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.

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