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 conditions concerning the economic activity carried out by the legal person should be met.
Where and how to apply | The third-country national makes the application in person, no later than on the last day of his/her lawful residence on the territory of Poland to the governmental province authority (voivode) competent in respect of the third-country national’s place of residence. You should make an appointment early enough. While making the application, the third-country national is under the obligation to give his/her fingerprints. More information on the temporary residence and work permit application. Stamp duty PLN 440 (ap. 100 Euro). Fee for issuing a residence card PLN 100 (ap. 23 Euro). The procedure should end within 60 days from the day of making a complete application. The third-country national who has obtained the temporary residence permit is issued with a residence card. |
Documents required |
Note: Failure to submit any of the above-mentioned documents will result in the applicant being requested to provide the missing documents within a deadline of not less than 7 days from the delivery of the request, otherwise the application will not be considered. In case of failure to pay a stamp duty within a deadline specified in the request the application will be returned. The application should also be accompanied by the following standard documents: Note: The documents listed below and attached to the application are obligatory or may reduce the quantity of official correspondence and shorten the processing time which is necessary to handle the case. 1. Information from the poviat starost competent in regard to the main place of performance of the work by the third-country national on the lack of the possibility to satisfy the employer’s staff needs based on unemployed or job-seekers registers or on the negative recruitment result organised for the employer. Note: This document is issued at the request of the entity which delegates the work by the District Employment Office (powiatowy urząd pracy) competent with respect to the main place of performance of the work by the third-country national. In case of doubt, whether the above information from the poviat starost is required, it is advisable to contact the proper organisational unit in the voivodeship office (urząd wojewódzki) which is involved in issuing work permits for third-country nationals. The document is not required if:
More information may be found here. 2. In case of compliance with the conditions of exemption from the obligation to hold the work permit: the document which confirms the fulfilment of these conditions (e.g. the Card of the Pole, the diploma of completion of full-time studies in a Polish University, the certificate of completion of the Polish high-school). 3. Employment contract, mandate contract (a civil law contract on providing services) along with accounts from the last 3 months (when the party performs the work), or a task-specific contract. 4. The certificate of employment from the last employer (when the third-country national performed a work activity for a different employer). 5. Documents which certify that the third-country national is covered by public health insurance in Poland or the confirmation of the private insurer’s coverage of the medical treatment costs on the territory of Poland (e.g. the appropriate certificate from the Social Security Institution (ZUS) or the insurance policy). If the work is to be carried out on the basis of employment contract or a contract of mandate, no health insurance document is required. 6. If the work activity to be carried out on the territory of Poland consists in performing a function in the management board of a legal entity which is subject to the registration in the register of entrepreneurs (shares or stocks of which a third-country national does not have) or in case of work as a proxy of the company: documents which confirm that the entity entrusting work complies with the relevant conditions concerning the economic activity carried out by that entity. Note: The amount of monthly remuneration specified in the Annex No 1 to the application for a temporary residence and work permit should not be less than theamount of the minimum remuneration for work regardless of the working hours and type of legal relationship constituting the basis for performance of work by a third-country national. This requirement is also deemed to be fulfilled if the third-country national is to perform work for more than one entity commissioning work and the total remuneration indicated in the Annexes to the application for a temporary residence and work permit is not lower than the minimum remuneration required. Remuneration specifiedin the Annex No 1 to the application for a temporary residence and work permit should not be less than the remuneration of employees working for similar hours in comparable type of work or at comparable position. This requirement shall not apply if the third-country national meets the conditions for exemption from the obligation to obtain a work permit, as defined by separate regulations. Note: During the administrative proceedings, the third-country national may be called to submit other documents or to provide testimonies confirming the circumstances referred to in the application. |
Duration of validity of permits | A temporary residence permit is granted for the period which is necessary to complete the object of this residence on the territory of Poland longer than 3 months to 3 years, with the possibility to apply for subsequent permits. |
| Conditions for renewal | The same as above. The information from the poviat starost is not required if a third-country national, immediately before making the application held or holds a temporary residence and work permit for the same employer and on the same position. |
| Appeals | It is possible to appeal a decision concerning the granting of a residence permit before the Head of the Office for Foreigners within 14 days. Moreover, it is possible to bring a further appeal before the administrative courts. The decision includes detailed information on the right to appeal. |
| 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 here. |
Change of status | Possible if conditions for other status are met. |
| Family members | 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’). |
Long-term residence | 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. More on permanent residence permit. 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. More on EU long-term residence permit. |
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