Expiration of extended periods of entitlements, validity of documents and extended deadlines for foreigners to perform certain activities on August 1st, 2023
Companies employing foreigners, who wish to continue cooperation, must make sure that they have the appropriate documents confirming the foreigner's legal residence and right to perform work in the period after July 31, 2023 (depending on the formal and legal situation of the foreigner in question). Foreigners staying in Poland on the basis of so-called "extended documents" must take care of the legality of their stay and take the appropriate steps, e.g. apply for residency no later than July 31.
1. What will change for individuals and companies using special arrangements?
2. PBH visa holders - will they lose the right to work and do business?
3. Citizens of Ukraine can still benefit from special solutions provided for citizens of Ukraine
What will change?
In the current state of the law, a number of provisions of the Law of March 2, 2020 on special arrangements related to the prevention, prevention and combating of COVID-19, other infectious diseases and emergencies caused by them (Journal of Laws of 2021, item 2095, as amended).
The extension by law will cease to be in effect:
- validity periods for temporary residence permits and residence cards expiring in the period from March 14, 2020. (during the period of an epidemic emergency or epidemic state) - until the 30th day following the day of cancellation of whichever state was last in effect;
- periods of stay and validity periods of national visas in cases where the last day of the period of stay under such visas would fall within the period from March 14, 2020. (during an epidemic emergency or epidemic state) - until the 30th day following the day of revocation of that of the state that was in effect last;
- deadlines for submitting applications for residence permits, visa extensions or visa-free stay extensions, viz:
- for granting a temporary residence permit,
- for granting a permanent residence permit,
- for granting a residence permit for a long-term EU resident,
- for extension of a national visa or Schengen visa,
- for extension of the period of stay under visa-free regime
- falling during a state of epidemic threat or a state of epidemic, the deadlines for leaving the territory of Poland, resulting from Article 299 paragraph 6 of the Law on Foreigners - until the expiry of the 30th day following the day of cancellation of the state that was in force last;
- falling during the period of a state of epidemic emergency or a state of epidemic the periods of voluntary return specified in decisions on the obligation of the foreigner to return under Article 315 (1) of the Law on Foreigners - until the expiration of the 30th day following the day of cancellation of that of the state which was in force last;
- that fall during a state of epidemic emergency or a state of epidemics, the periods of validity of documents issued for a limited period of time to citizens of European Union member states, European Free Trade Agreement (EFTA) countries - parties to the Agreement on the European Economic Area or the Swiss Confederation, and their family members who reside with them or join them, i.e. documents confirming the right of permanent residence, residence cards of a family member of an EU citizen, and permanent residence cards of a family member of an EU citizen - until the expiration of the 30th day following the day of cancellation of that of the states that was in force last;
- validity periods of Polish identity documents of foreigners that fall during a state of epidemic threat or a state of epidemic - until the expiration of the 30th day following the day of cancellation of the last of the states;
- periods of validity of "consent for tolerated stay" documents that fall during a state of epidemic emergency or a state of epidemic - until the expiration of the 30th day following the day of cancellation of the one of the states that was in effect last;
- recognizing the stay of foreigners in the territory of Poland as legal by law, in a situation where on March 14, 2020 they were in Poland on the basis of short-term residence titles, ie:
a) under the visa-free regime,
b) on the basis of Schengen visas, regardless of the issuing country,
c) on the basis of long-term visas or residence permits issued by other Schengen countries,
d) on the basis of long-term visas or residence permits issued by European Union member states that are not Schengen area countries (when, in accordance with the law of the European Union, such visas or documents entitle the person to stay on the territory of the Republic of Poland),
- from the day following the last day of legal stay under these titles until the expiration of the 30th day following the day of cancellation of an epidemic emergency or epidemic state, whichever was in effect last.
Pursuant to the Decree of the Minister of Health of June 14, 2023, on the revocation of the state of epidemic emergency in the territory of the Republic of Poland (Journal of Laws, item 1118), the state of epidemic emergency related to SARS-CoV-2 infections was revoked as of July 1, 2023.
The cancellation of the state of epidemic emergency as of July 1, 2023 caused the 30-day deadlines specified in the aforementioned regulations to begin to run on July 2, 2023. These deadlines will expire at the end of July 31, 2023. Therefore, the effect of the extension of the specified entitlements, validity of documents or deadlines for actions, will end on that day.
Poland Business Harbour visa holders
After the expiration of the visa, employment under a Polish civil-law contract and the conduct of business activities may be continued, provided that the foreigner obtains an appropriate residence title.
It is worth knowing that the mere submission of an application for a permit does not allow the continuation of the residence purpose during the period of waiting for the decision (after the expiration of the visa).
The program "Poland. Business Harbour" is a package of solutions aimed at attracting IT professionals and companies to Poland. The program debuted in September 2020.
Citizens of Ukraine and beneficiaries of the "special act"
Citizens of Ukraine under temporary protection due to war conflict on Ukrainian territory are granted legal residence in Poland until March 4, 2024 (in some cases until August 31, 2024 or September 30, 2024).
If prior to February 24, 2022, a citizen of Ukraine benefited from a particular solution under the COVID-19 law, he or she may continue to benefit from the provisions of its counterpart in the Special Law.
Until March 4, 2024, the following are extended by law:
- the periods of stay and validity periods of national visas of Ukrainian citizens;
- the validity periods of temporary residence permits for citizens of Ukraine;
- time limits for citizens of Ukraine to leave the territory of Poland (pursuant to Article 299, paragraph 6 of the Law of December 12, 2013 on foreigners);
- the stay of citizens of Ukraine on the territory of Poland is considered legal in connection with the end of the period of permissible short-term stay (on the basis of a Schengen visa issued by a Polish authority, on the basis of a visa issued by another Schengen country, on the basis of a residence permit issued by a competent authority of another Schengen country or within the framework of visa-free traffic).
- the deadlines for voluntary return (currently the deadlines for voluntary departure) specified in the decisions on the obligation of the foreigner to return issued to Ukrainian citizens (on the basis of Article 315(1) of the Law on Foreigners);
- validity periods of residence cards, Polish identity documents of foreigners and "consent for tolerated stay" documents issued to citizens of Ukraine; (Source: UDSC)
How CRIDO can help you?
CRIDO supports in the process of legalizing the stay and employment of foreigners in Poland, as well as individual entrepreneurs including:
- comprehensive handle of the processes related to legalization of stay and work of foreigners in Poland,
- audit legality of stay and employment of foreigners.