory of the Czech Republic and are therefore not recorded in the Basic Register of Population (ROB), as is the case for third-country nationals residing in the territory of the Czech Republic for more than 90 days. With reference to complications arising from this absence of data,[1] the Draft introduces a new registration obligation for EU citizens.
Compared to the previous regulation, the Draft provides that the permanent residence card will be issued by the Ministry of Internal Affairs to an EU citizen who has resided continuously in the territory of the Czech Republic for at least 5 years, upon application, only on the basis of registration for permanent residence. As regards other application requirements and conditions for granting (e.g. shorter periods of residence, employment in the Czech Republic, etc.), the Draft does not introduce substantial changes at this stage.
Thanks to mandatory registration, the population register should provide public authorities with a unified and up-to-date overview of all persons present in the territory of the state, including EU citizens, thereby facilitating identification, prevention and the resolution of crisis situations. At the same time, the Draft envisages enhanced security through ensuring high-quality records of unlawful conduct within the central register of misdemeanours. This will improve oversight possibilities, coordination among public authorities and the protection of public order. Newly (and generally obligatorily) registered EU citizens should also benefit from improved access to services (including digital services) that are conditional upon identity verification in the population register.
The effectiveness of the mandatory registration is set for 1 year after the general effectiveness of the new Act, i.e. from 1 January 2030. For EU citizens already residing in the territory, a 2-year period is planned to fulfil the registration obligation (i.e. until the end of 2031).
New institute of guarantors and their obligations
A problematic area of the migration process in general is the low level of responsibility of entities that directly benefit from the presence of foreign nationals in the territory of the Czech Republic while at the same time guaranteeing the purpose of their residence (in particular employers, educational institutions or other organisations). Although they provide key supporting documents for residence applications, they are not parties to administrative proceedings and therefore often lack information about their progress and outcome. The objective of the Draft is, through the institute of the so-called guarantor, to enable greater involvement and simultaneously strengthen the responsibility of entities interested in the arrival and residence of a foreign national in the Czech Republic and actively participating in the process of legal migration. This is achieved by allowing access to relevant information on the progress and outcome of proceedings concerning foreign nationals whose purpose of residence they enable (for example via the Foreign National Account as mentioned above) and by their more intensive involvement in submitting the necessary documents, which should also accelerate the processing of residence applications.
Guarantor
A guarantor is a person enabling a third-country national to fulfil the purpose of their residence in the territory of the Czech Republic. The Draft distinguishes between a “guarantor” and a “registered guarantor”. A registered guarantor is one who establishes a Foreign National Account in ICAS and communicates with the administrative authority electronically. A registered guarantor has access to basic information about the progress and outcome of proceedings concerning the foreign national whose purpose of residence they secure. In certain cases (particularly seasonal employment and extraordinary work visas), the registered form will be mandatory.
A guarantor may be a natural or legal person that genuinely enables the foreign national to fulfil the purpose of residence. The Draft also works with the categories of a future guarantor and a previous guarantor to address situations involving a change in the purpose of residence or a change of the guarantor itself.
The institute of the guarantor applies only to selected types of long-term visas and long-term residence permits for which the Act explicitly provides that they are linked to a specific person enabling the fulfilment of the purpose of residence. It does not apply to permanent residence or residence of EU citizens and their family members.
Registered guarantor
A key instrument of the new system is the confirmation of a registered guarantor. This is an electronic form issued via ICAS through which the registered guarantor certifies compliance with statutory conditions for the purpose of residence. The confirmation replaces standard supporting documents attached to the application and is intended to speed up and simplify proceedings. If the guarantor does not become a registered guarantor, the foreign national proves the purpose of residence in the standard manner by submitting the relevant documents. The use of the confirmation is therefore generally voluntary, with statutory exceptions.
A registered guarantor has the right to information about the status of proceedings and facts relevant to the performance of their role. This is linked to a notification obligation, in particular reporting termination or non-commencement of the fulfilment of the purpose of residence. The aim is to prevent situations where a foreign national unlawfully derives rights linked to the declared purpose of residence. In some cases, the notification obligation is deemed fulfilled through other statutory reporting obligations towards public administration.
A foreign national must have a guarantor throughout the entire period of residence. If they remain without a guarantor for more than 60 days, this may lead to the cancellation or non-extension of the residence. The Draft also provides for a protective period in cases where the loss of a guarantor occurs for reasons beyond the foreign national’s control (e.g. sanctions imposed on the guarantor).
Quotas and cancellation of residence
The Draft preserves and at the same time expands the system of governmental quotas and strengthens its practical significance. Quotas for selected types of residence permits (within short-term and long-term visas) will be directly linked to the submission of applications through the Foreign National Account so that, once exhausted, it will not be possible to submit an application at all. At the same time, the “non-quota nature” of certain residence permits deriving from relevant EU legislation (primarily directives) will remain preserved.
For so-called preferred quotas, the quota may be set with a sufficient reserve or continuously increased by the government. Conversely, for less preferred educational and other purposes, the quota may function as a “cap”. If, for example, there is an intention to prioritise highly qualified labour, government regulations may set a high quota for EU Blue Cards and intra-corporate transferee cards that cannot be filled within a given period, or the quota may be explicitly set by the government as unlimited. Conversely, for low-qualified labour (e.g. employee cards), the quota may be low or zero.
At the same time, special governmental programmes aimed at priority groups of workers, particularly highly qualified migration, remain in place, such as the Highly Qualified Employee Programme, the Qualified Employee Programme, the Key and Scientific Personnel Programme or the Digital Nomad Programme.
Conclusion
The proposed Act introduces several fundamental innovations: fully digitalised residence proceedings through the ICAS system, mandatory registration of EU citizens, a new institute of the guarantor with clearly defined liability of employers, and a direct link between quotas and the possibility to submit residence applications. The common denominator of these changes is an effort to achieve greater controllability, predictability and acceleration of migration processes.
For employers, however, this entails a considerable number of new obligations and administrative tasks that will need to be monitored. It will be necessary to actively work with Foreign National Accounts, monitor the linkage between residence authorisations and employment relationships, and establish clear internal processes and approaches to newly established information systems. Moreover, the institute of the guarantor transfers part of the responsibility for the legality of residence directly onto the entity enabling the foreign national to work — which is often the employer. Although the Act is still in the early stages of the legislative process, it can be expected that it will not change substantially and will be adopted during this year. In its current wording, the effectiveness of the main changes is planned over the course of several years; nevertheless, employers employing foreign workers on a larger scale should begin preparations in a timely manner.
The new system brings more obligations but also greater stability and predictability. For prepared employers, it may result in more efficient recruitment and less uncertainty in the area of labour migration.
[1] Primarily in the context of financing and planning of self-governing territorial units; see the explanatory memorandum to the Draft, available at the link here.
Ráchel Kouklíková, legal assistant – kouklikova@plegal.cz
Mgr. Jakub Málek, managing partner – malek@plegal.cz
5. 3. 2026