Check-list - Work permit

You apply for a TYPE A work permit when your employee will be working in Poland and you are operating in Poland.

• an application for a work permit completed in accordance with the instructions and signed by a person authorised to represent the employer (download it here)
• a copy of a valid identity card or a copy of a valid travel document or, if you do not have such a document and you cannot obtain it, a copy of another valid document confirming identity - if the entity commissioning work by a foreigner is a natural person;
• company agreement - if the entity entrusting the performance of work by a foreigner is a limited liability company in organization or a civil partnership or copies of notarial deeds on the establishment of the company - if the entity entrusting the performance of work by a foreigner is a joint stock company in organization;
• a copy of all filled-in pages of a valid travel document of the foreigner to which the application refers, and if the foreigner does not have a valid travel document and it is not possible to obtain it - a copy of another valid document confirming his/her identity;
• Labour market test, if required. The labour market test should be attached in the original to each application.

• documents confirming the foreigner's fulfillment of the requirements for job candidates by the entity entrusting the performance of work, specified in the labour market test about the inability to meet the employer's staffing needs, if the labour market test was required,
• a document drawn up by the user employer confirming the agreement regarding the referral of a foreigner by a temporary employment agency - if the agency entrusting work is that agency,
• proof of payment of the fee;
• documents confirming the fulfillment of qualification requirements and other conditions necessary to perform work in a regulated profession, as well as other documents confirming the fulfillment of the requirements set out in separate regulations, which may affect the outcome of the procedure,
• statement of the entity entrusting work to a foreigner regarding circumstances specified in Article 88j(1)(3-7) of the Act on employment promotion and labour market institutions (download it here). It should be signed only by the employer in person (statement regarding criminal act). In case of companies that statement should be signed by representative who is indicated in the National Court Register (KRS). In case of unincorporated entity such as partnership, statement should be signed by all partners. This statement must be signed by employer, no attorney-in-fact allowed;
• original of power of attorney (download it here).  (in case the employer does not submit the application in person).

• document confirming delegation by a foreign employer to Poland for work purpose;

You submit an application for a work permit TYPE B when the foreigner holds a position in the management board of a legal entity included in the register of entrepreneurs or being a capital company in an organization or runs a limited partnership or a limited joint-stock partnership as a general partner, or in connection with granting him/her a power of attorney for a period exceeding 6 months in total during the following 12 months.

To get a TYPE B work permit, you must submit:

• a completed application for a work permit (download it here),

• a copy of a valid identity card or a copy of a valid travel document or, if you do not have such a document and you cannot obtain it, a copy of another valid document confirming identity - if the entity commissioning work by a foreigner is a natural person;

• company agreement - if the entity entrusting the performance of work by a foreigner is a limited liability company in organization or a civil partnership or copies of notarial deeds on the establishment of the company - if the entity entrusting the performance of work by a foreigner is a joint stock company in organization;

• copies of documents confirming the occurrence of circumstances referred to in art. 88c sec. 8 of the Act, i.e.:
  • completion by a foreigner in the period of 3 years preceding the submission of an application for a work permit to graduate from a school or a higher education institution based on the territory of the Republic of Poland or another state of the European Economic Area or the Swiss Confederation or being a doctoral student at a doctoral school run by an entity based on the territory of the Republic of Poland,
  • legal and uninterrupted stay of a foreigner, for 3 years preceding the submission of an application for a work permit.
• a statement of the amount of income earned or loss incurred by the entity entrusting the performance of work to a foreigner as a corporate income tax payer in the tax year preceding the submission of the application together with a confirmation of submission to the Tax Office;
• documents confirming the state of employment for the period of the year preceding the submission of the application, in order to prove the employment for an indefinite period of time and full-time employment for a period of at least one year preceding the submission of the application of at least two employees who are not subject to the obligation to hold a work permit,
• documents confirming the possession of means or activities allowing to meet in the future the conditions specified in art. 88 c sec. 4 item 1 of the Act, in particular by conducting activities contributing to the growth of investments, technology transfer, introduction of beneficial innovations or job creation 
• information about the current state of employment in the entity entrusting work to a foreigner, if the party applies for a permit for a period exceeding 3 years.

• document confirming delegation by a foreign employer to Poland for work purpose;

• certified copies of the supporting documents providing evidence that the requirements laid down under separate statutory provision are met, that may have an effect on the result of the proceedings;

• proof of payment of the fee;

• statement of the entity entrusting work to a foreigner regarding circumstances specified in Article 88j(1)(3-7) of the Act on employment promotion and labour market institutions (download it here). It should be signed only by the employer in person (statement regarding criminal act). In case of companies that statement should be signed by representative who is indicated in the National Court Register (KRS). In case of unincorporated entity such as partnership, statement should be signed by all partners. This statement must be signed by employer, no attorney-in-fact allowed;

• original of power of attorney (dowload it here).  (in case the employer does not submit the application in person).

The Governor may request the submission of documents confirming compliance with the requirements referred to in art. 88h of the Act on employment promotion and labor market institutions (regarding the obligations of the employing entity) and original documents submitted for the application.

