Immigration Reforms Include Implementation of Combined Work and Residence Permits

A series of immigration reforms took effect in Poland on May 1, 2014, as part of the country’s implementation of a combined work and residence permit as required by an EU directive. Employers should expect temporary processing delays for the next several weeks as the new programs are implemented. 

The reforms introduce a combined work and residence permit that requires in-person submission of fingerprints. Also part of the reforms are new employer notification requirements and new filing periods for permit renewal applications. Additional changes are also expected but have yet to be officially announced. 

Combined Work and Residence Permits 

Third-country nationals intending to work in Poland under a local employment contract will now apply for a combined work and residence permit rather than being required to apply for a separate work permit. Applications for the combined permit may be filed from within Poland at the provincial governor’s office with jurisdiction over the applicant’s residence. Applicants must submit fingerprints in person, which was not required previously. 

The new combined permit process, with the new fingerprinting requirement in particular, is expected to result in processing delays for the next several weeks as officials adjust to the new procedures. However, the introduction of a single permit and application process should eventually streamline the work authorization process for foreign nationals and their employers. 

Employer Notification Requirements 

Employers are now required to notify labor officials within seven days of any of the following in connection with any work permits they have sponsored:

• If the employer’s registered name or address changes, or if any part of the employer has been taken over by another entity;
• If the Polish employer’s work permit point of contact person changes (in intracompany transfer cases);
• If a foreign national has not started working in Poland within three months of the work permit’s issuance date;
• If a foreign national stops working for a period exceeding three months; and
• If a foreign national’s employment ends more than three months before the work permit’s expiration date.

Failure to make the notification may result in cancelation of the work permit. 

Filing Periods for Renewal Applications 

Mandatory filing windows for residence permit and visa renewal applications have been eliminated. Applications to renew residence permits or visas can now be filed up to and on their expiration dates. Previously, residence permit renewals had to be filed no later than 45 days before the existing permit expired, and visa renewals had to be filed at least three days prior to expiration. 

How Fragomen Can Assist 

Fragomen is monitoring the implementation of the reforms and will provide additional updates as details are announced and will work with clients to devise strategies with upcoming relocations into Poland. Fragomen can also assist with preparing and filing of work permit applications in Poland, and with coordinating compliance with the new notification requirements. 

This alert is for informational purposes only. If you have any questions, please do not hesitate to contact the global immigration professional with whom you work at Fragomen or send an email to [email protected].  

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