Residence and work permit
Foreigners who intend to legalize their stay in Poland on the basis of taking up or continuing work should apply for a temporary residence and work permit.
Documents that are required when applying for a temporary residence and work permit after January 29, 2022.
In the case of a temporary residence and work permit, in addition to the basic documents referred to in the TEMPORARY RESIDENCE - GENERAL INFORMATION tab, the foreigner must also submit:
- appendix 1 to the application - the attachment must be signed by a person authorized to represent the employer (e.g. in accordance with the manner of representation of the Company established in the National Court Register). Submitting an incorrectly completed / signed attachment or no attachment will be treated as a formal deficiency;
Note! The amount of the foreigner's monthly remuneration may not be lower than the amount of the minimum remuneration for work - regardless of the working time and the type of legal relationship constituting the basis for the foreigner to perform work.
In the case of performing work for more than one entity, the above-mentioned condition is deemed to be met if the total remuneration is not lower than the amount of the minimum remuneration for work.
The minimum remuneration for work in 2023 is: PLN 3490. Gross (it will increase from the beginning of July and will amount to PLN 3,600 gross).
The remuneration may also not be lower than the remuneration of employees performing work for the same working time, comparable type or at a comparable position.
- information from the staroste competent for the main place of work of the foreigner (if required) together with documents confirming the fulfilment of the employer's requirements specified in the attached information from the staroste;
- documents confirming health insurance or coverage by the insurer of treatment costs in the territory of Poland (e.g., printouts from ZUS - ZUS RCA for the past 3 months together with information about sending and confirmation);
- documents confirming a place of residence in Poland. Such documents may be, for example, a rental contract, confirmation of check-in or a hotel reservation.
- tax settlement, e.g., PIT submitted to a tax office;
- certificate of no tax arrears.
Note! The above list cannot be considered complete. The set of documents necessary to obtain a permanent residence and work permit may differ due to the given foreigner's situation and the office where the foreigner applies for the permanent residence permit.
REFUSAL TO INITIATE PROCEEDINGS / GRANT THE PERMIT
Not every foreigner staying on the territory of Poland may apply for this type of residence permit, even if they perform work. The voivode refuses to initiate the procedure for granting a residence and work permit, when the foreigner:
- is an employee posted to work in Poland for a specified period of time by an employer based outside Poland - throughout the period of posting (in the case of posting, a foreigner should apply for a temporary residence permit for the purpose of performing work by a foreigner posted to Poland by a foreign employer);
- entered Poland on the basis of obligations set out in international agreements to facilitate the entry and temporary stay of certain categories of natural persons involved in exchange or investments;
- runs a business in Poland;
- stays on the territory of the Republic of Poland in order to perform seasonal work;
Note! The procedure will not be initiated also if the foreigner:
- is staying on the territory of Poland on the basis of a visa issued by the Polish authorities for the purpose of tourism or visiting family or friends;
- is staying on the territory of the Republic of Poland for the purpose of tourism or visiting family or friends, on the basis of a visa issued by another country of the Schengen area.
Note! The voivode refuses (after initiating the procedure) to grant a temporary residence and work permit not only if the foreigner does not meet certain requirements (e.g. does not meet the requirements specified in the staroste's information), but also if the employer does not meet them (e.g. the voivode may refuse to grant the permit if the employer does not have the financial resources or sources of income necessary to cover the obligations arising from entrusting work to a foreigner or does not conduct real economic, agricultural or statutory activity justifying entrusting work to a foreigner in a given period, in particular, they suspended activity or was removed from the relevant register or their activity is in the liquidation period).
DECISION ON GRANTING RESIDENCE AND WORK PERMIT
The decision confirms the foreigner's right to stay in Poland and to work in Poland for a specific employer and on the terms specified therein.
The decision on granting a residence and work permit includes details of the foreigner's employer, the position at which the foreigner is to perform work, the lowest remuneration that a foreigner may receive at the given position, working time, type of contract under which the foreigner is to perform work.
If a foreigner intends to work for several employers, the decision indicates the several employers, and the conditions for performing work are defined separately for each entity (employer).
Note! If the foreigner loses their job with any of the employers mentioned in the decision, they should notify in writing the voivode who issued the temporary residence and work permit within 15 working days from the date of losing the job. If the foreigner notifies the voivode in writing about the loss of job within the time limit, their temporary residence and work permit may not be withdrawn within 30 days from the date of losing the job. If the foreigner does not find a new job within 30 days from the moment of losing the job and notifying the voivode of this fact, their temporary residence and work permit may be withdrawn, i.e., cancelled.
Note! If the foreigner is exempt from the obligation to have a work permit in Poland, the employer and the conditions of work will not be indicated in the decision on granting a residence and work permit.
POSSIBILITY TO MAKE CHANGES IN THE DECISION
At the request of the foreigner, the residence and work permit may be changed at any time by the voivode competent for the foreigner's place of stay, if the foreigner intends to perform work under conditions other than those indicated in the decision. It applies to:
- the position at which the foreigner is to perform work;
- the lowest remuneration that can be earned by a foreigner for a given position;
- the working time;
- the type of contract under which the foreigner is to perform work.
Note! When changing the entity providing work to a foreigner or the conditions of employment, one should remember about the need to meet all the necessary conditions for the employer and the employee in connection with applying for temporary residence and work. It should also be remembered that the period of employment with the new employer cannot be shorter than the changed decision on the residence and work permit.
A change in the permit is made by a foreigner by submitting an application for a change in a temporary residence and work permit to the voivode competent for their place of residence.
Note! There is no need to change or issue a new temporary residence and work permit if:
- the registered office or place of residence of the entity entrusting work to the foreigner has changed;
- the name or legal form of the entity entrusting work to the foreigner has changed;
- the employer or its part was taken over by another employer;
- the workplace or its part has been transferred to another employer;
- the civil law contract on the basis of which the foreigner performed work has been replaced with an employment contract;
- the name of the position on which the foreigner performs work has been changed, while maintaining the scope of their duties;
- the working time of a foreigner was increased with a proportional increase in remuneration.
LOSS OF A JOB BY A FOREIGNER
A foreigner is obliged to notify the voivode who issued him a temporary residence and work permit about the loss of their job specified in this permit within 15 working days. In this way, the decision on granting a temporary residence and work permit will remain valid for 30 days from the day the foreigner lost their job.
A foreigner is released from the above obligation if, within 15 working days of losing their job, they submit an application for a change of a temporary residence and work permit
A residence and work permit is withdrawn, except for the standard grounds for withdrawing a temporary residence permit, if:
1. The position specified in the permit has changed or the amount of remuneration has been reduced, and the permit has not been changed or
2. The entity entrusting the performance of work to a foreigner does not conduct economic, agricultural, or statutory activity, in particular, it has suspended its activity, has been removed from the relevant register or is under liquidation.