What does the change mean? Residence permits are normally issued within four months, but wait times are now reaching six to eight months. The delays have left some foreign workers of neighboring countries stuck in Poland as they await the issuance of their residence permit once their six-month National “D” visas expire.
Background: Poland has been experiencing processing delays for some time. The current delays in residence permit processing have caused particular problems for nationals of neighboring countries, including Belarusians, Russians and Ukrainians, who are eligible for fast-tracked Oswiadczenie work permits. This is because without a residence permit they cannot receive a work permit before their six-month National “D” visas expire. Applicants for full (Type A) work permits receive 12-month visas and have not been as impacted by the backlog. In cases where visas expire before residence permits are issued, affected workers do not lose their eligibility to remain in Poland but risk being turned away upon re-entering the country.
BAL Analysis: Employers should brace for delays and other problems associated with the increased processing times. BAL has, in some cases, been able to draft additional support letters to speed up the issuance of residence permits. Another option is to apply for a Type A work permit even for those who qualify for Oswiadczenie work permits, but there have been reports of delays with Type A work permits as well. Employers should work with their BAL professional to strategize how best to address this challenge on a case-by-case basis.
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Founded in 1980, Berry Appleman & Leiden (BAL) provides comprehensive global immigration services from seven offices across the U.S. and from offices in Geneva, London, Melbourne, Rio de Janeiro, São Paulo, Shanghai, Singapore and Sydney. BAL manages global visa matters and customized application approaches for work permits, business visas, and residence permits in more than 100 countries. With a single cost center for worldwide operations, BAL offers centralized management with regional and local support for the complete spectrum of global immigration matters.
Source: Berry Appleman & Leiden LLP