Seasonal work

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.

Temporary residence permit due to seasonal work

Legal grounds – Act of 12 December2013, on Foreigners – Article 185a of the Act – along with implementing acts

To whom and for what period of time it may be granted

Foreigners, whose purpose of stay within the territory of the Republic of Poland is to perform seasonal work, referred to in Article 88 (2) of the Act of 20 April 2004 on employment promotion and labour market institutions (seasonal work), for the entity temporary entrusting work performance or for another entity entrusting work performance.

This permit shall be granted for the period of the permit for seasonal work held by the foreigner or extension of seasonal work permit, not longer than 9 months from the day of the first entry, for the purpose of seasonal work, occurring in the given calendar year. The permit may also be granted if the circumstances, which constitute the basis for application for the permit, do not justify the foreigner’s stay within the territory of the Republic of Poland for a period longer than 3 months.

Where and when to make the application

Foreigner shall make an application in person, not later than on the last day of legal stay within the territory of the Republic of Poland to the voivode competent for the place of residence of the foreigner. When making the application the foreigner shall be obliged to provide fingerprints.

Fees related to granting the permit

Stamp duty PLN 170

Fee for issuing a residence card PLN 50

Necessary documents

1. Completed in accordance with the instructions form of the application for granting temporary residence permit;
2. Four valid photographs;
3. Xerox copy of a valid travel document (original for inspection), in a particularly justified case, when the person has no valid travel document and it is impossible to obtain it, he/she may present other identity confirming document..

Note: Absence of any of the aforementioned documents shall result in a call upon the foreigner for supplementing thereof within the period not shorter than 7 days from service of the call under pain of leaving the application unprocessed.

Typical documents needed for processing the application

Note: Attaching the filled documents to the application before its submission may reduce the number of official correspondence and shorten the time of settling the case.

1. Document confirming that the foreigner has entered the territory of the Republic of Poland on the basis of a visa issued for the purpose of seasonal work or under visa-free regime, in relation with the application for granting seasonal work permit entered into the application register, referred to in Article 88p (1) (1) of the Act of 20 April 2004 on employment promotion and labour market institutions;
2. Seasonal work permit or extension of the seasonal work permit;
3. Documents certifying a source of stable and regular income to cover living expenses for themselves and any dependent family members thereof (for a person running household alone – in the amount higher than net PLN 701 per month, for a person in a family – in the amount higher than net PLN 528 per month), e.g. PIT tax return on the amount of income earned by the foreigner for the last tax year or ZUS statement.
4. documents certifying health insurance as defined by the Act of 27 August 2004 on health care services financed from public funds or confirmation of insurer’s coverage of medical treatment costs within the territory of the Republic of Poland (e.g. relevant ZUS statement, insurance policy);
5. Document confirming a place of accommodation provided (e.g. confirmation of registration, apartment rent contract, other contract enabling possession of a dwelling, or statement of a person authorised for possession of a dwelling on provision of a place of residence to the foreigner).

Residence status after submitting the application

If the application for granting temporary residence permit was made during legal stay of the foreigner and the application was free of any formal defects or the formal defects have been corrected within the deadline, voivode shall include the travel document of the foreigner with a stamp imprint, confirming making the application. The foreigners stay is deemed legal from the day of submitting the application until the day when the decision in the case of granting temporary residence permit would become final.

NOTE:
Including an imprint of a stamp in the foreigner’s travel document does not entitle the foreigner to travel within the territory of other Schengen States, but the foreigner may leave for the country of origin, however, in order to return to Poland it is necessary to obtain a visa if that person originates from a country subject to the visa obligation.

Case settlement period

Issuance of the decision in the permit case should occur within 1 months from the day of initiating the proceedings.

Document issued after obtaining the permit

The foreigner who has obtained the temporary residence permit within the territory of Poland is issued with a residence card, annotated “seasonal work”. The document is issued ex-officio by the voivode who has granted this permit to the foreigner.

In its validity period the residence card confirms the identity of the foreigner during that persons stay within the territory of the Republic of Poland and, together with the travel document, provides the right for multiple crossing the border without the need to obtain a visa.

Information obligations related with obtaining the permit

Within 15 working days the foreigner who was granted temporary residence permit shall be obliged to notify the voivode who has granted the permit that the reason for granting thereof no longer applies. If the temporary residence permit was granted by the Head of the Office in the second instance, the aforementioned notification shall be addressed to the voivode, who made the decision in the case of granting the permit in the first instance.

The right for performance of work

The permit shall not individually grant the foreigner the right to access Polish labour market. Undertaking employment is possible on the condition of the foreigner holding a seasonal work permit or extension of the seasonal work permit.

The obligation to leave Poland upon refusal, discontinuation or revocation of the permit

The foreigner is obliged to leave the territory of the Republic of Poland within 30 days following the day, when the decision on refusal to grant the temporary residence permit, the decision on discontinuing the aforementioned case or the decision on revocation of the permit has become final, in the case of issuing the decision by the higher degree authority, following the day of servicing the decision to the foreigner, unless that person is entitled to stay within the territory of Poland on another basis.