On 12 February 2018, an amendment to the Act on
Foreigners took effect that among others makes
changes to the temporary residence permits for
foreign nationals on account their intra-corporate
transfer. The amendment implements into Polish
law provisions of the Directive of the European
Parliament and of the Council of 15 May 2014 on
the conditions of entry and residence of third-
country nationals in the framework of an intra-
corporate transfer.
The amendment adds two new chapters to the Act.
The first is concerned with a temporary residence
permit for the purpose of work for intra-corporate
transferees and the other with the residence of
foreign nationals in Poland in exercise of their right
to mobility. Under provisions of the Act, an intra-
corporate transfer consists in a temporary
secondment of a foreigner who, at the time of
application for an intra-corporate transfer permit,
resides outside the territory of EU member states,
from the home undertaking to a host entity and the
exercise of mobility. In turn, mobility is the right of
a foreign national to enter and take temporary
residence within the territory of EU member states
for the purpose of work at a host entity established
in an EU member state as a manager, specialist, or
trainee employee as part of an intra-corporate
transfer.
The amended regulations add a new category of
permit legalising work and residence of a foreign
national, namely the intra-corporate transfer
permit (ICT permit). The new regulations permit a
three-year period of transfer for managers and
specialists and a one-year period of transfer for
trainee employees. Upon expiry of the above
periods, transferees have to leave the territory of
EU member states unless they obtain a residence permit on another basis in accordance with the EU
or national law. One of the conditions for
employees to be eligible for an intra-corporate
transfer is their previous employment at the
relevant undertaking or a group of undertakings for
at least 12 months in the case of managers and
specialists and for 6 months in the case of trainee
employees. Another novel category is a residence
permit to exercise long-term mobility (over 90
days) that can be issued for a period of up to the
validity date of an ICT permit (issued by another EU
member state) held by a foreign national. In
Poland, province governors are competent to issue
the above permits. An application for a permit can
only be filed by the host entity of the intra-
corporate transferee. Consequently, a foreign
national is not required to personally report to the
relevant office to file the intra-corporate transfer
application. A permit granted authorises the
foreigner to carry out work throughout the EU
within the applicable undertaking. In order to
enable a foreign national to exercise short-term
mobility in Poland (up to 90 days of stay in any 180-
day period), the host entity to which the intra-
corporate transferee has been transferred should
notify the Head of the Office for Foreigners in
Poland. In the case of short-term mobility, the
decision is not issued, and the foreign national may
leave Poland and stay within its territory based on a
residence card (that has “ICT” stamped on it)
issued in another EU member state.
The amendment also includes other modifications,
such as providing new arrangements whereby a
permit for temporary residence and work can be
granted to a foreign national who is willing to take
up work in a profession considered desirable for the
Polish economy. The amendments seek to provide
an improved legal framework for informed
management of migrations in Poland in the light of
the
constantly
evolving,
globally
and
internationally,
organisational
structure
of
employment.
MILLER, CANFIELD,
W. BABICKI, A. CHEŁCHOWSKI I WSPÓLNICY SP.K.
ul. Batorego 28-32
81-366 Gdynia
Tel. +48 58 782-0050
Fax +48 58 782-0060
gdynia@pl.millercanfield.com
ul. Nowogrodzka 11
00-513 Warszawa
Tel. +48 22 447-4300
Fax +48 22 447-4301
warszawa@pl.millercanfield.com
ul. Skarbowców 23a
53-125 Wrocław
Tel. +48 71 780-3100
Fax +48 71 780-3101
wroclaw@pl.millercanfield.com
Disclaimer: This publication has been prepared for clients and professional associates of Miller Canfield. It is intended to provide only a summary of
certain recent legal developments of selected areas of law. For this reason the information contained in this publication should not form the basis of any
decision as to a particular course of action; nor should it be relied on as legal advice or regarded as a substitute for detailed advice in individual cases.
The services of a competent professional adviser should be obtained in each instance so that the applicability of the relevant legislation or other legal
development to the particular facts can be verified.