Lifting of the state of epidemic threat – what should Polish employers remember about?

In accordance with the Regulation of the Minister of Health of June 14, 2023 on the cancellation of the state of epidemic emergency in the territory of the Republic of Poland, this state was lifted on July 1, 2023.

In connection with the above, special solutions for foreigners resulting from the Act on special solutions related to the prevention, counteraction and combating of COVID-19, other infectious diseases and crisis situations caused by them, adopted on March 2, 2020 (the so-called Covid Act), in order to legalize stay and work in the territory of the Republic of Poland during the epidemic will not be applied from August 1, 2023.

Special solutions for foreigners

We would like to remind you that special solutions for foreigners introduced by the Covid Act included, among others:

1. extension by law of the deadlines for submitting an application for a visa extension and granting a residence permit (temporary, permanent or long-term EU resident’s stay), which fell out during the state of epidemic emergency or state of epidemic, until the end of the 30th day following the date of cancellation of these states, and at the same time – extending the legality of foreigners’ stay during this period,
2. extension by law of the legality of stay in Poland on the basis of a Schengen visa, a long-term visa issued by another Schengen country or in visa-free travel during the state of epidemic threat or state of epidemic, until the end of the 30th day following the date of cancellation of these states,
3. extension by law of the validity periods of national visas and temporary residence permits, the validity of which expired during the state of epidemic emergency or state of epidemic, until the end of the 30th day following the date of cancellation of these states,
4. extension by law of validity of residence cards whose validity expired during the state of epidemic emergency or state of epidemic, until the end of the 30th day following the date of cancellation of these states,
5. extension by law of the validity of work permits, seasonal work permits, declarations of entrusting work the validity of which expired during the state of epidemic threat or state of epidemic, until the end of the 30th day following the date of cancellation of these states.

Effects of lifting the state of epidemic threat

Therefore, after 30 days from the cancellation of the state of epidemic emergency – from August 1, 2023 – the above-described solutions will cease to exist. Foreigners who:

• stayed on the territory of the Republic of Poland on the basis of an extended visa or residence permit – lose the right to further legal stay on the territory of the Republic of Poland, unless they have obtained a new visa, residence permit or another title of stay,
• performed work in the territory of the Republic of Poland on the basis of extended work permits or declarations of entrusting work – lose the right to continue to work in the territory of the Republic of Poland, unless their employers have obtained new documents entitling them to further employment of these foreigners.

The above does not apply to foreigners whose stay or work in the territory of the Republic of Poland has been recognized as legal on the basis of separate provisions of law, e.g. Ukrainian citizens covered by the Special Act on assistance to Ukrainian citizens in connection with the armed conflict in the territory of this country of March 12, 2022.

Control of the legality of stay and work by the employer

In connection with the above, Polish employers entrusting work to foreigners in the territory of Poland should, by August 1, 2023, conduct a detailed analysis of documents confirming the legality of their employees’ work and apply in advance for new work permits or register statements on entrusting work to foreigners.

In addition, it should be remembered that the employer is also obliged to control the legality of the stay of its foreign employees on the territory of Poland and keep relevant documents for the entire duration of their validity. A foreigner’s work cannot be legal if stay in Poland is illegal, regardless of whether the employer has valid documents entitling such a foreigner to perform work.

Therefore, if it is determined, in the course of the analysis carried out by the employer before August 1, 2023, that a foreigner is staying in Poland on the basis of residence permits or visas extended under the provisions of the Covid Act, the employee should be immediately informed about the obligation to obtain a new visa or submit an application for a residence permit, thanks to which it will be possible for the employee to stay in Poland and perform work.

Our lawyers specializing in Polish immigration law will help to complete all formalities related to the employment of foreign workers and the legalization of stay or work in Poland.

Please contact us: [email protected]