Changes in immigration regulations
Plans are underway to introduce fees of PLN 1,669 for submitting an application to grant or renounce citizenship directed to the President [within the country]. Currently, only the consular procedure involving acceptance of an application and drawing up documentation on granting Polish citizenship, with delivery of the deed granting Polish citizenship or notification of refusal to grant Polish citizenship, is subject to a fee of EUR 360. No fee is payable for such application submitted to the province governor’s office [within the country].
The fees for issuing a decision on recognition or restoration of citizenship are to be increased to PLN 1,000 and for a decision confirming possession or loss of Polish citizenship to PLN 277. Currently, the fees amount to PLN 219 and PLN 58 respectively. At the same time, minor children of Polish citizens who did not acquire citizenship by operation of law are to be exempted from the fees.
Source of change: Draft Law on Amendments to the Law on Repatriation and Certain Other Laws
Planned date of entry into force: Q4 2024.
The draft envisages extending the deadline for issuing a decision in proceedings in civic matters except for presidential applications - it is to be six months in cases handled by provincial governors and the minister of internal affairs. It is currently between one and two months from the initiation of proceedings, but in practice the authorities do not observe this deadline.
Source of change: Draft Law on Amendments to the Law on Repatriation and Certain Other Laws
Planned date of entry into force: Q4 2024.
Pursuant to Ukraine’s Mobilisation Act, all citizens of Ukraine age 18–60 who are subject to compulsory military service had to update their military and evidentiary data by 16 July 2024.
If a citizen of Ukraine age 18–60 who is subject to compulsory military service wishes to use a consular service (e.g. obtain a passport or visa), they must submit a military registration document in paper (VOD) or electronic (e-VOD) form, generated no earlier than three days before applying for the consular service.
The document in paper form will be valid only until an electronic conscription account is activated, enabling self-generation of an electronic military document. Activation of such accounts has been possible since 18 June 2024.
Source of change:
- Ukrainian Act of 11 April 2024 Amending Certain Legislative Acts of Ukraine on Certain Issues of Military Service, Mobilisation and Military Registration No. 3633-IX (rada.gov.ua)
- Communiqué of the Ministry of Foreign Affairs of Ukraine (mfa.gov.ua)
Effective from: 18 May 2024
Two groups of foreigners who do not hold Ukrainian citizenship have been added to the catalogue of persons covered by Poland’s Ukrainian Special Act:
- Minor children of citizens of Ukraine
- Minor children of spouses of citizens of Ukraine.
These minors can now take advantage of the solutions provided by the Ukrainian Special Act (such as legal residence in Poland until 30 September 2025 or the possibility of obtaining a temporary residence permit for family reunification).
Before, both these groups of foreigners were entitled only to general temporary protection under other legal acts.
Source of change:
Effective from: 1 July 2024
Legal residence of citizens of Ukraine (who arrived legally in Poland on or after 24 February 2022 and declare their intention to remain in Poland) has been extended to 30 September 2025.
Previously this period ended 30 June 2024.
Source of change:
Effective from: 1 July 2024
Citizens of Ukraine who were in Poland on 24 February 2022 under a visa-free regime or on the basis of a Schengen visa (C), a national visa (D), a residence document issued by another Schengen state or a temporary residence permit (residence card) will benefit from an extension of these grounds for residence until 30 September 2025, if their validity expires before that date.
However, this does not automatically mean the right to cross the border or the right to travel to other Schengen area states. Each such case should be evaluated individually.
The previous extension was in force through 30 June 2024.
Source of change:
Effective from: 1 July 2024
The period during which citizens of Ukraine holding UKR status can apply for temporary residence permits for the purpose of performing work, including in a higher-skilled occupation and for the purpose of conducting business activity, in a simplified manner (without the need to appear in person at the office, if fingerprints were previously taken when obtaining a Polish ID number), has been extended until 30 September 2025.
During this period, these persons will still be able to obtain permits for one year if they do not meet the prerequisites for their issuance (e.g. the income criterion, or the criterion pertaining to the number of employees when applying for a temporary residence permit for the purpose of conducting business activity).
Source of change:
Effective from: 1 July 2024
A new, previously unavailable solution has been introduced for citizens of Ukraine holding UKR status and who are family members of citizens of Ukraine working or conducting business activity in Poland and holding temporary residence permits on this account. They can also apply for a temporary residence permit for the purpose of family reunification, regardless of the period of their family member’s presence in Poland on the basis of a temporary residence permit.
