In recent weeks, two legislative proposals have been introduced concerning the employment of foreign nationals and the legalization of their stay. Although they address different areas of law, their common goal is clear—Poland wants to facilitate access to the labor market for selected groups of highly qualified specialists, while maintaining the existing rules for the majority of foreign nationals working in our country.
What does this mean for employers? Can business owners expect a real simplification of procedures?
Two projects that are part of a single strategy
Both projects are part of the implementation of Poland’s Migration Strategy and reflect an increasingly clear direction for the country’s migration policy.
On the one hand, the government wants to make Poland more attractive to investors, managers, and highly qualified professionals. On the other hand, it is not announcing any comprehensive changes that would affect all employers who hire foreign nationals.
Preferential Treatment for Citizens of Selected Countries
The proposed solutions include, among other things:
- simplifying residence procedures for citizens of selected highly developed countries,
- the possibility of exempting them from the requirement to obtain a work permit,
- faster processing of some administrative matters.
The countries mentioned in the explanatory memoranda for the draft bills include, among others:
- United States,
- Canada,
- Japan,
- South Korea,
- Australia,
- New Zealand,
- Singapore,
- United Kingdom,
- Taiwan.
The goal is to make it easier to hire specialists and individuals involved in strategic investments.
Most employers will not be affected by these changes
Although the proposed solutions sound appealing, their practical impact on the market may turn out to be limited.
It is estimated that the simplifications will apply to only a few thousand cases per year. Compared to the total number of cases involving the employment and legalization of foreign nationals’ stay, this represents a small percentage.
This means that companies that employ workers from the countries from which the Polish economy most frequently recruits personnel will continue to operate under the current rules.
This applies primarily to companies that employ people from:
- Ukraine,
- Georgia,
- Moldova,
- Nepal,
- the Philippines,
- India,
- Central Asian countries.
The biggest challenges remain the same
For most business owners, the most pressing issues will remain the same as before.
These include, first and foremost:
- lengthening legalization procedures,
- the need to plan staffing well in advance,
- changing administrative responsibilities,
- the growing importance of proper documentation and regulatory compliance.
It is precisely these elements that will continue to have the greatest impact on the efficiency of the recruitment process.
Poland Is Changing Its Approach to Migration Policy
There is one more aspect worth noting.
The proposed solutions reflect a shift in the approach to economic migration.
Increasing emphasis is being placed on attracting highly qualified professionals and supporting investments of strategic importance to the economy.
At the same time, there are no signs of a comprehensive simplification of the procedures used by most employers who hire foreign nationals.
This may mean that in the coming years, migration policy will increasingly tailor its approaches based on a foreign national’s country of origin, qualifications, and purpose of stay.
What does this mean for employers?
At this stage, employers should not assume that the planned changes will significantly shorten the process of hiring foreign nationals.
For most companies, the following will remain crucial:
- planning recruitment well in advance,
- ongoing monitoring of legislative changes,
- proper preparation of documentation,
- taking into account the time required to legalize employment and residence.
It is precisely the proper preparation of these processes that will have a greater impact on the efficiency of hiring than the proposed simplifications concerning certain groups of foreign nationals.
The legislative proposals introduced during the summer recess point to a clear direction for changes in Polish migration policy.
Although the proposed measures may make it easier to hire highly qualified specialists from certain countries, they do not represent a major breakthrough for most businesses that employ foreign workers.
Therefore, organizations should continue to focus on proper planning of legalization processes and monitoring subsequent legal changes. These factors will have the greatest impact on job security and continuity in the coming months.