8 March 2023
Immigration
Impact: High
Summary
On 28 January 2023, the amendment of the Act on support to Ukrainian citizens in connection with the armed conflict on the territory of this State (hereinafter: the Special Act) came into force. In accordance with its provisions, Ukrainian nationals who are covered by a temporary protection and perform work or carry a business activity in the territory of Poland are eligible to apply for temporary residence permit starting from 1st April 2023.
The Detail
On 28 January 2023, the amendment of the Special Act came into force. In accordance with its provisions, Ukrainian nationals who are covered by a temporary protection in Poland are eligible to apply for temporary residence permit. The applications can be filed starting from 1st April 2023.
The provisions allow to apply only for the specific types of residence permits, i.e.:
1. Work and residence permit (Single Permit)
2. Blue Card
3. Residence permit for private entrepreneurs
Conditions for applying for residence permits:
Single Permit
● validity up to 3 years
● standard documents such as medical insurance
● no employment terms indicated, work permit exemption on the basis of Special Act
Blue Card
● validity up to 3 years
● special conditions applicable: work contract concluded for at least 1 year, salary not less than PLN 9 520 monthly, higher qualifications in line with the job position (degree certificate or 5 years of work experience in the field related to the work you perform in Poland)
● standard documents such as: employment contract, medical insurance, documents confirming higher qualifications
● the decision should indicate employment terms, in case of any changes Blue Card amendments would be required Family members who are not working in Poland
The amendment does not change the rules of stay of your family members who do not work in Poland – they are not allowed to apply for residence permits at the moment. Their right to stay is secured on the basis of temporary protection status and Diia.pl electronic residence permit.
What this means
The Ukrainian nationals and their employers who would like to support them with the residence permit applications are encouraged to review the situation (e.g. confirm the temporary protection status in Poland) and prepare for filing the applications in advance. Increased office occupancy and a significant number of applicants are expected due to this amendment.
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 – work and residence authorizations 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:
• Emilia Piechota, Director | emilia.piechota@vialto.com
• Nikoletta Hundt, Manager | nikoletta.hundt@vialto.com
• Tomasz Rdzanek, Senior Consultant | tomasz.rdzanek@vialto.com
Further information on Vialto Partners can be found here: www.vialtopartners.com
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