Amendment to regulations governing employment and residence of foreigners in Poland
On 4 January 2022, the President signed an act amending the Foreigners Act and some other acts (hereinafter: the Act). The Act is primarily intended to facilitate proceedings for granting temporary residence permits to foreigners in Poland, in particular combined temporary residence and work permits. Additionally, it is intended to improve certain legal solutions currently in force, concerning access to the job market by foreigners. The new regulations take effect on 29 January 2022
Ending prolonged procedures
The Act provides for a special procedure to grant a temporary residence and work permit in cases opened before 1 January 2021 which remain unprocessed on the effective date of the Act due to difficulties in the operation of the public administration caused by COVID. As a result of the simplification, temporary residence and work permits will be issued irrespective of the current circumstances of the case, unless there is an unconditional basis for refusal to grant them (e.g. the foreigner is recorded on the Register of Undesirable Persons). This solution is to make it easier for the officials to end proceedings that have been taking months now, and to issue permits to foreigners who have been waiting for them for over a year.
New conditions for granting a temporary residence and work permit
So far, when filing an application for a temporary residence and work permit, foreigners had to enclose, without limitation, documents confirming their place of residence in Poland and the source of income. Under the Act, these requirements will be replaced by the requirement to get remuneration not lower than the minimum wages, regardless of the working time and type of legal relationship underlying the provision of work by the foreigner.
Applications for a temporary residence and work permit and a permit to work for entrepreneurs strategic for the economy will be processed on a priority basis.
In the first place, local governors will process applications for permits to foreigners who are to perform work for entrepreneurs operating a business of strategic importance for the national economy. The list of such entrepreneurs will be compiled by the minister in charge of economy. To date it is unknown when the regulation governing this matter will be published and how the list of enterprises will be compiled.
No need to change the work and temporary residence permit
It will be possible to change the foreigner’s job title/position (while the scope of his/her duties remains unchanged) or to increase the working time (subject to simultaneous proportional salary increase) with no need to change the permit.
Simplification of the procedure for changing a temporary residence and work permit
The amended regulations simplify the procedure for a change of the permit in case the entity which contracts work is changed. At the request of a foreigner, the permit can be changed at any time by the local governor.
Extension of the period for which the work is contracted without a permit for citizens of selected countries
Changes concerning statements of contracting/entrusting work to foreigners include:
- extension to 24 months of the possibility to entrust work without a work permit based on a statement of entrusting work to a foreigner and
- cancellation of the 12-month account period, which means that foreigners can work continuously for 24 months based on a statement or statements.
Consequently, the citizens of Armenia, Belarus, Georgia, Moldova, Russia and the Ukraine can work in Poland based on said statement for maximum 24 months rather than (as was the case so far) for 6 months over the successive 12 months.
Temporary residence permit with no obligation to appear
Proceedings for award of temporary residence permits for family members will be opened also in a situation where, on the date of filing the request, the foreigners stay outside of Poland. In this situation it will no longer be necessary for foreigners to appear in person and have their fingerprints taken.
Time frames for issuance of the temporary residence permit
The decisions regarding the temporary residence permit will be issued in the 1st instance within 60 days. The appeal procedure is to end within 90 days.
Exchange of information using means of electronic communication and electronic delivery
Means of electronic communication may be used for the exchange information between the local governor or the head of the Foreigners Office and the competent services and bodies which provide information about potential threats to the state defense or security or to protection of security and public order connected with entry of a foreigner to Poland and his/her stay in Poland. This should considerably accelerate the exchange of information. Moreover, the amendment provides that foreigners can be served the notes on their rights and obligations and the proceedings electronically, to the email address they indicate, in the language which they understand.
Hopefully, the changes will actually speed up the processing of said matters. Should you have any questions or doubts in this respect, please contact our experts: Magdalena Patryas, Adriana Wydziałkiewicz (Katowice) or Katarzyna Komulainen, Marek Gadacz (Warsaw).
KONTAKT
E: magdalena.patryas@pl.Andersen.com
T: +48 32 731 68 84
M: +48 502 392 419
E: katarzyna.komulainen@pl.Andersen.com
T: +48 22 690 08 77
M: +48 606 760 836
E: adriana.wydzialkiewicz@pl.Andersen.com
T: +48 32 731 68 50
