27 Jun 7951 views

Work permit in Poland vs. temporary residence and work permit

This post is dedicated to all of you who live in nations that are not members of the European Union. A work permit and a temporary residency and work permit in Poland are two papers that cause major problems for many non-EU employees. Hopefully, this post will make your move and transition to a new nation a little easier.

I just cover the essentials of both topics in this essay, but I've included links to official and trustworthy sources of information where you may get additional information.

Let’s Start With The Work Permit in Poland

DO you Neew A Work Permit ?

Some expats can work in Poland without a work permit. Check it out on this list.

You will have it easier also if you come from Armenia, Belarus, Georgia, Moldova, Russia or Ukraine. Learn more here.

Work Permit in Poland

If you wish to come to Poland, you must first legalise your stay and then your work. Your stay is legalised by a visa or a residence permit. When no other conditions apply, a work permit allows you to work legally.

Remember that if you have a tourist, temporary protection, or humanitarian visa, you are not permitted to work in Poland.

Only your potential employer has the authority to apply for a work permit on your behalf. The paper includes your company's name as well as your work title.

That means that in the European Union, and even in Poland, there is no such thing as an open work permit for all types of jobs. Only an employer who has secured a work permit for you can lawfully employ you in the job described in the paperwork. Your new employer must get a new work permit for you if you want to get a second job or change employers (or even positions).

Labour Market Test

A labour market test is one of the most unusual aspects of the process. The purpose of this administrative procedure is to see if there are any unemployed people who could work in your position who are registered with the labour office. Only if there are no suitable, unemployed individuals in the local labour market will your business be permitted to offer you this employment. I haven't heard any complaints about that technique, so it probably isn't a major roadblock for anyone. Please let me know if you know anyone whose work permit has been revoked due to the labour market exam - shoot me a mail or leave a comment here.

You can read more about the labour market test and the exceptional professions that don’t require this test to be conducted here.

Wokr Permit in Poland : Protect Your Rights

Your employer is required by Polish law to follow certain procedures, which you should be aware of. Check the list below to make sure your employer is following all of the rules. If you have any concerns, please contact me and I will locate competent assistance for you.

Your employer must inform you about any progress in the application or prolongation procedures, and about any events or conditions affecting your work permit application process;
The contract offered to you by an employer must be in accordance with the conditions described in the work permit’s application.
The contract you sign must be translated into a language that you can understand.
Your employer must provide you with copies of the documents involving your employment. They must always give you a copy of the work permit.
At least once a year your employer must adjust your salary to the average monthly remuneration published by the Polish official statistical institution.

I hope to publish an article about employee’s rights and duties in Poland in the future so make sure to subscribe to my newsletter so that you don’t miss anything important.

Work Permit in Poland : Continue Your Research

Do you want to learn more about work permits in Poland? Don’t look for information on big international expat websites. It’s better to use official info sources prepared by Polish institutions responsible for foreigners (all of the attached webistes have English language versions):

What’s The Difference Between A work Permit and A Temporary Residency And Work Pemit in Poland ?

Remember when I told you that there’s a difference between legalization of your stay and legalization of your work? The simple rule was that you were responsible for legalizing your stay, so you applied for a visa or a residence permit. And your employer was responsible to apply for a work permit for you. Well, the temporary residence and work permit is a real game changer. It legalizes both your stay and work – two for one.

This time you don’t rely on your employer – you’re the one who must go to the office and apply for the permit.

Document	Applying person
Visa	Employee
Work permit	Employer
Temporary residence and work permit	Employee

You still need to collaborate with your future company though. Your employer has to provide you with the results of the labour market test conducted for the job position that you’ll get and fill out the so-called “Attachment Number 1” which is crucial to start the procedure. They also have to sign a preliminary contract stating that you’ll start working in Poland when your work here is legal. You’ll find the full list of the required documents on the website of the office responsible for issuing your residence permit. For example in Kraków it’s the Voivodeship’s Office in Kraków, and in Warsaw it’s the Voivodeship’s Office in Warsaw.

Right now the offices in Poland are terribly slow and overcrowded and the process takes about 4 months in the easiest cases. You won’t be able to start working until the office issues a positive decision. There are some exceptions though. You can read about them on the websites linked in the “Continue your research section” below.

Whne you Can Get A Temporary Residency and Work Pemit in Poland ?

Let's pretend you've been in Poland on a work visa for a while. The visa is about to expire, but you want to stay. Expats in Poland frequently inquire about the possibility of extending their visas. Visa extensions are an uncommon occurrence reserved for exceptional circumstances. In most cases, you'll need to apply for a temporary residency permit. You can only apply for it once you've arrived in Poland.

Temporary residence permits come in a variety of forms. If you want to work while you're in Poland, you'll need to apply for a temporary residency and work permit.

For How Long in A Temporary Residency and Work Pemit Valid ?

Assume you've been in Poland for a while on a work visa. You wish to stay despite the fact that your visa is soon to expire. Expats in Poland routinely ask about the prospect of their visas being extended. Visa extensions are a rare event and are only granted in extraordinary situations. You'll almost certainly need to apply for a temporary residency visa. It is only possible to apply for it once you have arrived in Poland.

Permits for temporary residence come in a range of shapes and sizes. You'll need to apply for a temporary residency and work permit if you wish to work in Poland.