Work permits are granted to foreigners upon requests made by employers who intend to employ them.
The decision on issuing the work permit is of individual nature, meaning it only pertains to the specific employer and the specific foreigner. The permit is issued by the voivode for a definite period of time – not exceeding 3 years. However, the permit can be prolonged upon request.
There are a number of types of permits differentiated as per the territorial competence:
- Type A, type B – as per the registered office or place of residence of the employer
- Type C – as per the registered office of the entity which the foreigner was seconded to
- Type D – as per the registered office or place of residence of the entity for the benefit of which the service is performed – however if the registered office or the place of residence is situated abroad, then the place of performing work by the foreigner in the territory of Poland is indicated.
- Type E – the main place of performing work by the foreigner in the territory of Poland
In each of the types listed above the procedure supervised by the voivode differs from one another. Usually, the voivode takes into consideration aspects such as the expected remuneration or the possibility of employing a Polish person for the post given – it affects the final decision.
It should be underlined that the very fact of having been granted the work permit, the foreigner is not authorized to perform work. He or she must also hold a valid document by virtue of which they stay in the territory of Poland.
CGO law firm cooperates with employers indenting to employ foreigners and who, on their behalf, apply for the adequte work permits. The service provided by the CGO law firm in such cases includes determining the legal status, the required type of the application, and finally its preparation and submission.