Source of change:
Effective from: 1 July 2024
Citizens of Ukraine can obtain temporary residence permits for seasonal work, valid for 6 months from the date of the decision.
Before, this possibility was excluded.
Source of change:
Effective from: 1 July 2024
Citizens of Ukraine (including minor children) holding UKR status can obtain residence cards, which, upon issuance, will imply granting of a temporary residence permit for the duration of the card’s validity (a maximum of 3 years from issuance of the residence card).
A condition for obtaining a residence card under this procedure is holding UKR status on 4 March 2024 and on the date of filing the application for the card, as well as holding UKR status continuously for 365 days.
Minor children born in Poland can also take advantage of this procedure, if they hold UKR status on the date of filing the application for a residence card and a card under this procedure has already been issued to their mother.
Once the card is issued, the citizen of Ukraine will lose UKR status. At the same time, however, they will be able to undertake work freely (without the need for notification by their employer) and conduct business activity in Poland.
The details of the new procedure are not yet known (the implementing provisions need to be issued).
Effective from: 1 July 2024
The deadline for applying for issuance of a Polish ID number (PESEL) to a citizen of Ukraine (confirming special status in Poland) has been shortened. Such an application has to be submitted immediately upon arrival in Poland.
However, this deadline is only instructive—there are no negative consequences for failing to submit an application or submitting it late.
Source of change:
Effective from: 1 July 2024
There is a return to the rule of confirming the identity of a citizen of Ukraine when granting a Polish ID number (PESEL) based on a valid travel document (passport).
The obligation to confirm the person’s identity at any commune authority on the basis of a valid travel document within 60 days from issuance of the travel document has also been introduced, if the PESEL number was granted without passport verification.
Only in the case of a large influx of citizens of Ukraine to Poland will it be possible to confirm the identity of citizens of Ukraine on the basis of other documents (as previously).
Source of change:
Effective from: 1 July 2024
An entity entrusting a job to a citizen of Ukraine now has 7 days (instead of the previous 14 days) to submit a notification to the county executive [starosta] (county labour office) via the praca.gov.pl website.
Source of change:
Effective from: 1 July 2024
An entity entrusting a job to a citizen of Ukraine has to indicate in the notification at least the minimum wage (or pro rata reduction in the case of lesser working hours) or the minimum hourly rate. As of July 2024, these amounts are PLN 4,300 gross per month for full-time work or PLN 28.10 gross per hour.
Source of change:
Effective from: 1 July 2024
An obligation has been formally introduced for the employer to submit a re-notification on hiring a citizen of Ukraine within 7 days of a:
- Change in the type of contract (e.g. from an employment contract to a service contract or vice versa; this still does not apply, for example, to a change from a temporary employment contract to a permanent employment contract)
- Change of position or type of work performed
- Reduction in working hours or number of working hours per week or month
- Reduction in the monthly or hourly wage
- The employer’s informing the citizen of Ukraine of granting of a temporary residence permit.
Before, in practice such duties were largely carried out by employers, but they were not explicitly regulated in the act.
Source of change:
Effective from: 1 July 2024
A new obligation has been imposed on citizens of Ukraine: they have to inform their employer that they have obtained a decision granting a temporary residence permit within 7 days from delivery of the decision. This will allow their employers to meet their obligation to submit a timely new notification to the county executive [starosta] (county labour office).
Source of change:
Effective from: 1 July 2024
19.08.2024 It is planned to abandon the separate procedure for extension of the work permit. As before, it will be possible to submit another application for a work permit. The proposed changes provide for a safe harbour. If the application concerns work in the same position or the same type of work and was submitted during the validity period of the previous work permit, the work would remain lawful for the entire duration of the proceedings, until a new work permit is issued.
Source of change:
Planned entry into force: 3Q 2024. The bill has not yet been submitted to the parliament.
19.08.2024 An application for a work permit could only be submitted electronically, using a qualified electronic signature, a trusted signature or a personal signature. Currently, applications can still be submitted in traditional form.
Source of change:
Planned entry into force: 3Q 2024. The bill has not yet been submitted to the parliament.
19.08.2024 It is planned to abolish the “labour market test” (the obligation to obtain information from the starosta about labour market conditions) as part of the procedure for issuing a work permit and certain other proceedings.
Source of change:
Planned entry into force: 3Q 2024. The bill has not yet been submitted to the parliament.
19.08.2024 Further changes to the bill assume that employers applying for a work permit will only be able to entrust work to foreigners if they are employed on the basis of an employment contract. This change therefore stipulates that in the case of work permits, it will no longer be possible to employ a foreigner on the basis of a contract of mandate, contract for specific task or other civil law contract.
