Changes in regulations concerning residence permits in Poland

On 29th January 2022, the regulations of the amended act on foreigners will enter into force. The main changes concern the simplification of the procedure for granting temporary residence and work permits to foreigners, including:

- for applications to be submitted from 29/01/2022

  • resignation from requirement regarding confirmation of accommodation and the requirement to have a source of stable and regular income to grant a temporary residence and work permit in favor of the requirement that the foreigner receives salary not lower than the minimum salary for work, regardless of the working time and type of contract concluded by foreigners,
  • introducing a new mode of amendment of a temporary residence and work permit when changing the entity entrusting work performance or when changing the conditions of exemption from the obligation to have a work permit
  • upgrading the list of circumstances that do not require amendment of the temporary residence and work permit,
  • introducing a solution accelerating the obtaining of a temporary residence and work permit by foreigners who intend to work in entities of particular strategic importance for the Polish economy,
  • exemption from the requirement of the Labour Market Test, when the foreigner has obtained a work permit or a permit for temporary residence and work for the same employer and the same position after submitting the application and has it valid when granting the temporary residence and work permit,

- for applications submitted before 01/01/2021 and pending until 29/01/2022

The Act introduces also other changes, including:

  • reference to salary as a requirement for granting a temporary residence permit for the purpose of performing work in a profession requiring high qualifications to the average salary in the year preceding the submission of the application for this permit, and not in the year preceding the conclusion of the contract for the performance of work,
  • introducing the basis for making instructions regarding the rights and obligations and the form of procedure in the electronic form,

More information on the website of the Office for Foreigners.

Legal basis: Act of 17 December 2021 amending the Act on foreigners and certain other acts (Journal of Laws of 2022, item 91)

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