Polish government adopted a draft amendment on foreigners to improve the legalization of stay

20 October 2021

The Polish government has adopted a draft amendment to the act on foreigners and certain other acts, which provides for the streamlining of administrative proceedings in cases concerning the legalization of foreigners’ stay in Poland and combining residence and work permits, the Government Information Center (CIR) has informed.

The government wants to streamline administrative proceedings when it comes to legalizing the stay of foreigners in Poland, especially in the case of combined residence and work permits, which are the most common type of temporary residence permits, according to the annoucement.

The most important solutions proposed in the project.

Introducing simplifications regarding the granting of temporary residence and work permits to foreigners through:
– resignation from the requirement to have a secured place of residence and the requirement to have a source of stable and regular income for granting a temporary residence and work permit – in favor of the requirement that the foreigner receives remuneration not lower than the minimum remuneration for work, regardless of the working time and type of legal relationship constituting the basis for the performance work by a foreigner;
– introducing a new mode of changing the 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;
– extending the catalog of circumstances that do not require changing the temporary residence and work permit;
– introducing a solution that accelerates the obtaining of a temporary residence and work permit by foreigners who intend to work in entities of special strategic importance for the Polish economy.
– Introducing solutions regarding the reference of remuneration as a requirement for granting a temporary residence permit in order to perform work in a profession requiring high qualifications for the average salary in the year preceding the submission of the application for this permit, and not in the year preceding the conclusion of the contract for the performance of work.
– introducing changes in the procedures for issuing a seasonal work permit and declarations on entrusting work to a foreigner by extending the period of admissible work to 24 months.
– the possibility of accelerating a work permit for foreigners intending to perform work in entities of particular strategic importance for the Polish economy (these entities will be specified by the minister responsible for economy).
– facilitating the submission of applications for the Pole’s Card.
– introduction of a temporary regulation, assuming a simplified procedure for granting a temporary residence and work permit with regard to proceedings initiated before January 1, 2021, which will be pending on the date of entry into force of the draft act.

The new regulations will enter into force 14 days after their publication in the Journal of Laws.

Source: CIR and ISBnews

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