However, the above change will not apply to a seasonal work permit.
According to information made available by the Ministry, a similar change is also expected for work permits (including so-called EU Blue Cards), as well as to declarations of entrustment of work, but at this stage provisions in this regard have not been included in the amendment.
Amendment source: Draft amendment of the Act on conditions of admissibility of employment of foreigners within the Republic of Poland
Planned date of entry into force: III quarter 2024. The draft law has not yet been sent to Parliament.
It is planned to extend the catalogue of cases of mandatory refusal of a work permit (also of a seasonal work permit) to cover situations where the circumstances of the case show that:
- The application was made under false pretences;
- The permit will be used for a purpose other than carrying out work for the designated entity; or
- the entity entrusting work fails to fulfil its obligations in relation to the carrying out of activities or the entrustment of work to third parties.
Currently, the above circumstances are optional grounds for refusal of a work permit.
It is also planned to extend the existing catalogue of examples of cases indicating the occurrence of the above-mentioned infringements by the case of the occurrence of justified doubts with regard to the credibility of the employer’s declarations regarding the number of foreigners to whom he intends to entrust work, due to evidence available to the authorities or objective circumstances indicating that the number could be lower than declared.
Source of change: The bill on amending certain laws to eliminate irregularities in the visa regime of the Republic of Poland (no bill yet, only general objectives).
Planned date of adoption of the bill by the Council of Ministers: Q4 2024.
27.09.2024
The catalogue of cases of mandatory refusal of a work permit (also seasonal work permits) is to be extended to cover situations where circumstances show that:
- the application was made under false pretences;
- the permit is to be used for a purpose other than for carrying out work for the designated entity; or
- the entity entrusting work fails to fulfil its obligations in relation to the carrying out of activities or entrusting work to third parties.
The existing catalogue of examples of cases specifying the occurrence of these circumstances is to be extended to include justified doubts about the credibility of the employer’s declarations regarding the number of foreign nationals to whom they intend to entrust work, arising from evidence or objective circumstances [available to the authorities] indicating that the activity conducted by it constitutes no basis for entrusting work to a declared number of foreign nationals.
Source of change: The bill on amending certain laws to eliminate irregularities in the Polish visa regime.
Planned date of entry into force: 1 July 2025
According to the general objectives, the entity entrusting work to a foreigner will be required to notify the provincial governor (Polish: wojewoda) within 7 days, if:
- The foreigner fails to start work within 1 month (instead of the current 3 months) of the initial date of permit validity;
- The foreigner interrupts work for a period exceeding 1 month (instead of the current period exceeding 3 months);
- The foreigner quits work earlier than 1 month (instead of the current 3 months) before the expiry of the permit.
Source of change: The bill on amending certain laws to eliminate irregularities in the visa regime of the Republic of Poland (no bill yet, only general objectives)
Planned date of adoption of the bill by the Council of Ministers: Q4 2024.
27.09.2024
According to the bill, the entity entrusting work to a foreign national will be required to notify the province governor (Polish: wojewoda) within 7 days, if he/she:
- fails to start work within a month of the initial date of permit validity; (such an obligation currently exists if work has not commenced within 3 months of the initial date of permit validity);
- interrupts work for a period exceeding 1 month (such an obligation currently arises, if work has been interrupted for a period exceeding 3 months);
- quits work earlier than 1 month before the expiry of the work permit (such an obligation currently arises if work has ceased earlier than 3 months before expiry of the work permit).
Source of change: The bill on amending certain laws to eliminate irregularities in the Polish visa regime.
Planned date of entry into force: 1 July 2025
The bill envisages deleting foreign nationals with a temporary residence permit issued to study from the current catalogue of persons exempt from having a work permit when they intend to take up employment in Poland.
Source of change: The bill on amending certain laws to eliminate irregularities in the Polish visa regime.
Planned date of entry into force: 1 July 2025
A rule is to be introduced for reviewing work permit applications, having regard for priority of foreign nationals who are to work at companies included in the list of companies running business activities in Poland that are of significant importance to the national economy. The list of such companies is to be maintained by the relevant Minister of the Economy responsible for the IT system.
Source of change: The bill on amending certain laws to eliminate irregularities in the Polish visa regime.
