Provision of work during the proceeding for granting temporary residence permit
This announcement does not constitute any source of law. The authors showed due diligence for it to be compliant with the binding legal regulation. However, it is necessary to remember that it concerns typical frequently occurring cases, and may not fully refer to particular cases. The number and type of documents, which may be required by administrative authorities during the proceedings, may differ from the listed on a case-by-case basis. In case of any doubts, it is necessary to contact the authority competent for hearing the individual case or to independently review the legal regulations.
Legal grounds – Article 87 (1)(12)(b) and (13), Article 87 (2) (5), Article 88g (1b) Article 88 after paragraph 3 of the Act of 20 April 2004 on employment promotion and labour market institutions (Journal of Laws of 2018 pos. 1265, as amended).
The foreigner, who made the application for granting temporary residence permit during a legal stay in Poland, the application was free from formal defects or those defects have been remedied within the required time limit and the voivode has made in the travel document of the foreigner the stamp imprint confirming making the application, shall be entitled to work within the territory of Poland during the pending proceedings for legalisation of stay in Poland, until the decision in the case becomes final, if:
- that persons has valid work permit or directly prior to making the application was entitled to work within the territory of the Republic of Poland,
- that persons is exempted on the basis of the separate provisions from the obligation of having work permit (exemption from the obligation of having work permit must, however, be valid during the pending administration proceedings),
- directly prior to making the application, that person was exempted from the obligation of having work permit due to holding, among others:
- temporary residence permit for the purpose of undertaking studies
- temporary residence permit for the purpose of conducting scientific research,
- temporary residence permit for the purpose of long-term mobility of a scientist,
- temporary residence permit for a family member of a citizen of the Republic of Poland,
- temporary residence permit for the purpose of family reunification, temporary residence permit for the victims of human trafficking,
- temporary residence permit for the holder of the residence permit for EU long-term resident or a family member thereof,
- temporary residence permit for a foreigner, who, directly prior to making the application for granting this permit resided within the territory of Poland on the basis of the temporary residence permit for the purpose of conducting research, has completed the research or development works and seeks employment within the territory of Poland or plans to establish economic activity within the territory,
- who has made the application for granting temporary residence permit for the purpose of highly qualified employment or the temporary residence permit for the purpose of conducting economic activity, for the purpose of continuing work performed in accordance with the previously held temporary residence permit or work permit.
In the situation of provision of work by the foreigner within the territory of Poland, on the basis of the statement on entrusting work to the foreigner, the possibility of continuing legal work during the proceeding for granting residence permits exists only in the case of applying for granting a temporary residence and work permit due to continuation of work at the same employer, which previously has employed the foreigner for the period not shorter than 3 months in relation to the statement, on the same position on the basis of employment contract.
