Foreigners who intend to employ or continue 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.
For foreigners who intend to employ or continue work consisting in perform the administration in the management of joint-stock company or limited liability company shares or stocks of which the foreigner does not have and the entity of which he/she is a manager or will be a manager complies with the relevant requirements.
here and how to apply | The foreigner makes the application personally, no later than on the last day of the lawful residence on the territory of the Republic of Poland to the voivode competent with regard to the foreigner’s place of residence. During making the application the foreigner is under obligation to give his/her fingerprints |
Documents required | Necessary:
Note: This document is issued at the request of the entity which delegate work by District Employment Office (powiatowy urząd pracy) competent for main place of performance of the work by the foreigner. In the case of doubts whether the above information from the poviat starost is required it is advisable to contact proper voivodeship (urząd wojewódzki) organizational unit which is involved in issuing work permits for foreigners. The document is not required if:
Note: Lack of any of the aforementioned documents will result in margin call within 7 days from its delivery, under pain of leaving the application without examination. Standard documents necessary for examination of the application: Note: Documents listed below attached to the application may reduce the quantity of official correspondence and shorten the time which is necessary to handle the case.
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Duration of validity of permits | Temporary residence permit is granted for a 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. Note for the important exception: foreigners who conduct business activities on the territory of Poland or are delegated to work on the territory of Poland by the employer who has registered office outside the borders of Poland cannot apply for this permit. |
Appeals | It is possible to submit a request for reconsideration of visa application to a consul or appeal a negative decision concerning the granting of a residence permit before the Head of the Office for Foreigners. You can bring a further appeal before the administrative courts. |
Access to employment | This permit entitles to perform work on conditions specified in these permits or on conditions which result from the provision which is the basis for exemption. The foreigner does not need to have additional document which authorizes him/her to perform work in the form of the work permit. The residence card, issued in connection with temporary residence permit, includes a note “access to the labour market”. Note: If the decision issued to the foreigner contains specific conditions for performing the work: – the change of the entity entrusting work (the employer) indicated in this permit requires new temporary residence and work permit; – performance of work for a different employer, user (in the case of temporary work) or on other conditions than those specified in the permit (i.e. on a different position, with lower remuneration, in the event of the change of working hours or type of the contract which is the basis for performing the work) requires the change of temporary residence and work permit. The change of the registered office, place of residence, name, legal form of the entity entrusting performance of work or acquisition of the employer or his/her part by another employer do not require changes or issuing of new temporary residence and work permit. The application for the change of temporary residence and work permit should contain the aforementioned information from the poviat starost, unless this requirement is not applicable. The validity period of changed permit cannot exceed 3 years from the date of issuing the permit which was changed. In such a situation the foreigner may apply for new temporary residence and work permit. The foreigner may perform additional work for another entity entrusting performance of work on the basis of a separate work permit – work permit for the foreigner, in this case, is issued to the entity entrusting work. |
Long-term residence | Polish law makes a distinction between a permanent residence permit and the EU long-term residence permit. Permanent residence permit 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 foreigner to take up work in another country. A permanent residence permit entitles the foreigner to travel to other Schengen Area countries for up to 90 days in a 180-day period for tourism purposes More on permanent residence permit EU long-term residence permit The foreigner who has been staying legally and continuously on the territory of the Republic of Poland staying for at least 5 years directly prior to submission of the application for granting this permits and meets the following conditions: has a source of stable and regular income adequate to cover the means of subsistence for them and their family members who are subsisted by them; has health insurance as defined by the Act of 27 August 2004 on health care services financed from the public funds or a certificate confirming that the costs of medical treatment on the territory of the Republic of Poland shall be covered by an insurer. The permit is granted for indefinite time. Note for important exceptions: 1.In the case of mobile holders of the so-called EU Blue Card: The required 5-year period of residence on the territory of Poland, shall include the total period of legal residence on the territory of the European Union, if the foreigner was staying legally and continuously at this territory for at least 5 years on the basis of the residence document with an annotation ” EU Blue Card ” issued by a Member State of the European Union, including Poland – for at least 2 years directly prior to submission of the application for granting the permit for stay of a long-term resident of EU on the basis of a permit for temporary residence for the purpose of work in profession requiring high qualifications. 2.In the case of foreigners who stay for the purpose of studies or continue their legal residence in Poland after completing these studies: foreigners who stay in Poland for the purpose of studies not may apply for a residence permit for EU long-term resident. Foreigners residing in Poland due to their intention to take up or continue education also cannot apply for this permit. The 5-year period of residence, determining obtaining of the aforementioned permit shall include half of the period of stay on the basis of a visa issued for the purpose of study programs or on the basis of a residence permit for the purpose of receiving higher education. More on EU long-term residence permit |
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