Amendments to the Act on aliens in Poland

On 24 May 2007 the Parliament of Poland passed the Act amending the Act on aliens. Article 18 of this Act makes it possible to legalise the stay in the territory of Poland for aliens staying in this territory illegally. The abolition will apply to foreigners who fulfill all of the following conditions:

1. they have stayed on the territory of Poland continuously at least since 1 January 1997;
2. on the day the act enters into force their stay in the territory of Poland is illegal;
3. they will submit an application for residence permit for a fixed period within 6 months from the day the act enters into force;
4. they will indicate the premises where they intend to stay and present the legal title to occupy these premises;
5. they have obtained the promise to be given work permit on the territory of Poland or written statement of an employer about their intention to employ the person concerned or to entrust them with other gainful work or functions in the management boards of legal persons conducting business activity if no work permit is required; or they have enough income or assets to provide maintenance for themselves and their dependants, including medical expenses, without the need to use material aid from social assistance funds within the period of 1 year.

The stay of aliens on the territory of Poland is deemed continuous if at least since 1 January 1997 the aliens have not left the Polish territory. However, if in this period there were any breaks in the stay of aliens on the territory of Poland, none of these breaks may have been longer than 6 months and all these breaks altogether should not have exceeded 10 months. The abolition concerns only those aliens who did not submit an application for a residence permit for a fixed period on the basis of abolition regulations introduced in 2003. If aliens meet the above conditions, the competent Voivode depending on the place of residence of aliens shall give residence permit for a fixed period of 1 year provided that it does not pose a threat to the defence or safety of the state or public safety and order, or else burden the state budget, or infringe the interest of the Republic of Poland. The Act of 24 May 2007 amending the Act on aliens and several other acts shall enter into fo rce on 20 July 2007.