FAQ

WORK

My application is being processed by the Governor of the Wielkopolska Province but I would like to move to another province? Should I submit a new application?

Created on: 02.02.2020

No. Make sure you inform us that you changed place of residence and provide your new address. Your application will be forwarded to proper Governor whose territorial jurisdiction complies with your new place of residence and the procedure will be continued.

You'll find helpful forms here.

What type of health insurance is required in order to obtain a temporary residence and work permit?

Created on: 02.02.2020
  • If you work on the basis of an employment contract or a contract of mandate, submission of additional health insurance policy is not required;
  • If you perform work on the basis of a project delivery contract, you need to submit documents confirming you have health insurance.

I have a residence card but I would like to work for another employer. Do I need to wait for my current residence permit/residence card to be withdrawn?

Created on: 02.02.2020

You do not have to wait for your permit to be withdrawn. Make sure to apply for a new residence and work permit, as soon as possible. Remember that you are not allowed to work for your new employer on the basis of your residence card without a valid work permit (unless you hold another document entitling you to work for your new employer, such as a declaration on entrusting work to a foreigner or a work permit.

Can I work legally on the basis of the stamp that was placed in my passport, while I wait for my decision on granting a residence permit?

Created on: 02.02.2020

The stamp does not entitle you to take up legal employment in Poland. In order to work legally, you need to fulfil one of the following conditions:

  1. On the day of the submission of your application, you were a holder of a valid document entitling you to work legally (a valid declaration on entrusting work to a foreigner or a work permit) and that document is still valid;
  2. You applied for a new residence and work permit, and the grounds of your employment have not changed since your previous permit was issued, i.e. you still occupy the same job position in the same company (continuation of employment);
  3. On the day of your application, you held a valid type A work permit and you applied for a residence and work permit on the basis of employment in the same company for which the work permit was issued (on condition that your position and type of employment contract have not changed) - continuation of employment;
  4. On the day of your application, you held a valid declaration on entrusting work to a foreigner, based on employment contract (excluding civil law contracts), on the basis of which you had been working for the three months preceding the application, and you occupy the same position in the same company for which the declaration was issued – continuation of employment;
  5. On the day of your application, you held a valid  declaration on entrusting work to a foreigner issued by District Employment Agency, based on employment contract (excluding civil law contracts), on the basis of which you had been working for at least three full months, your application contained no formal errors and you received a stamp in your passport – certifying that you applied for a residence permit – you can legally work for as long as the declaration is valid, unless your employer applies for a type A work permit (not earlier than after full three months of your work on the basis of the declaration, but before it expires). Additionally, your job position, the employer and the type of contract must remain the same as those indicated in the declaration of work entrustment issued by District Employment Agency;
  6. You are exempted from the necessity to obtain o work permit, for instance: you are a graduate of Polish secondary schools, or have completed full time studies (tertiary education), or full-time doctoral studies at Polish universities and scientific and research institutions.

What is the difference between a type A work permit and a temporary residence and work permit?

Created on: 02.02.2020

Type A work permit is a document that authorises you to work legally in Poland, on condition that you hold a valid visa/other entitlement to stay in Poland. It is issued at your employers request.

Temporary residence and work permit entitles you to stay as well as work legally in Poland, under conditions indicated in the permit. It is issued at your request.

Someone told me that, in order to get a residence permit, you need to fill out a form for the issue/ replacement of the residence card. Is this the correct form?

Created on: 02.02.2020

No. If you would like to receive a residence card, you need to apply for temporary residence permit. The form for the replacement of the residence card can be submitted  when the data contained in your current residence card have changed. If your current  residence card that is about to expire, and you would like to prolong your stay in Poland, you should apply for another residence permit.

What are the most common mistakes made in application forms (and other enclosed documents)? What can I do to avoid them?

Created on: 02.02.2020
  • submission of a wrong application form (for example: submission of application form for the replacement of the residence card while attempting to apply for a temporary residence permit);
  • not submitting ANY application form;
  • submitting only Annex No 1 when applying for a temporary residence and work permit (note: In this case, two forms should be submitted: 1. a fully completed application form for temporary residence 2. Annex No 1 completed by your employer);
  • failure to complete all required fields in an application form;
  • erroneous or incorrect data provided in section C.VIII (page 6) concerning criminal record;
  • lack of a legible signature of the employer, or of person(s) authorised to legally represent the employer, provided in the Annex No 1;
  • Annex No 1 - not providing the number of working hours per week for persons employed under civil law contracts (Indication of hourly rate without indicating the number of working hours per week makes it impossible to determine whether you have sufficient means of subsistence in Poland/sufficient financial means);
  • Annex No 1 - lack of completed declaration concerning criminal records, provided by the employer (p. 4 of the Annex No 1, points 1-7);
  • submission of uncertified copies of documents;
  • submission of the labour market test in which the salary indicated by the employer has been considered as 'below the average' by the District Employment Office; lack of the employer's consent for referral of persons registered as unemployed in the District Employment Office – in such cases, granting a temporary residence and work permit can be refused;
  • lack of signature of one or both parties in lease agreements or employment contracts;
  • lack of indication of full address, period of residence or lack of your personal data in documents confirming accommodation in Poland.

DELEGATED WORKER

Do I need a work permit to obtain a work permit - in order to work as a worker seconded to Poland?

Created on: 13.02.2020

Yes, a type C work permit or documents proving the exemption from this obligation.

When can I apply for a permit to work for a worker seconded to Poland?

Created on: 13.02.2020

If you work for a foreign employer and are delegated to Poland for a period longer than 3 months. A temporary residence permit is granted on condition that you have a type C work permit. 

What documents do I need to submit? 

  • a type C work permit or documents proving the exemption from that obligation;
  • health insurance or confirmation of coverage of the costs of treatment of a foreigner in the territory of the Republic of Poland by the insurer; 
  • proof of having a source of stable and regular income sufficient to cover the costs of living of the foreigner and his/her dependent family members; 
  • a document confirming the possession of a place of residence ensured in the territory of the Republic of Poland. 

VISA EXTENSION

When can I extend my visa?

Created on: 14.02.2020

  • Schengen visa – if a person possessing a visa will prove that in effect of unpredictable circumstances or because of humanitarian reasons he or she cannot leave the Schengen-Zone before the expiration date of the visa or before a period defined and allowed by the visa. Visa can be extended, if the owner or visa will prove that there exist important reasons that justify the necessity of the extension of the validity of the visa or the length of the stay defined by that visa.

  • National visa, can be extended, if you prove that you have an important professional interest or a personal one or that there are humanitarian reasons, which withhold you from leaving Poland before the visa expires. Furthermore, you will have to confirm and prove that the events, which are visible as the reasons for the visa extension occurred independently of your will and were not possible to be forecasted on the day of the request for the national visa. 

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