On October 15, 2024, the Council of Ministers adopted Poland’s Migration Strategy for 2025–2030, emphasizing a shift toward the digitalization of residence permit applications.
The Polish Ministry of the Interior and Administration (MSWiA) is working on a draft amendment to the Act on Foreigners, enabling foreign nationals to submit applications for temporary, permanent, and EU long-term residence permits electronically. This aims to streamline the process, address long delays, and align with modern expectations. While technical and logistical challenges remain, this marks a positive development for employers who would benefit from faster and more streamlined processes.
The draft amendment to the Act on Foreigners introduces transformative changes to Poland’s immigration strategy, with the potential to significantly modernize and streamline residence permit applications. A cornerstone of this reform is the Case Handling Module (MOS) – a digital system enabling foreigners to submit applications electronically. By replacing the current paper-based, in-person process, which often results in delays of 4 to 12 months, MOS aims to address inefficiencies and expedite decision-making.
The transition to a digital system offers many benefits, including smoother submission processes, integration with national registers, and the automation of certain procedures. However, these promising changes also present challenges that must be addressed to ensure success.
The current MOS system has significant flaws: it is narrowed to filling out and submitting the application, has character limits, and no functionality for tracking case status, attaching documents, or submitting declarations. Ambiguities in attachment requirements and discrepancies in provincial office practices may further complicate implementation. Standardizing regulations and improving system functionality are critical to the success of these reforms.
Moreover, challenges are anticipated in ensuring that representatives (attorneys) can participate in proceedings. The current MOS system and proposed legislation fail to accommodate representatives in administrative proceedings, despite their role being protected under the Code of Administrative Procedure. Excluding representatives hinders the submission of key documents and limits their influence on cases. Representatives play a crucial role in improving cooperation with authorities, streamlining processes, and easing case handling.
There are also concerns about digital exclusion, as many foreigners may face difficulties navigating the system due to language barriers or lack of digital access, potentially leading to incorrectly filled-out applications.
The shift to digital applications represents a major step toward modernizing and improving Poland’s immigration processes. By reducing reliance on paper forms and introducing electronic document workflow, the government hopes to eliminate bureaucratic inefficiencies and ease the burden on both foreign nationals and provincial offices.
However, successful implementation will require addressing existing technical issues, such as the MOS system’s limited functionality, and ensuring that all individuals involved in the application process – especially those requiring legal representation – can access and utilize the system effectively. While these changes are necessary for aligning with digital trends, they must be carefully managed to prevent further delays or increased barriers for foreigners navigating the residency application process.
This transition is expected to grant immigration authorities significantly broader access to data concerning foreign nationals. As a result, ensuring compliance and thoroughly preparing and reviewing each foreign national’s case will become even more critical to facilitate a smooth process for obtaining immigration documents.
Vialto Partners can help you adapt to the new immigration requirements and ensure your employees remain compliant with immigration laws, securing both the right to work and stay and supporting business continuity. We can bridge the gap between technological reforms and the practical needs of applicants, ensuring a smoother transition while addressing the challenges posed by digitalization.
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
Jakub Skrzypek
Immigration Manager
Further information on Vialto Partners can be found here: www.vialtopartners.com
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