In recent months, voivodeship offices have begun issuing a specific type of administrative decision in cases concerning temporary residence and work permits. This is related to amendments to the Act on Foreigners, which entered into force on January 29, 2022. Among the numerous regulatory changes brought about by this amendment, it is worth considering the specific procedure for concluding proceedings, introduced by Article 8 of the Act of December 17 amending the Act on Foreigners and certain other acts. This provision obliges a public administration body to issue a decision granting a permit to a foreigner for whom proceedings were initiated before January 1, 2021, and a final decision has not been issued. The cases in which a permit is refused have been specifically defined and include:
- The foreigner is entered on the list of foreigners whose stay on the territory of the Republic of Poland is undesirable;
- The Foreigner's data are in the Schengen Information System;
- The granting of a permit is opposed by reasons of national defence, state security or security protection or obligations arising from ratified international agreements binding on the Republic of Poland.
The introduction of this special procedure for issuing temporary residence and work permits was intended to streamline procedures and accelerate proceedings. These changes are very beneficial for foreigners who have been waiting for a permit for a long time, and as a result, they receive their residence card more quickly than if the ongoing proceedings were still conducted "traditionally."
Decisions issued under this procedure are different because the decision itself is accompanied by a declaration regarding the entrustment of work to the foreigner. For the foreigner to receive a residence card, their employer is required to complete this declaration. The content of the declaration resembles Annex 1, which is completed by the employer when applying for a residence card. This declaration requires providing the foreigner's personal data, information about the date and authority issuing the decision, information about the entity entrusting the work, and detailed information about the work entrusted to the foreigner (position, place of work, legal basis for the work, working hours, proposed remuneration, scope of basic duties, and the period of time the work will be performed). If the decision under this procedure was issued by an appellate body, i.e., the Head of the Office for Foreigners, the declaration from the entity entrusting the work should be forwarded to the first-instance body before which the proceedings were conducted.
This alert is for informational purposes only and does not constitute legal advice.
