- means that the foreigner has filed an application for temporary residence to the governor and is waiting for a temporary residence permit to be issued. It also means that the application did not contain any formal defects, and the foreigner is staying in Poland legally until the proceedings are completed.
- While waiting for the decision to be issued, the foreigner may perform work only if:
- immediately before the application was filed, he/she had a valid work permit and is currently applying for a job with the same employer and the same job position;
- a foreigner has filed another application 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 date of application for a temporary residence and work permit, he/she had a valid declaration of employment with a PUP issued under the employment contract, on which he/she worked continuously for more than 3 months and filed an application for the same company and the same position and the same type of contract (continuation of employment), for which the declaration was issued;
- on the day of application, he/she had a valid declaration of entrustment to work with a PUP granted under an employment contract, on which he/she worked less than 3 months and received a stamp, so he/she can work only until the end of validity of this declaration. The performance of work after the expiry of the declaration is possible if the employer applies for a work permit for the same company and the same terms and conditions of employment after the Foreigner has worked full 3 months on the declaration but before the end of its validity;
- is exempted under separate regulations from the obligation to have a work permit (however, the exemption from the obligation to have a work permit must be valid during the ongoing administrative proceedings).
NOTE: If a foreigner does not yet have a stamp in their passport and the work permit or declaration of employment has already expired, performing work may be considered irregular in the case of Border Guard and the National Labour Inspectorate control.
