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POLAND: Changes in Work Permit Formats and Labor Market Test Process
September 9, 2022
On 29 July 2022, a new immigration regulation took effect in Poland. The main changes are as follows:
- New work permit applications, special permissions and criminal declaration forms have been introduced.
- Applications for initial work permits, renewals and special permissions in electronic form must be submitted through the online praca.gov.pl portal. Nevertheless, submitting a paper application is still possible.
- In order to fulfil the labor market test required to employ a foreign national, a Polish company would only need to interview candidates interested in the position. This new labor market test process should expedite the work permit application and the hiring of foreign nationals.
- The labor office can refrain from conducting the labor market test process in case of violation of labor laws.
- The new work permit application form now requires additional data such as the new labor market test and the name/job code of the profession appropriate to the foreigner’s position.
- The new regulation clarifies the existing option to obtain signatures for work permit applications. Note that criminal statements should be signed on at least a monthly basis by a member of the management board or commercial proxy in case of entities that regularly obtain work permits/special permissions.
- Documents required for the different work permit categories have also changed (e.g. obligation to submit only the ID page of a foreigner’s passport instead of a copy of all non-blank pages) and the documentation for applications of renewal of assignees have been facilitated.
- Increase of fees: the residence card fee has doubled from PLN 50 to PLN 100.
Newland Chase Insights
Employers needing to employ foreign nationals in Poland should take note of the above changes in the required documents, new forms, clarifications on signatures and the simplification of the labor market tests. A new employment law is expected for the last quarter of 2022 that may further affect immigration procedures in Poland. Newland Chase will provide updates in due course on any further developments.