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Amendment of the provisions on employment and stay of foreigners in Poland 2022

  • Daria Zawadzka
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Amendment of the provisions on employment and stay of foreigners in Poland 2022

On January 4, 2022, the President signed the Act of December 17, 2021 amending the Act on foreigners and certain other acts. On January 29, 2022, the Act of December 17, 2021 Amending the Act on Foreigners and Certain Other Acts (Journal of Laws of 2022, item 91) will enter into force. It introduces a number of significant changes to the rules governing the legalization of foreigners’ stay on the territory of Poland, with particular emphasis on people performing work.

New rules for obtaining work and residence permits for foreigners
Temporary residence and work permits on the territory of Poland are the most frequently granted type of permits issued to foreigners. For several years, a growing number of third-country nationals wishing to work in our country can be observed. Therefore, it was necessary to introduce provisions authorizing the hitherto existing processes. What does the amendment introduce?

Less formalities in issuing temporary residence permits
When starting the process of obtaining a temporary residence and work permit, foreigners will no longer have to prove that they have a secure place of residence and have a source of stable and regular income sufficient to cover the costs of living for themselves and their family members.

These criteria have been replaced with the requirement that the foreigner receives a salary not lower than the minimum – regardless of the working time and the type of legal relationship that is the basis for the performance of work.

Electronic documentation
After the Act enters into force, instructions on their rights and obligations and the procedure to be followed may be sent to foreigners in electronic form to an e-mail address in a language they understand.

In the event of a change of the entity entrusting work or a change in working conditions at the request of the foreigner, the temporary residence and work permit may be changed at any time by the voivode competent for the foreigner’s current place of residence.

Processing priority
It is also important that the priority in considering by the voivode of applications for a work permit will be granted to foreigners who are to work for entrepreneurs running activities of strategic importance for the national economy. Entrepreneurs on the list published by the minister responsible for economy will be able to count on priority handling of the matter.

Timeframe for examining the application
The legislator specified the officials a 60-day period for settling the administrative matter concerning granting a foreigner a temporary residence permit in the first instance, and a 90-day period for the case to be examined by the appeal body.

A longer period of work on the basis of a declaration of entrusting work
Citizens of Armenia, Belarus, Georgia, Moldova, Russia and Ukraine will be able to work for 24 months on the basis of one declaration (currently this period was only 6 months). It will make it easier for foreigners

Unfortunately, the act does not introduce changes in the employment of foreigners on the basis of work permits. The procedure is still long and complicated

The above provisions certainly improve the current provisions. However, will the procedures be improved thanks to these provisions – time will tell. We are waiting for a positive impact of the coming into force regulations that are to facilitate the legalization of stay and employment of foreigners in Poland.

Author: Daria Zawadzka

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