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New measures re: work and stay of foreigners in the Anti-crisis Shield 3.0

19.05.2020

Polish authorities adopted new measures concerning status of foreigners in Poland. The changes that are part of Anti-crisis Shield 3.0 reflect a fact that the public offices are preparing their re-opening.

The following measures concerning right to work and stay of foreigners in Poland are currently in place after the amendment (changes as opposed to Anti-crisis Shield 1.0 & 2.0 are underlined):

  1. Automatic extension of Work Permits and statements about entrusting work to foreigner – permits that expire during epidemic will be automatically prolonged until 30 days after end of epidemic state.
  2. Polish National visas and Polish residence permits that expire during epidemic state will be automatically prolonged until 30 days after end of epidemic state.
  3. Foreigners who stay in Poland on the basis of documents other than Polish national visa or Polish Residence Permit also benefit from automatic extension of their stay provided that they were already staying in Poland on March 14, 2020.
  4. Foreigners who currently stay in Poland on the basis of documents other than Polish national visa or Polish Residence Permit and did not stay in Poland on March 14, 2020, will also be able to continue their stay in Poland past expiry of the document. However, they have to submit an appropriate application within 30 days from the end of epidemic state to benefit from extension.
  5. Countdown of deadline to submit application for registration of stay of EU citizen (90 days since last crossing of Polish border) will be resumed on May 23, 2020.
  6. Administrative proceedings are resumed and countdown of any deadlines in immigration cases will resume on May 23, 2020. Immigration Offices are allowed to issue requests for new documents or issue negative decisions starting from May 16, 2020.
  7. Extension of time to leave Poland for foreigners who received a formal obligation to leave is introduced until 30 days after end of epidemic state.
  8. Automatic extension of documents confirming status of foreigners such as temporary statements of identity of asylum seekers and Pole Cards (Karta Polaka).
  9. Polish plastic identity cards (residence cards, Karta Pobytu) that expire during epidemic state will be automatically prolonged until 30 days after end of epidemic state. Same extension applies to residence cards of family members of EU citizens.
  10. Facilitation of communication during pending processes. As a temporary measure, Immigration offices will have right to deliver letters to applicants electronically or substitute a mandatory personal visit to the office with a videochat.
  11. Work permit exemption for seasonal workers. Eligible seasonal workers are exempt from work permit requirement until 30 days after end of epidemic state, provided that they already held a proper work authorization document after March 13, 2020.
  12. Remote submission of visa applications. Citizens of zUkraine, Russia, Belarus, Armenia, Georgia and Moldova will be able to apply for Polish national visas in their countries without personal visit to consulate.
  13. Quarantine requirement lifted for employees from EU/EEA. Employees from EU or European Economic Area who travel to Poland in connection with work via internal UE borders will be exempt from the obligatory 14 days of quarantine post entry.
  14. Possibility to apply anti-crisis employment measures to foreigners. Special measures made available to employers (ordering home office, unilateral reduction of working time, unilateral reduction of remuneration during stoppage) may be applied to foreigners without triggering non-compliance with immigration law.