29 01 2018

Earlier, we have already written about the proposed amendments to the Act on foreigners, including new types of residence permits (ICT). The regulations have already taken shape and will come into force on February 12, 2018. Foreigners will thus be able to benefit from regulations facilitating the mobility of employees transferred within the EU.

What else can we expect from the next amendment to the Act?

There is additional facilitation for those applying for a uniform residence and work permits. Graduates of Polish universities as well as foreigners staying for 3 years legally and continuously in Poland will not have to, under certain conditions, present a positive labor market test. Those that will still need to follow that requirement will be able to attach the labor market test throughout the whole proceedings.

Graduates of Polish universities applying for residence permits in order to look for a job will be able to obtain such permission only once, immediately after completing their studies.

An important change regarding the next category of residence permits is the condition of knowing the Polish language. It will apply to those who will be willing to obtain long-term EU resident status. The knowledge of the Polish language can be confirmed by official certification or by the fact of graduating from a university with a Polish language of instruction.

Significant changes also appear in the provisions regarding the foreigner’s obligation to return, in particular as regards the cancellation of the entry ban.

Until now, the foreigner could have applied for the withdrawal of the entry ban immediately after executing the return decision (after returning to the country of origin). Now, as a general rule, it will not be possible to revoke the entry ban before the expiration of at least half of the period for which it was imposed. The ban can be withdrawn earlier only in special circumstances.