FAQ

Employment of a Foreigner

Can I work while waiting for the application for a temporary residence permit to be examined based on the stamp in the passport confirming the submission of my application?

Created on: 09.04.2020

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:

  • on the day of application for a temporary residence permit, you had the right to work in Poland (e.g. a declaration on entrusting work to a foreigner from the local employment office or a work permit), and you currently hold that permission;
  • your application follows a previous one for a temporary residence and work permit in the same company and the same position, the same type of contract (continuation of employment);
  • on the day of application for a temporary residence and work permit, you had a valid work permit type A, and you applied for the same company and the same position, the same kind of contract (continuation of employment) for which you had your work permit type A;
  • on the day of application for a temporary residence and work permit, you had a valid declaration of entrusting work to a foreigner from a local employment office issued for an employment contract, on which you worked without interruption for over 3 months, and you have applied for the same company and the same position and the same the type of contract (continuation of employment) for which you had the declaration;
  • on the day of application for a temporary residence and work permit, you had a valid declaration on entrusting work to a foreigner from local employment office issued for an employment contract on which you worked less than 3 months, your application was formal errors free, and you received a stamp - you are waiting for your decision - you can only work until the end of the declaration, unless your employer applies additionally for a work permit type A, after a full 3 months of your work on the declaration, but before its end, and the work permit type A is for the same the company, position and type of contract for which the declaration from the local employment office was issued.

For applications sent by post - what is the date of submission of the application?

Created on: 01.02.2020

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.

What happens if the employer applies for the extension of work permit earlier than 90 days before the expiry of the permit?

Created on: 01.02.2020

They will be refused the proceedings. 

What to do if the employer failed to meet the deadline for submitting the application for extension of the work permit?

Created on: 01.02.2020

You must apply for a new work permit.

When can I apply for a change of work permit and when a new work permit can be applied for?

Created on: 01.02.2020

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 wants to employ me in a position other than the one specified in the work permit, what should I do?

Created on: 01.02.2020

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.

I obtained a work permit for a foreigner but he/she did not start to work - what to do?

Created on: 01.02.2020

Within 7 days, the Governor who issued the work permit should be notified in writing that the foreigner has not taken up work within 3 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.

Does a foreigner who is to take up work in accordance with the work permit have to stay in Poland at the time of submitting the application?

Created on: 01.02.2020

No, it is not required.

Can a foreigner take up an invitation to work?

Created on: 01.02.2020

No. An invitation is a document that entitles a foreigner to apply for a visa. This document does not legalize the stay or work of a foreigner.

When can I apply for the extension of a work permit?

Created on: 01.02.2020

An application for extension of a work permit must be submitted not earlier than within 90 days and not later than within 30 days before the expiry of the validity of the permit.

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