The Ministry of the Interior and Administration has published a draft amendment to the Act on Foreigners, which is intended to speed up the issuance of temporary residence permits for citizens of selected highly developed countries.
It is part of the implementation of Poland’s Migration Strategy for 2025–2030 and is intended to streamline administrative procedures, reduce the workload on provincial offices, and increase Poland’s attractiveness to investors and highly qualified professionals.
Although the direction of these changes seems positive, the question arises as to whether the proposed solutions will actually affect the functioning of the entire residence legalization system.
What does the proposed change entail?
The most significant change is the introduction of a mechanism known as “tacit termination of proceedings.”
Under the draft, if the provincial governor does not issue a decision within 60 days of the submission of a complete application, the proceedings will automatically result in a favorable outcome.
The measure is intended to apply only to specific categories of temporary residence permits and is to be implemented while maintaining existing procedures related to national security.
This is one of the most interesting proposals for changes to legalization procedures in many years.
Who will be covered by the simplified procedure?
Of course, this does not apply to all foreigners.
Only citizens of highly developed countries who meet the conditions set by the Council of Ministers will be eligible for the simplified procedure.
Among the countries identified as potential beneficiaries are, among others:
- Japan,
- South Korea,
- United States,
- Canada,
- United Kingdom.
The final list of countries will be specified in the regulation.
What matters will be covered by the tacit consent mechanism?
The proposal provides that the simplification will apply to selected temporary residence permits related, among other things, to:
- performing work,
- conducting business activities,
- studies,
- research activities,
- completing an internship,
- volunteer work.
This does not, therefore, mean a complete overhaul of the system for legalizing residence, but rather a simplification of certain procedures for a specific group of foreign nationals.
Will this change ease the burden on the administration?
One of the main arguments put forward by the bill's sponsors is to reduce the workload of provincial offices.
However, the scale of the planned change seems relatively small.
According to the project’s assumptions, citizens of countries covered by the new procedure have filed approximately 5,500–6,000 applications per year in recent years, which accounted for a small percentage of all proceedings concerning temporary residence.
This means that most cases handled by government agencies will continue to be processed under the existing rules.
What does this mean for employers?
For employers who hire specialists from countries covered by the simplified procedure, the proposed solution could mean:
✔ shorter wait time for a decision,
✔ greater predictability of the process,
✔ Easier workforce planning for personnel working on strategic projects.
However, the vast majority of employers who hire foreign nationals are unlikely to notice any significant change.
Companies that employ workers from Ukraine, Georgia, Moldova, the Philippines, Nepal, or Central Asian countries will continue to operate under the current model for legalizing residency.
Is this the beginning of bigger changes?
The project is currently in the stage of inter-ministerial coordination and public consultation.
Experts point out that the proposed measures are piecemeal and affect a relatively small group of foreigners.
Unless the scope of the regulations is expanded, it is difficult to speak of a comprehensive reform of the residence legalization system.
However, this does not change the fact that this is yet another sign pointing to the direction of changes in Polish migration policy—greater support for investors and highly qualified professionals from countries considered strategic economic partners.
And what about the job market?
For many months now, the labor market has been calling, above all, for the streamlining of administrative procedures and a reduction in the waiting time for decisions regarding the legalization of residence.
Although the bill introduces an interesting mechanism for the tacit termination of proceedings, its impact on the functioning of the entire system may prove to be limited.
For most employers, the key challenges will remain the same: lengthy procedures, the need to prepare documentation carefully, and proper advance planning for hiring.
The amendment to the Act on Foreigners is a step toward streamlining certain procedures related to the legalization of residence.
However, given the limited scope of the regulations, it is difficult to view them as a solution to the problems that employers of foreign nationals face on a daily basis.
It will only be possible to assess the effectiveness of the new regulations once the legislative process is complete and the final form of the regulations is known.
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