Amendment to the Foreigners Act 2024 – What’s Changing?

Legality of Stay
Under the changes to the Foreigners Act for citizens of Ukraine, those who arrived in Poland due to the war and have been assigned a PESEL UKR number will still be allowed to stay in Poland legally until September 30, 2025. Starting next year, it will be possible to change the status of stay from temporary protection (currently applicable) to temporary residence for up to 3 years. To qualify for this change, the following conditions must be met:

• Update and complete data in the PESEL database
• Submit an electronic application to the governor
• Active UKR status on March 4, 2024, and at the time of submission
• No objections from security services

If the application is approved, the individual will receive a residence card with the note: “Previously had temporary protection.”

It’s important to note that changing the status is not mandatory. Foreign nationals can decide what is more beneficial for them.

Financial Support for Ukrainian Citizens
Starting July 1, 2024, a new system of support will be introduced for Ukrainian citizens. Financial assistance for accommodation and meals for refugees in difficult situations will be available only based on an agreement with the relevant governor or local government acting under the governor's instructions.

The rules for participation in accommodation and meal costs in collective accommodation centers will also change to more effectively collect the required payments. The financial benefit for compensation of accommodation and meal costs for refugees in private apartments will not be extended. Additionally, funding for document photography and a one-time cash benefit of 300 PLN will be discontinued.

It’s worth noting that these entitlements are frozen, not abolished, and could be reinstated depending on the course of the war in Ukraine.

Benefits for Children
Starting July 1, 2024, the "800+" program and the "Good Start" benefit will be available only to the children of refugees who are subject to compulsory schooling and those who have not yet reached school age.

Students will also be able to participate in additional free Polish language classes for up to 36 months. This applies to students who began participation in the 2022-2023 and 2023/2024 academic years.

Ukrainian students will also be exempt from the eighth-grade Polish language exam in the 2024/2025 school year.

Legalization of Employment
Until now, the legalization of stay and employment for Ukrainian citizens looked as follows: anyone staying in Poland legally could work without needing to apply for a permit. The employer was required to submit a notification via gov.pl within 14 days of the Ukrainian citizen starting work. Refugees also had the option to register as unemployed under the same conditions as Polish citizens.

Currently, work permits in Poland are still not required, but changes to foreign employment include:

• Reducing the notification period for employers to 7 days
• Introducing an obligation to submit another notification if the type of contract, position, or job duties change, working hours are reduced, or wages are lowered
• Requiring the notification to include the minimum wage
• Obliging foreign nationals to notify the authorities about receiving a decision on temporary and permanent residence permits

The amendment also extends the possibility of granting a number corresponding to the professional license number to doctors and dentists upon request until September 30, 2025, provided the doctor has received a certificate of registration in the temporary and occasional practitioners register and has declared an intention to provide health services to Ukrainian citizens.

Amendment to the Foreigners Act 2024 – What to Expect?
In the summer of 2024, intensive work will be underway on changes to the rules for the legalization of stay and employment of foreigners in Poland. Broad reforms to immigration law are planned to address abuses in immigration procedures and ensure greater transparency and efficiency in these processes. As part of these efforts, work on a migration strategy is currently in the expert consultation stage.

Consultations are also ongoing regarding changes in the employment of foreigners. One of the proposed changes is the introduction of the so-called "foreign company," where employers will be assessed to determine if they are facilitating the entry of foreigners into Poland in a way that is non-compliant with regulations. This type of evaluation aims to ensure that the employment of foreigners is transparent, legal, and free from exploitation or abuse.

Summary
The amendment to the Act on Assistance to Ukrainian Citizens and the expected 2024 amendment to the Foreigners Act introduce significant changes. Starting July 1, 2024, the rules for the legalization of stay, employment, and financial support for Ukrainian citizens will change. New regulations will allow legal stay in Poland until September 30, 2025, and a change in status to a 3-year temporary residence under specific conditions. Financial support for accommodation and meals will be available only through agreements with the governor or local government. Refugee children will be able to benefit from the "800+" and "Good Start" programs and additional Polish language lessons for 36 months. In the summer of 2024, further work will be done on immigration reforms.

Changes to the Foreigners Act may have significant implications for both Ukrainian citizens and employers. If you are interested in support related to the legalization of stay and employment, contact the Civil Affairs Law Firm. Comprehensive support for foreigners is our specialty. We also provide advice in areas such as:

• Invitations for foreigners
• Extension of work and residence permits in Poland
• Employment information from the starost for foreigners
• Visas for foreigners