Changes in the Act on Foreigners | Immigrants in Action

Changes in the Act on Foreigners

Poland is amending the Act on Foreigners: legal provisions for foreigners are going to be changed. The new provisions come into force on May 1, 2014. Many rules and procedures for legalization of stay of foreigners have been simplified. The new law provides for new types of residence permits requested by the foreigner, as well as changes in the rules of obtaining them.

The Act provides for favourable provisions for foreigners of Polish origin, as well as for the children of foreigners with a regulated legal situation in Poland. The holders of the Polish Charter (Karta Polaka) who intend to settle permanently in Poland may request the right of permanent residence. The procedures commenced before the entry into force of the new provisions will be carried out according to the previous rules. Residence permits, however, will be issued in accordance with the terminology used in the new Act.

Another important changes:

– Any person who submits a request on legalization of stay in Poland will be required to be fingerprinted (except of children younger than six years old). As a result, the application should be submitted in person.
– A foreigner is no longer obliged to enclose a document confirming his/her right to a flat. At the time of filling in the application, it is enough to prove that the foreigner has a guaranteed place of residence.
– A foreigner has the opportunity to submit a new application for a residence permit before the last day of his/her legal stay in Poland. He/she is obliged to submit a request no longer than 45 days before the expiration date of a residence card or visa.
– If a foreigner wishes to renew a visa, it is possible until the last day of legal residence (instead of 3 days before the end of the stay as it was before the amendment).
– The procedure foreigners return from Poland has changed, too. The two decisions that were mandatory before (departure or expulsion from Poland), now have been replaced by a single decision obliging a foreigner to return. This decision will be issued by the Border Guard (instead of the Voivode).
– A foreigner has 30 days to leave Poland legally (without any negative consequences normally associated with illegal residence), if his/her legal stay or protection was refused.

The information come from the publication of the Office for Foreigners.

More on the following websites: www.cudzoziemcy.gov.pl and www.udsc.gov.pl

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