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 of 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 of 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.