Changes in migration law
Amendments to the rules governing residence permits for long-term residents of the European Union
One of the requirements for granting a long-term resident’s EU residence permit is that the foreigner must have a confirmed knowledge of Polish at B1 level. The amending act will amend a provision of the Act on Foreigners which currently refers to an official certification of knowledge of the Polish language.
Confirmation will be possible through the foreigner also using other certificates of proficiency in Polish at a language proficiency level of at least B1. Their list will be set out in a regulation issued by the minister responsible for internal affairs.
The above amendments will enter into force on 24 June 2023 and will apply to long-term EU resident permit proceedings in progress on that date.
Extension of the scope of entities exempted from the approval of the minister responsible for internal affairs for the purpose of admitting foreigners for the purpose of taking up or continuing studies
The category of entities not subject to the approval of the minister responsible for internal affairs for the purpose of admitting foreigners for the purpose of taking up or continuing studies will include:
• research institutes within the meaning of the Act of 30 April 2010 on research institutes (Journal of Laws of 2022, item 498),
• scientific institutes of the Polish Academy of Sciences referred to in the Act of 30 April 2010 on the Polish Academy of Sciences (Journal of Laws of 2020, item 1796).
These changes shall enter into force on 7 April 2023 and will not apply to temporary residence permit proceedings for the purpose of study that are ongoing on that date.
Changes concerning the Polish travel document for foreigners
The amending act will introduce two groups of changes concerning the Polish travel document for foreigners. They are intended to improve the legal and factual situation of Belarusian citizens on the territory of Poland.
Firstly, a new basis for the exemption of the fee for issuing a Polish travel document for a foreigner will be introduced. The exemption will apply to persons with citizenship as defined by a decree of the minister responsible for internal affairs.
These provisions will enter into force on 23 April 2023. The existence of the exemption will therefore depend entirely on whether a regulation is issued.
Secondly, the Amendment Act will introduce a new alternative basis for issuing a Polish travel document to a foreigner. It is intended to ensure a faster and simplified issuing of such a document to foreigners who have difficulties in obtaining travel documents in their countries of nationality.
The applicability of this solution will depend on the issuing of a relevant regulation by the minister responsible for internal affairs. The above changes will come into effect on 1 June 2023.