The strategy and resulting actions to be taken are accorded special importance, since:

• since 2016. (when the previous migration strategy was repealed), there has been no formal migration program in Poland,
• there are as many as 2.3 - 2.5 million foreigners whose stay can be described as long-term (i.e., exceeding 12 months),
• in recent years, a number of irregularities have been identified in Poland in the sphere of migration in its broadest sense, and these include not only the so-called visa scandal, the lack of control over visa intermediaries and generally over the admission of foreigners to the Polish labour market, abuses in the functioning of employment intermediaries or in higher education recruitment procedures, but also the general inefficiency of authorities conducting immigration proceedings that result in their repeated violation of applicable regulations).

The following are key aspects of the activities planned under the strategy.

Entry and stay in Poland

The strategy focuses on controlling foreigners' access to Poland. It aims to obtain full knowledge of who has entered and is staying in Poland, for what purpose and for how long. To support an effective system of returning foreigners whose stay in Poland is unjustified or even undesirable, a so-called national return program is to be created with two options for returning foreigners to their country of origin: voluntary and forced.

In terms of legalising stay, the strategy also provides for simplification of procedures for foreigners in extending their legal stay in Poland.

Selectivity in visa policy

The strategy assumes selectivity in visa policy, which involves granting the Council of Ministers the authority to formulate on an ongoing basis the rules under which citizens of other countries may enter Poland. These rules may change depending on the current needs of the Polish labour market or the geopolitical situation.

Selection is to consider, on one hand, the country of origin (citizens of certain countries may enjoy preferences in obtaining visas) and, on the other hand, the profile of citizens (e.g., their high qualifications and desired skills). Additional factors may include the foreigner's salary or need for foreign workers due to the implementation of strategic investments for the state.

During the strategy's implementation, the autonomy of consular official discretion in the issuance of visas is also to be (further) strengthened to prevent the issuance of visas to unauthorized persons.

Control of students

In connection with identified abuses, the rules for recruitment and study of foreigners in Poland are to be changed. Introduced certification of proficiency in the language of instruction or recruitment limits for the admission of foreigners to specific fields of study is even under consideration.

Due to the relatively high percentage of foreigners resigning from studies in Poland or not undertaking them after a positive recruitment process (which gives grounds to believe that foreigners treat studies instrumentally - only as a basis for a visa/residence application), it is planned to introduce a six-month (semester) for foreigners instead of annual settlement of absences from classes. This will enable faster cancellation of visas granted for the purpose of study or revocation of temporary residence permits granted for the purpose of fictitious study.

Additional, though yet unspecified, obligations are also to be imposed on higher education entities themselves. The rules for their inclusion on the list of entities with the right to recruit foreigners are also to be changed (as should be assumed - tightened).

Automation and digitisation of visa and residence procedures

According to the strategy, it is planned to successively implement new IT tools to enable the fullest possible automation and digitization of procedures (as has been appearing in various draft legislative changes and public debate for years). These tools are also intended to enable effective exchange of information between consulates, offices and other institutions in Poland.

The aim of these measures is not only to streamline, standardize and speed up procedures, but also to verify foreigners' data more efficiently and eliminate undesirable practices, such as the actions of illegal or dishonest intermediaries (i.e., those who abuse procedures by applying for visas or residence permits merely for the sake of appearance).

Work in Poland

Point system for admitting foreigners to the Polish labour market

The overriding goal of the strategy in terms of foreigners' access to the labour market seems to be to ensure that the local labour force is not compromised and a reaching for foreign labour only on an auxiliary basis (when there are deficits in the Polish labour market). This is the so-called point system of admitting foreigners to the Polish labour market, i.e., only to such an extent and in such areas (e.g., sectors of the economy) where there are deficits.

The challenge of this system may be to establish detailed rules for its operation and, above all, universal criteria for awarding points to foreigners.

Special procedure for gaining access to the Polish labour market

A consequence of the above-mentioned points system is to be the ability to employ a special (as it should be assumed - simplified) procedure for gaining access to the Polish labour market in those areas where there is a particular demand for foreign labour.

