HRlaw.pl

27 July 2021

The Ministry of Internal Affairs and Administration has published a draft resolution of the Council of Ministers on acceptance of the document “Poland’s migration policy – guidelines for action 2021-2022” (ID179).

The document has a program nature and aims to identify main problems with regard to the entry, stay and work of foreigners in Poland as well as to specify areas requiring improvement together with directions of change.

Some main assumptions and postulates expressed in the draft are:

  • improved effectiveness of the system of legalizing employment and stay of foreigners in Poland;
  • digitisation of procedures (primarily through electronic circulation of documents);
  • consolidated interpretation of the law at a central level (among others, through the creation of a portal for swift exchange of information between voivode offices or introduction of the concept of a central governmental administrative body issuing permits for stay that would be handled by local offices and their branches).

The draft changes envisage, among others, easier access of foreigners to permits (primarily through swifter administrative proceedings), the introduction of simplified forms of legalizing the stay of foreigners practicing occupations in demand and strengthened cooperation between Poland and countries from where immigrants originate (with the use of instruments developed at the EU level). Solutions are discussed to facilitate professional development of foreigners and expansion of qualifications (among others, through their inclusion in the National Training Fund), together with an emphasised need to implement solutions to encourage graduates of Polish higher educational institutions, particularly in strategic areas, i.e. technical and IT, to remain in Poland. Intent is to modify the structure of employment of foreigners in Poland and prevent so-called “segmentation of the labour market” with excessive concentration of foreigners in professions and sectors not requiring high qualifications. The draft also underscores the general need to ensure an appropriate standard (proper conditions) of employment of foreigners in Poland.

Main assumptions of the migration policy – although formulated in a very general manner (essentially with an only directional attribute) – should be assessed positively. Current problems facing the migration market are nevertheless an outcome of long-standing neglect and excessive formalisation of procedures that led not only to significant delays in public administrative review of cases involving foreigners, but which also over the years discouraged foreigners (and employers) from developing long-term business plans engaging foreign staff in Poland. A certain remedy to exert a true positive change in the migration situation is the elaboration of precise and simplified procedures as well as streamlined functioning of offices (particularly provincial offices) to improve their efficiency and responsiveness.

The entire document is available here.

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