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Work in Poland. Changes for companies employing foreigners – from August 1, 2023

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On Tuesday, the extended periods of entitlements, validity of documents and extended deadlines for the performance of certain activities by foreigners will expire. The reason is the end of the state of epidemic threat in Poland.

Crido reminded that employers employing foreigners, if they want to continue cooperation, must make sure that whether in the period after July 31, 2023 they have the appropriate documents confirming the foreigner’s legal residence and right to work. “Foreigners residing in Poland on the basis of the so-called extended documents must ensure the legality of their stay and take appropriate steps, e.g. submit an application for residence on July 31 at the latest” – it was emphasized.

Changes for employing foreigners

Crido explained that in the current legal status, a number of provisions of the Act of March 2, 2020 on special solutions related to the prevention, counteracting and combating of COVID-19, other infectious diseases and crisis situations caused by them apply. However, on July 1, 2023, the state of epidemic threat was canceled due to SARS-CoV-2 virus infections.

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Therefore, on July 2, 2023, the 30-day periods specified in the regulations began to run. “These deadlines will expire at the end of July 31, 2023, therefore the effect of extending certain rights, validity of documents or deadlines for performing activities will end at the end of that day” – indicated Crido.

The extension will cease to apply, among others:

  • periods of validity of temporary residence permits and residence cards expiring in the period from March 14, 2020 (during the state of epidemic threat or state of epidemic),
  • periods of stay and periods of validity of national visas in cases where the last day of the period of stay on the basis of such visas would fall in the period from March 14, 2020,
  • the deadlines for leaving the territory of Poland falling out during the state of epidemic threat or state of epidemic,
  • periods of validity of Polish identity documents of a foreigner falling out during the state of epidemic threat or state of epidemic,
  • periods of validity of “permit for tolerated stay” documents falling out during the state of epidemic threat or state of epidemic,
  • recognizing the stay of foreigners on the territory of Poland as legal under the law, if on March 14, 2020 they stayed in Poland on the basis of short-term residence titles.

Crido drew attention to the situation of Poland Business Harbor visa holders. “After the visa expires, employment on the basis of a Polish civil law contract and running a business may be continued, provided that the foreigner obtains the appropriate residence title.

At the same time, it was reminded that “the mere submission of an application for a permit does not allow the continuation of the purpose of stay while waiting for the decision (after the visa expires)”.

The “Poland. Business Harbor” program was launched in September 2020. It is a package of solutions aimed at attracting specialists and companies from the IT industry to Poland.

Citizens Ukraine those covered by temporary protection in connection with military operations in Ukraine have legal stay in Poland until March 4, 2024, in some cases it may be longer.

Main photo source: Shutterstock

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