On 21 March 2023, the President signed the Act of 9 March 2023 Amending the Act on Foreigners and Certain Other Acts. The amendment was published in the Journal of Laws on 23 March 2023 and, with certain exceptions, will enter into force 14 days after its publication. The purpose of the amendment is to ensure the application of Regulations 2018/1860 and 2018/1861, dated 28 November 2018, of the  European Parliament and of the Council (EU). These regulations govern the entry and stay of third-country nationals in the territory of Schengen States and Member States’ use of the Schengen Information System (SIS).

People who fled from Ukraine to Poland because of the Russian invasion and then returned to Ukraine may not be allowed back into Poland without meeting additional conditions.

The stay in Poland of Ukrainian citizens who fled Ukraine because of the war was regulated by the provisions of the so-called Special Law of 12 March 2022 (on assistance to Ukrainian citizens in connection with armed conflict on the territory of that country). The stay of such persons in Poland is, in principle, legal until 24 August 2023. However, in accordance with the recent practice of the Polish authorities and services, if such a person even briefly returns to the Ukraine, their re-entry to Poland will, as a rule, take place under the terms of the previously existing regulations – and no longer under the terms of the Special Law.

Introduction

Due to the ongoing COVID-19 pandemic, the requirement to update employee qualifications required by the regulations has been temporarily suspended. Thus, the validity of the documents that prove their possession has also been extended.

From the employer’s perspective, we find three main elements here: (1) health & safety qualifications and entitlements, (2) motor vehicle driving documents and (3) other entitlements.

If you are hiring, thinking of hiring individuals in Poland or are yourself interested in being employed in Poland, watch the latest episode of the programme “News from Poland—Business and Law”, in which Magdalena Świtajska, partner in the Employment and Global Mobility practice, explains possible options.

News from Poland—Business & Law is a synthesis of important current events in the Polish economy and changes to Polish law, especially those that may concern management board members and affect the risk of serving on boards.

Konrad Grotowski, host of the programme, discusses the current state of the Polish economy.

The programme is addressed to foreign directors of Polish companies, foreign investors in Poland, and their foreign advisers.

All episodes are available here https://codozasady.pl/en/c/news-from-poland.