New regulations in migration law

Parliamentary work on a package of laws regulating issues related to the stay of foreigners in Poland has been completed. New regulations have been passed and published. They aim, among other things, to limit the possibility of abuse and free migration to the country. The new regulations will generally enter into force on 1 June 2025, and some provisions will enter into force at later dates.

The changes are introduced by the following legal acts:

• Act of 24 April 2025 amending the Act on Foreigners and certain other acts (Journal of Laws, item 619),
• Act of 4 April 2025 amending certain acts in order to eliminate irregularities in the visa system of the Republic of Poland (Journal of Laws, item 622),
• Act of 20 March 2025 on the conditions for the admissibility of entrusting work to foreigners in the territory of the Republic of Poland (Journal of Laws item 621),
• Act of 20 March 2025 on the labour market and employment services (Journal of Laws, item 620).

Act of 24 April 2025 amending the Act on Foreigners and certain other acts

The main subject of the Act is the introduction of regulations that will ensure the implementation into the Polish legal order of Directive (EU) 2021/1883 of the European Parliament and of the Council of 20 October 2021 on the conditions of entry and residence of third-country nationals for the purposes of highly qualified employment and repealing Council Directive 2009/50/EC (OJ EU L 382, ​​28.10.2021, p. 1).
In addition, the Act introduces changes to the current legal status in order to ensure compliance of national law with European Union law as set out in the judgments of the Court of Justice of the European Union.
The implementation of Directive 2021/1883 into the Polish legal system consists in adopting legal solutions regulating the issues of entry, rights and granting residence permits to third-country nationals for the purposes of employment in a profession requiring high qualifications - the EU Blue Card, as well as specifying the conditions of entry and residence and the rights of their family members. In addition, the implementation of the above directive aims to regulate issues related to the possibility for the holder of the EU Blue Card to benefit from short-term mobility and long-term mobility in an EU Member State other than the country that first granted the EU Blue Card, and the issue of residence in another Member State of family members of the holders of the EU Blue Card who benefit from mobility.
In connection with the above, the following changes were introduced to the Act of 12 December 2013 on Foreigners: 

1. new definitions were added and existing ones were modified - the definition of "higher professional qualifications" was changed to include both qualifications obtained as a result of completing higher education, as well as qualifications obtained as a result of professional experience. At the same time, the concept of "qualifications obtained as a result of professional experience" was defined, referring it to professional experience at a level comparable to the level of qualifications obtained after completing higher education.
   A definition of "long-term mobility of the EU Blue Card holder" has also been introduced, which should be understood as the mobility of the holder of the residence permit referred to in Article 1(2)(a) of Regulation No 1030/2002¹, with the annotation "EU Blue Card", for a period exceeding 90 days in a given Member State of the European Union and the definition of "short-term mobility of an EU Blue Card holder", which should be understood as the mobility of a holder of a residence permit referred to in Article 1(2)(a) of Regulation No 1030/2002, with the annotation "EU Blue Card" or with the annotation "Former EU Blue Card holder", for a period not exceeding 90 days in any period of 180 days in each Member State of the European Union for the purpose of pursuing a professional activity, which will also be defined in the Act on Foreigners;
2. new tasks have been added for the Head of the Office for Foreigners as the national contact point for the admission of foreigners for the purpose of performing work in a profession requiring high qualifications - the new legal regulations will primarily concern the exchange of information with bodies acting as national contact points in other European Union Member States in order to ensure that EU Blue Card holders benefit from long-term mobility and new reporting obligations imposed on the Head of the Office for Foreigners for the needs of the European Commission;
3. solutions have been introduced to allow EU Blue Card holders to take advantage of short-term mobility provided for in Directive 2021/1883 and to return to the territory of Poland after taking advantage of the permitted forms of mobility of the EU Blue Card holder in another Member State of the European Union;
4. a new type of permit has been introduced - a temporary residence permit for the purpose of long-term mobility of the holder of an EU Blue Card, the procedure for granting it has been regulated and the grounds for refusing to grant it have been indicated. A foreigner whose purpose of staying in Poland is to perform work in a profession requiring high qualifications is eligible to apply for the permit. A foreigner will be required to demonstrate that they have concluded an employment contract, a home-based employment contract, a civil law contract for a period of at least 6 months, on the basis of which they perform work, provide services or are in a service relationship, have formal qualifications in the event of the intention to perform work in a regulated profession, have an EU Blue Card issued by another Member State of the European Union, and also have health insurance within the meaning of the Act of 27 August 2004 on health care services financed from public funds or confirmation of coverage by the insurer of the costs of treatment in Poland. In addition, the condition for granting this permit is obtaining remuneration at a level analogous to that for foreigners applying for a temporary residence permit for the purpose of performing work in a profession requiring high qualifications (not lower than 150% of the average remuneration in the national economy in the year preceding the submission of the application for the permit, announced by the President of the Central Statistical Office on the basis of art. 20 item 1 letter a of the Act of 17 December 1998 on pensions and annuities from the Social Insurance Fund. 

