Published on 6 July this year "Poland's immigration policy - directions for action 2021-2022" is currently at the consultation stage, and its adoption is planned for the third quarter of 2021. The document was drafted on the basis of the diagnosis of the baseline, adopted in December 2020, and sets general priorities in the migration policy. Moreover, a regular update of this document is announced, which is to adequately respond to the dynamic changes in the immigration situation in Poland.
What needs does the current project address?
"Poland's migration policy - directions for action 2021-2022" addresses, among others:
- issues of legal migration and its response to the economic and social needs of our country;
- the need to minimize illegal immigration to Poland and its negative effects;
- the topic of providing the necessary assistance and care to foreign nationals in need of protection;
- the need to integrate foreign nationals with Polish society;
- migrations of Polish nationals;
- European dimension of migration policy.
Important matters for employers
The project responds to many important challenges currently faced by entities employing foreign nationals in Poland. The migration policy assumes, inter alia:
- Facilitations in obtaining work permits in order to increase the share of long-term labor migrations in the overall structure, including by transferring the competence to issue permits to labor offices (part of the planned reform of the labor market),
- Streamlining the process of legalization of stay - standardization of practice and interpretation of the law by voivodeship offices, digitalization of the process, improvement of the exchange of information between authorities, and in the longer term the creation of a new central authority dealing with residence permits,
- Simplified visa policy - introducing a "fast track" for foreign nationals with the desired qualifications, electronic circulation of documents, introducing the possibility of obtaining a one-time entry visa in connection with work,
- Support in filling the gap on the labor market and ensuring a higher share of foreign nationals with high qualifications and workers qualified (with particular emphasis on the eastern neighborhood of Poland) - attracting foreign nationals studying desired courses (medical, technical, IT) to Poland, introducing systemic solutions for the recognition of validation of professional qualifications and diplomas obtained outside the EU, possibly the conclusion of intergovernmental agreements on cooperation on the labor market,
- Introducing incentives for foreign nationals graduating from Polish universities to stay in Poland, e.g. by facilitating obtaining a residence permit, enabling registration as an unemployed person, considering facilitating access to the labor market for graduates of extramural studies,
- Preventing the negative consequences of legal migration - preventing excessive concentration of foreign nationals in industries that do not require high qualifications, improving the collection of social security contributions, protection for foreign nationals (in particular those employed by dishonest intermediaries) against abuses on the labor market, improving the process of checking foreign nationals applying for a residence permit in terms of threats to state security, as well as improving of the process of withdrawing and canceling residence permits,
- Improving control and verification activities towards foreign nationals, in particular in large urban agglomerations,
- Developing a system of encouraging Poles to return from emigration, taking into account competences that are particularly desirable on the labor market (including medical and construction professions), tending the broadly understood intra-EU mobility in a way that meets Polish interests.
Immigration compliance
Looking at the proposed directions of changes, it seems that they may constitute the basis for a comprehensive reform of the currently complicated and inflexible system of legalizing the stay and work of foreign nationals in Poland. Currently, in Poland there are about 29 deficit professions, and in some voivodeships (e.g. in Wielkopolska) even 46. The assumed policy may reduce this gap through comprehensive measures supporting entrepreneurs for whom seasonal workers or the circular model of migration is no longer sufficient. Actions such as facilitation for people working in deficit professions (exemptions from the requirements legalizing work, intergovernmental agreements, facilitating the recognition of qualifications, cooperation with universities or scholarship programs), combined with the digitalisation of the process of legalization of stay, in connection with the institutional reform, or the creation of a completely new office can bring tangible results. In addition, the transfer of competences in the field of issuing work permits from overburdened voivodeship offices to labor offices may increase the availability of this type of permits, which may become a real competition for the currently dominant declarations on entrusting work and extend the employee's stay in Poland from 6 months to at least 3 years.
On the other hand, the policy implies increased control of illegal migration and greater exchange of information between authorities. Currently, Polish immigration law is assessed as very complicated. Nowadays it is very easy to make a mistake which may result in illegal employment. With increased controls, immigration compliance may become even more important.
To sum up, the directions set by the immigration policy address very important aspects and needs of the Polish labor market, while with the complicated immigration law and intensified controls, the essence of compliance with the law may become a key element of internal procedures for employing foreign nationals.
Autorzy:
