Documents legalizing work and stay will not be extended | PRO HR Alert

2023.06.23

As of July 1, 2023, the state of emergency introduced in connection with COVID-19 will be revoked. This means that all residence permits and work permits whose validity has been extended with the so-called "covid fiction" will remain valid only until July 31, 2023.

Employers who employ foreigners staying in Poland on a "covid fiction" should make sure that, not later than July 31 , these foreigners legalize their residence status, for example, by submitting a proper application for a temporary residence permit. Otherwise, their stay will be illegal. The above, however, does not apply to citizens of Ukraine, whose stay has been extended by the Ukrainian special law.

Employers must also pay attention to work permits. In case of employing a foreigner on a document with extended validity, steps should be taken now and employer must obtain a new permit. It also applies to holders of PBH visas with a right to work. Disregarding residence permit application, they lose a right to work.

Ukrainian citizens with legal residence in Poland until March 4, 2024

The stay of Ukrainian citizens staying in Poland under temporary protection (UKR status) will be extended until March 4th, 2024.

Similarly, the validity periods of residence permits, national and Schengen visas and visa-free regime held by Ukrainian citizens will also be extended until March 4th, 2024.

Despite retaining right of residence, the right to work must be secured

Extending a right to stay of Ukrainian citizen does not remove the obligation of employers to notify the labour office about entrustment of work. In order for a citizen of Ukraine to work legally in Poland, employer is obliged to notify the competent labour office within 14 days from commencement of work. Notification must also be made each time if, among others, the job role has changed or employment contract is extended.