This is the second amendment to the Special Act on assistance to Ukrainian citizens in connection with an armed conflict in the territory of that country.
The changes that employers in Poland should take into account include:
1) The exclusion of the possibility of applying to persons covered by the Special Act not only the provisions of the Act on granting protection in the territory of Poland, but also the provisions of the Act on employment promotion and market institutions regarding dismissal from the necessity to obtain a work permit for persons covered by temporary protection.
2) Obligatory withdrawal of temporary protection certificates for beneficiaries of the Special Act.
3) Suspension of processing times until December 31, 20222 for inter alia temporary residence, permanent residence, long-term resident's EU residence, change of temporary residence and work permit and temporary residence permit in order to work in a profession requiring high qualifications (Blue Card). It is also not possible to complain about the inactivity of the authorities during this period.
What does this mean for employers in Poland?
The aforementioned changes limit the employers operating in Poland from choosing the framework for cooperation with persons covered by the Special Act. Employers who consider cooperation with persons delegated to Poland must take into account the need to obtain a work permit for them, because without such a permit, work will only be possible for those citizens covered by the Special Act who will conclude a Polish employment contract or a Polish civil law contract with an employer in Poland.
At the same time, employers should take into account the greater risk of rotation of workers from Ukraine. No need to obtain a work permit for them and the possibility of applying for a residence permit without specifying the entity employing them gives them the possibility of a faster and more flexible change of employer compared to foreign nationals who are subject to such an obligation.
Employers must also take into account possible delays in the processing of applications for residence permits for employees - citizens of countries other than Ukraine. Voivodeship offices may suspend the processing of residence permit applications until the end of 2022, depending on the migration situation in Poland.
The amendment to the Special Act also provides for certain amenities for employers, inter alia:
1) Possibility for employees staying in Poland to submit visa applications in Poland directly to the department of the Ministry of Foreign Affairs without the mediation of a consul. This could be possible under the condition of, inter alia, being a citizen of a country specified in separate regulations. This solution is to be addressed both to the citizens of Ukraine and Belarus.
2) Possibility of issuing a temporary residence permit as a result of the possession of a visa for humanitarian purposes - the regulation will define the citizenships which will entitle the individuals to apply for such a permit, taking into account the needs of the Polish migration policy. This solution is also intended to address the situation of Belarusian citizens seeking protection in Poland.
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