The ABC of employing a foreigner type A work permit
It's important to be aware of the legal requirements and processes that make hiring foreign workers in Poland legitimate before making such a decision. It is important to keep in mind that any foreign national who is not exempt from Poland's existing work permit requirements must possess the necessary paperwork in order to work there. The type A work permit is one method of legalising a foreign employee's employment in Poland.
What exactly is a type A work permit, and what options does it provide?
On the basis of a Type A work permit, which is a document granted by the Voivode's Office (relevant for the location of the employer), a foreign national may apply for a visa or may continue to work legally in Poland. An employer who wants to hire a foreign worker must file a permit application. The cost of the foreign worker's work permit must also be covered by the company. A type A work permit is given out for up to three years, after which it may be renewed.
Procedure for Type A Work Permits
Labour market test
An employer who decides to hire a foreigner based on a type A work permit must first get information from the starost office (relevant for the foreigner's future place of employment) about the inability to fill staffing needs based on the registers of unemployed people and jobseekers or about the unsuccessful outcomes of recruitment campaigns conducted for the employer. In other words, it's important to check the local labour market to see if there are any contenders for the advertised post. The verdict of the starost is good for six months. A situation where an employee is exempt from such an obligation and already possesses a pertinent document issued by the starost constitutes an exception.
Fee for the work permit for a foreigner
Depending on the planned length of employment of a foreigner, prior to submitting the application, the employer should pay a fee for the work permit for a foreigner onto the bank account indicated by the Voivode’s Office. The fee amounts to: PLN 50 for permits issued for up to 3 months and PLN 100 for permits issued for longer than 3 months.
Necessary documents
The employer who already has the opinion of the starost and has made the necessary payment, for which he has a proof of payment, has to prepare other documents needed for issuing a work permit for a foreigner in Poland. In order to avoid formal deficiencies and the resulting prolongation of the procedure of processing the application, it is advisable to also enclose: copies of all non-blank pages in the foreigner’s passport, a statement on the employer’s clean criminal record, the company’s articles of association or notary deeds of incorporation, the original power of attorney or authorization if the employer does not submit the documents in person.
Submission of the application to the Voivode’s Office
The application for a work permit for a foreigner, together with all attachments, shall be submitted by the employer to the Voivode’s Office. The application has to be signed by the person authorized to represent the company. It is worth remembering that the work permit is issued for a specific employer, a specific foreigner and only for work performed in a specific place and on a specific position. A change of employer or employment conditions (especially the position) requires starting the procedure from the beginning.
When to apply for a type A work permit?
The voivode's office typically has 30 days to review the application and make a determination. However, one should also account for the time needed by the employee to apply for a visa as well as the time required to give the obtained permit to the foreigner (which frequently entails sending the document abroad). Utilizing the expertise of seasoned professionals from an employment agency is frequently worthwhile due to the complexity of the process. The AtoZ Serwis Plus team assists businesses with their expertise, but they also closely monitor legislative changes to make sure that issues are resolved quickly. They also stay in constant communication with offices and staff members who are waiting for paperwork. We are eager to collaborate with you!
