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IMPACT – HIGH
Poland has begun lifting entry and travel restrictions, as well as accepting certain immigration applications that were not available during the lockdown.
Key Points:
Analysis & Comments: The response to the COVID-19 pandemic continues to develop, and Deloitte will provide additional updates as information becomes available. Please check Deloitte’s COVID-19 Digital Map, available here, for information on travel restrictions and immigration changes in other countries.
Rest of World Source: Deloitte. Deloitte refers to one or more of Deloitte Touche Tohmatsu Limited (“DTTL”), its global network of member firms, and their related entities. DTTL (also referred to as “Deloitte Global”) and each of its member firms are legally separate and independent entities. DTTL does not provide services to clients. Please see www.deloitte.com/about to learn more. Deloitte Legal means the legal practices of Deloitte Touche Tohmatsu Limited member firms or their affiliates that provide legal services. For legal, regulatory and other reasons, not all member firms provide legal services. This includes Deloitte Tax LLP in the United States which does not provide legal and/or immigration advice or services. This communication contains general information only, and none of Deloitte Touche Tohmatsu Limited, its member firms or their related entities (collectively, the “Deloitte network”) is, by means of this communication, rendering professional advice or services. Before making any decision or taking any action that may affect your finances or your business, you should consult a qualified professional adviser. No entity in the Deloitte network shall be responsible for any loss whatsoever sustained by any person who relies on this communication.
The government has added several additional categories of stay to the extension measures for foreign nationals unable to leave Poland.
The following will be automatically extended:
Background: The government implemented the initial extension of stay earlier this month to ease compliance requirements for foreign nationals affected by lockdown measures and travel restrictions. The initial extension provided for the automatic extension of residence permits, national type D visas, work permits types A-E, intention-to-hire statements and seasonal work permits.
Analysis & Comments: The expanded extension policy is good news for employers, as it will ease immigration compliance for affected employees. The response to the COVID-19 pandemic continues to develop, and Deloitte will provide additional updates as information becomes available.
Poland has declared an official state of epidemic emergency and, effective immediately, will suspend all foreign nationals from entering the country. Immigration services, at both consular and local posts, will be limited in the coming weeks as the government continues to implement measures to mitigate the spread of the COVID-19 virus.
Key points:
Background: The new travel restrictions expand upon previous measures made last week that introduced sanitary checks at all land borders and required travelers entering the country to complete a written declaration of period and place of stay upon arrival.
Analysis & Comments: Poland is taking serious steps to mitigate the spread of the COVID-19 virus that will have a significant impact on immigration and inbound travel. Employers should expect delays in immigration processing, especially for temporary residence permits and renewal applications, in the coming weeks. Deloitte is strongly urging companies to have employees work from home for the next two weeks to help contain the spread of the virus, and will alert clients to additional changes as information becomes available.
Source: Deloitte. Deloitte refers to one or more of Deloitte Touche Tohmatsu Limited (“DTTL”), its global network of member firms, and their related entities. DTTL (also referred to as “Deloitte Global”) and each of its member firms are legally separate and independent entities. DTTL does not provide services to clients. Please see www.deloitte.com/about to learn more. Deloitte Legal means the legal practices of Deloitte Touche Tohmatsu Limited member firms or their affiliates that provide legal services. For legal, regulatory and other reasons, not all member firms provide legal services. This communication contains general information only, and none of Deloitte Touche Tohmatsu Limited, its member firms or their related entities (collectively, the “Deloitte network”) is, by means of this communication, rendering professional advice or services. Before making any decision or taking any action that may affect your finances or your business, you should consult a qualified professional adviser. No entity in the Deloitte network shall be responsible for any loss whatsoever sustained by any person who relies on this communication. © 2020. For information, contact Deloitte Touche Tohmatsu Limited.
IMPACT – MEDIUM
What is the news? The Polish Embassy in Manila is opening a consular section for citizens of the Philippines.
What does the news mean? The availability of consular services in Manila will make the visa application process easier and faster for Filipinos.
Implementation time frame: April 1, 2020.
Background: Until now, applicants from the Philippines have faced difficulties obtaining Polish visas, especially long-term National Visas, since they could not apply for them in the Philippines and had to book an appointment and travel to Malaysia in order to obtain a visa for work. Those seeking to obtain a short-term Schengen visa had to submit their application at the Netherlands Embassy, which currently represents Poland in the Philippines.
Analysis & Comments: The new consular section is good news for Polish employers, as Filipino citizens will now be able to apply for work-related visas in the Philippines, saving the time and money that applying for such visas in Malaysia has entailed. Further, the new consular section in Manila should ease the workload of the consular section of the Polish Embassy in Kuala Lumpur, which will likely speed up visa processing for other foreign nationals.
