The excessive length of administrative proceedings is a usual matter that foreign nationals in Poland have to deal with on a daily basis. The amendment to the Act on foreigners (and other statutes) introduces a number of solutions aimed at facilitating and accelerating administrative proceedings in the field of legalization of work and stay, e.g. the possibility of considering applications submitted before January 1, 2021 in a special, simplified procedure. These solutions are complemented by the possibility of priority in processing of applications for a work permit as well as a residence permit with the right to work for foreign nationals employed by entities of strategic importance to the Polish economy.
Selection of entities of strategic importance for the Polish economy
The list of entities of strategic importance for the Polish economy would be prepared by the Minister of Economy. There are two prerequisites for including an enterprise on the list:
- the needs of the national economy,
- the enterprise's area of activity.
Priority in examining cases
The list is to apply to both: proceedings regarding work permits and those regarding temporary residence permits with the right to work. The relevant voivode (provincial authority in Poland) would consider applications related to work in an entity of strategic importance taking into account "priority". Unfortunately, the term “priority” has not been specified in more detail. The amendment assumes that, as a general rule, applications for temporary residence permits will be considered within 60 days, and this period seems to be almost express compared to the current deadlines in some voivodeship offices (even 12 months). If the priority path for strategically important entities were to be even faster, it would be a really revolutionary solution.
When will this solution be used?
The proposal should be considered promising, as it meets the demands of entrepreneurs who, in the face of overburdened voivodeship offices, for years have been raising the demand for more selectivity in proceedings. Unfortunately, this is an optional solution - the amendment does not introduce an obligation or a deadline for issuing the ordinance that will specify the list of entities. It would be also beneficial to link this list with another regulation provided for in the Act on foreigners, which provides for the possibility of defining professions desirable for the Polish economy.
What should employers pay attention to?
It is very important that the list of entities of strategic importance reflects the actual needs of the labor market and that it is constantly updated.
Although the reasons for placing an enterprise on the list are quite general, there are dozens of professions that are highly sought after in Poland and at the same time they are crucial to the economy. Therefore, it might be beneficial for the companies to follow up on this information and take action (if possible) to be included on the list.
In addition, immigration procedures, despite many interesting solutions, still remain complicated, and the use of priority paths also depends on a well-prepared set of documents in accordance with the requirements that the authorities define.
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