Polish joint work and residence permit - general information

   As I already wrote, if you plan to apply for residence permit in Poland, you are obliged to show, that you have a reason to stay in Poland. Among my clients, the most common purpose of their stay is just having a job here. Earlier, before a new act on foreigners came into force, a foreigner was obliged to obtain work permit and then, on the basis of that work permit, legalize his or her stay. Now we have two procedures joint in one, which have its good and bad points. 

   First of all, be aware, that if a foreigner runs an economic activity in Poland (has a registered firm or owns shares in a company) or is delegated to Poland by a foreign employer - his application for joint work and residence permit will be rejected.

   The application should be submitted personally, there are taken the fingerprints. Officials take the copies of the documents, but the originals always have to be shown for retrospect. Below there is a list of the documents needed. The bolded part is needed at the beginning or within up to 7 days after applying. The rest can be delivered later:

- completed application signed by the foreigner

- the annex to the application, signed by the employer

Both documents can be found here

- 4 up-to-date, colour, undestroyed photographs, dimensions: 4.5 cm x 3.5 cm, taken in the last 6 months on a single light background with good focus and  clearly showing the  eyes and face from the top of the head to the top of the shoulders, so as the face occupy 70-80% of the photographs; photographs presenting a person without head covering and dark glasses, looking straight ahead with eyes open and natural expression of the face and mouth closed, face can not be covered with hair;

- the document from Labour Office confirming, that there aren't any Polish candidates for your position (in some cases a foreigner is released from it, I will try to write a bit more about this document in the next days);

- passport; 

- confirmation of payment of stamp duty (457 zł at the beginning, 50 zł when you collect the residence card);

- the document confirming your address  (for example lease agreement);

- the proof of health insurance covering the costs of medical care in Poland (when you start to perform work, your employer will have a duty to insure you, but you should also have an insurance during the course of the procedure);

- the agreement with the prospective employer (you should earn not less than 643 PLN net per month if you live alone or have not less than 514 PLN per month for each member of a family);

-  income tax return for the previous year (if a person worked in Poland);

- certificate on lack of tax arrears from the tax office (if a person worked in Poland)

   At the moment you submit the application, the officials fix the date, when the decision about work+residence permit will be ready. In Warsaw the procedure takes not less than 3 months.

At the end you will receive the document called "decision", saying that you have permit to stay and work in Poland legally, and the plastic residence card.

   On the final decision there is written, that you have a permit to stay in Poland and perform work for your employer (or employers). I mentioned at the beginning, that the joint procedure has its bad points, that can be discovered, when you find a new job. In such a case, the whole long and difficult procedure should be repeated from the very beginning, because your work and residence permit is valid only when you perform work for the employer, that is named on the decision.

Legal basis:

• The Act of 20 April 2004 on promotion of employment and labour market institutions (Journal of Laws of 2008, No. 69 item 415, with later amendments)
• The Act of 30 December 2013 on foreigners (Journal of Laws of 2013., item 1650)

Who can work in Poland without work permit?

    In principle, every foreigner employed in Poland  is obliged to have work permit. However, there are many exceptions to this rule. Below I try to present the complete list of groups of foreigners, that are released from this obligation.

FOREIGNERS ALLOWED TO WORK IN POLAND WITHOUT WORK PERMIT:

• all EU/EFTA citizens
• the family members of the above: spouse, child of EU/EFTA citizen or child of his/her spouse under 21 (or older, if he or she is their dependant), mother, father and his/her spouse, if they are EU citizen's dependants;
• the above persons in case of death of EU/EFTA citizen if they stayed on the territory of Poland together with EU-EFTA citizen for not less than one year;
• the former spouse of EU/EFTA citizen in case of divorce or marriage annulment, if:

          - the marriage lasted for not less than 3 years before the start of the divorce of marriag annulment procedure and within these 3 years not less than one year during EU/EFTA citizen's stay in Poland;

         -  a former spouse of EU/EFTA citizen takes care of his/her children on the basis of the court decision or on the basis of the agreement between former husband and wife;

        -   a former spouse of EU/EFTA citizen has right to visit minor child on the basis of the court decision or on the basis of the agreement, if the decision or the agreement says, that the visits should be realised on the territory of Poland 

