Poland - Employed worker

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.

Documents required

Necessary:

1. Completed form of the application for temporary residence permit, in accordance with information;
   Note: While submitting the application foreigner shall attach the annex No 1, filled in by an entity entrusting performance of a paid activity to the foreigner (by foreigner’s employer).
2. 4 up-to-date photographs;
3. Photocopy of a valid travel document (original available for inspection), in particularly justified case if the foreigner does not have a valid travel document and it is not possible to obtain such document, may present another document which confirms his/her identity;
4. Information from the poviat starost competent with regard to main place of performance of the work by the foreigner on the lack of the possibility to satisfy the employer’s staff needs based on unemployed or job-seekers registers or on negative recruitment result organized for the employer.

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:

• the profession performed or entrusted work is within list of occupations and kinds of work specified by each voivode in relation to which issuing the work permit does not require taking into account the above information of the poviat starost (Article 10 (4), item 1 of the Act of 20 April 2004 on Promotion of Employment and Labour Market Institutions), or
• the foreigner, immediately before making the application had work permit or temporary residence and work permit for the same employer on the same position or
• the foreigner complies with conditions defined in provisions published on the basis of Article 90 (5) of Act of 20 April 2004 on the Promotion of Employment and Labour Market Institutions or
• the foreigner complies with conditions of exemption from the obligation to have the work permit as specified in separate regulations or
• work consists in performing by the foreigner work in the management of joint-stock company or limited liability company, shares or stocks of which the foreigner does not have.

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.

1. In the case of compliance with conditions of exemption from the obligation to have the work permit: – the document which confirms fulfilment of these conditions (e.g. the Card of the Pole, the diploma of completion full-time studies on Polish university, the certificate of completion Polish high school);
2. The document which confirms place of residence (e.g. residence certificate, rent contract, other contract which enables the residential premises, or application of the authorized person to ensure the foreigner the place of residence);
3. Employment contract, mandate contract along with accounts from the last 3 months (in the case when the party performs the work), task-specific contract;
4. Certificate of employment from the last employer (in the case when the foreigner performed work for a different employer);
5. Documents in order to certify stable and regular source of income which is adequate to cover the subsistence costs and dependent family members (for a person who keeps a single household – in the amount higher than net PLN 634 monthly, for the person in the family – in the amount higher than net PLN 514 monthly), e.g. annual PIT return concerning the amount of the foreigner’s income for the last tax year or appropriate certificate from Social Security (ZUS);
6. Documents which certify health insurance as defined by the provisions of Act of 27 August 2004 on health care services financed from the public funds or confirmation of insurer’s coverage of medical treatment costs on the territory of the Republic of Poland (e.g. the appropriate certificate from Social Security (ZUS), insurance policy).
7. If work performance on the territory of the Republic of Poland consists in performing by the foreigner works in management board of a legal entity subject to registration in the register of entrepreneurs shares or stocks of which the foreigner does not have-documents which confirm that the entity entrusting work complies with the relevant conditions.

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.

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.

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.