What is the change? Poland has announced the 2020 minimum salary threshold for EU Blue Card applications. What does the change mean? The threshold will be increased to 7,377.26 zloty (about US$1,891.60) per month.
Background: The new salary threshold is part of an annual average income review published by the Polish Main Statistical Office.
Analysis & Comments: Polish employers should budget for the new minimum salaries, which represent a 5.4-percent increase over last year’s thresholds.
What is the change? The Polish government has partnered with VFS Global to open visa application centers in Mumbai, New Delhi and several other locations in India.
What does the change mean? Previously, visa application services in these areas were completed at the Consulate General of Poland in Mumbai and the Consular Department of the Polish Embassy in New Delhi. The change is expected to make booking appointments easier for nationals of India, as well as for nationals of other countries in the region, including Afghanistan, Bangladesh, Bhutan, The Maldives, Nepal and Sri Lanka.
Background: Polish Consulates in India have seen an enormous increase in volume in recent years, with Polish immigration authorities issuing more than 35,000 work permits for citizens of India, Nepal and Bangladesh in 2018 alone. Wait times for entry visas issued on the basis of work permits sometimes reached six months and employers often had to push back start dates.
Securing visa appointments was difficult, especially in New Delhi, which was responsible for processing visa applications not just from Indian nationals, but also nationals of Afghanistan, Bangladesh, Bhutan, the Maldives, Nepal and Sri Lanka. The number of applications in New Delhi is expected to grow even higher with the start of direct flights to and from Warsaw.
As part of its agreement with Poland, VFS Global will offer assistance throughout the Schengen and national Polish visa application process, including help in obtaining an appointment and submitting documents. Consulate officials, however, will still have the final say in whether to grant a visa.
Analysis & Comments: The VFS Global system should make securing visa appointments easier throughout India. Officials hope this will streamline processing, ultimately making it easier for Polish companies to hire employees from India and other parts of the region.
Source: Deloitte. Deloitte refers to one or more of Deloitte Touche Tohmatsu Limited (“DTTL”), its global network of member firms, and their related entities. DTTL (also referred to as “Deloitte Global”) and each of its member firms are legally separate and independent entities. DTTL does not provide services to clients. Please see www.deloitte.com/about to learn more. Deloitte Legal means the legal practices of Deloitte Touche Tohmatsu Limited member firms or their affiliates that provide legal services. For legal, regulatory and other reasons, not all member firms provide legal services. This communication contains general information only, and none of Deloitte Touche Tohmatsu Limited, its member firms or their related entities (collectively, the “Deloitte network”) is, by means of this communication, rendering professional advice or services. Before making any decision or taking any action that may affect your finances or your business, you should consult a qualified professional adviser. No entity in the Deloitte network shall be responsible for any loss whatsoever sustained by any person who relies on this communication. © 2019. For information, contact Deloitte Touche Tohmatsu Limited.
What is the change? Poland has changed minimum salary requirements for posted workers and ICT mobility permit holders. Starting Jan. 1, Poland will update minimum salary requirements for workers on local employment contracts.
What does the change mean? Foreign workers on local employment contracts must earn at least 2,600 zloty (about US$667 or €605) per month. Posted workers and ICT mobility permit holders must be paid according to the applicable regional salary minimum. Residency permit holders and their family members must be supported by an income of at least 528 zloty per month while single-person households must be supported by 701 zloty per month.
Additional information: The salary minimum for local employment contracts affects foreigners hired locally throughout Poland, i.e., those holding Type A work permits or residency permits with right to work. The minimum salary threshold for posted workers (work permits C, D and E for assignments) and ICT mobility permit holders depends on the administrative region, or voivodship, where the applicant applies for the permit. The minimum income thresholds for residency permits apply to all foreigners applying for residency permits, including dependent family members.
Analysis & Comments: Employers should be sure to account for the new salary minimums when planning their budgets. Polish authorities are expected to announce new EU Blue Card salary thresholds in the first quarter of 2020.
The Department of Homeland Security has announced that effective Nov. 11, Poland will be added to the visa waiver program.
BAL Analysis: Polish business and tourist travelers to the U.S. will benefit from the convenience of not having to apply for a visa at a consulate, especially for those making repeat visits or who need to travel on short notice. Visa-waived travelers are reminded to apply for their ESTA online at least 72 hours prior to travel.
This alert has been provided by the BAL U.S. Practice group. For additional information, please contact berryapplemanleiden@bal.com.
