This information does not constitute source of law. Authors were duly diligent to make this information consistent with applicable legal regulations. It is good to remember that it concerns typical and frequent cases and may not fully refer to different matters. The number and the type of documents which may be necessary for administrative bodies throughout the procedure may vary depending on the specific case. In the case of any doubts contact competent authority for examination the individual case and become familiar with legal regulations on their own.
Temporary residence and work permit
Legal basis – Act of 12 December 2013 on foreigners – Article 114 and 126 of Act – along with executive acts
To whom and for how long may be granted
Foreigners who intend to employ or continue work on the territory of Poland, provided that these circumstances justify the residence on the territory of the Republic of Poland for a longer period than 3 months.
For foreigners who intend to employ or continue work consisting in perform the administration in the management of joint-stock company or limited liability company shares or stocks of which the foreigner does not have and the entity of which he/she is a manager or will be a manager complies with the relevant requirements.
Temporary residence permit is granted for a period which is necessary to complete the object of this residence on the territory of Poland longer than 3 months to 3 years, with the possibility to apply for subsequent permits.
Note for the important exception: foreigners who conduct business activities on the territory of Poland or are delegated to work on the territory of Poland by the employer who has registered office outside the borders of Poland cannot apply for this permit.
Where and when submit the application
The foreigner makes the application personally, no later than on the last day of the lawful residence on the territory of the Republic of Poland to the voivode competent with regard to the foreigner’s place of residence.
During making the application the foreigner is under obligation to give his/her fingerprints.
Fees related to residence permit:
Temporary residence and work permit for the employee:
Stamp duty PLN 440
Fee for residence card PLN 50
Temporary residence and worker permit for the foreigner who performs work in the management of the limited liability company or a joint-stock company, shares or stocks of which he/she does not have:
Stamp duty PLN 340
Fee for residence card PLN 50
- Completed form of the application for temporary residence permit, in accordance with information;
Note: While submitting the application foreigner shall attach the annex No 1, filled in by an entity entrusting performance of a paid activity to the foreigner (by foreigner’s employer).
- 4 up-to-date photographs;
- Photocopy of a valid travel document (original available for inspection), in particularly justified case if the foreigner does not have a valid travel document and it is not possible to obtain such document, may present another document which confirms his/her identity;
- Information from the poviat starost competent with regard to main place of performance of the work by the foreigner on the lack of the possibility to satisfy the employer’s staff needs based on unemployed or job-seekers registers or on negative recruitment result organized for the employer.
Note: This document is issued at the request of the entity which delegate work by District Employment Office (powiatowy urząd pracy) competent for main place of performance of the work by the foreigner. In the case of doubts whether the above information from the poviat starost is required it is advisable to contact proper voivodeship (urząd wojewódzki) organizational unit which is involved in issuing work permits for foreigners.
The document is not required if:
- the profession performed or entrusted work is within list of occupations and kinds of work specified by each voivode in relation to which issuing the work permit does not require taking into account the above information of the poviat starost (Article 10 (4), item 1 of the Act of 20 April 2004 on Promotion of Employment and Labour Market Institutions), or
- the foreigner, immediately before making the application had work permit or temporary residence and work permit for the same employer on the same position or
- the foreigner complies with conditions defined in provisions published on the basis of Article 90 (5) of Act of 20 April 2004 on the Promotion of Employment and Labour Market Institutions or
- the foreigner complies with conditions of exemption from the obligation to have the work permit as specified in separate regulations or
- work consists in performing by the foreigner work in the management of joint-stock company or limited liability company, shares or stocks of which the foreigner does not have.
Note: Lack of any of the aforementioned documents will result in margin call within 7 days from its delivery, under pain of leaving the application without examination.
Standard documents necessary for examination of the application:
Note: Documents listed below attached to the application may reduce the quantity of official correspondence and shorten the time which is necessary to handle the case.
