24 January 2018

POLAND: Significant update on immigration regulations

Effective January 2018,  the Polish Government has introduced substantial changes to the immigration regulations. The main changes include:

  • Nationals from Armenia, Belarus, Georgia, Moldova, Russia and Ukraine now must pay a fee of 30 PLN to apply for a work permit exemption. Previously this was free of charge;
  • Further to the above mentioned point, employers of these nationals must notify the Labour Office of the first day of work prior to the first day of work otherwise they might face a penalty;
  • Those applicants that are subject to labour market testing must submit their diploma and a reference letter. Their educational background and qualifications must be consistent with what the employer has declared previously in the Work Force Demand application submitted;
  • Employers will have to submit a statement moving forward confirming that they have not been convicted of crimes or fraud.

These aforementioned points all put the employer at a detriment either administratively or financially however one good item to come out of the changes is an eased registration process for all foreign nationals, including non-EU. Moving forward they can receive their personal identification number (social security number), otherwise known as PESEL, at the local town hall whereas previously non-EU foreign nationals had to obtain this number via a separate procedure.

The authorities also announced that they would shortly be looking to implement additional changes in February:

  • An alternative permit to the ICT (intra company transferee) permit will be introduced; it will be a new permit type specifically directed at secondment of non-EU workers within the EU by a non-EU employer;
  • A Polish language requirement will be implemented for those making a permanent residence application.

How does this affect the client?

Most of the new requirements will increase lead times for employers in Poland as additional administration will be required. Employers should also ensure that their processes are updated to take account of the new changes in order to ensure a smooth transition.


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