Planned date of entry into force: 1 July 2025
It is planned to extend the catalogue of cases of mandatory refusal of a work permit (also of a seasonal work permit) to cover situations where the circumstances of the case show that:
- The application was made under false pretences;
- The permit will be used for a purpose other than carrying out work for the designated entity; or
- The entity entrusting the work fails to fulfil its obligations in relation to the carrying out of activities or the entrustment of work to third parties.
Currently, the above circumstances are optional grounds for refusal of a work permit.
It is also planned to extend the existing catalogue of examples of cases indicating the occurrence of the above-mentioned infringements by the case of the occurrence of justified doubts with regard to the credibility of the employer’s declarations regarding the number of foreigners to whom he intends to entrust work, due to evidence available to the authorities or objective circumstances indicating that the number could be lower than declared.
Source of change: The bill on amending certain laws to eliminate irregularities in the visa regime of the Republic of Poland (no bill yet, only general objectives).
Planned date of adoption of the bill by the Council of Ministers: Q4 2024.
27.09.2024
It is planned to extend the catalogue of cases of obligatory refusal to enter a declaration on entrusting work to a foreign national (this affects citizens of Armenia, Belarus, Georgia, Moldova and Ukraine) into the register of declarations (and thus effectively the refusal to issue a registered declaration allowing the foreign national to take up work), when the circumstances of the case indicate that:
- the declaration was made under false pretences;
- the statement will be used for a purpose other than for carrying out work for the designated entity; or
- the entity entrusting work to a foreign national fails to fulfil its obligations in relation to the carrying out of activities or the entrusting of work to third parties.
The circumstances are currently optional grounds for a refusal to register a declaration on entrustment of work to a foreign national.
The existing catalogue of examples of cases specifying the occurrence of these circumstances is to be extended to include justified doubts about the credibility of the employer’s declarations regarding the number of foreign nationals to whom they intend to entrust work, arising from evidence or objective circumstances [available to the authorities] indicating that the activity conducted by it constitutes no basis for entrusting work to a declared number of foreign nationals
Source of change: The bill on amending certain laws to eliminate irregularities in the Polish visa regime.
Planned date of entry into force: 1 July 2025
19.08.2024 – change of the draft name
Further changes in the draft Act (currently under the new name: Draft amendment of the Act on conditions of admissibility of employment of foreigners within the Republic of Poland) in relation to the previous version increase the amount of the fine:
- For illegally hiring a foreigner, no less than PLN 1000 per illegal hire
Source of change: Draft amendment of the Act on conditions of admissibility of employment of foreigners within the Republic of Poland
ETIAS is a travel authorisation that will have to be obtained by citizens of visa-exempt countries (benefiting from visa-free travel) traveling to any of 30 European countries. The ETIAS will be valid for up to three years or until the passport expires, whichever comes first.
A foreigner will be able to obtain an ETIAS authorisation through a dedicated application or website to be made available by the European Union. The application will be subject to a fixed fee of EUR 7.
The procedure for obtaining an ETIAS is generally expected to take just a few minutes. However, the application may take longer to process, up to 14 days if the foreigner is called upon to submit additional documents and or up to 30 days if the foreigner is called upon to provide explanations.
Source of change: ETIAS
Planned entry into force: 1H 2025
The European Entry/Exit System (EES) will be an automated information system for registration of non-EU citizens travelling to the EU for short-term stays and crossing the external borders of the EU countries using the system. The system will apply to travellers required to obtain a visa as well as those exempt from obtaining a visa. EES will also make a record of denials of entry.
EES will ultimately replace the stamping of foreigners’ passports and automate border control procedures.
Source of change: EES
Planned entry into force: 1H 2025
30.10.2024
According to the position of the Border Guard Headquarters, in connection with the introduction of the EES system and the discontinuation of stamping with border control stamps, the suggestion is that employers collect a written declaration from foreigners, whom they intend to employ, regarding the remaining period of stay allowed under visa-free travel.
Source of change: Response of the Border Guard Headquarters to the letter from the Lewiatan Confederation of 22 October 2024
A rule is to be introduced for reviewing national visa applications for work purposes, having regard for priority of foreign nationals who are to work at companies included in the list of companies running business activities in Poland that are of significant importance to the national economy.
Source of change: The bill on amending certain laws to eliminate irregularities in the Polish visa regime.
