Check-list - Extension of work permit
Below you will find a list documents required to be granted an extension of a work permit:
Extension of work permit TYPE A
To extend a permit for work type A you are required to submit:
- 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;
- a 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;
- an agreement between the entity that entrusts the performance of work and the foreigner, which is the basis for performing work in accordance with the work permit,
- documents confirming payment of social security contributions if they were required in connection with the performance of work by a foreigner,
- stamp duty fee proof of payment,
- a document drawn up by the user's employer, confirming the agreement on the assignment of a foreigner by a temporary work agency - if the entity entrusting work is that agency;
- documents confirming the fulfillment of qualification requirements and other conditions necessary to perform work in a regulated profession and other documents confirming the fulfillment of requirements specified in separate regulations which may affect the outcome of proceedings;
- statement of the entity entrusting work to a foreigner concerning circumstances referred to in art. 88j sec. 1 items 3-7 of the Act on Promotion of Employment and Labor Market Institutions (download the template). - The declaration is signed only by the employer (declaration concerning a criminal offence), in the case of companies, the declaration is signed by persons authorized to represent them listed in the National Court Register (KRS), and in civil partnerships - all partners. This declaration cannot be signed for the employer by a proxy;
- original power of attorney/authorization (download here). (in case the employer does not submit the application personally).
For work permit extension the relevant legislation concerning work permit shall apply.
A Governor may demand the presentation of documents confirming the fulfilment of the requirements referred to in Article 88h of the Act on Promotion of Employment and Labor Market Institutions (concerning the obligations of the employing entity) and the originals of documents submitted to the application.
Extension of work permit TYPE B
To extend a permit for work type B you are required to submit:
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an application for the extension of the work permit completed in accordance with the instructions and signed by a person authorised to represent the employer (download it here);
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A 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;
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a copy of all completed 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;
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a statement on 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;
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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;
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copies of documents confirming the possession of funds 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 creation of jobs
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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.
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copies of documents confirming the fulfillment of the requirements specified in separate regulations, which may affect the outcome of the proceedings.
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stamp duty fee proof of payment.
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a statement of the entity entrusting the performance of work to a foreigner concerning the circumstances referred to in art. 88j sec. 1 items 3-7 of the Act on Promotion of Employment and Labour Market Institutions (template to download). The declaration is signed only by the employer (declaration concerning a prohibited act), in the case of companies, the declaration is signed by persons authorised to represent them listed in the National Court Register (KRS), and in civil partnerships - all partners. This declaration cannot be signed for the employer by a proxy;
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original power of attorney/authorization (download it here). (in case the employer does not submit the application personally).
For work permit extension the relevant legislation concerning work permit shall apply.
A Governor may demand the presentation of documents confirming the fulfilment of the requirements referred to in Article 88h of the Act on Promotion of Employment and Labour Market Institutions (concerning the obligations of the employing entity) and the originals of documents submitted to the applications.
Extension of work permit TYPE C
To extend a permit for work type C you are required to submit:
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Application form for work permit extension completed in accordance with the instruction and signed by authorized person to represent employer (download it here).
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Confirmation from the competent registry regarding legal status and type of conducted business activity by foreign employer;
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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;
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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;
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Document confirming delegation by a foreign employer to Poland for work purpose;
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Documents confirming relations that are specified in Article 88 (1)(3) of the Act on employment promotion and labour market institutions.
Affiliated entity within the meaning of Personal Income Tax Act of 26 July 1991 is:
- a taxpayer of income tax established (management board) or residing in Poland called national entity that runs the company located abroad or controls it or owns the equity in it, directly or indirectly,
- a natural or legal person residing or established (management board) abroad called foreign entity that runs the company located abroad or controls it or owns the equity in it, directly or indirectly,
- the same legal or natural persons that directly or indirectly and at the same time run national or foreign entity or control it or own the equity in it.
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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;
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Employment contract between employer and a foreigner compatible with the conditions set out in work permit ,
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Proof of payments of social security contributions if required in relation to the foreigner’s employment,
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proof of payment of the fee,
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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 (template to download). It should be signed only by the employer in person (statement concerns criminal act). In case of companies the statement should be signed by a 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.
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original of power of attorney (download it here). (in case the employer does not submit the application in person).
If you apply for work permit for more than one foreigner at the same time, it will be sufficient to submit only one copy of above mentioned documents
Remember that documents in other than Polish language should be submitted together with their sworn translation into Polish
For work permit extension the relevant legislation concerning work permit shall apply.
A Governor may demand the presentation of documents confirming the fulfilment of the requirements referred to in Article 88h of the Act on Promotion of Employment and Labour Market Institutions (concerning the obligations of the employing entity) and the originals of documents submitted to the applications.
Extension of work permit TYPE D
To extend a permit for work type D you are required to submit:
- Application form for work permit extension 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 is or 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;
- Employment contract between employer and a foreigner compatible with the conditions set out in work permit;
- Proof of payments of social security contributions if required in relation to the foreigner’s employment;
- 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 (template to download). It should be signed only by the employer in person (statement concerns criminal act). In case of companies the statement should be signed by a 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).
If you apply for work permit for more than one foreigner at the same time, it will be sufficient to submit only one copy of above mentioned documents.
Remember that documents in other than Polish language should be submitted together with their sworn translation into Polish.
For work permit extension the relevant legislation concerning work permit shall apply.
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.
Extension of work permit TYPE E
To extend a permit for work type E you are required to submit:
- Application form for work permit extension 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;
- Employment contract between employer and a foreigner compatible with the conditions set out in work permit;
- Proof of payments of social security contributions if required in relation to the foreigner’s employment;
- 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 (template to download). It should be signed only by the employer in person (statement concerns criminal act). In case of companies the statement should be signed by a 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).
If you apply for work permit for more than one foreigner at the same time, it will be sufficient to submit only one copy of above mentioned documents
Remember that documents in other than Polish language should be submitted together with their sworn translation into Polish.
For work permit extension the relevant legislation concerning work permit shall apply.
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.