• in case of death or departure of EU/EFTA citizen - his/her child, that stays and studies (in every level of education institution) on the territory of Poland and the parent (irrespective of his/her citizenship), that takes care of that child;
• persons with a refugee status in Poland, their descendants, their spouses, if they have residence permit granted in relation to marriage and spouses' descendants;
• persons that have permanent residence permit in Poland, their descendants, their spouses, if they have residence permit granted in relation to marriage and spouses' descendants;
• long-term EC residents in Poland, their descendants, their spouses, if they have residence permit granted in relation to marriage and spouses' descendants;
• persons, that were granted a long-term EC resident permit by another EU member country and their family members, if they stayed together with them abroad and entered Poland to join them,  their descendants, their spouses, if they have residence permit granted in relation to marriage and spouses' descendants;
• persons, that have permit to stay due to humanitarian reasons and their spouses, if they have residence permit granted in relation to marriage;
• persons that have permit for tolerated stay in Poland , their descendants, their spouses, if they have residence permit granted in relation to marriage and spouses' descendants;
• persons that were granted a complementary protection in Poland;
• their descendants, their spouses, if they have residence permit granted in relation to marriage and spouses' descendant;
• persons that were granted a temporary protection in Poland, their descendants, their spouses, if they have residence permit granted in relation to marriage and spouses' descendants;
• Turkey citizens - after 4 years of being employed in Poland on the basis of work permit;
• family members of the above - if they stay together with them in Poland for 5 years;
• persons that have temporary residence permit, granted in relation to:

          - marriage with a Polish citizen;

          - death of a member of family, divorce or separation, if earlier joining that member of a family was a reason for getting residence permit;
          - death of a spouse, divorce or separation, if earlier marriage was a reason for getting residence permit;

• persons, that have residence permit granted in relation to being an intramural student of higher education institution, their descendants, their spouses, if they have residence permit granted in relation to marriage and spouses' descendants;
• persons, that have residence permit granted in relation to carrying on scientific research, their descendants, their spouses, if they have residence permit granted in relation to marriage and spouses' descendants;
• persons, that had residence permit granted in relation to being a family member of a foreigner released from a duty to obtain work permit, that stays in Poland;
• persons, that had residence permit granted in relation to being a family member of a foreigner, released from a duty to obtain work permit, that stays in Poland and received the next residence permit after death of a member of family, because of having important reasons to stay in Poland, their descendants, their spouses, if they have residence permit granted in relation to marriage and spouses' descendants;
• persons, that had residence permit granted in relation to being a victim of human trafficking, their descendants, their spouses, if they have residence permit granted in relation to marriage and spouses' descendants;
• Pole's Card's holders;
• persons that have right to stay and work in other EU/EFTA member state and are employed by an employer whose registered office is located in the territory of such a country and who
  have been temporarily delegated by such employer for the purpose of providing services in Poland;
• persons that apply for granting a refugee status or their spouses on behalf of whom an application for granting a refugee status has been submitted;
•  persons that conduct trainings, participate in professional internships, act as advisors or supervisors or perform functions, that require special qualifications and abilities in programmes implemented within the scope of European Union activities or other international aid programmes;
• teachers of foreign languages who work in kindergartens, schools or institutions, included in the provisions on the system of education or in Voluntary Labour Corps;
• members of the armed forces or civilian staff working in the international military structures on the territory of Poland or foreigners delegated to implement defence programs realized under
  contracts to which Poland is a party;
•  foreign media correspondents accredited to Poland by a relevant minister of foreign affairs upon request of an executive editor of a foreign journal office or agency, only in the scope of professional journalist activity performed for that specific journal office or agency;
• persons that individually or in groups provide artistic services, up to 30 days in a calendar year;
• persons that deliver lectures or presentations of a special scientific or artistic value, up to 30 days in a calendar year, if they permanently reside abroad; 
• sportsmen working for entities that have registered seat in Poland, in connection with sporting events, up to 30 days in a calendar year;
• persons that perform work in connection with international sporting events, referred by a relevant international sport organisation;
• clergymen, members of orders or other persons that perform work in connection with holding a religious function in churches, religious unions, religious organisations or other entities, if they were delegated by relevant religious institution;
• intramural students, that study in Poland; 
• persons, that are just in the course of applying for every kind of residence permit - if they have it confirmed by a stamp in their passport and if they were released from the obligation of having work permit directly before applying (not in every case, please check your individual situation);
• students, that undergo the vocational training, to which they have been delegated by organisations, that belong to international student associations;
• students, that work in a cooperation with public employment services as well as with their foreign partners - if the necessity to employ a foreigner has been confirmed by a relevant employment authority;
  
