Residence permit and fraudulent conduct

Based on § 77 para. b) of the Act No. 326/1999 Coll., on the Residence of Aliens “The Ministry shall revoke the residence permit if… (b) the foreigner has been granted permanent residence on the basis of the counterfeit and / or altered information based on which the application subsequently does not correspond to reality…”.

Recently, the Supreme Administrative Court has also interpreted this provision, confirming in its judgment that revocation of the residence permit under that provision is only possible if the fraud aspect is also present. However, this requirement of ‘fraudulent conduct’ does not necessarily mean that the crime of ‘fraud’ meeting the characteristics contained in the Criminal Code has been committed in obtaining permanent residence.

For example, fraudulent conduct may also be the presentation of a certificate of knowledge of the Czech language for the purpose of obtaining a permanent residence permit, which proves the successful passing of the examination, even though the examination was not passed and the foreigner had to be aware that he failed.