Immigration law

Draft amendments to the act on foreigners adopted by the Council of Ministers

The changes are to introduce a number of facilitations related to the granting of uniform permits for temporary residence and work, extend the permitted period of employment without a permit for citizens of countries to which the so-called labor market test does not apply and simplify the procedures for obtaining a permit by foreigners intending to work in entities of particular strategic importance for the Polish economy.

The project by the Ministry of the Interior and Administration was adopted at the meeting of the Council of Ministers on October 19, 2021. It is to respond to the demands made by both employers and employees from abroad to simplify the procedures for legalizing the stay of foreigners in Poland, including those related to the granting of combined temporary residence and work permits, which, according to government information, are among the most frequently granted. The most important changes in the project include resignation from the requirement for the foreigner to have a secure place of residence and the requirement to have a stable and regular source of income – instead, the project initiator introduces a requirement for the foreigner to receive monthly remuneration in the amount not lower than the minimum remuneration for work.

Moreover, changes were planned in the procedure for employing citizens of Armenia, Belarus, Georgia, Moldova, Russia or Ukraine. This is to take place, as before, on the basis of a declaration of entrusting work to a foreigner, but the permitted period of employment indicated in the declaration is to be extended to 24 months, which should be considered a very important change.

The draft also extended the catalog of circumstances that do not require changing the temporary residence and work permit. The announcement published on government websites also shows that the new rules will apply to proceedings initiated before January 1, 2021, but not completed at the time the planned act enters into force.

Author team leader DKP Legal Magdalena Napierała
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