#Alert: The President of Poland has signed the law amending the Foreigners Act

The President of Poland has signed the law amending the Foreigners Act.  The changes are important and are aiming at accelerating and facilitating procedures for working foreigners. We present them below:

1) Applications for a temporary work and residence permit i.e. so-called single permit (submitted after the entry into force of the new regulations) will be considered on simpler terms – fewer documents will be needed.

For such applications, it will not be required to submit:

1. confirmation of accommodation in Poland (rental agreement, flat ownership deed etc.)
2. confirmation of health insurance – if the foreigner is entitled to health insurance on the basis of performing work (e.g. concluded employment contract)
3. confirmation of having sufficient funds to support oneself and family members during their stay in Poland – it is enough that the foreigner receives remuneration at least at the level of the minimum wage

2) The single permit may be amended in order to perform work for a new entity.

3) Possibility to perform work under new conditions without amending the single permit or work permit:

1. Changing the name of the position will not require amendment if the foreigner retains the same scope of duties
2. Transition from part-time work to full-time employment will not require amendment of the permit – in case of a proportional increase in the foreigner’s remuneration

4) Introducing the possibility of prioritized processing of applications for a single permit or a work permit in case of employment of a foreigner by an entity of strategic importance for the Polish economy.

5) The processing time for new applications for a temporary residence will be set at 60 days. For appeal processes, the deadline will be 90 days.

6) The amount of remuneration for applications for an EU Blue Card residence permit will be verified on the basis of the level of remuneration corresponding to the date of submission of the application, and not according to the year in which the employment contract was concluded.

7) All applications for single permits submitted before January 1, 2021 will be considered in a special, simplified procedure:

1. The immigration office will not examine all the criteria – the issuance of the permit (for 2 years) will depend on whether the foreigner poses a threat to public safety
2. Foreigner will need to submit additional notification after permit is issued. The notification will contain a declaration signed by the employer confirming the conditions of the planned work.
3. Failure to submit a correct notification within 60 days of receipt of the permit will automatically invalidate the permit.

8) Changes in processes regarding declarations on entrusting work to a foreigner (so-called Special Permission):

1. Declarations may be issued for a period of up to 24 months (instead of 6 months).
2. Declarations can also be registered directly after each other, without a grace period.
3. New requirement for declarations – the foreigner must receive a salary comparable to that of other employees
4. The employer will have to notify the authorities about start of work within 7 days of the actual commencement of employment

9) Procedural facilitations for persons applying for the Pole’s Card (Karta Polaka), especially minor children applying together with their parents

The changes will come into force 14 days after their publication in the Journal of Laws. Therefore, we expect the new rules to apply still in January.

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