The conditions for employing the special procedure are to be:

• citizenship of an OECD country or country with which Poland or the European Union has a signed and effectively implemented readmission agreement,
• unique, highly specialized skills or inability to find an employee with such skills in Poland,
• monthly salary at least comparable to Polish workers in the industry, so as not to create unfair competition in this regard,
• submission of an application by an employer with investments in Poland of strategic importance for the economy or national defence.

At the same time, it is not clear whether the above-mentioned conditions must be met cumulatively (one should assume that they are not) and what exactly the “special” procedure for access to the labour market is supposed to comprise.

Revision of the list of countries whose citizens are subject to the so-called declaration procedure

Although the very institution of statement on entrusting work to a foreigner is to be maintained (i.e. a much faster and simplified procedure compared to obtaining a work permit), the list of countries whose citizens may be covered by it is to be verified. Currently, these are citizens of Ukraine, Belarus, Moldova, Georgia and Armenia. The strategy does not specify whether the list of these countries is to be expanded or, on the contrary, restricted, or according to what criteria.

Limitation of seasonal work

The strategy states that abuses of seasonal work permits must be eliminated, while at the same time ensuring that deficits that cannot be met by workers from Poland (e.g., in the agricultural sector) can be filled. The possibility of requiring employers to bear full or partial costs of returning seasonal workers to their countries of origin is to be examined in this regard.

Integration

The strategy describes in detail the integration policy for foreigners, stressing that the process should be two-way. This means both the adaptation of foreigners to Polish norms and the responsibility of the host society to counteract social exclusion and undesirable phenomena such as racism. The document also stresses the importance of education and knowledge of the Polish language for the integration process, as well as the role of cooperation between the government, local governments and social organizations in it. Poland is to pursue an active integration policy, with emphasis on pre-integration in the case of foreigners arriving as part of family reunification to prevent, among other things, the formation of closed communities.

Controversy over international protection

One aspect of the 2025-2030 migration strategy that has already managed to stir up the most controversy and, above all, dissenting voices, is the possibility of temporary and territorial suspension of the right to apply for asylum in situations where an influx of migrants could destabilize the state. Although it is difficult to discuss such solutions at this stage due to the very vague, if not general, framing of this issue in the strategy, their introduction would undoubtedly be difficult to reconcile with human rights and international law.

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Due to the very general (purely directional) nature of the strategy, its unambiguous evaluation is difficult. It will only be possible to assess the specific systemic and legal solutions adopted through its implementation.

Undoubtedly, the overarching goal of the strategy is to seal migration. The strategy's assumptions closely link migration policy with national security issues, especially in the context of border protection. This approach has undoubtedly dictated emphasis in the strategy.

However, it is imperative in implementing a migration strategy for Poland to balance, on one hand, the need to ensure public safety and make full use of “local” labour market resources, and, on the other hand, the advantages of openness to foreign labour and intellectual capital, as well as considerations of invariably noticeable labour shortages in almost the entire economy, which cannot be covered without foreign human capital. The strategy seems to overlook the latter, or at least treat it as secondary, by offering residual solutions in this regard. Meanwhile, the authorities' practice, which is often not in line with the law (including blatant violations of statutory deadlines for handling cases), and the rigor of regulations on which the procedures are based if left unchanged, may further and for a long time discourage foreign workers and foreign investors from tying their future to the Polish economic market. This, in turn, could have negative and protracted reverberations in the Polish economy.

A key issue also remains the real scope of competencies to be granted to the Inter-Ministerial Team for Migration, i.e. the body responsible for consistent development of migration policy in Poland and for conducting a review of its implementation (by the end of 2027). After all, harmonisation and uniform practice in migration processes (in particular, the issuance of visas and residence or work permits) has long been advocated and is quite socially desirable.

Hopefully, in the next stages of determining and implementing migration policy, the voices and opinions of experts, employers and NGOs will be taken more into account, so that solutions will be as close as possible to the realities of migration and the labour market in Poland.

Magdalena Świtajska, adwokat, Partner, Labour law and global mobility practice

Aleksandra Wójcik, adwokat, Labour law and global mobility practice

Katarzyna Sawicka, adwokat, Labour law and global mobility practice