Copyright © 2019 Berry Appleman & Leiden LLP. All rights reserved. Reprinting or digital redistribution to the public is permitted only with the express written permission of Berry Appleman & Leiden LLP. For inquiries please contact copyright@bal.com.
What is the news? The Supreme Audit Office (NIK) has just published its report summarizing results of the official audit conducted on the public administration’s capability to handle foreigners’ immigration matters in Poland.
Key findings:
Report conclusions: The report concludes that the Ministry of Internal Affairs and the Ministry of Family, Labor and Social Policy, in particular, are accountable for delays as they did not create updated official documents governing state policy on immigration and employment of foreigners in Poland, nor did they effectively fulfill their role of overseeing the provincial immigration offices.
The report calls upon the Ministry of Internal Affairs to develop new strategies and state policies to properly address the processing time delays and inefficiencies within the state agencies, including provincial offices. The Ministry of Internal Affairs must submit a plan to the Council of Ministers specifying how they will improve the procedures for legalizing work and stay for foreigners and reduce the waiting time for the adjudication of permits.
In addition, the Ministry of Family, Labor and Social Policy has been advised to develop a new method to reduce labor market shortages, specifically relating to high-skilled occupations, and to focus on integrating and retaining foreign talent.
Background: Last September, the Supreme Audit Office (NIK) began a country-wide audit of voivodeship offices and labor offices, including the Office for Foreigners (Urząd do spraw Cudzoziemców) and other offices responsible for immigration policy and oversight. The audit aimed to assess the cause of immigration processing delays across the country and the government cost associated with these delays.
Analysis & Comments: The report’s findings identify the scope and breadth of ongoing processing delays in Poland, and specify the actions relevant government agencies must take to improve the current situation. The report’s conclusions are especially important for the Ministry of Internal Affairs and the Ministry of Family, Labor and Social Policy, as they are responsible for creating strategy documents on immigration policy and foreigner labor matters in Poland. The report requests that the Ministry of Foreign Affairs improve its supervision over subordinate agencies responsible for handling immigration assistance for foreigners, including provincial offices and the Head Office for Foreigners. The report states that authorities have already addressed some of the conclusions during the audit but the major conclusions still require action from various immigration departments.
Source: Deloitte. Deloitte refers to one or more of Deloitte Touche Tohmatsu Limited (“DTTL”), its global network of member firms, and their related entities. DTTL (also referred to as “Deloitte Global”) and each of its member firms are legally separate and independent entities. DTTL does not provide services to clients. Please see www.deloitte.com/about to learn more. Deloitte Legal means the legal practices of Deloitte Touche Tohmatsu Limited member firms or their affiliates that provide legal services. For legal, regulatory and other reasons, not all member firms provide legal services.
This communication contains general information only, and none of Deloitte Touche Tohmatsu Limited, its member firms or their related entities (collectively, the “Deloitte network”) is, by means of this communication, rendering professional advice or services. Before making any decision or taking any action that may affect your finances or your business, you should consult a qualified professional adviser. No entity in the Deloitte network shall be responsible for any loss whatsoever sustained by any person who relies on this communication. © 2019. For information, contact Deloitte Touche Tohmatsu Limited.
What is the news? The Supreme Audit Office (NIK) has commenced a widespread audit of voivodeship offices and labor offices throughout Poland as well as the Office for Foreigners (Urząd do spraw Cudzoziemców) and other offices responsible for immigration policy and oversight.
What does the news mean? The audit aims to assess the cause of immigration processing delays across the country and the government cost associated with these delays.
Background: Poland has seen an influx of foreign workers over the last few years, and the increasing numbers of work and residence permit applications have caused processing delays across the country. In the Lower Silesia region, namely Wroclaw, processing is especially slow and foreign nationals sometimes must wait more than a year for their temporary residence permit to be adjudicated, even though the process should be completed within two months according to Polish law. Similarly, while the statutory processing time for work permit applications is one month, some voivodeship offices are seeing delays of up to three months in issuing their decisions. While the authorities are able to prolong processing times in the case of complicated cases, they must inform applicants of the adjudication timeline. Recently, an increasing number of legal complaints have been filed for cases in which processing was extremely delayed, sometimes by several months. Many complaints have led to the administrative courts awarding monetary damages to those affected. The recent NIK audit aims to evaluate the cost and practical implication of these delays.
Analysis & Comments: While the implications of the audit will not be publicized until the second quarter of 2019, the results will allow the government to better assess the scope and breadth of immigration processing delays in Poland.
Source: Deloitte LLP. Deloitte LLP is a limited liability partnership registered in England and Wales with registered number OC303675 and its registered office at 1 New Street Square, London EC4A 3HQ, United Kingdom.