On 1 January 2026, an amendment to the Asylum and Migration Act will come into force, bringing significant changes to the lives of foreigners, employers and Czech authorities. The Czech Republic is responding to the requirements of the European Union and its own experience with the overuse of the asylum system. What exactly is changing, what is the reason for these changes and what impacts will be felt by different groups of the population?
The amendment to the migration legislation introduces a number of measures whose common goal is to reduce abuse of the asylum system and increase control over the stay of foreigners in the Czech Republic. The main change is that a foreigner who commits a serious offence or is in administrative expulsion proceedings will no longer be able to apply for asylum simply to delay his or her departure from the country. This closes a previous loophole in the law that allowed repeatedly blocking deportation by submitting a new application.
Another significant innovation is the restriction of asylum seekers’ access to the labour market and social benefits. Until now, some foreigners have been able to work legally or receive benefits after a certain period of time. This access will now be tightened, which the government says is intended to reduce the attractiveness of the Czech Republic as a destination for economic migrants who apply for asylum not out of fear for their lives, but for work or social benefits.
Asylum seekers may also be obliged to stay in designated migrant facilities, which will severely restrict their freedom of movement. It will also be possible to use a mobile phone to verify identity and movement, a move that raises questions about privacy.
The amendment obliges courts to always consider the deportation penalty for a foreigner convicted of a criminal offence. In practice, this means that even minor crimes can lead to the termination of residence in the Czech Republic. Refugees from Ukraine will be refused temporary protection if they have already received it in another EU country. Finally, the amendment implements measures based on the new EU Migration Pact, which unifies rules across Member States.
If the changes affect you, whether you are a foreigner, an employer or a non-profit organisation, we are here for you. Find out how to prepare for the new conditions.
There are several reasons for tightening migration policy. The first is the overuse of the asylum system. In the past, it has repeatedly happened that foreigners who were in deportation proceedings have applied for asylum just to extend their stay. Even though their claims had no real basis, the process gained months, sometimes years. This burdened the administrative apparatus, prolonged deportation proceedings and undermined confidence in the asylum system.
Another factor is the pressure from the European Union and the adoption of the Migration Pact, which requires all Member States to harmonise the rules for the reception of asylum seekers, their registration and possible expulsion. The Czech Republic must adapt or risk not only legal disputes but also financial sanctions.
The political context is also important. Migration has become a highly sensitive issue in Europe. The government is trying to show that it can protect citizens’ security, curb illegal migration and prevent abuse of social systems.
On the other hand, critics warn that the amendment may lead to violations of fundamentalrights. The obligation to stay in a facility or to be monitored via a mobile phone may conflict with the right to privacy and freedom of movement. Also, the mandatory consideration of deportation sentences for every convicted foreigner may lead to disproportionate punishments and integration problems.
International law imposes the following obligations on the Czech Republic: to protect refugees from being returned to a country where they are in danger (the principle of non-refoulement), to ensure access to legal aid and a fair trial. The question is whether the amendment can strike a balance between these obligations and national security objectives.
For asylum seekers, the situation changes significantly. Limited access to the labour market means that most will not be able to earn legally. This can lead to financial dependence on the state or charity and, in extreme cases, to illegal forms of employment. Limited access to benefits in turn increases the risk of social exclusion.
Another new feature is the obligation to stay in designated facilities. This will restrict the possibility of living independently, finding one’s own housing or establishing working relationships. Such a regime is akin to detention, although it is not legally considered as imprisonment.
The possibility of using a mobile phone to verify movements is controversial. On the one hand, it can speed up and simplify identification, but on the other hand it raises questions of privacy and personal data protection.
Companies that have so far counted on asylum seekers as part of their workforce will have to reorient themselves. For businesses in sectors with a shortage of workers (such as construction, catering or agriculture), this may mean complications. They will have to rely more on foreigners with traditional work visas or legally settled foreigners with permanent residence.
The amendment strengthens the powers of the state, but also places greater demands on it. It will be necessary to ensure sufficient capacity in facilities for migrants and to prepare technological systems for mobile phone control. This requires financial investment and a good legal framework to avoid litigation.
Organisations assisting migrants will face a more complex situation. Asylum seekers will have fewer opportunities to integrate into society and their dependence on assistance may increase. NGOs will have to find new ways to provide support.
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The tightening of the rules brings with it a number of controversial issues. The first concerns the protection of fundamental rights and freedoms. Compulsory detention may be seen as a disproportionate restriction on personal liberty, especially if it applies to applicants who do not pose a security threat.
There is also the question of the use of mobile phones for monitoring. How will the data be stored? Who will have access to it? And will this not contravene the data protection rules under the GDPR?
Efficiency is also an issue. While stricter rules may deter some applicants, they may also lead to longer litigation and a heavier burden on the courts. For example, the obligation for courts to always assess the deportation sentence of convicted foreigners may lead to an increase in appeals and cassation appeals.
The capacity issue is not negligible. The State will have to ensure that there are sufficient places in detention or residential facilities. If there is no capacity, the amendment may run into practical impracticability.
Finally, there is the international dimension. Criticism from human rights organisations, international institutions or even the EU itself may lead to legal challenges. This could put the Czech Republic in a difficult situation where it would have to defend its practice in European courts.
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Inspiration from Europe shows that each country takes a different approach. Poland and Hungary have adopted very restrictive policies where asylum seekers often have to stay in detention facilities and have limited access to job opportunities. This model is now partly similar to the Czech proposal.
In contrast, Germany or Austria allow asylum seekers to enter the labour market after a certain period of time in order to reduce their dependence on state support and facilitate integration. These countries argue that labour involvement helps both migrants and the host society.
Differences in practice show that harmonising rules within the EU is a complex process. The Czech Republic is now taking the path of tightening, but there may be pressure for a more balanced approach in the future.
The amendment of migration policy from 2026 therefore represents a major shift towards stricter rules. It will bring more obligations for foreigners, new responsibilities for the courts and greater demands on the state. Although it aims to prevent abuse of the asylum system, the question is whether it will cause more problems than benefits in practice.
From 1 January 2026, an amendment to the Asylum and Migration Act will come into force in the Czech Republic, which will tighten conditions for foreigners and asylum seekers, while strengthening the powers of the state. It will no longer be possible to apply for asylum solely to delay deportation, applicants will have limited access to the labour market and social benefits, and may be required to stay in designated facilities, while mobile phones can be used to verify their identity and movements. Courts will always have to consider the possibility of expulsion for convicted foreigners and temporary protection will not be granted to Ukrainians who have already obtained it in another EU country. The amendment is based on the requirements of the EU Migration Pact and responds to the long-standing abuse of the asylum system and political pressure to curb irregular migration. Critics point to the risk of violations of fundamental rights and freedoms, overloading of courts and lack of capacity in detention facilities. The changes will affect not only foreigners, but also employers, NGOs and the state administration, which will have to provide technical and personnel support. Thus, the Czech Republic is taking a more restrictive path, similar to Poland or Hungary, while other EU countries, such as Germany or Austria, are encouraging the labour involvement of asylum seekers. The amendment is intended to reduce abuse of the system, but it is uncertain whether it will not cause more problems than benefits in practice.
No. Temporary protection will now be refused if it has already been granted elsewhere in the EU.
Opportunities will be significantly limited, we recommend relying on a work visa.
If a foreigner commits a criminal offence, the court is obliged to decide whether to deport them – even for less serious offences.
Authorities can use the mobile phone to verify identity or movement, which raises privacy issues.
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