The long-awaited amendment to the Polish Act on Foreigners will come into effect from 29 January 2022. The aim of the new regulations is to make it easier for foreigners to obtain residence and work permits in Poland. Here are the main changes you need to know about.
Application procedures
Following the amendment, applicants for temporary residence and work permits will no longer be required to prove that:
- they have a source of stable and regular income, sufficient to support themselves and dependent family members,
- They have a place of residence in Poland (i.e. proof of accommodation such as rental contract).
All temporary residence and work permit applications will have to be processed and decided within 60 days of receipt of complete documentation. Applications submitted before 1 January 2022 that have not been determined yet may be reviewed under an expedited procedure.
Conditions of employment
Additionally, the new regulations will introduce a requirement that a foreigner’s monthly remuneration cannot be lower than the minimum wage in Poland, regardless of the person’s working time or the type of contract. It is also worth noting that foreign employees will no longer be required to apply for new work permits if:
- their job title changes but the scope of duties remains the same or
- If they work longer hours while receiving proportionally higher pay.
Employer’s declaration of intent to employ a foreigner
Under the new amendment, citizens of Armenia, Belarus, Georgia, Moldova, Russia or Ukraine will be able to work in Poland on the basis of a “Declaration of intent to employ a foreigner” for a maximum of 24 months. It is a significant change considering that until now the document could only be issued for a period not exceeding 6 months within 12 subsequent months.
What types of Work Visas and Permits for Poland are there?
Citizens of the European Union (EU), European Economic Area (EEA) and Switzerland have ‘free movement of persons’ entering, living, and looking for employment in Poland. They do not require entry visas or work permits. They can stay for three months with just their EU passports or ID card. After this, they must register with the ‘voivodship’ (state or province) where they live for a temporary residence permit for up to three years. This is an easy process with no charge.
Third Country Nationals (TCNs) to visit, holiday or for unpaid business purposes who are not visa-exempt, must apply for:
Schengen C Visa gives them a 90-day stay in a six-month period
For stays of more than three months, a National D Visa is required
All other TCN citizens require a work permit which is applied for by the employer at the ‘voivodship’ (state or province) they will work and live. The employer pays for the permit and must give a copy to the employee on acceptance.
Main Work Permits
Type A is the standard permit for foreigners who have been offered a job by Polish employers
Type B is for a board member residing in Poland for six out of 12 months
Type C is for ‘intracompany’ transfers sent to a branch of non-Polish employer for more than 30 days
Type D is for employees sent to non-Polish employers to perform a service
Type E for employees working with non-Polish employer sent to Poland (intracompany) for longer than three months