The temporary residence and work permit is issued for third-country nationals who intend to work or continue to work (classified as non-seasonal work) on the territory of Poland, provided that these circumstances justify the residence on the territory of the Republic of Poland for a longer period than 3 months.
The following categories of third-country nationals have been excluded from the possibility to obtain this permit if, on the day of submitting the application, the third-country national:
- is an employee delegated to perform work on the territory of the Republic of Poland for a specified period of time by the employer having its registered office outside the borders of the Republic of Poland – throughout the whole period,
- stays on the territory of the Republic of Poland on the basis of the obligations mentioned in international agreements concerning facilitation of entry and temporary residence of some categories of natural persons involved in trade or investments,
- conducts business activities on the territory of the Republic of Poland,
- stays on the territory of the Republic of Poland in order to perform seasonal work,
- stays on the territory of the Republic of Poland on the basis of a visa issued by the Polish authority for tourism purposes or to visit family or friends, or
- stays on the territory of the Republic of Poland for tourist purposes or to visit family or friends on the basis of a visa issued by another state in the Schengen area.
If you are a highly qualified employee, read the conditions for granting a temporary residence permit for the purpose of highly qualified employment (see the section on ‘Highly-qualified worker’).
For third-country nationals who intend to work or continue their work consisting in performing a function in the management board of a legal person subject to entry in the register of entrepreneurs (i.a. a joint-stock company or a limited liability company), whose shares or stocks the third-country national does not hold or in case of work as a proxy of the company the relevant concerning the economic activity carried out by the legal person should be met.
|Access to employment
The residence and work permit entitles to perform work under the conditions specified in the decision on granting the permit (the decision specifies the employer, possible user-employer, the position, the lowest remuneration, working hours, type of contract) or under the conditions which result from the provision which is the basis for exemption from work permit obligations, referred to in the decision (in such case the decision does not specify the employer and other working conditions but the legal bases of exemption from work permit obligations). The third-country national does not need to have additional documents which authorises him/her to perform the work in the form of a work permit. The residence card, issued in connection with the temporary residence and work permit, includes a note “access to the labour market”.
Change of employment
Note: If the decision issued to the third-country national specifies the employer and other working conditions, the change of the temporary residence and work permit is required (or obtaining new temporary residence and work permit) in case of intention of:
The change of the registered office, place of residence, name, legal form of the entity entrusting performance of work or takeover of the employer or its part by another employer, transfer of a business entity or its part on a different employer or replacement a civil-law contract with the employment agreement, a change of the name of the position at which the third-country national performs work while retaining the scope of his or her duties or an increase in the working hours with a simultaneous proportional increase in remuneration do not require changes or the issuance of a new temporary residence and work permit.
The application for the change of a temporary residence and work permit should contain the aforementioned information from the poviat starost, unless this requirement is not applicable.
The validity period of the changed permit remains unchanged. In case of a need, the third-country national may apply for a new temporary residence and work permit.
The third-country national may perform additional work for another entity entrusting the performance of work on the basis of a separate work permit – the work permit for the third-country national, in this case, is issued on the application of the entity entrusting work.More information may be found .
Change of status
Possible if conditions for other status are met.
|Where the sponsor has resided on the territory for less than two years, family members may accompany the third-country national and be granted a national visa or temporary residence permit issued on a discretionary basis. After a residence on the basis of subsequent temporary residence permits of at least 2 years – the right to family reunification applies (see the section on ‘Family Member’).
Polish law makes a distinction between a permanent residence permit and the EU long-term residence permit.
Permanent residence permit
The permanent residence permit is issued to specified categories of third-country nationals i.a. to children of Polish citizens or of permanent residents in Poland, spouses of Polish nationals and persons of Polish origin. A decision on granting a permanent residence permit is issued for an indefinite period. A residence card remains valid for 10 years, which means that it should be replaced every 10 years.
A permanent residence permit issued in Poland does not entitle the third-country national to obtain a residence permit in another EU country as is provided for holders of EU long-term residence permits.
A permanent residence permit entitles the third-country national to travel to another country in the Schengen Area for up to 90 days in a 180-day period mainly for tourism purposes like temporary residence permits.
EU long-term residence permit
The EU long-term residence permit is issued to the third-country national who has been staying legally and continuously on the territory of Poland for at least 5 years directly prior to submission of the application for granting this permit and meets the following conditions:
The permit is granted for indefinite time. A residence card remains valid for 5 years, which means that it should be replaced every 5 years.
Note for important exception:
In the case of mobile holders of the so-called EU Blue Card: The required 5-year period of residence shall include the total period of legal residence on the territory of the European Union, if the third-country national was staying legally and continuously on this territory for at least 5 years on the basis of a residence document with an annotation ”EU Blue Card” issued by a Member State of the European Union, including Poland. In this case, a residence in the territory of Poland on the basis of the EU Blue Card issued by Poland is required for at least 2 years immediately prior to the submission of the application for the EU long-term residence permit is required.
No information available at the moment.