Immigration law /

Student and work visas to Poland – new requirements! 

Due to problems with the regulation of migration policy, the legislature has announced changes to the visa regulations. The draft is scheduled to be adopted in the fourth quarter of this year, so it is worthwhile to familiarize yourself with it.

Why are 1/3 of visa applications rejected?

The need for the new regulation is conditioned by the occurrence of a high-profile ‘visa scandal’ in Poland in 2023. Due to the additional verification criteria introduced by the Ministry of Foreign Affairs, the number of student visa refusals at consulates has increased significantly.

Currently, more than one third of applications end in refusal, especially for citizens of Yemen, Bangladesh or Pakistan. On the other hand, applications from Ukrainians or Belarusiansare considered positively.

The Ministry of Foreign Affairs emphasizes that the entire process of verifying a foreigner should take place before his/her arrival in Poland – as is the case in Lithuania.

New visa requirements for students

The Ministry of Foreign Affairs has noted that, among other things, student visas are abused in Poland. Universities often recruit students from countries with a high risk of migration, without even adequate knowledge of the language of instruction. Some of them do not come to study, but to get a job or to emigrate further to other Schengen countries. This is because these visas provide access to Poland’s labor market.  One of the new requirements for obtaining a student visa will be knowledge of the language of instruction at a level of at least B2.

Therefore, the government is planning to tighten the requirements for the granting of visas. First of all, knowledge of the language of instruction at a level of at least B2 will be mandatory.

In addition, proof (if required) of having passed an entrance exam or an interview will have to be presented before a consul. Proof of relevant qualifications or knowledge for the studies in question will also be required.

Moreover, staff from the Ministry of Labour and Social Policy indicate that a provision of the Regulation of the Minister of Labour and Social Policy of 21 April 2015 will be abolished. The provision allows full-time students to work in the territory of Poland without a permit.

Higher financial penalties for illegal work – not only for the employer!

The new regulations also concern the issuing of work visas. A consul will be able to refuse a work visa if there is a suspicion that the purpose of the foreigner’s stay is ostensible. There are also plans to implement a system to verify the credibility of employers.

A fine from PLN 500 to PLN 30,000 for the employer and a minimum PLN 500 for the employee for illegal employment of foreigners.

In the case of illegal entrustment of work, the legislator has provided for stricter sanctions. Employers will face a fine from PLN 500 to PLN 30,000. Additionally, illegally employed workers may be fined – the minimum fine will be PLN 500. The bill also envisages penalties for persons acting as intermediaries in illegal employment.

If you have questions about the new visa procedures, please contact us. We will be happy to support you in matters related to obtaining a visa to Poland and the procedure for legal employment of foreigners.

Author team leader DKP Legal Piotr Gozdowski
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