Amendment of the temporary residence and work permit – for applications submitted after 28th January 2022

When should I apply for an amendment of the temporary residence and work permit?

You should submit an application for the amendment of the temporary residence and work permit:

  1. your employer has changed
  2. you have obtained special privileges to perform work without a work permit and you were granted the temporary residence and work permit in which the employer was indicated
  3. the employer-user was changed but you still work for the same temporary employment agency on the basis of which the permit was granted;
  4. 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 period of validity of the temporary residence and work permit may not be changed.

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

The amendment of the permit is not required:

  • 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.

  • in case of changing the name of the work position, while maintaining the scope of responsibilities, or increasing the working time with a proportional increase in salary,

Where should I apply?

You submit an application for amendment of the temporary residence and work permit to the Governor competent for your current place of stay.

You may apply by sending your application by post to the Department for Foreigners in Poznań or one of the Office's delegations..

What documents do I need?

  • one application form, filled in as instructed (download it here).
  • 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 .
  • The original of the confirmation of payment of the stamp duty (220PLN).
  • If you perform work on the basis of project delivery contract, you will also need to enclose a document confirming you have a valid health insurance.

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In order to speed up the procedure, it is also worth attaching the current printout from the National Court Register (KRS)/ Central Register and Information on Economic Activity (CEIDG) of the company regarding Annex 1 to the application and a copy of the originally granted decision of the temporary residence and work permit ( the one that is to be amended).

 

What should I know? 

If you change your residence and work permit because you changed your employer or obtained the right to perform without a work permit, we will refuse to change your temporary residence and work permit if:

  1. you did not notify the Governor of your job loss within 15 working days,
  2. you intend to work for a shorter period than the validity period of the amended temporary residence and work permit, e.g. you want to change the residence and work permit, which was granted until 31.12.2024, in Annex 1 to the application for ademendment of the permit, the new employer indicates to hire you until 15.03.2024, wchich is shorter than in the amended permit,
  3. the amount of your monthly salary is lower than the minimum wage for work, regardless of the working time and the type of contract on the basis of which you perform work, lower than PLN 3010 gross per month,

  4. the employer can recruit employees from the local labor market - labour market test
  5. the salary that the employer indicated in Annex 1 to the application for the amendment of the temporary residence and work permit is lower than the salary of employees working the same working hours in the similar position,

If you are changing your residence and work permit because the user-employer has been changed or the terms of your employment have changed, we may refuse to amend your temporary residence and work permit if:

  1. the employer can recruit employees from the local labor market - labour market test

  2. the salary that the employer indicated in Annex 1 to the application for the amendment of the temporary residence and work permit is lower than the salary of employees working the same working hours in the similar position,

It is your responsibility to inform the Governor, who issued your permit about the termination of your work contract. You need to do it within 15 days from termination of work. You will fullfil this obligation by submitting an application for an amendment of temporary residence and work permit within 15 working days.  If you fail to do it, we may start the procedure of revocation of your last permit, because the purpose of your stay which you declared previously has ceased. If you do not do this, we may refuse to grant you another temporary residence permit.
If you want to work for another employer, you must re-apply for a new permit.

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