The draft Act on foreigners and certain other acts was listed within legislative and program works of the Council of Ministers. From the employers' point of view, the proposed changes to the granting of temporary residence and work permits seem particularly interesting.
Recently, the share of temporary residence permits issued to foreign nationals conducting business activity in Poland and to highly qualified employees has been growing, but by far most decisions are still issued in connection with the performance of work (i.e. "unified permits"). In the draft amendment to the Act on foreigners and other acts proposed at the beginning of September by the Ministry of Interior and Administration, it is these permits, or rather simplifications in terms of granting them, that received the most attention. According to the information provided, the adoption of the project is planned for September 2021.
Temporary residence and work permits - main assumptions of the project
Quite generally presented assumptions allow for the indication of several solutions that may significantly affect the course and duration of proceedings, especially in the field of granting temporary residence and work permits. It is worth mentioning, among others:
1) resignation from the necessity to present documents confirming the possession of a place of residence and a source of stable and regular income in favor of the requirement for the foreign national to receive remuneration not lower than the minimum remuneration for work, regardless of the working time and type of legal relationship on which the foreigner performs work.
Currently, a foreign national applying for a temporary residence and work permit must present documents confirming his place of residence and source of regular income. If the place of residence is confirmed, the lack of clear guidelines and the changing housing possibilities and preferences mean that in the event of official practice, the documents provided (e.g. confirming the use of the currently popular short-term rental) cause problems with interpretation and often a negative decision is issued.
The proposed changes reflect social realities and may bring real benefit in the shortening of the duration of the procedure (e.g. due to a smaller number of required documents, lack of additional notices from the authorities and explanations from applicants, e.g. with regard to the place of residence in Poland). The changes may also reduce the number of negative decisions and, consequently, the number of appeals to the Office for Foreigners. A similar impact may be caused by a change in the level of providing proof of receipt of remuneration by a foreign national. In a way, the changes also seal the system.
2) introducing a new procedure for changing a permit in the event of a change of employer or exemption from the obligation to have a work permit.
Currently, in the event of a change of employer, a foreign national is required to obtain a new temporary residence permit. As a result, the number of cases considered by the voivodeship office grows, and so does the length of proceedings. Long-lasting processes, in turn, often lead to unclear residence situations. The decision cannot also be changed if, during the period of its validity, the title to work without a permit has been obtained (so that it is indicated in the place of the employer).
Making it possible to change the decision regarding the employer (similar to the provisions on the "Blue Card") could positively affect the number of cases through the transparency of proceedings and greater flexibility of procedures. Similarly, the possibility of entering into the decision (in place of the employer) the title to perform work without a permit (e.g. in the case of obtaining a diploma from a Polish university).
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If you have questions about current procedures or planned changes and their impact on the employment of foreign nationals in the company - please contact us.
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