Immigration

Poland | Draft law – Visa and Work Permit Changes

Summary

Significant changes to visas and work permits are expected for employers and their foreign employees in Poland. These changes aim to streamline the process for obtaining visas, work and residence permits, while introducing new obligations and penalties for non-compliance. The Legislation is anticipated to be enacted on 1 July 2025.

The detail

The Polish Government has introduced a proposal of amendments to Immigration provisions as a result of identifying irregularities in the Polish visa system. Staying informed is crucial to avoid risks and ensure compliance.

Important updates include:

Key Improvements: Faster Processing for Visa and Permit Applications

• Email Appointment Booking for Visa Applications: The possibility of booking a visa submission appointment via email. Additionally, visa applications for work purposes may be fast-tracked in certain cases, as outlined in upcoming regulations.
• Priority Pathway for Strategic Investments: If your business is involved in investments of significant economic or environmental importance, you can benefit from a faster processing track for visa, work permit, and residence permit applications.

New Obligations and Restrictions to Note:

• End of Work Permit Exemption for Full-Time Students: Full-time foreign students would no longer be automatically exempt from the requirement to obtain a work permit.
• Enhanced Verification Mechanisms: Consulates would have access to foreign employees’ and employers’ tax and social security records for better verification of visa applications.
• Employer Responsibilities: If a foreign worker does not start employment within one month of receiving a work permit, employers would be required to notify the appropriate authorities. The employers would also be obliged to notify the authorities in case of terminating the employment with a foreigner holding a residence permit with a right to work.

Expanded Grounds for Visa and Permit Denials:

• Foreigners in Poland holding visas for specific purposes, such as sports events, air transit, educational exchange programs, or national visas issued by other Schengen countries, will no longer be eligible to apply for work or residence permits.

Increased Penalties and Enforcement:

• Higher Fines for Illegal Employment: Fines for illegally employing foreign workers will increase, with penalties of up to PLN 30,000.
• Stricter Controls by Authorities: The Border Guard and the National Labour Inspectorate will have expanded powers to conduct unannounced inspections to verify the legality of employment.

What it means

These updates reflect the Polish Government’s effort to improve efficiency while tightening control over the employment of foreign workers. Keeping ahead of these changes will help you avoid potential fines and disruptions to your business.

If your business benefits from key investments, you would be able to apply for the priority processing track to expedite work permits and visa applications.

You should also review the employment practices to ensure compliance with the new regulations for foreign workers and stay informed and prepare for enhanced verification processes by ensuring all documentation for foreign employees is up to date.

We will announce more details as they become available, and how your business can prepare for these changes.

Contact us

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

Jadwiga Chorązka
Partner

Emilia Piechota
Immigration Director

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

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