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As a rule, the deadline that public authorities have to handle your case is set out in Art. 35 of the Code of Administrative Procedure, which stipulates that the settlement of an administrative matter should take place immediately, but not later than within one month of the initiation of the proceedings. In the case of a particularly complex case, the deadline is two months.

In the era of the coronavirus epidemic, the lives of both citizens and foreigners residing in the territory of the Republic of Poland encounter various difficulties. One of them is the obligation to submit to quarantine by persons crossing the Polish border pursuant to § 2 (2) of the Regulation of the Council of Ministers of 29 May 2020 on establishing specific restrictions, orders and bans in connection with the occurrence of an epidemic. Failure to comply with the quarantine obligation may result in a fine of up to PLN 30,000 imposed by the Poviat Sanitary Inspectorate. According to our practice, the consequences of failure to comply with the abovementioned however, the obligations are far more extensive for foreigners residing in the territory of the Republic of Poland. Recently, the Border Guard began to issue to foreigners breaking quarantine decisions obliging the foreigner to return on the basis of art. 302 paragraph 1 point 9 of the Act on foreigners, the consequence of which is also the expulsion of a given person from Poland. Article 302 para. 1 point 9 of the Act on foreigners provides that: “The decision to oblige a foreigner to return is issued to a foreigner when (…) it is required by reasons of national defense or security or the protection of public safety and order or the interest of the Republic of Poland” In the opinion of the law office, such severe consequences for foreigners residing in the country are unjustified and are not reflected in the content of art. 302 of the Act on foreigners. It should be noted that this is a violation of the administrative law obligation, which in essence was not defined by the legislator as socially harmful enough to be described as a crime or offense. This means that, in accordance with the administrative authorities’ principle of proportionality, no justification can be found for applying to a foreigner the strictest sanction in the form of expulsion from the country.

The amount of the reserved share is half of the inheritance share that would fall to the descendant, the spouse or parents of the heir if statutory inheritance occurred. If the holder of the reserved share is permanently unable to work or if the descendant is a minor, he is entitled to two-thirds of the value of the share.

The Law Firm represents employers in matters related to the employment of foreigners in Poland. We individually analyze the situation and help choose the best solution that will allow you to obtain a work permit in Poland. We have extensive experience in various matters related to the legalization of foreigners’ work in Poland. We deal with obtaining individual permits as well as comprehensive service for employers, fulfilling all obligations on their behalf.

In a situation where the testator has removed you from inheritance by disposing of your estate by way of a will, this does not mean that you are not entitled to part of the inheritance share – that is, to the reserved portion.

A foreigner intending to live permanently in Poland must legalize his stay here. His most popular way is to obtain a temporary residence permit first, then after fulfilling the additional conditions permanent or long-term resident’s residence in the European Union. The application for a residence card under the above permits is recognized by the Voivode competent for the place of residence of the foreigner.

Deporting a foreigner is nothing more than obliging him to return, i.e. leave Poland. More and more foreigners are coming to Poland. In most cases they come looking for work. For various reasons, however, it is not uncommon for them to be in a situation that threatens deportation.

In order to legally come to Poland it is necessary for a foreigner to obtain a visa. The exceptions are EU citizens who can travel to Poland without a permit, citizens of States who can stay in Poland for 90 days within a period of 180 days as part of visa-free travel or possibly have a residence card in Poland. The issue of visas is carried out by consular offices.