Will a foreign national’s country of origin in the future also determine the conditions under which they can begin working in Poland and the process for legalizing their stay?
This approach emerged during work on projects UD396 and UD408.
The Ministry of Family, Labor, and Social Policy has proposed that the list of countries used in regulations concerning foreigners’ access to the labor market and the list used in the proposed mechanism for the tacit termination of residence proceedings be specified in a single regulation of the Council of Ministers. According to information regarding the work on draft UD408, the Ministry of the Interior and Administration supported this solution. However, it would require a corresponding amendment to draft UD396.
At first glance, this may appear to be a technical consolidation of two legislative proposals.
From the perspective of employers who hire foreign nationals, however, the significance may be much greater.
This is because it opens up the possibility of creating a mechanism in which a single decision regarding the list of countries would simultaneously affect two aspects of the migration process: employment and residence.
UD396 – Changes Regarding Foreign Nationals’ Access to the Labor Market
Draft Bill UD396 concerns amendments to the Act on the Conditions for Permitting Foreigners to Work in Poland.
This law, which takes effect on June 1, 2025, sets forth the basic principles governing the legal employment of third-country nationals. Bill UD396 aims to amend it in several areas.
One of the key areas of change is the possibility of differentiating access to the Polish labor market based on citizenship.
In practice, this means moving away from the idea of migration policy based solely on a single, uniform set of rules for all third-country nationals.
The government may increasingly specify groups of foreign nationals for whom certain procedures will be streamlined or structured differently.
This is particularly important for employers when international recruitment is part of their long-term workforce planning.
UD408 – 60 days and a tacit termination of the residence permit proceedings
Draft UD408, on the other hand, concerns the Act on Foreigners and was prepared by the Ministry of the Interior and Administration.
One of its most important provisions is the introduction of the option to automatically terminate certain proceedings concerning temporary residence permits.
According to the draft, the mechanism would apply to citizens of countries designated by the Council of Ministers in a regulation. These are countries whose citizens enjoy visa-free travel within the European Union. Factors to be considered when selecting these countries include, among others, the level of migration risk and cooperation in the area of security.
The most important element of the proposed solution is the term:
60 days.
If, during that time, the authority fails to resolve the matter as prescribed, the mechanism of tacit resolution could apply.
In the event of procedural deficiencies, the 60-day period would be counted from the date they are corrected. This mechanism is intended to apply to proceedings conducted by provincial governors in the first instance, and not to appeal proceedings before the Head of the Office for Foreigners.
This is a significant change from the current system. At present, the mechanism of tacit approval does not apply in proceedings concerning the legalization of residence.
Tacit consent does not mean a lack of control
However, the 60-day provision should not be interpreted as automatic legalization of a foreign national’s stay without verification.
The bill provides for exceptions related primarily to safety.
A tacit termination of proceedings would not apply, among other things, in specific cases involving the entry of a foreign national’s data into the SIS, the list of persons whose presence in Poland is undesirable, or the disclosure of a threat to public safety or public order.
Furthermore, if the necessary security checks are not completed before the proceedings are tacitly concluded, they are to continue. Until they are successfully completed, the foreign national will not receive a residence card.
Therefore, the term “tacit consent” should not be equated with a complete absence of further administrative action.
And this is where the UD396 meets the UD408
Until now, it has been possible to analyze both projects as relating to two different areas.
UD396 → Foreign nationals' access to the labor market.
UD408 → legalization of his stay.
However, the MRPiPS proposal aims to establish a common point of reference.
In accordance with the proposed approach , a single list of countries, as specified by a regulation of the Council of Ministers, would be used both for labor market measures under UD396 and for the mechanism of tacit termination of proceedings under UD408.
The Ministry of the Interior and Administration supported this proposal. Its implementation would also require corresponding amendments to draft UD396.
And that is precisely why this is much more than just a legislative consolidation of two regulations.
A single list could mean a more selective immigration policy
If the proposed course of action is maintained, citizenship may become an even more significant element of a foreign national’s practical migration pathway.
For a person from a country on the common list, potential benefits could apply to both employment and residence.
For a citizen of a country not on the list, the same preferences might not be available.
In practice, therefore, there may be a more pronounced variation in migration patterns depending on the country of origin.
Of course, this does not mean that foreigners not on the list will lose the ability to work or reside legally in Poland.
It does, however, mean that certain simplifications may be extended exclusively to selected groups of foreign nationals.
What might this mean for employers?
For HR departments and companies engaged in international recruitment, the most significant consequence may relate to planning.
Until now, when hiring a foreign national, an employer has primarily considered:
- basis for legal residence,
- the legal basis for performing work,
- Required documents,
- hearing dates,
- terms of employment.
If the two projects are combined into a single list of countries, the candidate’s citizenship and the resulting procedural path will play an even greater role in this analysis.
In the case of two people employed in similar positions, the formal process may differ precisely because of their country of origin.
For companies conducting large-scale international recruitment, this will mean that they will need to design their legalization processes even more carefully.
Will this speed up the legalization process?
This is one of the most important questions.
The mechanism provided for in UD408 has the potential to significantly shorten the duration of certain proceedings for selected groups of foreign nationals.
However, it does not automatically solve all the problems with the system for legalizing residency.
Factors such as the completeness of the application, the foreign national’s obligations, security vetting, the organization of government offices, and the efficiency of information and communication technology systems will continue to be important.
Furthermore, according to information regarding the next version of the draft, the new procedure would apply to applications filed on or after the date a given country was added to the list, rather than to earlier, pending proceedings.
So this will not be a mechanism that automatically “clears” the current backlogs at government offices.
However, predictability may be more important for the labor market
From a business owner's perspective, the speed of the proceedings is important, but it is equally important to be able to predict how long the entire process will take.
If a company is planning to launch a new production line, increase warehouse staffing, or fulfill a large contract, several months of uncertainty regarding an employee’s status can hinder operational planning.
Therefore, the significance of UD396 and UD408 should not be assessed solely in terms of “facilitations for foreigners.”
For businesses, it will be equally important whether the new measures will create a more predictable process for hiring and legalizing residency.
Will there be a single list? For now, we're monitoring how things are progressing
At this stage, it is important to keep a very important distinction in mind.
UD396 and UD408 are legislative proposals.
The proposal for a single list of countries emerged during the course of the work and was supported by the Ministry of the Interior and Administration, but it should not be presented as a mechanism that is already in effect.
For employers, however, this is a development that is definitely worth keeping an eye on.
If it is upheld, it may indicate a broader direction for Poland's migration policy:
the increasingly close link between labor market access rules and rules governing legal residence, as well as the differentiation of procedures based on a foreign national’s country of origin.
This, in turn, may have a direct impact on how companies plan their international hiring in the future.
Today, hiring foreign nationals requires considering employment and residency together
For employers, the most important takeaway from the work on UD396 and UD408 goes beyond the issue of a single list of countries.
It is becoming increasingly difficult to analyze the process of hiring foreign nationals solely through the lens of work permits.
The right to work, legal residence status, the residence application process, and the situation of a specific citizen are becoming increasingly intertwined.
Therefore, companies that rely on international recruitment should monitor both projects simultaneously.
At the NJOB Group, we will continue to monitor the progress of work on UD396 and UD408 and their practical implications for companies that employ foreign nationals.
Because if the joint list does indeed become part of both mechanisms, the question “Which country is the candidate from?” may take on even greater significance for the entire process of their employment and legalization of residence in Poland.