Polish work and residency permits
How long is a work permit valid?
A permit is given for a period ranging from three months to three years.
Poland's various work and residency permits
Permit procedures can be divided into two categories:
- uniform procedures for work and residence permits,
- uniform residency and work permit procedures plus a work permit.
Among the foreign nationals who cannot apply for a permit are
- postings of employees by employers with registered offices outside of Poland
- operating a company in Poland,
- seasonally employed in Poland,
- staying in Poland based on a visa granted by a Polish government agency for travel or visiting family or friends, or
- staying in Poland for tourism, vacation, or to visit family or friends on the strength of a visa issued by another Schengen member.
Uniform Work and residency permits in Poland
Any type of foreigner with a valid residence permit in Poland, when the application is made is subject to the procedure.
The foreigner delivers the application in person to the Wojewoda responsible for the foreigner's residence by the last day of their permitted stay in Poland.
Required documentation for a uniform residence and work permit
The list of required documents is as follows:
- an application form for granting a temporary residence permit,
- Annex 1, filled in by the employer,
- four current photos,
- confirmation of payment of PLN 440 for permit issuance and PLN 50 for residence card printing,
- passport (original and copy),
- employment contract or contract of mandate (original and copy),
- insurance policy (original and copy),
- certificate on Labor Market Test (except the cases mentioned on page 16),
- a document confirming the right to place of residence (i.e. lease agreement),
- other documents (depending on the foreigner’s special status).
Obtaining a uniform residence and work permit takes time.
A unified residence and work permit typically take 6 to 9 months. A significant influx of foreigners from former USSR nations, primarily from Ukraine, is linked to such a protracted period.
The foreigner's residence in Poland is legal until the decision on the uniform place and work permit is issued, whether positive or negative, if the application is submitted by the last day of the legal pad on the territory of Poland.
Polish work and residency permit changes
A new uniform residence and work permit are necessary when working conditions (position, type of contract, salary reduction) change.
The same residency and employment permit obtained based on employment with the previous employer does not grant the right to work for a different employer. It will be necessary to get a new work and residence permit.
uniform residence and work permits plus a work permit
Foreign nationals who do not currently reside in Poland and who do not possess a Poland residence card or visa-free travel authorisation may be subject to this type of permit procedure.
Application process
There are two stages to the process:
- obtaining a work permit from the employer,
- travelling to Poland and requesting a work permit and uniform residence as a foreigner.
Stage 1: Employer obtains a work permit
The Wojewoda is competent for the employer's seat or place of residence and issues the work permit for up to 3 years upon the employer's request.
The list of the documents to be filed:
- The application form for granting a work permit,
- Confirmation of payment of PLN 100 for permit issuance,
- Employer’s ID (for a natural person) or excerpt from KRS (for a legal person),
- Employer’s articles of association (for legal person),
- Copy of the passport of a foreigner,
- Certificate on Labor Market Test (see p. 13) or documents confirming the possibility of using an exemption from the Labor Market Test,
- Documents confirming foreigner’s job qualifications,
- Other documents depending on the foreigner’s special status.
In reality, obtaining a work permit takes three to six months. A significant influx of immigrants from former USSR nations, primarily from Ukraine, accounts for the extended period.
Stage 2: Entering Poland and requesting a foreigner's uniform residence and employment permit.
Foreign nationals must submit the work permit they receive from their employer and their application for a working Polish visa to the Polish consulate or embassy.
Following the entry into Poland based on a valid work visa, the foreign national enters into an employment contract or mandate with the employer under the terms outlined in the work permit. During the visa's validity (up to 1 year), a foreigner may work for the employer based on a work permit.
To continue residing in Poland, the foreign national must apply for a combined residence and work permit by the last day of the working visa's validity.
The Wojewoda is responsible for the foreigner's place of residence and issues the uniform residence and work permit at the request of the foreigner for a maximum of three years.
