The current SARS-CoV-2 pandemic is affecting all sectors of the economy. Entrepreneurs who rely on non-Polish workers may feel the specific effects of the epidemic. Many foreigners, primarily those from beyond the eastern border, left Poland at the very beginning of the threat, and it is estimated that several hundred thousand Ukrainian citizens will return to their homeland in the near future. The current "Anti-Crisis Shield" has introduced significant changes to the procedures for legalizing the work and residence of foreigners, which may protect entrepreneurs from losing experienced employees.
This article contains an analysis of the normative provisions prepared by our law firm's Legalization Department. The interpretation contained therein of the regulations contained in the Act of March 31, 2020, amending the Act on special solutions related to the prevention, counteraction, and combating of COVID-19, other infectious diseases and the resulting crisis situations, and certain other acts (Journal of Laws 568) (hereinafter referred to as the "Special Act" ), regarding the legality of foreigners' stay in Poland, demonstrates positive procedural effects occurring by operation of law, constituting a significant convenience for both foreigners and the businesses employing them.
As part of the so-called "Anti-Crisis Shield," several solutions have been implemented that are important for employers employing foreigners. The most important are the extension of the validity of Type A work permits and declarations of entrustment of work to foreigners. These, alongside uniform temporary residence and work permits, are the most common documents used to establish employment relationships with foreigners. Therefore, the legal solutions related to these permits are of interest to businesses employing non-EU citizens.
With the introduction of a state of epidemic threat in the territory of the Republic of Poland on March 14, 2020, permits and declarations whose last day of validity fell after that date were extended by operation of law. The extension of employment legality lasts until the 30th day after the date of lifting the current state of epidemic or state of epidemic threat (Article 15zzq, sections 1 and 3 of the Special Act). Thanks to this solution, entrepreneurs do not have to worry about legal issues related to employing foreigners during the SARS-CoV-2 pandemic.
Legal employment requires legal residence for the foreigner. The solutions in this regard, as set out in the Special Act, can be divided into two categories: the extension by operation of law of residence periods, the validity of temporary residence permits, and national visas, and the extension by operation of law of deadlines for submitting applications for the legalization of residence.
In a similar manner to the solutions regarding the legality of employment, the Special Act provides for a situation where the last day of the period of stay based on a national visa falls during a state of epidemic threat or state of epidemic – this period, as well as the validity period of the visa, is extended by operation of law to the 30th day following the date of revocation of the last state in force (Art. 15zd sec. 1 of the Special Act). The above solution has also been applied to temporary residence permits (Art. 15zd sec. 3 of the Special Act).
No administrative decisions will be issued regarding the legality of either work or residence, and no official confirmation of the extension of the legality of residence will be required. Importantly, the Special Act, in Article 15zd, paragraphs 2 and 4, expressly excludes the legal basis for state administration bodies to issue new residence cards and visa stickers in travel documents in the current situation.
to extension, although not ipso jure . If a foreigner resides in the territory of the Republic of Poland on this basis, and the last day of their legal stay falls during a state of epidemic threat or epidemic, their stay during either of these states is considered legal provided they apply for a temporary residence permit before leaving Poland. In such a case, they should apply for a permit due to circumstances requiring a short-term stay.
Another special solution regarding the legality of stay is the extension by operation of law of the deadlines for submitting applications for temporary residence permits, permanent residence permits, and long-term EU resident permits. The legal regulations contained in Article 15z of the Special Act stipulate that if the deadline for submitting an application for these permits falls during a state of epidemic threat or epidemic, it is extended until the 30th day following the date of revocation of the last state in force. It should be noted that during the extended deadline, the foreigner's stay in the territory of the Republic of Poland will be considered legal only if the foreigner submits the application within that deadline.
As you can see, the special solutions regarding the legality of both work and residence for foreigners during the epidemic, and above all, the proposed deadlines, are remarkably similar. It is crucial to correctly interpret the provision repeated in the cited regulations: "until the 30th day following the date of revocation of the last state of emergency ." Observing the development of the situation related to the spread of the SARS-CoV-2 virus, it can be expected that after the state of emergency is lifted, a state of epidemic threat will remain in force in Poland. Only after this emergency has ended, and then after 30 days, will applications and requests be able to be submitted.
Given the extremely dynamic developments surrounding the spread of the SARS-CoV-2 virus, access to information is highly desirable. The Masovian Voivodeship Office's information efforts deserve recognition. It notifies foreigners who submitted applications before the outbreak of the epidemic via telephone (SMS) about the suspension of in-person services, along with comprehensive information on required documents, assurances of scheduled in-person appearances after the state of epidemic or epidemic threat has ended, and information about the publication of current announcements on the Office's website.
Despite the implementation of the solutions outlined above, many foreigners feel discomfort due to uncertainty about the legality of their stay and work. This, combined with concerns about their health and job security, is causing our law firm's Legalization Department to receive an unprecedented number of inquiries regarding this matter. It's important to remember that the extensions to the deadlines for submitting applications do not in any way preclude the possibility of submitting these documents within the previously set deadlines. These applications will not be processed at this time, but submitting them promptly will allow businesses to operate more efficiently after the pandemic subsides and prevent a sudden increase in bureaucratic issues.
It should be noted that due to the unpredictable nature of the spread of the SARS-CoV-2 virus, it is only possible to forecast the end date of the epidemic and the effects it will have on the Polish labor market. It is highly probable that the anticipated increase in unemployment will be an obstacle to the employment of foreigners – particularly in positions not exempt from the requirement to obtain notification from the district governor. At the same time, given that the COVID-19 epidemic is global in nature and its economic impact will be felt worldwide, there may be a significant influx of foreigners from less economically developed countries interested in working in Poland.
We hereby inform you that the solutions presented in this article are temporary, and that after the current situation subsides, the legal environment will continue to pose a barrier for many foreigners and their employers. Given the upcoming changes in the labor market, we recommend developing long-term employment plans and ensuring the legality of your employees' work. Should you encounter difficulties with employment legality due to the pandemic, please contact our Legalization Department Leader, attorney Paweł Kaczorek.
![Paul Kaczorek](https://kglegal.pl/wp-content/uploads/kaczorek-pawel.webp "Special solutions for foreigners included in the "Anti-Crisis Shield" 1")
