Legalization of stay in Poland. Legalization of employment in Poland. May 1st, 2014 new immigration rules (Aliens Act) relating to the entry and stay of foreigners in Poland entered into force, replacing the previously applicable Act of 13th June 2003.
The significant changes introduced by the new Act provide the possibility of obtaining both work and residence permit by a foreigner in a single legalization procedure. Previous regulation reguired from foreigner to take part in a two-step procedure.
First, employers of foreigners in Poland were required to obtain work permit. After receiving work permit a foreigner could legaly stay in Poland by obtaining a visa with permission to work or residence permit for a specified term.
Currently, these two documents (work and residence permit) will be replaced by a single document obtained in the course of a single procedure, based on a request submitted by a foreigner.
Another advantage is that the foreigner applying for a temporary residence permit on the basis of the new rules will not have to present the legal title to the occupied premises. It will be sufficient to demonstrate that it has secured residence in Poland.
The new law also provides the extension of the maximum period for which a temporary permit may be issued from 2 to 3 years. An application for a temporary residence permit can be submitted by the foreigner at a time of legal residence on Polish territory in a convenient time but not later than the last day of legal residence in Poland. In terms of the previous legislation the application for extension of stay had be made at least 45 days before the end of validity of the visa or residence permit for a specified term.
Changes in immigration law are the right direction (in particular the introduction the one procedure for obtaining work and residence permit) for those who look ito legalization of stay in Poland. However, we may expect that due to the specificity of the new immigration rules authorities will work less efficiently, and the procedure will last much longer than before. For this reason, it is advisable that the necessary procedures for the legalization of residence / employment of foreigners in Poland and their extension were initiated by foreigners or their employers well in advance, with the support of the relevant Law Office having knowledge and experience in dealing with immigration issues.