The list of the documents to be filed:
- an application form for granting a uniform residence and work permit,
- Annexe 1, filled in by the employer,
- four current photos,
- confirmation of payment PLN 440 for permit issuance and PLN 50 for residence card printing,
- passport (original and copy),
- an employment contract or contract of mandate (original and composition),
- confirmation of regular payment of social security and health insurance contributions by the employer,
- work permit,
- a document confirming the right to place of residence (i.e. lease agreement),
- other documents (depending on the foreigner’s special status).
It takes 6 to 9 months to issue a uniform residence and work permit. A significant influx of foreigners from former USSR nations, primarily from Ukraine, is linked to such a protracted period.
List of foreign nationals who are exempt from needing work permits
Without a work permit, a foreigner may engage in employment on Polish territory if (the most general categories are listed below):
- has a permanent residence permit in Poland,
- has a long-term resident’s EU residence permit in Poland,
- is a citizen of a member state of the European Union,
- is a citizen of the European Economic Area, not belonging to the European Union,
- is a spouse or a descendant of a Polish citizen or foreigner mentioned above and possesses a temporary residence permit on the territory of Poland,
- has a valid Polish Card (Karta Polaka),
- is entitled to reside and work in the territory of a Member State of the European Union or a European Economic Area not belonging to the European Union or Swiss Confederation who is employed by an employer established in the territory of that country and temporarily posted by that employer to provide services on the part of Poland,
- is a citizen of the Republic of Armenia, the Republic of Belarus, the Republic of Georgia, the Republic of Moldova, the Russian Federation or Ukraine, who performs work other than seasonal for a period not longer than six months in the next 12 months, if the local labour authority before commencement of work by a foreigner has entered a statement on entrusting work to a foreigner in the record of ideas, and the result is performed on the terms specified in this statement,
- is a student of full-time studies in Poland or participant of full-time PhD studies in Poland,
- graduated from Polish upper secondary schools, full-time studies or full-time PhD studies at Polish universities, at scientific institutes of the Polish Academy of Sciences or research institutes operating based on provisions on research institutes,
- delegated to the territory of Poland by a foreign employer, and keep their permanent residence abroad, for a period not exceeding three months in a calendar year, too:
- the receipt of ordered equipment, machines, other equipment or parts made by a Polish entrepreneur,
- performing assembly, maintenance or repair works, delivering technologically complete equipment, constructions, machines or other equipment if the foreign employer is their producer,
- training of employees of a Polish employer who is the recipient of devices, constructions, machines or other equipment referred to in point a, in terms of its use or use,
- assembly and disassembly of trade fair stand, as well as care for them if the exhibitor is a foreign employer who delegates them for this purpose.
- other categories of foreigners provided by the legal regulations.
Foreigners exempt from the requirement to obtain a work permit must still ensure the legality of their residence in Poland.
A foreign national whose stay in Poland is unlawful (for example, because they do not have a valid visa or residence permit or have exceeded the free-visa period) may not be employed by the employer.
Labour Market Test
The certificate on Labor Market Test is not needed in the following cases:
- the employer applies for an extension of the work permit for the same foreigner and in the same position,
- a citizen of Ukraine, Russia, Belarus, Moldova, Georgia, or Armenia, performing nursing and caring work or as domestic help for individuals in the household,
- a citizen of Ukraine, Russia, Belarus, Moldova, Georgia, or Armenia who performed work for the same period of at least three months in the period immediately preceding the submission of the application for the same employer based on a declaration of intention to entrust work,
- the foreigner straight before the application for a temporary residence and work permit filing had a work permit or uniform residence and work permit and worked for the same employer in the same position,
- the foreigner is exempted from the obligation of obtaining a work permit (please see p. 15),
- the foreigner will work in the following position:
- doctors and nurses,
- some categories of engineers (concrete, glass technologies, electrical, for Industry and production),
- most IT specialists,
- some categories of builders and artisans,
- carers of elderly persons,
- bus and truck drivers,
- others.
- the foreigner will work on the position included in the list approved by the regulation of the regional authority (Wojewoda). For example, for the Wielkopolska region, the list consists of the following professions:
- some categories of cooks,
- some categories of builders and artisans,
- furniture carpenters,
- warehouse workers,
- kitchen help,
- manual packers,
- some others.
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