Biznes Fakty
Benefits for foreigners under new regulations. The government has unveiled a draft
The proposed legislation by the Ministry of Interior and Administration, aimed at verifying eligibility for the 800+ benefit, connects the applicant’s involvement in the job market with their children’s enrollment in Polish educational institutions. The released document also outlines, among other things, the prerequisites for receiving the Good Start benefit.
The draft law, which modifies various acts to assess the entitlement to family benefits for foreigners and the conditions for assisting Ukrainian citizens due to the armed conflict in their country, was posted on the Government Legislation Centre’s website on Tuesday.
800 plus for foreigners
It associates the entitlement to child benefits (known as 800 plus) for individuals from third countries with the applicant’s job engagement and their children’s schooling in Poland. The Ministry clarified that the new regulations make the right to benefits contingent solely on the applicant’s professional endeavors and do not consider the employment status of the child’s other parent or guardian.
„This implies that benefits will also be accessible to families where one parent dedicates time to child-rearing while foregoing professional pursuits. Nonetheless, it remains true that foreigners legally residing in Poland must have adequate means for self-support, and family benefits should not serve as their sole income source,” it was explained.
The provisions under consideration aim to enable the Social Insurance Institution to verify monthly, through the register maintained by the Commander-in-Chief of the Border Guard, whether foreigners fulfill the residency requirement in Poland for benefit payments or potential withholdings.
Good Start for Foreigners
Additionally, the project makes the entitlement to the Good Start benefit for foreigners dependent on fulfilling the criteria of professional activity or being covered by health insurance.
The bill modifies the Population Registration Act by introducing a requirement for personal appearance for PESEL number assignment, except for children born in Poland. This will facilitate the verification of the presence of children in Poland for whom applications are being filed.
The regulations also incorporate changes stemming from the EU Council Implementing Decision of June 25, 2024. These changes extend the duration during which Ukrainian citizens who arrived in Poland due to military actions in their homeland are recognized as legally residing in Poland, along with their related access to the job market, until March 4, 2026. Concurrently, these changes introduce measures to tighten the support framework and eliminate certain existing emergency provisions.
Consequently, the timeframe allowing the temporary use of completed construction facilities for collective housing of Ukrainian citizens is anticipated to be extended until March 4, 2026.
Furthermore, it prolongs the validity of national visas and temporary residence permits issued to Ukrainian citizens, as well as deadlines for Ukrainian citizens to exit Poland and for voluntary returns, along with the validity periods of residence cards, Polish identity documents for foreigners, and „tolerated stay” permits granted to Ukrainians.
Tax preferences
The bill prolongs tax preferences that provide fiscal support amid the ongoing conflict in Ukraine until the end of 2026. This includes exemptions from income tax for donations and non-paid benefits received by taxpayers, and the exclusion from personal income tax for humanitarian assistance received by Ukrainian citizens who relocated to Poland after February 23, 2022, due to the ongoing military operations.
Moreover, the Ministry of Interior and Administration intends to offer clarity regarding the maintenance of the national collection of registers, records, and lists of foreigners within the IT framework. The Commander-in-Chief of the Border Guard will be mandated to input data from documents utilized for border crossings and to include fingerprints to ensure accurate identification.
The bill stipulates October 31, 2025, as the deadline for accepting Ukrainian war refugees into collective housing centers, with exceptions for vulnerable groups, which are specifically defined in the bill. It also specifies the circumstances under which a voivode can evict a Ukrainian citizen from a center.
Additionally, the criteria for revoking a temporary residence permit for a period of one year or six months would be broadened in cases where a Ukrainian citizen has submitted an application with false personal information or misleading data; has provided false testimony, concealed the truth, or forged or altered a document to represent it as authentic, or if a marriage was contracted to circumvent the regulations concerning foreigner entry into Poland.
The so-called simplified system, allowing Ukrainian citizens and others who obtained medical or dental qualifications outside the EU to work as doctors and dentists, is also set to be tightened.
According to the ministry, the proposed amendments are designed to „prevent the influx of foreigners from third countries whose primary objective is to rely on benefits available in Poland.” At the same time, they aim to avert „the risk of social exclusion for foreigners from third countries who are legally residing in Poland.”
Maciej Duszczyk, Deputy Minister of Internal Affairs and Administration, announced on Monday evening during the 10th meeting that efforts on the draft law to tighten access for foreigners to family and health care benefits have been completed.
„The bill contains provisions intended to prevent disorder following September 30,” the deputy
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