FOR FOREIGNERS

TEMPORARY RESIDENCE AND WORK PERMIT

Detailed information on the temporary residence and work permit is available in the TEMPORARY STAY / RESIDENCE AND WORK PERMIT tab.  

WORK PERMIT

A work permit is a document that entitles a foreigner to work legally in Poland, provided that the foreigner has a basis of residence enabling them to perform work in accordance with the regulations.

Note!  A foreigner may not perform work in Poland, even if they have a valid work permit, if they are staying on the territory of the Republic of Poland on the basis of:

- a visa issued for the purpose of tourism, arrival for humanitarian reasons, due to the interest of the state or international obligations;

- a temporary residence permit granted due to circumstances requiring a short-term stay of a foreigner on the territory of Poland (Article 181 (1) of the Act on foreigners).

The permit specifies the entity entrusting the performance of work to the foreigner and the position or type of work to be performed by the foreigner. Therefore, work is considered legal only if the foreigner performs the work indicated in the permit. 

This means that if a foreigner is to perform work under other conditions than those specified in the permit (including a different position), the employer must obtain a new permit . 

The permit is valid for the period for which it was issued. The expiry date of the permit is stated on the document.

A work permit is required in the case of taking up employment on the basis of both employment contracts and civil law contracts.

The entity entrusting the work (the employer) applies for a work permit for a foreigner.

The permit is issued by the voivode competent for the seat / place of residence of the employer.

We can distinguish the following types of work permits:

TYPE A  - obtained in the case of a foreigner who will perform work in Poland on the basis of an agreement with an entity whose seat or place of residence, or a branch, plant or other form of organized activity is located in Poland .   

TYPE B  - is obtained in the case of a foreigner who will perform work consisting in performing a function in the management board of a legal person entered in the register of entrepreneurs or being a capital company in organization, or in connection with running the affairs of a limited partnership or limited joint-stock partnership as a general partner, or in connection with granting them a procuration for a total period exceeding 6 months in consecutive 12 months .   

TYPE C  - obtained in the case of a foreigner who will perform work for a foreign employer and will be posted to the territory of Poland for a period of more than 30 days in a calendar year to a branch or plant of a foreign entity or a related entity.  

TYPE D  - obtained in the case of a foreigner who will perform work for a foreign employer without a branch , establishment, or other form of organized activity on the territory of Poland and will be posted to the territory of Poland in order to provide a temporary and occasional service (export service).   

TYPE E  - obtained for a foreigner who will perform work for a foreign employer and is posted to the territory of Poland for a period of more than 30 days within consecutive 6 months for a purpose other than for the type B, C, D permits.  

TYPE S  - obtained for a foreigner who will perform work in the scope of activities specified in the Regulation of the Minister of Family, Labor and Social Policy of December 8, 2017. (Ie activities causally related to agriculture, forestry, hunting and fishing, or catering and accommodation).

An employer who employs a foreigner is obliged to:

- check, before the foreigner starts work, whether they have a valid residence permit,

- make a copy of the residence permit and keep this copy for the entire period of work by the foreigner,

- conclude a written contract with a foreigner under the terms of the work permit,

- present a translation into a language that the foreigner understands before signing the contract,

- provide the foreigner with one copy of the work permit in writing,

- inform the foreigner about activities undertaken in connection with the procedure for granting or extending a work permit and decisions on issuing, refusing to issue, or revoking a permit,

- if the foreigner does not start work within 3 months from the initial validity date of the work permit, stops to work for a period exceeding 3 months, ends work earlier than 3 months before the expiry of the work permit, the employer must inform the voivode within 7 days.

Note!  An employer who employs a foreigner on the basis of a work permit has the same obligations towards them as towards a Polish citizen.

- reporting within 7 days from the date of commencement of work to social and health insurance and monthly and timely payment of contributions of an appropriate amount to the Social Insurance Institution (if required by the type of contract - primarily an employment contract and a mandate contract , it does not apply, for example, to a specific task contract),

- calculating, collecting, and paying advances for income tax (the method of tax settlement depends on the tax residence of the employed foreigner),

- compliance with the provisions of the Labor Code.

DECLARATION OF ENTRUSTING THE PERFORMANCE OF WORK TO A FOREIGNER

The declaration on entrusting the performance of work is entered into the register of declarations by the poviat labor office competent for the seat or place of permanent residence of the employer, if:

- the foreigner is a citizen of the country specified in the Regulation of the Minister of Labor and Social Policy on the countries to whose citizens certain provisions on the seasonal work permit and provisions on the declaration on entrusting work to a foreigner apply;

- the work of the foreigner is not related to the activity of the entity specified in the regulation of the Minister of Family, Labor and Social Policy of December 8, 2017 / provisions on seasonal work;

- the period of work specified in the declaration submitted on entrusting work to a foreigner and the periods of work performed on the basis of the declarations entered in the declaration register amount to a total of no longer than 6 months within the next 12 months, regardless of the number of entities entrusting the foreigner with work;

In matters that do not require explanatory proceedings, the poviat labor office enters the declaration on entrusting the performance of work to a foreigner in the declaration register or the starost refuses to enter the declaration in the declaration register no later than within 7 working days from the date of receipt of the declaration, and in cases requiring explanatory proceedings - no later than within 30 days from the date of receipt of the declaration.

