Category: hiring foreigners

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Important amendments to the Foreigners Act

A few days ago, a bill to amend the Foreigners Act appeared on the legislative agenda of the Polish Council of Ministers. Work on the bill is expected to be completed in the second quarter of 2024. It provides for changes in several important areas, including:

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  • Implementation into Polish law of Directive (EU) 2021/1883 of the European Parliament and of the Council of 20 October 2021 on the conditions of entry and residence of third-country nationals for the purposes of highly qualified employment (EU Blue Card)
  • Electronic filing of applications for temporary residence permits, permanent residence permits and long-term EU resident permits, instead of filing these applications in paper form in person at the province office.
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New law on the employment of foreigners – what significant changes does the draft introduce?

On 13 September 2022, a draft law on the employment of foreigners (list no: 400) appeared on the website of the Government Legislation Centre. It is primarily intended to be comprehensive legislation regulating key issues concerning the employment of foreigners, currently scattered across various laws and regulations. As indicated in the explanatory memorandum to the draft, it is also intended to streamline procedures and shorten waiting time for decisions. Apart from minor changes related, inter alia, to notification obligations on the part of the employer, introduction of one type of work permit for all employees delegated to Poland (currently divided into 3 types – C-E) or granting an obligatory nature to premise of refusal to issue a work permit in the case of employers in arrears with social insurance contributions or taxes, the draft introduces several significant changes that may have a real impact on the functioning of legalisation procedures in practice.

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Remote work in a foreign country: A solution for everyone or only for the brave?

The popularity of remote work and its various forms, including digital nomadism, is not waning. Unconstrained by national borders or the nationality of employees, employers taking advantage of the global labour market must take into account a number of legal aspects not present in traditional employment. These involve not only issues of supervision of work performance or compensating employees for out-of-office costs, but above all, issues such as the law applicable to the employment relationship and legalisation of the employee’s work and residence in the country of work.

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The Polish Card or Polish citizenship?

Two years passed in July since a Polish Card (Karta Polaka) may also be received by foreigners with citizenship of countries other than which emerged from the Soviet Union’s collapse. The applicant’s knowledge of Polish is checked when considering the application. This seems one of the reasons why the confirmation of Polish citizenship route appears more popular among Poles living in countries such as Brazil or the United States. However, there are situations in which a Polish Card application is a better, and sometimes the only available solution enabling an applicant to be able to boast, in a relatively short while, of holding a Polish passport.

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