Planned date of entry into force: 1 July 2025
Changes are to be introduced to rules for admitting foreign nationals to higher educational studies whose education and entitlement to apply for admission to higher education are not recognised under the law hitherto in force in Poland (the following documents are currently recognised in Poland: certificates and other documents issued by countries that are signatories of the EEA Agreement, IB diplomas, EB diplomas and certificates as well as other documents recognised on the basis of the rules specified in international treaties). In such cases, foreign nationals will have to meet the following conditions jointly:
- submit a certified educational certificate, together with an administrative decision issued by the director of the Polish National Agency for Academic Exchange (Polish: Narodowa Agencja Wymiany Akademickiej);
- demonstrate during the recruitment process that they have at least B2-level skills in the language of their education in Poland; and
- pass an entrance examination or an interview (this does not apply to applicants for admission to postgraduate studies).
Source of change: The bill on amending certain laws to eliminate irregularities in the Polish visa regime.
Planned date of entry into force: 1 July 2025
It is planned to:
- extend the scope of the POL-on (Integrated Higher Education and Science Information System) by including a database of individuals admitted to higher education who have not been sworn-in as students, and granting the Minister of Foreign Affairs and consuls access to the list of foreign individuals admitted to higher education and the list of students to enable them to oversee and coordinate their activities in this respect;
- introduce a requirement for the governing bodies of Polish higher educational institutions to immediately notify the authority who issued a national visa to any foreign national who has been issued a Polish study visa but failed to actually undertake studies (so far, however, it has not been specified what consequences such notification will have, in particular whether the current visa will be withdrawn or become non-renewable);
- subject non-public higher education institutions to a regime of approval by the Minister of Interior of their intention to admit foreign nationals to take up or continue their studies (i.e. grant these institutions the right to provide education to foreigners).
Source of change: The bill on amending certain laws to eliminate irregularities in the Polish visa regime.
Planned date of entry into force: 1 July 2025
An obligation is to be imposed on the entity entrusting work listed in the temporary residence and work permit to notify the province governor in writing within 15 working days of the foreign national it employs who was granted this permit being laid off. [Employers listed in the temporary residence and work permit are to be obliged to notify the province governor in writing within 15 working days of the foreign national who was granted this permit being laid off] Failure to comply with this obligation will be punishable by a fine. Such notification obligation already rests on the foreign national.
Source of change: The bill on amending certain laws to eliminate irregularities in the Polish visa regime.
Planned date of entry into force: 1 July 2025
It is planned to reduce the catalogue of documents formally confirming a foreigner's knowledge of the Polish language, for example in the case of applicants for a long-term EU residence permit, by removing from the existing catalogue:
-
- A certificate of completion of a post-secondary school in Poland; and
- A certificate of completion of a school corresponding to a post-secondary school abroad with Polish as the language of instruction.
Source of change: The bill on amending certain laws to eliminate irregularities in the visa regime of the Republic of Poland (no bill yet, only general objectives)
Planned date of adoption of the project by the Council of Ministers: Q4 2024.
Plans are being drawn up for introducing electronic submissions of applications for:
- temporary stay
- permanent residence
- residence of a long-term EU resident
Applications together with accompanying formal documents will be submitted via the MOS platform (Case Handling Module). Foreigners will be required to sign their applications with an electronic signature using a qualified signature tool or trusted profile.
Nevertheless, foreigners will still be required to attend (when summoned) the authority’s office in order to provide fingerprints and a specimen signature and to present a valid travel document.
Source of change: Draft Law on Amendments to the Act on Foreigners and Certain Other Acts (UD163) (premises, no draft bill yet)
Planned date for the Council of Ministers to adopt the draft bill: Q4 2024.
It is planned to adopt a list of professions through which a foreigner is recognised as possessing higher professional qualifications, and is thus eligible for an EU Blue Card.
This recognition will be possible when a foreigner has at least three years of experience in a profession included in the list, acquired within the last seven years prior to applying for a temporary residence permit for the purpose of working in a profession requiring higher professional qualifications, or a temporary residence permit for the purpose of mobility of a long-term holder of an EU Blue Card.
Foreigners meeting these conditions will be eligible to apply for one of these residence permits even prior to completing university-level studies or completing five years of professional experience (which is currently required).
The current draft of the list includes professions such as:
- IT and telecommunications manager (e.g. head of an IT department)
- Computer systems analyst (e.g. ICT systems consultant)
- IT systems development specialist (e.g. blockchain technology specialist)
- Designer of web and multimedia applications (e.g. website architect)
- Applications programmer (e.g. mobile app programmer)
- Computer systems analyst, or programmer not elsewhere classified (e.g. healthcare IT worker, or software tester)
- Database or computer network specialist (e.g. database designer).
Source of change:
Planned entry into force: 2Q 2025 (3 months after publication). The bill has not yet been submitted to the parliament.