The Newest Amendment to the Act on Foreigners. Part II

On Jan 29th, 2022 the latest amendment to the Act on Foreigners and some other acts related to the legal situation of a foreigner in Poland will come into force. We comment further changes in the proceedings for granting a temporary, permanent and EU long-term residence permits.

7. Appeal Decision on Granting Temporary, Permanent and EU Long-term Residency to be issued within 90 days

How it was so far: Until now, the Head of the Office for Foreigners, pursuant to Article 35 § 3 of the Code of Administrative Procedure, had one month for issuing a decision in the appeal procedure, counted from the date of handing over the files by the Voivode together with the appeal letter. In practice, these procedures lasted on average 2-3 years.

How it is about to be: According to the newest regulations, the second instance authority will have 90 days to issue a decision. Polish legislator introduced a special provision in relation to the general one regulating the time of administrative proceedings. Will the new, longer deadline be respected by the Head of the Office for Foreigners? Time will tell.

8. The Voivode’s Decision on Granting a Permanent and EU Long-term Resident Permit to be Issued within 6 Months

How it was so far: Until now, Voivodes had 90 days to issue a decision.

How it is about to be: According to the new regulations, the first instance authority will have 6 months to issue a decision from the moment of taking fingerprints from the foreigner and completing all formal and material defects of the application.

9. Organizing the Regulations in Proceedings Where Foreigner does not Submit the Application in Person

How it was so far: In principal foreigner is obliged to submit an application for temporary residency in person. When the proceedings regarding the legalization of stay concern a foreigner who wants to join a foreigner – his or her family member legally residing in Poland – the application can be submitted by the husband/ wife/ parent of the foreigner applying for residence permit. Similar provisions do not apply to a foreigner who wants to join his family member who Polish citizen.

How it is about to be: On behalf of the foreigner, the application may be submitted not only by a family member – a foreigner with a valid residence permit in Poland, but also by Polish citizen, EU citizen or citizen of the United Kingdom who is a beneficiary of the Withdrawal Agreement.

10. New rules for Summoning Foreigners to complete the deficiencies in documentation in the residency procedure

How it was so far: Under the general provisions of the Administrative Procedure Code, the authority is required to indicate to the party of the proceedings whether and if so, which conditions have not been met for issuing a decision in accordance with the applicant’s request – i.e. granting residence permit.

How it is about to be: The newest amendment to the Act on Foreigners includes a new provision that details the regulation resulting from the provisions of the Code. If the foreigner has not submitted all the required documents for granting the permit the Voivode or the Head of the Office for Foreigners summons him/ her to complete the deficiencies within 14 days or longer.

11. Further changes in employment conditions do not require to apply for change or new work TRC

How it was so far: According to the current wording of the Article 119 of the Act on Foreigners, the change of an employer’s headquarters, name or legal form of the employer or the takeover of the employer or its part by another employer, or the transfer of the workplace or its part to another employer, or the replacement of a civil law contract by an employment contract did not require a change or issuance of a new work TRC.

How it is about to be: From now on also changing the foreign employee’s position, while maintaining the scope of his/ her duties or increasing the working time with a proportional increase in remuneration, will also not require a change or issuance of new work TRC.

12. Application for work TRC change to be submitted on the form

How is was so far: The foreigner who wanted to change the employer had to submit a new application for a temporary residence and work permit in Poland.
How it is about to be: Changing work TRC will be initiated by the foreigner submitting an application for a change of the granted permit on a special form, which will soon be available on the websites of Voivodes. The body conducting the proceedings will have 60 days to issue a decision on changing work TRC.

Source: The Act of December 17, 2021 amending the Act on Foreigners and certain other acts

4 responses to “The Newest Amendment to the Act on Foreigners. Part II”

  1. What about contact?
    If foregnier is working on 1/2 etat(1510zt) can he/she will get positive decision

    1. Part time or full time – does not matter – until the salary per month is equal to min. PLN 3 010 gross (in 2022).

  2. If who’s case Is on court proceedings, after refusal from Head office too and than arrived back by taking new Schengen Visa for Poland and is it possible to apply now for new case and then withdraw old case or need to wait for the update?

    And is there any confirmation from court given to the Lawyer or a person who’s case on going in Court Proceedings?

    1. Yes, it is possible to apply for new residence title.

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