Accounting

Work and residence permit in Poland

Accounting


Work permit — for what period?

A permit is granted for the period over 3 months to 3 years.

 

Types of work and residence permits in Poland

There are two basic types of permit procedures:

  1. Uniform residence and work permit procedure,
  2. Work permit + uniform residence and work permit procedure.

The foreigners cannot apply for a permit are, among others:

  • employees being posted by an employer having its registered office outside Poland,
  • running a business in Poland,
  • performing seasonal work in Poland,
  • staying on the territory of Poland on the basis of a visa issued by a Polish authority for tourism purposes or visiting family or friends, or
  • staying on the territory of Poland for tourism purposes or for visiting family or friends, on the basis of a visa issued by another state in the Schengen area.

 

Uniform residence and work permit in Poland

The procedure is applicable to any type of foreigners who legally resides in Poland at the time of filing the application.

The foreigner submits the application in person, no later than on the last day of legal residence on the territory of the Poland to the wojewoda competent for the place of residence of the foreigner.

Uniform residence and work permit — required documents

The list of the documents to be filed:

  1. an application form for granting a temporary residence permit,
  2. Annex 1, filled in by the employer,
  3. four current photos,
  4. confirmation of payment PLN 440 for permit issuance and PLN 50 for residence card printing,
  5. passport (original and copy),
  6. employment contract or contract of mandate (original and copy),
  7. insurance policy (original and copy),
  8. certificate on Labor Market Test (except the cases mentioned on page 16),
  9. a document confirming the right to place of residence (ie. lease agreement),
  10. other documents (depending on the foreigner’s special status).

Time required to obtain uniform residence and work permit

In practice, the procedure of issuing a unified residence and work permit takes 6-9 months. Such a long period is associated with a large inflow of foreigners from former USSR countries, primarily from Ukraine.

If the application was filed no later than the last day of legal residence on the territory of Poland, the foreigner’s residence in Poland is legal until the decision on uniform residence and work permit (positive or negative) is issued.

Changes in work and residence permit in Poland

The change of work conditions (position, type of contract, salary reduction) requires a new uniform residence and work permit.

 The uniform residence and work permit obtained based on work for the previous employer does not entitle to work to the another employer. The new residence and work permit will be required.  

 

 Work permit + Uniform residence and work permit

This type of permit procedure is applicable to foreigners who don’t reside in Poland and cannot neither enter Poland based on visa free regime nor have a Poland residence card.

Permit procedure

The procedure is divided into two stages:

  1. obtaining work permit by the employer,
  2. entering Poland and applying for uniform residence and work permit by foreigner.

Stage 1. Obtaining work permit by the employer

The work permit is issued for a period of up to 3 years at the application of the employer by the wojewoda competent for employer’s seat or place of residence.

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 natural person) or excerpt from KRS (for legal person),
  • Employer’s articles of association (for legal person),
  • Copy of passport of foreigner,
  • Certificate on Labor Market Test (see p. 13)  or documents confirming the possibility to use exemption from the Labor Market Test,
  • Documents confirming foreigner’s job qualifications,
  • Other documents depending on the foreigner’s special status.

In practice, the procedure of issuing a work permit takes 3-6 months. Such a long period is explained by a large inflow of foreigners from former USSR countries, primarily from Ukraine.

Stage 2. Entering Poland and applying for uniform residence and work permit by foreigner.

When foreigner receive the work permit obtained by the employer, he/she should submit it to Polish consulate or Embassy along with the application for working Polish visa.

After the foreigner entered Poland based on valid working visa, he/she concludes the employment contract or contract of mandate with the employer according to the conditions mentioned in the work permit. Foreigner can work for the employer based on work permit during the visa validity period (up to 1 year). 

No later than on the last day of validity of the working visa, the foreigner must apply for a uniform residence and work permit in order to continue the residence in Poland.

The uniform residence and work permit is issued for a period of up to 3 years at the application of the foreigner by the wojewoda competent for foreigner’s place of residence.

The list of the documents to be filed:

  1. an application form for granting a uniform residence and work permit,
  2. Annex 1, filled in by the employer,
  3. four current photos,
  4. confirmation of payment PLN 440 for permit issuance and PLN 50 for residence card printing,
  5. passport (original and copy),
  6. employment contract or contract of mandate (original and copy),
  7. confirmation of regular payment of social security and health insurance contributions by the employer,
  8. work permit,
  9. a document confirming the right to place of residence (ie. lease agreement),
  10. other documents (depending on the foreigner’s special status).

In practice, the procedure of issuing a uniform residence and work permit takes 6-9 months. Such a long period is associated with a large inflow of foreigners from former USSR countries, primarily from Ukraine.

 

List of foreigners exempted from obligation to obtain work permit

A foreigner is entitled to work on the territory of Poland without having to obtain a work permit if he/she (the most common categories are provided 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 territory 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 6 months in the next 12 months, if the local labor authority prior to commencement of work by a foreigner has entered a statement on entrusting work to a foreigner in the record of statements, and the work is performed on the terms specified in this statement,
  • is a student of full-time studies in Poland or participants of full-time PhD studies in Poland,
  • graduated of 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 on the basis of provisions on research institutes,
  • delegated to the territory of Poland by a foreign employer, and keep his/her permanent residence abroad, for a period not exceeding 3 months in a calendar year, in order to:
  • the receipt of ordered equipment, machines, other equipment or parts, made by a Polish entrepreneur,
  • performing assembly, maintenance or repair works, delivered 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 stands, as well as care for them, if the exhibitor is a foreign employer who delegates them for this purposes.
  • other categories of foreigners provided by the legal regulations.

The foreigner exempted from the obligation of obtaining work permit still obliged to ensure the legality of his/her residence in Poland. 

The employer can not allow to work a foreigner whose stay in Poland is not legal (e.g. lack of valid visa of residence permit or exceeded the free-visa period).

 

Labour Market Test

The certificate on Labor Market Test is not needed in following cases:

  1. the employer applies for an extension of the work permit for the same foreigner and in the same position,
  2. a citizen of Ukraine, Russia, Belarus, Moldova, Georgia, Armenia, performing nursing and caring work or as domestic help for individuals in the household,
  3. a citizen of Ukraine, Russia, Belarus, Moldova, Georgia, Armenia who performed work for the same period of at least 3 months in the period immediately preceding the submission of the application for a same employer on the basis of a declaration of intention to entrust work,
  4. 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,
  5. the foreigner is exempted from the obligation of obtaining a work permit (please see p. 15),
  6. the foreigner will work on the following position:
    • doctors and nurses,
    • some categories of engineers (concrete, glass technologies, electrical, for Industry and production),
    • the most of IT specialists,
    • some categories of builders and craftsmen,
    • carers of elderly persons,
    • bus and truck drivers,
    • others.
  7. the foreigner will work on the position included in the list approved by the regulation of regional authority (wojewoda). For example, for Wielkopolska region the list consists the following professions:
    • some categories of cooks,
    • some categories of builders and craftsmen,
    • furniture carpenters,
    • warehouse workers,
    • kitchen help,
    • manual packers,
    • some others.

 


Michał Dudkowiak

Lawyer

Michał Dudkowiak

Barrister, Managing Partner

Michał Dudkowiak
Denis Ushakov

Lawyer

Denis Ushakov

Counsel Lawyer

Denis Ushakov