#alert: Removal of reminder notices regarding work permits

05.05.2021

It is planned to eliminate the reminder notice (Polish: ponaglenie) regarding work permits for foreigners and registration of declarations on entrusting work to a foreigner (also called as Special Permission). Employers applying for a work permit will have limited options to combat the delays in processing their applications.

Depending on the region and the type of case, the actual awaiting time for a work permit may be up to six months. Currently it is possible to file a reminder notice to challenge the lengthy processing of the application to the ministry. The reminder notice is not subject to an additional fee, its processing in practice takes several weeks.

After the changes, it will be possible to formally combat the delay only by means of a complaint to an administrative court. The complaint is subject to a fee (as opposed to the reminder notice) and has more complex formal requirements. The processing time for the complaint by the court is also longer and amounts to several months. The mere transfer of the complaint to the court may take up to 30 days – this is the time for the authority to prepare an extensive response to the complaint.

The exact date of liquidation of reminder notices depends on the pace of work in the Polish parliament – currently the bill is after its first reading in the Sejm. However, the provisions in this area will enter into force just 14 days after their official announcement.

The draft does not foresee processing of reminder notices submitted before the amendments come into force. The nearest period may therefore be the last moment to submit a ponaglenie for delay in issuing a work permit or to register a declaration on entrusting work to a foreigner.