Poland | Immigration | Repeal of COVID regulations


January 25, 2023

25 January 2023

Immigration

Poland | Repeal of COVID regulations

Impact: High

Summary

The new amendment of the Polish Act on support to Ukrainian citizens in connection with the armed conflict on the territory of this State assumes that the Covid regulations allowing for extensions of certain immigration documents and procedures will cease to apply as of 24 August 2023.

What is more, the regulations may no longer be applicable even sooner – as of 1 May 2023, if the Act on special solutions related to the prevention, counteraction and combating of COVID-19, other infectious diseases and crisis situations will expire.

The Detail

On 24 January 2023, the President signed the amendment to the Polish Act on Support to Ukrainian citizens in connection with the armed conflict on the territory of this State (Special Act).

One of the changes of the Special Act is the repeal of the provisions of the  Act on special solutions related to the prevention, counteraction and combating of COVID-19, other infectious diseases and crisis situations caused by them (Covid Act). The Special Act assumes that the provisions allowing the automatic extension of certain immigration documents and procedures will cease to apply as of 24 August 2023.

Documents and procedures which will no longer be in place are, inter alia:

  • possibility of filing the residence permit applications after the expiry of the current documents
  • extension of validity of the Polish national visa
  • extension of validity of the Polish temporary residence permits
  • extension of the legal stay in Poland based on:
    • Schengen visa issued by another Schengen State
    • residence permit issued by another Schengen State
    • visa free regulations
    • long term (national) visa issued by another EU Member State, if allows to stay in Poland
    • residence permit issued by another EU Member State,  if allows to stay in Poland
  • extension of validity of the residence cards
  • extension of validity of the foreign national’s temporary identity certificates.

It should be underlined that some of the legal stay is extended only if the residence permit application is filed in Poland after the document’s expiration date (e.g. Schengen visas issued by another Schengen State).

What is more, the Covid Act and the regulations listed above may no longer be applicable even sooner. Current  Covid Act is assumed to be applicable until 31 March 2023. It means that the regulations extending the immigration documents and procedures may cease 30 days after that date, i.e. on 1 May 2023, unless the state of epidemic or pandemic threat is prolonged.

What this means

The employers should verify the immigration status of its employees and make sure that all of them hold proper and valid work and stay authorizations. Noncompliance may lead to illegal employment and severe penalties, including the ban for employment of foreign nationals in Poland.

How we can help

Vialto team can help with:

  • Verification of the immigration statuses of the foreign employees – immigration audit
  • Implementing control measures in the company
  • Managing and tracking immigration cases through the innovative platform
  • Immigration compliance – obtaining work and residence permits, visas and completing other immigration obligations on behalf of the employer and the employee.

Contact us

For a deeper discussion on the above, please reach out to your Vialto Partners point of contact, or alternatively:

Further information on Vialto Partners can be found here: www.vialtopartners.com

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