A Polish government bill amending the Act on Foreigners as well as some other acts was presented on 22 July 2020. The necessity to amend the provisions results, among others, from the new Community Code on Visas adopted last year, preparation of Poland to join the Visa Waiver Program with the USA, as well as addressing the issue of medical insurance held by foreign nationals.
The key proposed changes:
- Possibility to apply for a visa in diplomatic missions located in the country where the foreign national legally resides/stays (and not, as before, in the country of permanent residence). This can potentially facilitate the submission of visa applications outside the country of origin;
- Extension of the maximum period for processing a national visa application from 45 to 60 days, as well as extension of the decision issuance time limit resulting from applying for reconsideration (as a consequence of a negative decision) from 7 to 14 days;
- Possibility to file a visa application 6 months before intended departure (not only 3 months, as previously). Also, it was proposed to remove the requirement stating that no more than two weeks should elapse between the scheduled visa application appointment and the appointment itself;
- Work visa applicants would be required to provide a proof of health insurance or travel medical insurance covering the entire visa duration period (not only the period until the applicant is covered by social health insurance provided by the employer, as has been the case until now);
- The bill proposes the requirements the insurance companies would have to meet for their policies to be accepted in the national visa application process/entry to the territory of Poland (including regular audit in the case of companies not having their registered office/branch in the EEA area). The list of insurance companies meeting the criteria would be published on the Ministry of Foreign Affairs official website;
- The bill suggests amendments to the visa application form (including information on a work permit/declaration on entrusting work) and the statutory definition of the content of forms regarding negative decisions, decisions to uphold the revocation/annulment of a visa;
- Due to Poland joining the visa waiver program, a requirement was proposed that all officers dealing with substantive handling immigration proceedings should not be convicted of an offense committed intentionally.
It is expected that the changes will enter into force no earlier than autumn 2020. Nevertheless, employers hiring foreign nationals in Poland should prepare for the upcoming changes concerning extended deadlines for processing visa applications or new requirements regarding the medical insurance type and coverage duration.
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