•  students of higher education institutions or students of vocational schools, referred for up to 6 months in a calendar year  to a vocational training, that is consistent with the regulations of studies or teaching programme, organised on the basis of a contract between a foreign higher education institution or a vocational school and an employer;
• students of EU/EFTA higher education institutions or vocational schools who undergo vocational trainings consistent with the regulations of studies or teaching programme, if they have been referred to such trainings by above mentioned institutions/schools;
•  participants of cultural and educational exchange programs, humanitarian or developmental aid programs, student holiday work programs, organised in consultation with the Minister of Labour;
• graduates of Polish upper secondary schools, graduates of intramular studies in higher education institutions or intramular PhD studies in Poland;
• scientists working in entities referred to in regulations on research institutions;
• persons delegated into the territory of Poland by a foreign employer for a period of up to 3 months in a calendar year for the purpose of:
  - installation, maintenance or repair of the delivered, technologically complete appliances, constructions, machines or other equipment, provided that they were produced by a foreign employer;
  - collection of ordered appliances, machines or other equipment or parts, manufactured by a Polish producer;
  - providing a training course for the employees of a Polish employer who is a receiver of appliances, constructions, machines or other equipment  in the scope of operation, or use of such appliances, constructions, machines or other equipment produced by a foreign employer;
  - assembly or disassembly of exhibition stands as well as supervision over them, if the exhibitor is a foreign employer who delegates workers for this purpose;
• persons that work for members of EU Parliament in connection with the duties they perform;
• nationals of Russia, Belarus, Ukraine, Moldova, Georgia and Armenia - up to 6 months within a year, only on the basis of employer's declaration on intention to appoint a foreigner to perform work, registered in a relevant Labour Office;
• persons, to whom apply international agreements or separate provisions, releasing them from the duty to have work permit.

***

Did you find yourself on the list above? If not - it looks like you need work permit to work legally in Poland... 

Please treat this post only as a general information and always make sure if in your specific case work permit is required or not. It is very important, sometimes small details can change your situation! If you have doubts, talk to the relevant Voivodeship Office in Poland or contact Expat Center.

Legal basis:

• Regulation of the Minister of Labour and Public Policy of July 20, 2011 on the cases, when employing a foreigner on the territory of the Republic of Poland is allowed without the necessity to apply for work permit 
• The Act of 20 April 2004 on promotion of employment and labour market institutions (Journal of Laws of 2008, No. 69 item 415, with later amendments)
• The Act of 30 December 2013 on foreigners (Journal of Laws of 2013., item 1650)

Polish work permit - general information

Majority of non EU/EFTA citizens need to have Polish work permit if they work in Poland.

What is Polish work permit?

It is a document, that allows you to work legally in Poland. The work permit is always issued for one specific employer, for specific period of time and for specific post. So if you have, for example, two employers, you need to have two work permits. On the basis of work permit you can get Polish visa.

How can I apply for Polish work permit?

The entity authorised to apply for the work permit for you is your employer - not you! Of course you or somebody else authorisded by you employer can go to the office and deal with all the formalities.
The application should be submitted in Voivodship Office relevant to the registered seat of your employer. The list of required documents depends on the type of work permit. There are 5 types of Polish work permit, I will explain the differences between them in the next posts.

What is joint work and residence permit?

To stay and work legally in Poland, one is obliged not only to have work permit, but also a document, that legalizes his or her stay in Poland, usually visa or residence permit. The joint procedure allows you to get both documents together. Unlike the application for work permit, the application for joint work and residence permit should be signed by a foreigner, not an employer. However, you will also need some documents from your prospective boss. This kind of permit is also issued for a specific employer, so if you find a new job, the whole procedure should be repeated.

Legal basis:

• The Act of 20 April 2004 on promotion of employment and labour market institutions (Journal of Laws of 2008, No. 69 item 415, with later amendments)
• The Act of 30 December 2013 on foreigners (Journal of Laws of 2013., item 1650)

New seat of the Foreigners' Department in Warsaw!

    The Foreigners' Department of Mazovia Voivodship Office moved to Marszałkowska 3/5 St. You can apply there for every kind of residence permit as well as for work permit and invitation for foreigner. Only Citizenship and Repatriation Unit is still situated on Plac Bankowy 3/5.

New act on foreigners came into force

   From the 1st of May, 2014  the new Act on foreigners came into force. In my city, Warsaw, it looks like the new rules caused some mess. In the Voivodship Office on Długa St. there are crowds of disorientated foreigners, some time ago occurred a serious breakdown of the new fingerprints collection IT system...

