The number of foreigners staying and working in Poland is increasing from month to month. The most popular way to legalize the stay and work of foreigners intending to perform paid work in the Republic of Poland is to obtain a uniform temporary residence and work permit. How do I get them? Who is entitled to submit it? What conditions must a foreigner meet to apply for a uniform temporary residence and work permit in Poland? You will learn all this from our article.
Table of Contents
- Uniform temporary residence and work permit – what conditions must a foreigner meet?
- When will a foreigner not receive a uniform temporary residence and work permit?
- Who is entitled to apply for a uniform temporary residence and work permit?
- Documents necessary for getting the permit
- What is the nature of the authorisation decision?
Uniform temporary residence and work permit – what conditions must a foreigner meet?
A temporary residence and work permit is granted when the purpose of the foreigner’s stay on the territory of the Republic of Poland is to perform work. At the same time, it must meet the following conditions:
- the foreigner has health insurance within the meaning of the provisions of the Act of 27 August 2004 on health care services financed from public funds or confirmation of coverage by the insurer of the costs of treatment on the territory of the Republic of Poland,
- the entity entrusting the performance of work is not able to meet the staffing needs on the local labor market,
- the remuneration indicated by the entity entrusting work in the annex to the application for authorisation is not lower than the remuneration of employees performing work of a comparable type or on a comparable position for the same working time,
- The amount of the monthly remuneration referred to in point 4 is not lower than the minimum remuneration for work, regardless of the working time and the type of legal relationship constituting the basis for performing work by the foreigner.
As a result of the amendment to the regulations of December 17, 2021, one more condition for granting the permit is provided. However, it applies only to foreigners whose purpose of stay is to perform work in a profession desirable for the Polish economy. They may work on the basis of a uniform temporary residence and work permit, provided that they have the required qualifications. At the same time, they must meet the conditions referred to in points 1, 4 and 5 above.
When will a foreigner not receive a uniform temporary residence and work permit?
Foreigners may not apply for a uniform permit if:
- are employees posted by an employer based outside the Polish (if you belong to this category of employees, check the possibilities of obtaining a temporary residence permit in order to perform work by a foreigner delegated by a foreign employer),
- are staying in the territory of Polish pursuant to obligations laid down in international agreements concerning the facilitation of entry and temporary stay of certain categories of natural persons engaged in trade or investment,
- conduct business activity in Poland,
- perform seasonal work in Poland (e.g. in agriculture or tourism),
- stay in the territory of Polish on the basis of a visa issued by Polish authority for the purpose of tourism or to visit family or friends,
- staying on the territory of Polish for tourist purposes or to visit family or friends, on the basis of a visa issued by another Schengen State.
Who is entitled to apply for a uniform temporary residence and work permit?
Unlike in the case of a standard work permit, where the application is submitted by the employer, the application for a uniform temporary residence and work permit is submitted by the foreigner himself. When submitting the application, fingerprints are taken. Therefore, the foreigner cannot submit the application through a proxy, but must do so in person. He may do so no later than on the last day of his legal stay in Poland.
The foreigner submits the application to the voivode competent for the place of his/her stay in Poland. The details of the available methods of submitting an application may vary depending on the provincial office. Some offices provide, for example, for electronic registration of visits. Information in this regard should be sought on the official websites of the offices.
Documents necessary for getting the permit
In order to obtain a uniform temporary residence and work permit, a foreigner must submit the following documents:
- completed application form (the application must be completed in Polish),
- Annex 1 to the application completed by the employer,
- 4 Photography,
- photocopy of completed pages of the travel document (e.g. passport),
- original information of the starost or a document confirming the exemption from the obligation to submit it (this document confirms that the employer cannot meet the staffing needs on the local labor market based on the registers of the poviat labor office competent for the place of work performed by the foreigner),
- a current document confirming residence in the territory of Polish (e.g. apartment rental agreement, confirmation of residence, etc.),
- confirmation of having health insurance or covering the costs of treatment on the territory of the Republic of Poland by the insurer.
If the foreigner submits an application that does not contain formal defects or completes these deficiencies on time, the voivode shall include a stamp in his travel document. The foreigner’s stay in Poland is legal from the date of submitting the application (placing a stamp imprint). This situation lasts until the date on which the decision on granting a temporary residence permit becomes final.
Affixing a stamp to a travel document does not entitle the foreigner to travel within the territory of other Schengen countries. However, a foreigner may leave for his country of origin. However, if he comes from a country subject to a visa requirement, he should obtain a visa to return to Polish.
What is the nature of the authorisation decision?
The decision to issue a work permit is individual, so it applies only to a specific employer and a specific foreigner. This means that if a foreigner intends to change employer, he must obtain a new temporary residence and work permit. The permit is issued by the voivode. It is granted for a definite period – not shorter than 3 months and not longer than 3 years.
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