Check-list - Employment of a foreign national – work permit

You apply for this work permit (formerly TYPE A) when your employee will perform work in Poland and you conduct business activity in the territory of the Republic of Poland.

To obtain a work permit for a Polish entity entrusting work to a foreigner, you must submit:

• an application for a work permit completed in accordance with instructions and signed by an authorized person representing the employer via the praca.gov.pl portal;
• a statement from the entity entrusting work regarding whether it has been finally penalized for offenses;
• proof of payment of the application fee, including the foreigner’s name and surname in the payment title;
• a digital copy of all completed pages of the valid travel document of the foreigner containing the foreigner’s personal data;

• documents confirming compliance with qualification requirements and other conditions necessary to perform work in a regulated profession, as well as other documents required under separate regulations that may affect the outcome of the proceedings;

• a document prepared by the user employer confirming arrangements regarding the referral of the foreigner by a temporary employment agency – if the entity entrusting work is such an agency;

• A current and signed document from the user employer confirming the referral of the foreigner by the temporary employment agency to temporary work for the user employer, including the type of work, planned period of employment, working time, place of work, remuneration, number of job positions, and job title together with a valid contract.

• documents confirming the circumstances stated in the application and justifying the issuance of the work permit, e.g. documents confirming the ability to employ the foreigner and operate at the address indicated in the application;

• power of attorney for the person submitting the application (template available for download) signed electronically by:

  • the owner of the company (in the case of a sole proprietorship),

  • persons authorized to represent the company in accordance with Section II of the KRS register entry (in the case of a legal entity).

You apply for this work permit (formerly TYPE B) when the foreigner performs the function of:

• a member of the management board of a legal entity entered in the National Court Register (KRS) or a member of the management board of a company in organization;
• a person managing the affairs of a limited partnership or limited joint-stock partnership, or representing such a partnership;
• a proxy (prokurent).

To obtain this permit, you must submit:

• an application for a work permit completed in accordance with instructions and signed by an authorized representative via praca.gov.pl;
• a statement from the entity entrusting work regarding whether it has been finally penalized for offenses;
• proof of payment of the application fee, including the foreigner’s name and surname in the payment title;
• a digital copy of all pages of the valid travel document of the foreigner containing personal data;
• the company agreement — in the case of a limited liability company in organization, or notarial deeds of incorporation — in the case of a joint-stock company in organization;
• a digital copy of the corporate income tax return for the tax year preceding the application, together with confirmation of submission to the tax office;
• documents confirming employment levels in the year preceding the application;
• documents confirming employment of at least two employees on a permanent basis and full-time for at least one year prior to submitting the application, who are not subject to the obligation of having a work permit, together with proof of social insurance contributions for that period;
• documents confirming the circumstances stated in the application and justifying the issuance of the permit;

• documents confirming possession of funds or activities enabling compliance in the future with Article 36(2)(1) of the Act on conditions for entrusting work to foreigners, in particular activities contributing to investment growth, technology transfer, innovation, or job creation (if conditions from Article 36(2)(1) and (2) are not met);

• power of attorney for the person submitting the application (template available for download) signed electronically by:

  • the owner of the company (sole proprietorship),

  • persons authorized to represent the company according to the KRS entry (legal entities).

The Voivode may request additional documents confirming compliance with Articles 4 and 5 of the Act, as well as originals of submitted documents.

This permit is issued when a foreigner is employed by a foreign entity, performs work outside Poland but provides services in Poland for that entity, and is posted to Poland:

1) to a branch, establishment, or representative office of the foreign entity, or to an entity in a relationship of dominance, dependence, or affiliation within the meaning of Article 4 § 1 points 4 and 5 of the Commercial Companies Code;

2) to perform an export service for the foreign entity;

3) for purposes other than those mentioned in points 1 and 2 and other than providing services.

(formerly TYPES C, D, E).

To obtain this permit, you must submit:

• an application completed and signed via praca.gov.pl;
• a statement from the entity entrusting work regarding offenses;
• proof of payment of the application fee including the foreigner’s name;
• a digital copy of the foreigner’s travel document;
• a power of attorney from the foreign employer authorizing a representative in Poland;
• an official document confirming the legal status and representation of the foreign employer;
• documents confirming the foreigner’s employment and posting;
• documents confirming corporate links (if applicable);
• service agreements (for export services);
• documents confirming posting circumstances;
• documents required under Article 41 of the Act;
• documents confirming qualifications for regulated professions;
• a statement of financial resources;

• power of attorney for the applicant (template) signed electronically by:

  • the owner (sole proprietorship),
  • company representatives according to KRS rules.

The Voivode may request originals and additional documents confirming compliance with Articles 4 and 5 of the Act.