Employment of a Foreigner
I applied for a work permit. Is it enough for my employee to stay legally in Poland? Can they work from the moment of applying?
No, a work permit does not legalise a foreigner's the stay in Poland. Submission of an application does not legalise the foreigner's work either, it does so only a work permit.
The deadline for the declaration on entrusting work to a foreigner is over. How can a foreigner continue working for me?
A foreigner may apply for a residence and work permit, or an employer may apply for a work permit for the foreigner.
After the visa has expired, can a foreigner work in Poland while awaiting a decision on a residence permit?
If on the day of submitting the application you could work on the basis of a registered declaration on entrusting work to a foreigner (declarations are issued from 01/01/2018) or work permit at the employer you work with in the same position, and you applied for a residence permit being legally in Poland and there are no formal defects - you can work during the procedure for granting a residence permit. If you do not meet the above conditions, you can work as long as you have a work permit or a registered declaration on entrusting work to a foreigner.
You need to submit an application for a foreigner's work permit in Poland together with the relevant attachments. If you want to employ a citizen of Ukraine for a short time, you can do it on the basis of a declaration on entrusting work to a foreigner, issued from the Local Employment Office. In the case of employing a foreigner in agriculture, horticulture (gardening), tourism, submit an application for a seasonal work permit at the Local Employment Office.
Type A work permit - applies to a foreigner performing work in Poland on the basis of a contract with an entity whose registered office or place of residence, or branch, plant or other form of organized activity is located in Poland.
Type B work permit - applies to a foreigner performing work consisting in performing functions in the management board of a legal person entered in the register of entrepreneurs or being a capital company in the organization for a period of 6 months during the next 12 months.
Type C work permit - applies to a foreigner who performs work for a foreign employer and is delegated to Poland for a period exceeding 30 days in a calendar year to a branch or plant of a foreign entity or a related entity, within the meaning of the Act of 26 July 1991. on personal income tax, with a foreign employer.
Type D work permit - applies to a foreigner who performs work for a foreign employer without a branch, plant or other form of organized activity in Poland and is delegated to Poland for the purpose of providing temporary and occasional services (export service).
Type E work permit - applies to a foreigner who performs work for a foreign employer and is delegated to Poland for a period exceeding 30 days during the next 6 months for a purpose other than that indicated in the type B, C, D permits.
I have received a temporary residence and work permit, but the work permit procedure is still pending - can I work, what decision will I get, will I get a refund for submitting the work permit application?
You can work legally because temporary residence and work permit entitles you to legally reside and work under the conditions specified therein. The work permit procedure will be discontinued. The payment for submitting an application for a work permit is not refundable.
I have received a decision for temporary residence and work permit. What to do with the current work permit?
If the residence and work permit relates to work for the same employer and the same position as indicated in the work permit, the work permit will expire by virtue of law on the day of issuing the temporary residence and work permit.
No more than 24 months.