- In the case of compliance with conditions of exemption from the obligation to have the work permit: – the document which confirms fulfilment of these conditions (e.g. the Card of the Pole, the diploma of completion full-time studies on Polish university, the certificate of completion Polish high school);
- The document which confirms place of residence (e.g. residence certificate, rent contract, other contract which enables the residential premises, or application of the authorized person to ensure the foreigner the place of residence);
- Employment contract, mandate contract along with accounts from the last 3 months (in the case when the party performs the work), task-specific contract;
- Certificate of employment from the last employer (in the case when the foreigner performed work for a different employer);
- Documents in order to certify stable and regular source of income which is adequate to cover the subsistence costs and dependent family members (for a person who keeps a single household – in the amount higher than net PLN 634 monthly, for the person in the family – in the amount higher than net PLN 514 monthly), e.g. annual PIT return concerning the amount of the foreigner’s income for the last tax year or appropriate certificate from Social Security (ZUS);
- Documents which certify health insurance as defined by the provisions of Act of 27 August 2004 on health care services financed from the public funds or confirmation of insurer’s coverage of medical treatment costs on the territory of the Republic of Poland (e.g. the appropriate certificate from Social Security (ZUS), insurance policy).
- If work performance on the territory of the Republic of Poland consists in performing by the foreigner works in management board of a legal entity subject to registration in the register of entrepreneurs shares or stocks of which the foreigner does not have-documents which confirm that the entity entrusting work complies with the relevant conditions.
Note: In the case of explanations or particularization of evidences during the administrative proceedings the foreigner may be called to deliver other documents or to submit testimonies which confirm circumstances referred to in the application.
Residential status following the application
If the application for temporary residence permit was made during the foreigner’s lawful residence and this application did not contain formal defects or these defects were supplemented within the time limit, the voivode stamps the travel document which confirms registration of the application. Residence of the foreigner is deemed to be legal from the date of submission the application until the date when the decision on temporary residence permit becomes final.
Note: Stamp in the travel document does not entitle the foreigner to travel through territories of other countries of Schengen area, while the foreigner may travel to the country of origin, however, in order to return to Poland he/she must obtain a visa, if he/she comes from the country which is subject to the visa obligation.
Time to handle the case
The residence permit decision takes place no earlier than after 1 month prior to initiation of the procedure.
The document issued after granting this permit
The foreigner who obtains temporary residence permit on the territory of Poland will be issued with the residence card. This document is issued ex officio by the voivode who granted the residence permit.
Residence card in the period of its validity confirms the foreigner’s identity during his/her residence on the territory of the Republic of Poland and entitles him/her, along with the travel document, to multiple crossing of the border without the need to obtain the visa.
Information obligations related to the residence permit
The foreigner who resides in Poland on the basis of temporary residence permit and work permit is obliged to notify in writing the voivode competent with regard to the place of the foreigner’s current stay, within 15 working days on loss of work for any listed in the permit entities entrusting work (employers).
Compliance with the aforementioned obligation results in the fact that residence and worker permit will not be withdrawn in the period of 30 days counted from the day of the loss of work. Such a situation may happen no more than once during the validity period of the permit.
Entitlement to work
This permit entitles to perform work on conditions specified in these permits or on conditions which result from the provision which is the basis for exemption. The foreigner does not need to have additional document which authorizes him/her to perform work in the form of the work permit. The residence card, issued in connection with temporary residence permit, includes a note “access to the labour market”.
Note: If the decision issued to the foreigner contains specific conditions for performing the work:
– the change of the entity entrusting work (the employer) indicated in this permit requires new temporary residence and work permit;
– performance of work for a different employer, user (in the case of temporary work) or on other conditions than those specified in the permit (i.e. on a different position, with lower remuneration, in the event of the change of working hours or type of the contract which is the basis for performing the work) requires the change of temporary residence and work permit.
The change of the registered office, place of residence, name, legal form of the entity entrusting performance of work or acquisition of the employer or his/her part by another employer do not require changes or issuing of new temporary residence and work permit.
The application for the change of temporary residence and work permit should contain the aforementioned information from the poviat starost, unless this requirement is not applicable.
The validity period of changed permit cannot exceed 3 years from the date of issuing the permit which was changed. In such a situation the foreigner may apply for new temporary residence and work permit.
The foreigner may perform additional work for another entity entrusting performance of work on the basis of a separate work permit – work permit for the foreigner, in this case, is issued to the entity entrusting work.
Obligation to leave Poland after refusal or withdrawal of the permit
The foreigner is obliged to leave the territory of the Republic of Poland within 30 days from the day when the decision on refusal to grant the temporary residence permit or the decision to withdraw the permit became final and in the case the decision was issued by a superior body, from the day when the final decision was delivered to the foreigner, unless he/she is authorized to reside on the territory of Poland on a different basis.