Major changes in the rules of employing foreigners | PRO HR January 2022

2022.01.13

The validity of declarations on entrusting work to a foreigner is extended to 24 months. The currently required period of the break in employment on the basis of the declaration is also to be eliminated if the period of performing work by the foreigner on the basis of this declaration or several different declarations exceeded in total 6 months over the past 12 months.

The work permit procedure will be faster in selected cases. Priority is to be given to cases of foreigners performing work for entrepreneurs conducting activities of strategic importance to the national economy. The entity competent to determine the activities of strategic importance will be the minister responsible for economy.

Foreigners will be able to change the combined temporary residence and work permit in more cases. The permit can be updated, for example, if the foreigner decides to switch employers during the term of validity of a residence permit extended for the purpose of working for another employer. Currently this is not possible and in such a situation the foreigner must apply for a new permit. 

The rules for applying for temporary residence and work permits will also change. Foreigners will not have to demonstrate that they have a source of stable and regular income and place of residence in the territory of Poland. In exchange for that, the amount of remuneration proposed by the employer cannot be lower than the minimum working wage regardless of the working time and type of legal relationship forming the basis for doing work.

In addition, foreigners whose proceedings to issue a temporary residence and work permit were launched prior to 1 January 2021 and have not ended as of the date of enacting the foregoing act will receive a temporary residence permit provided these foreigners meet the requirements prescribed by the act.

Find more in the PRO HR January 2022.