Extension and Flexibility of Temporary Residence Permits
- The maximum duration of a temporary residence permit has been extended from 2 years to 3 years.
- Foreigners can apply for this permit at any time during their legal stay in Poland.
- The previous requirement to apply 45 days before visa or residence permit expiry has been removed.
Obligations and Measures Upon Refusal or Loss of Residence Rights
- Foreigners denied residence or protection rights, or who lose such rights, must leave Poland within 30 days from the final refusal decision.
- If they fail to depart within this period, the Border Guard will issue a return order.
- Foreigners will not be automatically detained while waiting for the return decision to be executed.
- Alternative measures to detention include cash security, passport deposit, or residence at a specified location.
- Detention is considered a last resort measure.
Humanitarian Protection and Special Permits
- The Border Guard may grant humanitarian protection or tolerated stay when grounds such as family ties or conditions in the country of origin justify protection against deportation.
- The law introduces permits specifically for victims of human trafficking, providing them with legal protections.
Background and Purpose of the New Act
- The New Act on Foreigners replaced the previous 2003 Aliens Act.
- Enacted to align Poland’s immigration policies with EU requirements.
- Aimed at simplifying immigration procedures, particularly for legally residing foreigners.
- Took effect on 1 May 2014 following signature by the President on 27 December 2013.
This summary highlights critical legal concepts, procedural changes, rights, and protective measures introduced by the new Polish immigration law relating to foreign workers.