Temporary residence and work 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.

Temporary residence and work permit

Legal grounds – Act of 12 December2013, on Foreigners – Article 114 and 126 of the Act – along with implementing acts.

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

Foreigners intending to undertake or continue work within the territory of the Republic of Poland, if the circumstances justify the foreigners stay within the territory of the Republic of Poland for the period longer than 3 months.

Also to foreigners intending to undertake or continue work as a board member in a joint-stock company or limited liability company, which shares or stocks are not owned by the foreigner, and the entity which that person manages or will be managing, meets the relevant requirements.

Temporary residence permit shall be granted for the period necessary for implementation of the purpose of the foreigner’s stay within the territory of Poland, exceeding 3 months up to 3 years, with the possibility to apply for the subsequent permits.

Please, note important exception: this permit may not be applied for by foreigners:

• being employees delegated by an employer seated outside Polish borders,
• residing within the territory of Poland on the basis of obligations as stipulated in international agreements concerning facilitation of entry and temporary residence of certain categories of natural persons, dealing with commercial transactions or investments, or
• conducting economic activities in Poland,
• performing seasonal work in Poland,
• residing within the territory of Poland on the basis of a visa issued by Polish body for the purpose of tourism or a visit with family or friends, or
• residing within the territory of Poland for the purpose of tourism or visit with family or friends, on the basis of a visa issued by another country of the Schengen area.

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

Temporary residence and work permit for an employee:

Stamp duty PLN 440

Fee for issuing a residence card PLN 50

Temporary residence and work permit for a foreigner being board member in a limited liability company or a joint stock company, which shares or stocks are not owned by the foreigner PLN 340

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;
   Note: The application should be attached with appendix no. 1, which is to be completed by the entity entrusting work to the foreigner (employer of the foreigner).
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 of 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. Notification of the starost competent for the main place of work performance by the foreigner on the lack of possibility to satisfy human resources needs of the employer on the basis of the unemployed registers and negative result of the recruitment process organised for the employer.

Note: This document shall be issued at the request of the entity entrusting work performance by the Poviat Labour Office competent for the main place of work performance, or competent for the seat or place of residence of the entity entrusting work performance, in the case if the specification of work performed by the foreigner does not allow to indicate the main place of work performance, or competent for the seat or place of residence of the user employer, in the case when the temporary work specification performed by the foreigner does not allow to indicate the main place of work performance.

In case of doubts, whether the above notification of the starost is required, it is recommended to contact the relevant organisational unit of the voivodship office, dealing with issuing work permits for foreigners.

The document is not required, if:

a) the profession performed or work entrusted is present on the list, determined by every voivode, of professions and types of work in relation to which issuance of work permit does not require inclusion of the aforementioned notification to the starost (Article 10 (4) (1) of the Act of 20 April 2004 on employment promotion and labour market institutions), or

b) the foreigner, directly prior to making the application had work permit or temporary residence and work permit with the same employer and on the same position, or

c) the foreigner meets the conditions as stipulated in the provisions issued on the basis of Article 90 (5) of the Act of 20 Article 90 April 2004 on employment promotion and labour market institutions, or

d) the foreigner, within the period of 3 year preceding making of the application, has graduated from a university seated within the territory of the Republic of Poland or another country of the European Economic Area or the Swiss Confederation or is a listener of doctoral studies in the Republic of Poland, or

e) the foreigner, within the period of 3 years preceding making of the application has legally and uninterruptedly resided within the territory of the Republic of Poland, or

f) the foreigner meets the conditionsof exemption from the obligation of having work permit, stipulated by separate provisions, or

g) work performed by the foreigner consists of procurement activities, being a board member of a joint stock company or a limited liability company, which shares or stocks are not owned by the foreigner.

2. In the case of meeting the conditions for exemption from the obligation of having work permit – document confirming meeting those conditions (e.g. the Card of the Pole, full-time studies graduation diploma of Polish university);

3. Document confirming a place of residence 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);

4. work certificate from the previous employer (in the case if the foreigner has previously performed work for a different employer);

5. 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;

6. documents certifying holding a 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).

If performance of within the territory of the Republic of Poland includes procurement activities, the foreigner serving as a board member of a legal person subject to entry to the register of entrepreneurs, which shares or stocks are not owned by the foreigner – the documents confirming that the entity entrusting work meets the relevant conditions.

Note: In the case of a need for explaining and clarification of the evidence held by the authority in the case, during the proceedings the receiving unit may be called upon to provide additional documents or to provide testimonies confirming the conditions mentioned in the application.

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 on granting the permit shall occur not earlier than after 1 month from the day of initiation of 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. 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

The foreigner residing in Poland on the basis of the temporary residence and work permit shall be obligated to provide a written notification to a voivode, who granted the permit, within 15 working days, on losing a work position at any of the entities listed in the permit, entrusting performance of work (employers). If the temporary residence and work 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.

Adhering to the aforementioned obligations results in the residence and work permit not being withdrawn within 30 days running from the day of losing the work position. Such a situation may occur not more than once within the validity period of the permit.

The right for performance of work

This permit shall entitle to perform work on the conditions as stipulated in the permit or on the conditions resulting from the provision the permit is based on. The foreigner does not have to hold additional document entitling to perform work in the form of work permit. The residence card issued in relation with granting the foreigner the temporary residence permit shall be annotated with “access to labour market”.

Note: If the decision issued for the foreigner stipulates conditions of work performance:

– change of the entity entrusting work performance (employer) indicated on the permit shall require obtaining new temporary residence and work permit;

– performance of work at a different user employer (in the case of seasonal work) or on the conditions different than those stipulated on the permit (i.e. different position, with lower remuneration, in the case of change in a working day or the type of contract constituting the basis for work performance) shall require changing the granted temporary residence and work permit.

Change of the seat or place of residence, name or legal form of the entity entrusting work performance to the foreigner or the employer or part thereof being overtaken by another employer, or the work place or part thereof being transferred to another employer, or replacing a civil and law agreement by an employment contract shall not require changing or issuance of a new temporary residence and work permit.

The application for changing the temporary residence and work permit the foreigner should attach with the aforementioned information, save for when this requirement shall not apply.

Validity period of the changed permit may not exceed 3 years from the day of issuance of the permit, which has been changed. In such a situation the foreigner shall have the possibility to apply for a new temporary residence and work permit.

The foreigner may perform additional work for a different entity entrusting work performance on the basis of a separate work permit – in this case work permit for the foreigner shall be obtained by the entity entrusting work performance.

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.