Seasonal work permitPrint

Who is it for?

The permit is acquired by an employer who is planning to employ a foreigner in the scope of activities stated in the regulation of the Minister of Family, Labour and Social Policy of the 8th of December 2017. The seasonal work permit is issued for a temporary period, which cannot exceed 9 months during one calendar year.

In the case when a foreigner, who entered the territory of the Republic of Poland on the basis of a visa issued for the purpose of performing seasonal work or as part of visa-free travel on account of an application for a seasonal work permit entered into the application registry, this period starts on the day of the foreigner’s first entry into the Schengen zone in the given calendar year.

If the application for the issue of a seasonal work permit concerns a foreigner who is staying in the territory of the Republic of Poland on a different basis, which may be related to a work permit, the permit may be issued for a period of legal stay no longer than 9 months during one calendar year, also counting periods that have been stated in seasonal work permits, which were previously issued for the benefit of this given foreigner.  

How to acquire the permit?

The seasonal work permit is issued by a starost relevant to the office or place of residence of the entity commissioning the foreigner to perform given work.

The process of acquiring a work permit differs depending on if the foreigner is in Poland or abroad.

In the case when the foreigner is staying in Poland on a basis, which can be related a work permit, the employer submits an application for the issue of a seasonal work permit to a starost relevant to the office or place of residence of the entity commissioning the foreigner to perform given work, and the starost renders a decision within 7 to 30 days if an investigation procedure is required. 

In the case when the foreigner is staying abroad and will be applying for the issue of a visa for the purpose of performing seasonal work, or attempt to enter the territory of the Republic of Poland as part of visa-free travel, the employer submits an application to a starost relevant to the office or place of residence of the entity commissioning the foreigner to perform the given work, and the starost enters the application into the application registry concerning seasonal work and issues a certificate of application entry within 7 to 30 days. Next, the employer forwards the certificate to the foreigner and the foreigner acquires a visa issued for the purpose of performing seasonal work or enters the territory of Poland as part of visa-free travel as a result of the application for the issue of a seasonal work permit that has been entered into the application registry. The foreigner may commence work on the day that the employer presents the following to the appropriate starost:  

1) a copy of a document authorising the foreigner to stay in the territory of the Republic of Poland;

2) information on the foreigner’s address of accommodation during their stay in the territory of the Republic of Poland.

Permit extension

If the foreigner has entered the territory of the Republic of Poland on the basis of a visa issued for the purpose of seasonal work or as part of visa-free travel on account of an application for a seasonal work permit entered into the application registry regarding seasonal work, the starost may issue an extension of the seasonal work permit in order to allow the foreigner to continue the seasonal work for the benefit of the same employment entity or in order to allow the foreigner to continue the seasonal work for the benefit of a different employment entity.

In the case when the foreigner is staying in the territory of the Republic of Poland on the basis of a document other than a visa issued for the purpose of performing seasonal work or as part of visa-free travel, which are not related to the application entered into the application registry concerning seasonal work, the starost will refuse to initiate proceedings that concern granting a seasonal work permit extension.  

The extension of the seasonal work permit is issued for a period, which, together with the foreigner’s stay for the purpose of performing seasonal work starting on the day of the foreigner’s first entry into the Schengen zone in the given calendar year, is no longer than 9 months during one calendar year.

A seasonal work permit is issued when:

1) the remuneration stated in the agreement between the foreigner and the employer is not lower than the remuneration of employees working for the same number of hours, performing a job of a similar type or working in a comparable position;

2) the entity commissioning the foreigner to perform given work has attached to the application for the issue of a seasonal work permit the starost’s information stating that it is not possible to fulfil the employer’s staff requirements basing on registries on the unemployed and people seeking employment, as well as information on the negative results of recruitment organised for the employer.

The information issued by the starost is not required when:

  • The foreigner graduated from a university located within the territory of Poland or other EEA country or the Swiss Confederation within 3 years preceding the application for the issue of a work permit, or is participating in doctoral studies taking place in Poland;
  • The foreigner stayed in Poland for a period of 3 years preceding the application for the issue of a work permit, and the stay was uninterrupted;
  • The foreigner is a citizen of one of the following countries: Armenia, Belarus, Georgia, Moldova, Russia or Ukraine.  

 

The fee for submitting the application and issuing a seasonal work permit is 30 PLN.

Facebook