When employing a foreigner in Poland, you need a valid document legalizing their employment. However, in some cases a work permit is not required – check whether your employee:
The stamp in the passport confirms that a temporary residence application has been submitted and you are waiting for your decision - your stay is legal until the decision is issued. It does not mean, however, that you can "automatically" start working in Poland.
For you to legally work one of the following circumstances must occur:
Employer who employs a foreigner should submit an application for work permit extension not earlier than 90 days and no later than 30 days before the expiration of work permit.
When hiring a foreigner in Poland, you need a document legalising the foreigner’s employment. In some cases, the foreigner may be exempt from the need to obtain a work permit – check if your employee:
is a citizen of Ukraine and resides in Poland legally
The date of submission of the application is the date of posting at the Polish post office, while the date of initiating the proceeding is the date of delivery of the application to the authority.
A new permit is necessary if the previous permit must be repealed in accordance with the regulations, e.g. the circumstances of the permit have changed or the reason for the permit has ceased to exist. The decision of the authority is related to the application and the circumstances of the case, therefore the change of decision is of limited use here.
The employer can do this, but only for up to 30 days in a calendar year. The Governor must be notified in writing of this fact within 7 days. Other cases require a new permit.
Within 7 days, the Governor who issued the work permit should be notified in writing that the foreigner has not taken up work within 2 months from the initial date of validity of the work permit. The Governor will not repeal the decision if the employer gives the reason for not taking a job and the notification includes circumstances indicating that the permit will be used for its intended purpose.
