FAQ

WORK

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.
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.

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.

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

Created on: 13.02.2020

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

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

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. 

Created on: 14.02.2020

You can send filled request for visa extension – at the latest on the last day of your legal stay in Poland, although the current photography and all the documents, which confirms circumstances enumerated in your request, as well as the confirmation of the possession of the financial means of support and the health insurance, you are going to need to submit in person in the office – in another case the proceeding will not begin. The exception of this rule is the situation when you currently stay at the hospital.

Created on: 14.02.2020

Submit the request for the duplicate assignment to your Governor, appropriately for your place of stay. For your request attach a document that confirms declaration of the passport loss, and best if you can, the copy of the visa that you have lost or the data in it and the current document of travel. 

Created on: 14.02.2020

No, Governor is not able to assign any new visa. His only ability is to extend a visa that you already have, and that is only in specified circumstances.

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