European Migration Network

The purpose of this report is to provide an overview and analysis of the conditions in place in Poland that regulate the changes of status between different categories of third-country nationals as well as to examine how a change of status impacts on the rights of a third-country nationals. In many (Member) States, there is no systematic overview of whether (and which) status changes are possible. The aim of the EMN study is therefore to address this gap.

The issues related to the possibility to change the purpose of stay of foreigners have not yet been subject of an extensive public debate or discussion among experts dealing with migration to Poland. This topic was touched up to a small extent only in the context of foreign students and the scope of economic activity that they are allowed to conduct after completing their studies, as well as the change of purpose of stay, and in the context of graduates of Polish universities who seek employment in Poland. The discussions led to necessary amendments to the law.

The provisions of the current Act on Foreigners are flexible in allowing foreigners to obtain another residence permit (without having to travel to the country of origin) in the event of a change in the circumstances that constitute the reason for their stay in Poland. The foreigner in general does not have an obligation to leave Poland, if he/she submits an application for a residence permit by the set deadline (on the last day of his/her legal stay at the latest).

The change of residence status in Poland is possible with respect to an overwhelming majority of permits. The only existing restrictions result from the necessity to adjust Polish provisions to migration-related directives.

The aim of this EMN Focussed Study is to provide an overview and analysis of the conditions that regulate the changes of status between different categories of third-country nationals in the 24 EU Member States, which have submitted their National Reports for this Study. In this report, the concept of changes in the purpose of stay is interpreted rather broadly, covering any request for a different permit to stay than the original permit, by any category of third-country national whose (temporary or long-term) stay is authorised in a Member State. 

The Study specifically covers the following main research points:

• Mapping of the national legislation / policies available to third-country nationals covered by the present study and rights acquired by these thirdcountry nationals;
• Identification of the national rules on changes in purpose of stay that (can) apply to the categories of migrants covered by this Study;
• Examination of the various rights that are granted to the categories of migrants who benefit from each particular status and the impact of changes of status on the rights of these migrants;
• Comparison and assessment of the different national policies in place for changes in purposes of stay, identifying the main drivers from the perspective of national legislators;
• Identification of specific measures in place in the Member States to facilitate changes in statuses of migrants in the categories covered by the Study;
• Analysis of the challenges associated with the implementation of these policies;
• Collecting good practices and lessons learnt in devising secure and administratively-friendly systems for implementing status changes of legally admitted third-country nationals.