   I try to learn for my clients, how the new rules work in  practice. For today, my biggest doubt concerns the system of applying jointly for work permit and residence permit. It is true, that we can do it by visiting only one office (not two, like earlier), but the whole procedure takes more time! When the previous Act on foreigners was in force, I was able to achieve work permit and residence permit for my clients within 2 months. Now I was told by an official, that the new procedure will take 3 months. 

Legal basis:

• The Act of 30 December 2013 on foreigners (Journal of Laws of 2013., item 1650)

New act on foreigners!

   After long legislative procedure the widely discussed new Act on foreigners was finally signed by Polish president Komorowski. It will come into force from May 1, 2014, replacing the previous Act on foreigners from 2003. 

   The new act is not a "revolution", however, it includes some important changes. One of the good news is the fact, that there will be a possibility to get temporary residence permit for up to 3 years (now 2 years is the maximum). There will be also a possibility to get temporary residence permit and work permit through one, joint procedure (now you should apply twice in two separate offices, that takes a lot of time). It seems interesting, we will see how it will look like in practice.

   The Act on foreigners doesn't apply for EU/EFTA citizens, their rights and obligations are regulated by other legal provisions, so nothing will change  for them on May.

   Of course, when new act comes into force, all previous posts in this blog will be actualized according to the new regulations.

Legal basis:

• The Act of 30 December 2013 on foreigners (Journal of Laws of 2013., item 1650)

Work legally in Poland

EU/EFTA citizens can work in Poland without any permits.

But majority of other countries' citizens are obliged to have Polish work permit if they plan to be employed here.

More information about Polish work permit will be published soon.

The work permit is not a document that legalizes your stay in Poland. It only legalizes your work here. To stay and work here legally, you are also obliged to have visa or residence permit.

Visa

If you have found a job in Poland during your stay abroad, your prospective employer should apply for the work permit for you. On the basis of this document (the employer should send you the original!) you can apply for Polish visa D06 for the period of time up to 1 year.

Joint  work and residence permit

If you found an employer in Poland, you can apply jointly for work permit and residence permit. After the procedure you will get final decision on being permitted both to work and stay here. 

Non-visa stay in Poland

There is also a group of countries, which citizens are allowed to stay in Poland without visa (but not to work without work permit!) for the period of 90 days. They can be divided into two groups, that is explained in that post.

"The act on promotion of employment and labour market institutions" says, that a foreigner is allowed to work in Poland during his/her non-visa stay, if this right is not excluded by the agreement concerning that non-visa stay.
In case of the countries, that have bilateral agreements with Poland, I strongly recommend to study the specific agreement with your country, because they differ from each other. For example, the agreement between Poland and USA says clearly, that US citizens are not allowed to work in Poland during their non-visa stay. 

The second group are the countries, that signed a joint agreement with all the Schengen states. The interpretations of this agreement are contradictory. During my practice, I met with the opinions of some officials, that a non-visa stay based on this agreement doesn't allow a foreigner to work in Poland. Fortunately, Minister of Labour and Public Policy decided to issue an official interpretation of this agreement. According to this opinion, the citizens of countries, that signed the above agreement with the Schengen states, are allowed to work in Poland during their non-visa stay.

When you start to be employed in Poland, your employer is obliged by law not only to apply for the work permit for you (if you need it) but also to make sure, that your visa, residence permit or the right for non-visa stay allows you to work legally in Poland.

Legal basis: 

• The Act of 20 April 2004 on promotion of employment and labour market institutions (Journal of Laws of 2008, No. 69 item 415, with later amendments)
• The Regulation of the Minister of Internal Affairs and Administration of April 22, 2011, on visas for foreigners
• COUNCIL REGULATION (EC) No 539/2001 of 15 March 2001 listing the third countries whose nationals must be in possession of visas when crossing the external borders and those whose nationals are exempt from that requirement
• Bilateral agreements between Poland and Argentina,Brasilia, Chile, Croatia, Honduras, Israel, Japan, South Korea, Costa Rica, Malaysia, Mexico, Nicaragua, Panama, Singapore, USA, Uruguay, Macau, and Hongkong
• Letter of the Minister of Labour and Public Policy from August 18, 2010, signature: DRP-X-4031-24-1-MK/10
• The Act of 30 December 2013 on foreigners (Journal of Laws of 2013., item 1650)