Note!  If the foreigner has been employed for a period of not less than 3 months on the basis of a declaration and the employer has submitted an application for a work permit for this foreigner at the same position under an employment contract before the end of the work date indicated in the declaration, and the application does not contain formal deficiencies or formal deficiencies have been corrected on time, the work of a foreigner on conditions not worse than those specified in the declaration entered in the declaration register is considered legal from the date of expiry of the declaration to the date of issuing a work permit or delivery of a negative decision in this matter.

The above also applies to a foreigner for a temporary residence permit (referred to in  art. 114 par. 1  of the Act of 12 December 2013 on foreigners) in order to continue employment with a given employer.

SEASONAL WORK PERMIT

The permit is obtained by an employer who intends to employ a foreigner for activities specified in the Regulation of the Minister of Family, Labor and Social Policy of December 8, 2017. 9 months in a calendar year.

In the case of a foreigner who entered the territory of the Republic of Poland on the basis of a visa issued for the purpose of performing seasonal work or under the visa-free regime in connection with an application for a seasonal work permit entered in the register of applications, this period is counted from the date of the foreigner's first entry into the territory of the Schengen area countries in a given calendar year.

If the application for a seasonal work permit concerns a foreigner who stays on the territory of the Republic of Poland on a different basis which may be related to the right to work, the permit may be issued for the period of legal stay, but not longer than for a period of 9 months within a calendar year, calculated together with the periods specified in the previously issued seasonal work permits for the foreigner.

A seasonal work permit is issued by the staroste competent for the seat or place of residence of the entity entrusting the performance of work to a foreigner.

The procedure for obtaining a work permit differs depending on whether the foreigner is in Poland or abroad.

If the foreigner is in Poland on a basis that can be related to the right to work, the employer submits an application for a seasonal work permit to the staroste competent for the seat or place of residence of the entity entrusting the work to the foreigner, and the staroste issues a decision within 7 days or up to 30 days if a clarification proceedings are required. 

If the foreigner is abroad and will apply for a visa issued for the purpose of performing seasonal work, or intends to enter the territory of the Republic of Poland under the visa-free regime, the employer shall submit an application to the staroste competent for the seat or place of residence of the entity entrusting the performance work for a foreigner, and the staroste enters the application in the register of applications for seasonal work and issues a certificate of entry of the application within 7 to 30 days. Then the employer submits the certificate to the foreigner, and the foreigner obtains a visa issued for the purpose of performing seasonal work or enters the territory of Poland under the visa-free regime in connection with the application for a seasonal work permit entered in the register of applications.

1) a copy of a valid document entitling the foreigner to stay on the territory of the Republic of Poland;

2) information about the foreigner's accommodation address during the stay on the territory of the Republic of Poland.

Extension of the permit

If a foreigner entered the territory of the Republic of Poland on the basis of a visa issued for the purpose of performing seasonal work or under the visa-free regime in connection with the application for a seasonal work permit entered in the register of seasonal work applications , the staroste may issue an extension of the seasonal work permit in order to continuation of seasonal work by a foreigner for the same entity entrusting work to a foreigner or for the purpose of performing seasonal work for another entity entrusting work to the foreigner.

If the foreigner stays on the territory of the Republic of Poland on the basis of a document other than a visa issued for the purpose of performing seasonal work or under the visa-free regime, without connection to the application entered in the register of applications for seasonal work, the staroste refuses to initiate proceedings to extend the seasonal work permit.

The extension of a seasonal work permit is issued for a period which, together with the period of stay of the foreigner for the purpose of performing seasonal work, counted from the date of the first entry into the territory of the Schengen area countries in a given calendar year, is not longer than 9 months in a calendar year.

A seasonal work permit is issued if:

1) the amount of remuneration that will be specified in the contract with the foreigner, shall not be lower than the remuneration of employees performing comparable work in the same amount of time or at a comparable position;

2) the entity entrusting the performance of work to the foreigner attached the information from the staroste about the inability to meet the employer's staffing needs based on the registers of the unemployed and job seekers or about a negative result of recruitment organized for the employer to the application for a seasonal work permit.

Information from the staroste is not required if:

• During the 3 years preceding the submission of the application for a work permit, the foreigner graduated from a university based in Poland or another EEA country or the Swiss Confederation, or is a participant in doctoral studies conducted in Poland;
• The foreigner has been legally residing on the territory of the Republic of Poland for 3 years preceding the submission of the application for a work permit and the stay has been uninterrupted;
• The foreigner is a citizen of one of the following countries: Armenia, Belarus, Georgia, Moldova, Russia or Ukraine.