Office for Foreigners

Ensuring the conditions for the application of the provisions laid down in the of European Parliament and Council Regulations (EU) 2018/1860 and 2018/1861

Regulation 2018/1860 establishes a new system for exchanging information between Member States which use the SIS on the decisions forcing the return in respect of third-country nationals who illegally remain on the territories of Member States and to monitor if the foreigners covered by the changes have left the territory.

While the Regulation 2018/1861 introduces more detailed regulations on entries in SIS and mutual consultations between Member States which use SIS for the purpose of refusing the entry and stay of third-country nationals into Schengen area countries, as well as the mandatory time frame of such consultations.

The amending act introduces mainly regulations of a competence nature by indicating authorities competent to perform the tasks provided in the regulations, which complete the regulations introduced by the Act of 1 December 2022 amending the Act on the participation of the Republic of Poland in the Schengen Information System and the Visa Information System and certain other acts (Journal of Laws, item 2642). The amendments also aim to make the return of illegally staying third-country nationals more efficient.

Changes to the appellate authority in cases of obligation of the foreigner to return (and related cases) and the rules governing the conduct of these proceedings

The Act transfers part of the existing competences of the Head of the Office for Foreigners to the Commander in Chief of the Border Guard, as a higher level authority in relation to commanders of Border Guard divisions and posts. The amendment applies to the procedures in administrative cases:

• the foreign national’s obligation to return,
• extension of the time limit for voluntary departure (previously the time limit for voluntary return – nomenclature change),
• revocation of the re-entry ban,
• the granting of a residence permit for humanitarian reasons and a permit for tolerated stay,
• withdrawal of humanitarian residence permits and permits for tolerated stay,
• issuing or replacing a residence card to an alien who has been granted a residence permit for humanitarian reasons, and
• issue or exchange of a “permit for tolerated stay” document,
• the transfer of a foreigner to another Member State of the European Union, a Member State of the European Free Trade Association (EFTA) – a party to the Agreement on the European Economic Area or the Swiss Confederation (on the basis of an international agreement on the transfer and reception of persons in force on 13 January 2009),
• expulsion of an EU citizen or non-EU family member,
• revoking the decision to expel an EU citizen or non-EU family member.

In this context, it should also be noted that the time limits for appeals to the Commander-in-Chief of the Border Guard in cases of, for example, obliging a foreigner to return, will be 7 days.

The minimum period of voluntary departure that can be specified in the decision to oblige the foreigner to return will be 8 days, instead of the previous 15 days.

In addition, the maximum period of the re-entry ban in the decision on the foreigner's obligation to return and the validity of the entry of the foreigner’s data in the list of foreigners whose stay on the territory of the Republic of Poland is undesirable will be extended to 10 years (currently, in both cases, the maximum period is 5 years) and this will apply to cases in which the relevant decision or entry is justified by reasons of defence, state security or the protection of public security and order.

At the same time, the authority issuing the decision on the foreigner’s obligation to return specifying the deadline for voluntary departure will be given the possibility under the new provisions to waive the ruling on the prohibition of re-entry into the territory of Poland and other Schengen States. The fundamental premise will be an assessment that there is a high probability that the foreigner, if re-entering the territory of Poland, will comply with the legal order, including the provisions of migration law.

The Commander-in-Chief of the Border Guard will also become the authority solely responsible for the tasks of assisting foreigners in their voluntary return and assistance related to the transfer of a foreigner to another Member State of the European Union responsible for examining an application for international protection under Regulation 604/2013[i].

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.

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).

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.

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.

Diia.pl electronic document for underage Ukrainian citizens

A legal basis will be introduced for providing an electronic document within the public mobile application diia.pl to a Ukrainian citizen who has already downloaded an electronic document with the personal data of a minor child under his or her parental authority. This document confirms that the Ukrainian citizen has a PESEL number with the status 'UKR' and is also a residence permit.