The length of proceedings and the complicated procedure for granting temporary residence and work permits are the main factors that hinder the employment of immigrants from outside the European Union in Poland. After more than two years of efforts by the SME Ombudsman, the government has prepared a bill to facilitate procedures for granting permits for foreign employment
- Every year there are entrepreneurs who are willing and often even forced to employ workers from countries. third. At the same time, the offices are increasingly exceeding the statutory deadlines for examining applications submitted for this purpose. Due to the growing shortage of specialists on the Polish labour market, the further obstruction of the system affects not only the interests of individual entrepreneurs, but also the entire industries. Demographic projections indicate that in the perspective 20-30 years without immigrants on the labour market will not be possible economic development, and this will seriously distort the pension system," says Adam Abramowicz.
Addressing the problem of foreign employment required a number of regulations to be correlated. Therefore, the contributions of the Ombudsman to the case, consulted with the business community, were addressed to a number of ministries, including the Ministry of Foreign Affairs, the MRS and the MRPiPS. The result of this cooperation is a project prepared by the Ministry of Foreign Affairs amending the Foreigners Act and some other laws (UD275) which include the proposed improvements, i.e.:
- Extension of the deadline for work on the basis of a statement, from 6 to 24 months and abolition 6-the monthly withdrawal period between successive declarations,
- To clarify the conditions for granting temporary residence and work permits,
Abolition of the obligation to apply for a new temporary residence and work permit in the event of a change in the name of the post (with respect to the scope of duties) or an increase in working time while increasing remuneration proportionately.
The efforts of the SME Ombudsman to introduce these changes began 5 March 2019, where the average waiting time for a temporary residence and work permit decision was in some cases even 175 days instead of statutory 30.
It was sent then first a letter to the Prime Minister on the consideration of the possibility of supporting foreign departments in provincial offices.
In a reply sent by the Ministry of Foreign Affairs, it was informed that the ministry “shares the view that the personnel reinforcement of provincial offices is one from important issues which translate into the efficiency of proceedings concerning the legalisation of foreign residence and work permits.
Further efforts in this direction will continue."
Support for some of the demands expressed by entrepreneurs in a special memorandum and tabled by the Ombudsman of SMEs, was expressed by the Head of the Office for Foreigners at the meeting at the Office of the Ombudsman of SMEs 26 February 2020 The Ministry of Development, Labour and Technology in a letter from 8 February 2021 declared that new market reform solutions would be consulted with the Ombudsman for SMEs and social partners.
The SME spokesperson also addressed the opinion 5 November 2021 to Mr Wiesław Szczepański, Chairman of the Committee on Administration and Home Affairs in the Sejm of the Republic of Poland, asking to take into account comments on the bill.