On 29 January 2022, the act of 17 December 2021 on amendments to the Aliens Act and certain other acts came into force. The amendment provides for a number of facilitations for foreigners staying in Poland for work. These changes will also be beneficial for Polish employers.

Special regime for the change of residence and work permit

The amendment of the act introduces the possibility of changing the temporary residence and work permit in the event of a change in the entrusting entity and in the case when a foreigner receives an exemption from the obligation to have a work permit stipulated by separate regulations.

From 29.01.2022, a foreigner who holds a temporary residence and work permit, and:

• intends to change the entrusting entity; or
• has obtained an exemption from the obligation to have a work permit,

he may apply for a change to his temporary residence and work permit.

In order to obtain a change of residence and work permit, a foreigner must submit:

• application for change of temporary residence and work permit,
• Annex 1 to the application for a temporary residence permit. Important: specify the period of entrustment as in the decision, as the period of validity of the amended permit cannot be changed/extended,
• other documents necessary to confirm the data contained in the application and the circumstances justifying the change of temporary residence and work permit (e.g. information from the mayor).

The change of the temporary residence and work permit entails the obligation to pay a stamp duty of PLN 220.

Significant changes in the procedure for granting temporary residence and work permit

In applications for a temporary residence and work permit submitted from 29.01.2022:

• a foreigner's monthly salary cannot be lower than the minimum wage for work, regardless of the length of working time and the type of legal relationship that is the basis for the work performed by the foreigner, and therefore also in the case when the foreigner will perform part-time work (in 2022 the minimum wage for work is PLN 3010 gross);
• a temporary residence and work permit is not required to confirm the foreigner's possession of a secured place of residence in Poland (important: local jurisdiction still applies – the foreigner submits an application for legalization of residence to the Voivode competent for his / her place of residence, the so-called Life Centre. A foreigner submits an application under criminal liability under Article 233 of the Criminal Code for making false statements),
• a foreigner will be released from the obligation to provide information to the mayor if he has obtained a work permit or a temporary residence and work permit (from the same employer in the same position) and this permit is valid on the day of the decision on granting a temporary residence and work permit.

Amendment concerning the examination of remuneration in the procedure for granting a temporary residence permit for the purpose of carrying out work in a highly qualified profession (Blue Card)

In applications for a blue card authorisation submitted from 29.01.2022, the annual gross remuneration resulting from the monthly or annual remuneration specified in the contract may not be less than the equivalent of 150% of the amount of the average salary in the national economy announced by the president of the Gus pursuant to Article 20 (1) (a). a of the law of 17 December 1998 on pensions from the social insurance fund in the year preceding the application for this authorisation, and not, as before, in the year preceding the conclusion of the employment contract.

Legal basis: act of 17 December 2021 on amendments to the Aliens Act and certain other acts (Journal of laws of 2022, item 91)

Note: the amendment does not make any changes regarding the possibility of applying for a change to a blue card.

Legal basis: act of 17 December 2021 on amendments to the Aliens Act and certain other acts (OJ L 2022, P. 91)