   The scope of data included in Annex 2 to the application in the case of applying for a temporary residence permit for the purpose of performing work in a profession requiring high qualifications is also subject to change. This annex will also be submitted in the case of applying for a temporary residence permit for the purpose of long-term mobility of the holder of the EU Blue Card.

   The amendment also covers the provisions on temporary residence permits for the purpose of family reunification. It is envisaged that family members of a foreigner residing in Poland may apply for temporary residence permits for the purpose of family reunification based on a temporary residence permit for the purpose of long-term mobility of the EU Blue Card holder. Obtaining a temporary residence permit for the purpose of family reunification is not dependent in this case on the foreigner applying for it having a stable and regular source of income and a secured place of residence in the territory of the Republic of Poland, but it is necessary to have health insurance;

5. special solutions have been introduced to grant a long-term EU resident permit on special terms to holders of an EU Blue Card. Depending on whether specific requirements are met, for the purposes of granting a long-term EU resident permit to a foreigner, a stay in another European Union Member State on the basis of an EU Blue Card, on the basis of a long-term visa or residence permit issued to a foreigner as a scientist or student, on the basis of a residence permit issued under the national system for the admission of highly qualified workers applicable in a given Member State or in connection with granting international protection will be included.

Act of 4 April 2025 amending certain acts in order to eliminate irregularities in the visa system of the Republic of Poland

The Act was passed on the basis of a government bill prepared by the Minister of Foreign Affairs and introduces changes to a number of acts, including in particular the Act on Foreigners. They include:

1. creating a legal basis for the minister responsible for foreign affairs and consuls to obtain information necessary to conduct proceedings on the issuance, withdrawal or invalidation of a visa from the Border Guard (access to data on foreigners crossing the Polish border, after meeting the conditions specified in the Act);
2. establishing a legal norm obliging the body that issued a national visa for the purpose of pursuing first-cycle studies, second-cycle studies or uniform master's studies or studying at a doctoral school to notify in writing the rector of the university or the head of another unit conducting studies in which the foreigner intends to begin or continue education;
3. specifying the principle that the premise for refusing to issue (withdraw) a national visa to a foreigner for the purpose of studying, consisting in the fact that the unit conducting the studies operates mainly for the purpose of facilitating illegal entry or stay in the territory of Poland by students, occurs in particular when this unit offers and provides educational services related exclusively to the education of foreigners at university. This premise has been specified in the same way in relation to the refusal to grant (withdraw) a temporary residence permit for the purpose of studying;
4. imposing on the rector of the university or the head of another unit conducting studies the obligation to immediately notify in writing the body that issued the foreigner a national visa for the purpose of studies about the removal of that foreigner from the list of students or doctoral students;
5. streamlining the process of submitting visa applications in person by making it possible to set a date for submitting a visa application with the interested foreigner using electronic means of communication enabling distance communication and ensuring the identification of that foreigner;
6. specifying that a temporary residence permit for the purpose of paid studies is granted if the foreigner submits proof of payment of the fee for a semester or year of studies;
7. specifying additional conditions that should be met by the unit conducting studies (the obligation to recruit a foreigner applying for admission to first-cycle studies, uniform master's studies or second-cycle studies, taking into account the new requirements regarding the documents entitling to admission to these studies);
8. including public vocational universities and non-public academic universities under the obligation to obtain approval from the minister responsible for internal affairs for the purposes of admitting foreigners to take up or continue their studies;
9. giving priority to proceedings on the issuance of a national visa to foreigners admitted to a doctoral school or participating in conducting scientific activities at academic universities, scientific institutes of the Polish Academy of Sciences or research institutes, if such participation is associated with the need to perform research work in the territory of Poland, as well as extending the period for which the first and subsequent temporary residence permits are granted for the purpose of education at a doctoral school (the first permit will be granted for a period of 2 years and 6 months, and subsequent permits for the period of education at a doctoral school, extended by 6 months);
10. supplementing the list of cases the fulfilment of which entitles the minister responsible for internal affairs to issue (ex officio or upon request) a decision prohibiting the admission of foreigners by an entity conducting studies for a period of up to 5 years;
11. ensuring mechanisms for effective verification of the title declared by the foreigner for which it is permissible to use student mobility on the territory of Poland, by imposing on the unit conducting studies the obligation to notify the Head of the Office for Foreigners about the intention of the foreigner to use the institution of student mobility on the territory of the Republic of Poland, together with attaching proof of payment of the fee for the semester or year of studies, if the continuation or supplementation of studies is subject to payment. Failure to pay the fee will be one of the grounds for issuing a decision to object to the foreigner's use of mobility on the territory of the Republic of Poland;
12. exclusion of post-secondary school graduation certificates from the catalogue of documents confirming knowledge of the Polish language for the purposes of meeting one of the requirements for granting a long-term EU resident permit;
13. enabling consuls to access data processed in the national set of registers, records and lists in matters of foreigners to the extent necessary to conduct proceedings on the issuance, withdrawal or invalidation of a visa;
14. extending the scope of the provision of art. 116 point 5 of the Act on Foreigners, which provides for a ground for refusal to initiate proceedings on granting a temporary residence and work permit to include the subsequent purposes for which a visa was issued, on the basis of which the foreigner stays in the territory of Poland (i.e. the purposes specified in art. 60 section 1 points 3, 7, 9-11, 14-16 and 18 of the Act on Foreigners: participation in sports events, conducting cultural activities or participating in conferences, completing first-cycle studies, second-cycle studies or uniform master’s studies or education at a doctoral school; vocational training; education or training in another form; transit; air transit; medical treatment; participation in a cultural or educational exchange programme, a humanitarian aid programme or a summer work programme);
15. adding a new point 116 to Article 7 of the Act on Foreigners, providing for a ground for refusal to initiate proceedings on granting a temporary residence and work permit in the event that a foreigner stays in the territory of Poland on the basis of a long-term visa (type D) issued by another Schengen country (except for the case when they exercise mobility in the territory of Poland);
16. adding a new point 116 to Article 8 of the Act on Foreigners, providing a basis for refusing to initiate proceedings on granting a temporary residence and work permit in the event that a foreigner stays in the territory of Poland on the basis of a residence document issued by another Schengen country (except for the case when the foreigner exercises mobility in the territory of Poland);
17. adding a new point 116 to art. 9 of the Act on Foreigners, providing a basis for refusing to initiate proceedings on granting a temporary residence and work permit in the event that a foreigner is staying in the territory of Poland on the basis of an entry permit issued by the commandant of the Border Guard post in the case referred to in art. 32 sec. 1 of the Act on Foreigners.

