Question & AnswerQ&A (POEA Advisory No. 22)
The new Act on Foreigners aims to govern the rules of entry and residency of foreigners in Poland, simplify immigration procedures, especially for those already legally residing in Poland, and comply with EU legal requirements.
The Act allows a foreigner employed in Poland to apply for a residence and work permit through a single procedure, whereas previously the employer had to apply for the work permit first, then the foreigner could apply for a residence permit.
No, the employer still has the possibility to obtain a work permit for a foreigner, even though the new immigration law allows the foreigner to apply for a visa to work in Poland independently.
The maximum period for a temporary residence permit has been extended from two years to three years under the new Act.
A foreigner may submit an application for a temporary residence permit at any time during their legal stay in Poland, rather than only within 45 days before the expiry of their visa or current residence permit as previously required.
If a foreigner fails to leave within thirty days, the Border Guard will issue a decision obliging the foreigner to return to their country of origin, but the foreigner will not be forced to stay in detention while the decision is implemented.
Alternative measures include cash security, passport deposit, or an obligation to stay in a specific place. Detention is considered a last resort.
The Act provides for assistance in voluntary return, facilitating the process for foreigners who opt to go back to their country of origin.
The Border Guard can grant humanitarian protection or consent for tolerated stay based on grounds such as family bonds in Poland or the situation in the foreigner's country of origin, protecting against deportation.
The Act introduces provisions that afford permits to victims of human trafficking, providing them legal stay and protection in Poland.