Amendment of the decision - for applications submitted before 29th January 2022

You applied for an amendment of the decision regarding temporary residence permit - what next?

If you submitted an application for an amendment of of the decision regarding temporary residence permit before 29.01.2022, new regulations regarding the amended act on foreigners in force from 29.01.2022 will not be applicable. New procedure for changing a temporary residence and work permit will not apply for application submitted before 29.01.2022r.

Your decision on granting a temporary residence and work permit can be changed when:

  1. the employer-user was changed but you still work for the same temporary employment agency on the basis of which the permit was granted;
  2. you still work for the same employer for which your residence permit was issued but there was a change in the conditions of employment, regarding:
  • position,
  • minimal salary you are about to receive,
  • working time,
  • the type of contract on the basis of which you will perform work.
The decision cannot be changed when you want to change the employer. If you were already granted a temporary residence and work permit but would like to change your employer, you should submit a new application.

What are the cases in which the decision does not have to be amended?

The change of the decision is not required in the following cases:

  • when the hiring entity changes its name, the legal basis for business activity, the address of the headquarters/office/place or residence;
  • when the hiring entity, or its part, was taken over by another entity,
  • when civil law contract was replaced by an employment contract.

What documents do I need?

  • an application for the change of temporary residence and work permit  - filled out and signed by the person for whom the permit was granted -  as a party to the proceedings. The application should be submitted to the locally competent Governor, depending on the current place of residence of the person concerned.
  • Annex No 1 (downoad it here) to the application for the temporary residence permit  in which new conditions of employment or new user-employer will be indicated. The Annex No 1 should be filled out and signed by the employer with their full name. In the case when the employer is a legal person, for example a limited liability company – the application must be signed by persons authorized to represent it as listed in the National Court Register.
  • The original document of the Labour Market Test, obtained by the employer from the competent District Employment Agency according to the place of a foreigner's work, about the lack of opportunities to meet staffing needs of the company, on the basis of the records of the unemployed and persons looking for work, or a negative result of recruitment organized for the employer, issued not earlier than 180 days before the application, if required.  Check if you need the Labour Market Test .
  • a current document confirming your accommodation in Poland  – note that you should either submit the original of the documents or at least bring the original for inspection, along with a copy, so that the documents may be certified by the officer who accepts them.
  • The original of the confirmation of payment of the stamp duty (10PLN).

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What should I know?

If any of the above conditions are not met, a decision will be issued refusing to change the permit.

We will refuse to change your temporary residence and work permit also if the period of validity of the changed permit exceeds 3 years. The 3-year validity period is calculated from the date of issue of the amended decision.

1. Submission of all required documents will speed up the procedure. If you fail to meet the requirements we will issue a negative decision and your application for the amendment of the decision will be denied. We will also refuse to amend your temporary residence and work permit, if the date for which your original permit was granted exceeds 3 years.

2. In order to further speed up the proceedings, you might also enclose an up-to-date printout from the National Court Registry or from the Central Register and Information on Economic Activity, depending on the legal basis of the company in which you are hired. It should be enclosed along with the Annex No 1 and the copy of the originally issued decision (the copy of the decision that is to be amended).

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