The Act will generally enter into force on 1 June 2025, while a number of its provisions, including those amending the Act on Foreigners, will enter into force on 1 July 2025.

Act of 20 March 2025 on the conditions for the admissibility of entrusting work to foreigners in the territory of the Republic of Poland

This Act, together with the Act of 20 March 2025 on the labour market and employment services (Journal of Laws, item 620), will replace in its entirety the currently applicable Act of 20 April 2004 on employment promotion and labour market institutions (Journal of Laws of 2025, item 214), which will also happen on 1 June 2025.
The most important changes in the provisions of the Act on Foreigners:

1. abolition of the so-called labour market test - the act on the conditions of admissibility will no longer provide for the institution of information from the starost, but introduces a legal basis for the starost to specify a list of professions or types of work (approved by the voivode) for which a work permit will be refused due to the difficult situation on the local labour market, justifying the limitation of the possibility of taking up work by foreigners in the district. Therefore, in the act on foreigners, the requirement that the entity entrusting the performance of work is not able to meet staffing needs on the local market, the fulfilment of which is determined by the information from the starost, will be replaced by the requirement that the foreigner will perform work in a profession that is not on the list of professions or types of work specified by the starost;
2. new regulation on the grounds for refusing to grant a temporary residence and work permit - in connection with the fact that the Act on the Conditions of Admissibility will establish anew broad grounds for refusing to issue a work permit, which refusal will be obligatory, the Act on Foreigners will introduce additional grounds for refusing to grant a temporary residence and work permit, corresponding to these grounds for refusing to issue a work permit (as an expression of the desire to maintain the coherence of both legal institutions);
3. priority in considering certain applications for temporary residence and work permits - applications for temporary residence and work permits should be considered first if the entity entrusting the work is to be an entrepreneur specified in the list kept by the minister responsible for economic affairs, containing entrepreneurs conducting business activities of significant importance to the national economy;
4. establishing the obligation of the entity entrusting work to notify about the loss of a job by a foreigner who has been granted a temporary residence and work permit within 15 working days from the date of such event.

The Act will enter into force in its entirety on 1 June 2025.

 

[1] Council Regulation (EC) No 1030/2002 of 13 June 2002 laying down a uniform format for residence permits for third-country nationals (OJ EU L 157, 15.06.2002, p. 1, as amended - OJ EU Special Polish edition, chapter 19, vol. 6, p. 3, as amended)