Work permit type C is granted if a foreigner is working for a non-Polish employer and is delegated for more than 30 days to a branch or facility located in Poland, within the meaninig of the law as in the Act of 26 July 1991 on personal income tax, with a foreign employee.

To get a TYPE C work permit, you must submit:

• a completed application for a work permit (download it here),
• a document from the relevant register confirming the legal status and form or nature of the activity carried out by the foreign employer,
• copies of all completed pages from the valid travel document of the foreigner to whom the application relates, and if the foreigner does not have a valid travel document and is unable to obtain it - a copy of another valid document confirming his/hers identity,

• Confirmation of the foreign employer indicating a representative residing in Poland and authorized to fulfilled obligations laid down in point 1 and 2 /wage and working conditions/ and to represent the employer before Province Governor or other authorities specified in Article 88f(3) (Province Governor, field unit of Social Insurance Fund (ZUS), consul, National Labour Inspectorate, National Court Administration, Border Guard, Police), if a foreigner is delegated to work in Poland for a period of time exceeding 30 days in calendar year,

• letter of delegation issued by a foreign employer,
• documents confirming the connections referred to in art. 88 clause 1 point 3 of the Act on employment promotion and labor market institutions.

• document confirming delegation by a foreign employer to Poland for work purpose;

• certified copies of the supporting documents providing evidence that the requirements laid down under separate statutory provision are met, that may have an effect on the result of the proceedings;

• proof of payment of the fee;

• statement of the entity entrusting work to a foreigner regarding circumstances specified in Article 88j(1)(3-7) of the Act on employment promotion and labour market institutions (download it here). It should be signed only by the employer in person (statement regarding criminal act). In case of companies that statement should be signed by representative who is indicated in the National Court Register (KRS). In case of unincorporated entity such as partnership, statement should be signed by all partners. This statement must be signed by employer, no attorney-in-fact allowed;

• original of power of attorney (download it here).  (in case the employer does not submit the application in person).

The Governor may request the submission of documents confirming compliance with the requirements referred to in art. 88h of the Act on employment promotion and labor market institutions (regarding the obligations of the employing entity) and original documents submitted for the application.

Work permit type D is granted if a foreigner performs work for foreign employer having no branch, facility or other kind of organized activity in Poland and is delegated to work in Poland to provide temporary and occasional (export services).

To get a TYPE D work permit, you must submit:

• application form completed in accordance with the instruction and signed by authorized person to represent employer (download it here)

• confirmation from the competent registry regarding legal status and type of conducted business activity by foreign employer;

• copy of a valid travel document of the foreigner that application concerns; in a particular case, when the person has no valid travel document and it is impossible to obtain it, s/he may present other identity confirming document;

• copy of an agreement on the basis of which service will be provided,

• document confirming delegation by a foreign employer to Poland for work purpose;

• certified copies of the supporting documents providing evidence that the requirements laid down under separate statutory provision are met, that may have an effect on the result of the proceedings;

• proof of payment of the fee;

• statement of the entity entrusting work to a foreigner regarding circumstances specified in Article 88j(1)(3-7) of the Act on employment promotion and labour market institutions (download it here). It should be signed only by the employer in person (statement regarding criminal act). In case of companies that statement should be signed by representative who is indicated in the National Court Register (KRS). In case of unincorporated entity such as partnership, statement should be signed by all partners. This statement must be signed by employer, no attorney-in-fact allowed;

• original of power of attorney (download it here).  (in case the employer does not submit the application in person).

During the proceedings you may be asked to submit documents supporting evidence that the requirements specified in Article 88h of the Act on employment promotion and labour market institutions (obligations of the employer) are fulfilled together with originals of the all documents submitted with the application.

Work permit type E is granted if a foreigner performs work for foreign employer and is delegated to work in Poland for a period of time exceeding 30 days during the following 6 months for other reason than specified in  work permit type B, C or D.

To get a TYPE E work permit, you must submit:

• Application form completed in accordance with the instruction and signed by authorized person to represent employer (download it here). 

• Confirmation from the competent registry regarding legal status and type of conducted business activity by foreign employer;

• Copy of a valid travel document of the foreigner that application concerns; in a particular case, when the person has no valid travel document and it is impossible to obtain it, s/he may present other identity confirming document;

• Document confirming delegation by a foreign employer to Poland for work purpose;

• Certified copies of the supporting documents providing evidence that the requirements laid down under separate statutory provision are met, that may have an effect on the result of the proceedings;

• proof of payment of the fee ;

• Statement of the entity entrusting work to a foreigner regarding circumstances specified in Article 88j(1)(3-7) of the Act on employment promotion and labour market institutions (download it here). It should be signed only by the employer in person (statement regarding criminal act). In case of companies that statement should be signed by representative who is indicated in the National Court Register (KRS). In case of unincorporated entity such as partnership, statement should be signed by all partners. This statement must be signed by employer, no attorney-in-fact allowed;

• original of power of attorney (download it here).  (in case the employer does not submit the application in person).

During the proceedings you may be asked to submit documents supporting evidence that the requirements specified in Article 88h of the Act on employment promotion and labour market institutions (obligations of the employer) are fulfilled together with originals of the all documents submitted with the application.