On 8 November 2021 the Sejm adopted amendments to the Act on foreigners and certain other acts (including the Act on employment promotion and labour market institutions).

The planned solutions are intended to make it easier to obtain work permits and temporary residence and work permits by foreigners.

The legislation is currently being worked on by the Senate.

Major planned changes:

  • Dropped requirement for foreigners to have an ensured place of residence when obtaining a temporary residence and work permit – there will be no need to present e.g. rental agreements or other documents confirming the above-mentioned fact.
  • Dropped requirement for foreigners to have a source of stable and regular income when obtaining a temporary residence and work permit.
  • Changed amount of the minimum remuneration for work received by a foreigner (on the basis of a temporary residence and work permit) – this remuneration is to be no less than the minimum statutory remuneration irrespective of the number of hours worked and the type of contract.
  • Possible provision of work for another employer (change of employer) without the need to obtain a new temporary residence and work permit – a possibility of changing the current single permit in the case of changing the entity that entrusts the performance of work is to be introduced (there will be no need to obtain a new residence and work permit).
  • Deadline for processing an application for a temporary residence permit – to be of 60 days.
  • Modified rules of performing work on the basis of registered declarations on entrusting work to foreigners – citizens of Armenia, Belarus, Georgia, Moldova, Russia and Ukraine:
    • extended possibility to work on the basis of the above-mentioned declaration to 24 months (currently the maximum permitted period is 6 months within the consecutive 12 months) with simultaneous elimination
      of the 12-month “settlement period”;
    • introduced requirement to ensure remuneration for foreigners in the amount not lower than remuneration for employees performing work of a comparable type or on a comparable position.
  • Introduced special rules for granting a temporary residence permit for foreigners who submitted an application in this regard before 1 January 2021 and the proceedings have not yet been completed.

MDDP can help you in the organisation of employment of foreigners, e.g. with regard to:

  • labour legalisation: obtaining information from the head of the county (starosta), work permit, registration of declarations;
  • residence legalisation: providing support in visa processes, obtaining temporary and permanent residence permits, registration of residence of EU citizens, conducting the procedure of granting Polish citizenship;
  • residence registration;
  • obtaining PESEL personal identification numbers.

MDDP lawyers and tax advisors will advise you on all issues related to employment of foreigners. We can assist you in choosing the best form of employment and path of legalisation of employment and residence of foreigners. We resolve tax and insurance issues. We provide support in implementing internal global mobility procedures.

***

If you are interested in obtaining further information and their impact on your activity please contact with:

Leave a Reply

Your email address will not be published. Required fields are marked *

Post comment