Temporary residence permit and work permitPrint

Foreigners who intend to legalise their stay in Poland pursuant to starting or continuing work in Poland should apply for a temporary residence and work permit.

In the case of applying for a temporary residence and work permit, apart from the basic documents specified in respect of a temporary residence permit, the foreigner also has to submit the following:

IMPORTANT! Foreigners who apply for a temporary residence permit due to work performed in Poland are not obliged to previously obtain a work permit in Poland (what is a work permit? ->). In the case of a temporary residence and work permit, the issued residence card confirms the right of the foreigner to start work in Poland on behalf of a specific employer and pursuant to the terms and conditions set forth in the decision granting the permit.

The decision granting a temporary residence and work permit contains the data of the foreigner's employer, the position in which the foreigner will be employed, the lowest remuneration that the foreigner may receive in the given position, working tim and type of contract pursuant to which the foreigner will be employed.

In the event the foreigner intends to work for several employers, the decision shall specify these employers and the terms and conditions for performing work shall be set forth separately for each entity (employer). If the foreigner loses his job at any of the employers listed in the decision, the foreigner should notify the Voivode who issued the temporary residence and work permit of such fact within 15 business days of the moment of discontinuation of employment.

If the foreigner is exempt from the obligation to have a work permit in Poland, then the decision granting a temporary residence and work permit shall not specify the terms and conditions for performing work.

The remuneration paid to the foreigner must not be lower than the remuneration for employees performing work for the same amount of working time, of a comparable type or in a comparable position.

A temporary residence and work permit is granted for a maximum period of 3 years. However, the validity period of a residence and work permit may be shorter. Usually the period for which the temporary residence and work permit is issued depends on the documents presented by the foreigner. For example, if the foreigner has signed an employment contract with the employer for a period of 2 years, the temporary residence and work permit will also be issued for a period not exceeding 2 years.

On request of the foreigner, the residence and work permit may be amended at any moment by the competent Voivode for the place of residence of the foreigner if the foreigner intends to perform work for a different employer or pursuant to different conditions than those specified in the decision granting the temporary residence and work permit.

In the event of changes in the seat, place of residence, name or legal form of the employer or in case if the employer is taken over in whole or in part by another employer, it is not required to amend or replace the temporary residence and work permit.

The Voivode shall withdraw, i.e. cancel the temporary residence and work permit if the position set forth in the permit has changed or if the remuneration has been lowered and the permit has not been changed.

The Voivode shall refuse to initiate proceedings for granting a temporary residence and work permit if the foreigner:

  1. is an employee delegated to work in Poland for a definite period of time by an employer that has its seat outside Poland – for the entire period of delegation (in the event of delegation, the foreigner should apply for a temporary residence permit for the purpose of performing work by a foreigner delegated to Poland by a foreign employer; information about this type of permit is available below),
  2. entered the territory of Poland pursuant to obligations set forth in international treaties on the facilitation of entry and temporary residence of specific categories of natural persons dealing with exchange or investment,
  3. conducts economic activity in Poland.

Foreigners residing in Poland pursuant to a temporary residence and work permit are obliged to notify the competent Voivode for their current place of residence in writing of the loss of their job at any of the employers listed in the decision granting the temporary residence and work permit, within 15 business days of the discontinuation of employment. If the foreigner has notified the Voivode in writing of the discontinuation of employment within the stipulated period, then his temporary residence and work permit may not be withdrawn within 30 days starting from the date of discontinuation of employment. If the foreigner does not find another job within 30 days of the moment of discontinuation of employment and notification of the Voivode of this fact, then his temporary residence and work permit may be withdrawn, i.e. cancelled. If the foreigner finds a new employer and obtains a new temporary residence and work permit, then he may legally continue his stay in Poland.

More information about employment of foreigners in Poland is available here ->

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