Poland: Legislation Streamlining Immigration Processes Forthcoming

January 10, 2022

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Country / Territory

At a Glance

  • Legislation implementing streamlined immigration regulations in Poland is forthcoming regarding Single Permits applications; family reunification under Blue Cards and Pole Cards; visa processing; special permission and work permit processing; and deadlines for authorities adjudicating immigration applications.
  • The regulations are expected to enter into effect in the second half of January.
  • The changes are intended to attract foreign nationals and businesses to Poland.

The situation

Legislation implementing streamlined immigration regulations in Poland is forthcoming regarding Single Permits applications; family reunification under Blue Cards; visa processing; special permission and work permit processing; and deadlines for authorities adjudicating immigration applications. The new regulations will not apply to pending cases except for the simplified process for Single Permit applications submitted prior to January 1, 2021, and the new deadlines for the processing of residence permit applications in certain cases.

Details of these changes include the following:

Change Details Impact
Single Permit applications
    • Single Permit applications will no longer need to include confirmation of accommodation in Poland; confirmation of health insurance; or confirmation of sufficient means to support oneself and family members.
    • Foreign nationals will be able to use their current Single Permit when changing to a new employer upon submission of an amendment. Currently, they must apply for a new Single Permit.
    • Other changes will not require amendments of the Single Permit, including changing job position if job duties remain the same and changing from part-time to full-time employment.
    • The Single Permit application will no longer require a labor market test if a foreign national receives an additional Work Permit for the new position during the Single Permit process. Currently, a labor market test is only required if a foreign national starts work based on a position noted in the Work Permit before applying for a Single Permit for the same job position.
    • A foreign national will be able to have their Single Permit application prioritized and processed more quickly if they are employed by an entity of strategic importance for the Polish economy, as determined by the relevant ministry.
    • Single Permit applications submitted prior to January 1, 2021 will be processed and adjudicated in a streamlined process to help remove the backlog of applications. However, these Residence Permits will only be issued for two years (instead of three) and foreign nationals will need to submit an extra notification confirming their employment conditions.
    • Foreign nationals will be able to gather documentation requirements more quickly due to reduced requirements.
    • Foreign nationals on Single Permits will find it easier to transfer to new employers and employers will face fewer administrative hurdles when changing job titles.
    • Employers will be able to hire foreign nationals more quickly under Single Permits.
Family reunification under Blue Card and Pole Cards
    • Children who are under 18 when submitting a family reunification application under the Blue Card process, but who turn 18 years of age while the application was processing will still be able to receive a family reunification residence permit. Currently, this is not possible.
    • These changes will make it more attractive for foreign nationals with family members to work and reside in Poland as children over 18 years will be permitted to work in Poland without additional work authorization.
Visa processing
    • Priority processing will be implemented for visa applicants from specific countries (likely countries of strategic importance) and professions (likely occupations with a shortage of skills in the local population). Additional details are expected to be forthcoming.
    • Streamlined visa processes will be implemented for Ukrainian nationals.
    • Standard processing times for visa applications will remain at 14 days.
    • Foreign nationals eligible for priority processing and Ukrainian nationals will be able to obtain Polish visas more quickly, allowing them to enter Poland more quickly. However, non-prioritized foreign nationals may see their visa applications processed more slowly, which will delay their start dates.
Special Permission and Work Permit processing
    • Special Permissions (a work authorization category for nationals of Armenia, Belarus, Georgia, Moldova, Russia and Ukraine) will be issued for up to 24 months, instead of six months, and will no longer require a “cooling-off period” of 12 months between applications.
    • Employers seeking to obtain Special Permissions for a foreign national will be required to pay a salary comparable to a local worker in the same job position. Currently, they only have to meet the minimum salary level.
    • Start date notifications for foreign nationals on Special Permissions will be able to be submitted within seven days of the foreign national’s start date. Currently, they are submitted on the same day.
    • Work permit applications will be prioritized if a foreign national is employed by an entity of strategic importance to the Polish economy, as determined by the relevant ministry.
    • Foreign nationals will be able to change job positions without obtaining a new work permit if they hold the same job duties.
    • Employers will be able to amend certain job conditions (such as reduced working hours, remote work, etc., based on generic employment law regulations) in case of revenue loss by the employer, for example, unstable business, or future calamities, etc. Currently, job conditions require a new work permit authorization or notification.
    • Foreign nationals who have obtained Special Permissions will no longer need to obtain an additional work permit to cover employment after the expiration of the initial Special Permission.
    • Additionally, since Special Permissions are approved faster than Work Permit applications, change in job titles and other job conditions will be easier and faster.
    • Employers should ensure that the salaries they will offer foreign nationals on Special Permissions are commensurate with local wages for similar positions.
    • Employers will find it easier to manage submission of the start date notifications for foreign nationals on Special Permissions, resulting in less administrative fines for not meeting the deadline.
    • Foreign nationals who are employed by entities of strategic importance will be able to begin work more quickly since their work permit process will be streamlined.
    • Employers will no longer have to pay the costs of filing a new work permit for foreign nationals who change job positions while holding the same job duties.
    • Employers will find it easier to adjust their businesses to economic conditions without impediments of governmental bureaucracy.
New deadlines for authorities adjudicating immigration applications
    • Authorities will be required to adjudicate temporary Residence Permits in 60 days. They will also be required to adjudicate permanent residence permits and long-term EU residence permits within six months. The current adjudication time is much longer.
    • Appeals for both permanent and temporary permits will be required to be adjudicated within 90 days. Currently, they are adjudicated in 12-18 months or more.
    • Foreign nationals will receive decisions on their applications more quickly, allowing them to plan their business or personal travel outside of Poland.
  • Economic interest. Poland is seeking to make it easier for foreign nationals to enter and work in the country to assist in the country’s pandemic recovery. These changes are aligned with the Polish government’s intention to guarantee sufficient staffing resources for local investors.
  • Legislative history. The Polish government had drafted much of this legislation in 2021, although it is taking longer than expected to be finalized.

The changes listed above will go into effect 14 days from the official publication of the regulations, which is expected to occur in the upcoming months. Additional legislative changes which will further streamline immigration processes are also expected.

This alert is for informational purposes only. If you have any questions, please contact the global immigration professional with whom you work at Fragomen or send an email to [email protected].

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