Immigration law

Simplifications in the act on foreigners

In the fourth quarter of 2020, the Council of Ministers plans to adopt a draft act amending the Act on foreigners of 12 December 2013 on foreigners (Journal of Laws of 2020, item 35) and some other acts, prepared by the Ministry of Interior and Administration (project no.: UD138 ).

The aim of the legislator is to streamline the procedures for granting foreigners temporary residence permits in the territory of the Republic of Poland.

The most important changes include:

a) resignation from the requirement of having a secured place of residence and the requirement to have a stable and regular source of income for granting a temporary residence and work permit for the benefit of the remuneration requirement not lower than specified in the new regulation issued by the minister responsible for internal affairs in consultation with the minister responsible for affairs work,

b) introducing a new procedure for changing a temporary residence and work permit in the event of a change of the entity entrusting work performance or under the conditions of exemption from the obligation to have a work permit,

c) extending the catalog of circumstances that do not require changing the temporary residence and work permit,

d) introduction of a solution facilitating the obtaining of a temporary residence and work permit by foreigners who intend to work in entities of particular strategic importance for the Polish economy;

e) introducing changes to declarations on entrusting work to a foreigner and procedures for issuing a seasonal work permit, as well as the necessary supplement to some provisions on entrusting work to foreigners,

f) facilitating obtaining a work permit by foreigners intending to work in entities of particular strategic importance for the Polish economy.

One of the objectives of the proposed changes is to improve and supplement certain provisions relating to the implementation of Directive 2014/66 / EU and to implement the judgments of the Court of Justice of the EU in cases C-550/16 and C-133/19, C-136/19 and C-137/19.

Author team leader DKP Legal Michał Puk
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