Humanitarian visas constitute a tool that allows applicants for international protection to stay legally in the territory of the Republic of Poland. However, persons with this type of visa have been able to work in this country without breaking the law for only a few months. Previously, the provisions didn’t allow them to be employed.
1. Amendment to the provisions
On 1 December 2020, the provisions of the following legal acts entered into force: the Act of 28 October 2020 amending the Act on foreigners and certain other acts (Official Journal of 2020, item 2023), hereinafter referred to as the amending Act, and the Regulation of the Minister of Development, Labour and Technology of 20 November 2020 amending the Regulation on cases in which entrusting work to a foreigner in the territory of the Republic of Poland is allowed without the need to obtain a work permit (OJ 2020, item 2081), hereinafter referred to as the amending Regulation.
The abovementioned legal acts have significantly changed the situation of a foreigner who stays in Poland on the basis of a visa granted for the purpose of arrival for humanitarian reasons, due to the interest of the State or international obligations. Until now, a foreigner staying in this country on the basis of the document in question couldn’t legally work. The provisions explicitly excluded the possibility of employing a foreign national holding a humanitarian visa.
2. Change introduced by the amending act
The amending act removed from the content of Article 87(1)(12)(a) of the Act of 20 April 2004 on employment promotion and labour market institutions (i.e. OJ 2020, item 1409 as amended), hereinafter referred to as the Act on employment promotion and labour market institutions, a provision according to which a foreigner is entitled to perform work in the territory of the Republic of Poland if he/she holds a work permit and stays there on the basis of a visa, with the exception of a visa issued, among others, for the purpose referred to in Article 60(1)(23) of the Act of 12 December 2013 on foreigners (i.e. OJ 2020, item 35 as amended), hereinafter referred to as the Act on foreigners, i.e. a visa issued for the purpose of arrival for humanitarian reasons, due to the interest of the State or international obligations.
Currently, Article 87(1)(12)(a) of the Act on employment promotion and labour market institutions states: A foreign national is entitled to perform work in the territory of the Republic of Poland if he/she has a work permit and stays in Poland on the basis of a visa, with the exception of that one granted for the purpose referred to in Article 60(1)(1) or (22) of the Act of 12 December 2013 on foreigners.
This means that possession of a humanitarian visa by a foreigner doesn’t exclude the possibility of employing the foreign national. He/She can legally work in Poland.
3. No need to obtain a work permit
A foreigner having a visa issued for the purpose of arrival for humanitarian reasons, due to the interest of the State or international obligations, can legally work in the Republic of Poland, without the need to obtain a work permit. According to § 1 point 21 of the Regulation of the Minister of Labour and Social Policy of 21 April 2015 on cases in which entrusting work to a foreign national in the territory of the Republic of Poland is admissible without the need to obtain a work permit (OJ 2018, item 2081, as amended), hereinafter referred to as the Regulation, as amended by the amending Regulation, entrusting work to a foreigner in Poland without the need to obtain an appropriate authorisation is permissible in the case of foreign nationals: holding a valid visa granted for the purpose referred to in Article 60(1)(23) of the Act of 12 December 2013 on foreigners (OJ 2020, item 35 and 2023).
4. Extension of the catalogue of cases when it isn’t necessary to obtain a work permit
It should be noted that the amending Regulation added to the content of §1 of the Regulation, besides the aforementioned point 21, additional points, i.e. points 22 – 26. Consequently: entrusting work to a foreigner in the territory of the Republic of Poland without the need to obtain a work permit is also allowed in the case of foreign nationals:
22) holding a valid visa with the endorsement “Poland. Business Harbour”;
23) being doctors or dentists who have the right to pursue a profession in accordance with the provisions of the Act of 5 December 1996 on doctors’ and dentists’ professions (OJ 2020, items 514, 567, 1291 and 1493);
24) whose right to practice as a nurse or midwife was granted or confirmed in accordance with the provisions of the Act of 15 July 2011 on the professions of nurse and midwife (OJ 2020, items 562, 567, 945 and 1493);
25) authorised to practice the profession of a paramedic in accordance with the provisions of the Act of 8 September 2006 on the National Medical Emergency (OJ 2020, item 882);
26) who work as private domestic staff of a member of a diplomatic mission or consular post of a foreign country or of another person assimilated to a member of a diplomatic mission or consular post on the basis of acts, agreements or universally established international customs.
5. Legal notice
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