Changes in immigration regulations
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.
The minimum period for which a contract must be concluded with a foreigner to apply for an EU Blue Card in Poland is to be shortened to 6 months (currently it is one year).
Source of change:
Planned entry into force: 2Q 2025 (3 months after publication). The bill has not yet been submitted to the parliament.
It is planned to allow seasonal workers to apply for an EU Blue Card as well. Currently, the status of a seasonal worker is grounds for refusing to initiate proceedings for issuance of an EU Blue Card.
Source of change:
Planned entry into force: 2Q 2025 (3 months after publication). The bill has not yet been submitted to the parliament.
Holders of the EU Blue Card are to obtain the right to operate a business in Poland on the same terms as Polish citizens (as a sideline, apart from the employment that is grounds for issuance of the permit). Currently, EU Blue Card holders must obtain a separate permit to run their own business.
Source of change:
Planned entry into force: 2Q 2025 (3 months after publication). The bill has not yet been submitted to the parliament.
The decision to grant an EU Blue Card would no longer identify a specific employer, position, and terms of employment.
The decision would indicate only the period of validity of the permit and state that the foreigner can work at a job requiring higher professional qualifications, for a specified remuneration.
This means that during the period of validity of the EU Blue Card, the holder could freely change employers, positions and other working conditions (including working hours). Currently, depending on the type of change, this is not permissible, or requires amendment of the permit or notification to the province governor [wojewoda].
Source of change:
Planned entry into force: 2Q 2025 (3 months after publication). The bill has not yet been submitted to the parliament.
It is planned to shorten the list of changes about which the holder of an EU Blue Card will have to notify the wojewoda who issued the permit (within 15 working days of the given change).
It will still be necessary to notify the wojewoda of:
- Loss of work
- Ceasing to meet other requirements of the permit
- Change in the employer.
Source of change:
Planned entry into force: 2Q 2025 (3 months after publication). The bill has not yet been submitted to the parliament.
Planowane jest wprowadzenie dodatkowego okresu, w którym cudzoziemiec po utracie pracy będzie mógł szukać nowego zatrudnienia w Polsce, zanim zostanie wydana decyzja o cofnięciu mu Niebieskiej Karty UE.
Cudzoziemiec, w stosunku do którego zostało wszczęte postępowanie o cofnięcie Niebieskiej Karty UE, będzie miał na szukanie pracy co najmniej 3 miesiące od momentu wszczęcia tego postępowania (a nie, jak dotychczas, od momentu utraty pracy), w okresie ważności Karty, jeżeli przebywał na terytorium Polski krócej niż 2 lata.
Jeśli cudzoziemiec przebywał w Polsce co najmniej 2 lata, okres ten ma wynosić 6 miesięcy.
Source of change:
Planned entry into force: 2Q 2025 (3 months after publication). The bill has not yet been submitted to the parliament.
It is planned to introduce a new type of temporary residence permit, increasing the mobility of EU Blue Card holders. With the proposed new permit, a holder of a Blue Card issued by another EU country could also work in Poland at a job requiring higher professional qualifications.
The new permit could be obtained by a foreigner who:
- Holds an EU Blue Card issued by another EU member state
- Has concluded a contract (e.g. employment or service contract) for a period of at least 6 months
- Has health insurance in Poland, and
- Receives appropriate remuneration in Poland (required for applicants for an EU Blue Card in Poland).
Based on the new permit, family members of a foreigner residing in Poland could also apply for a temporary residence permit for purposes of family reunification.
Source of change:
Planned entry into force: 2Q 2025 (3 months after publication). The bill has not yet been submitted to the parliament.
29.08.2024
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.
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: EES
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