Work in the profession requiring high qualifications

This announcement does not constitute any source of law. The authors showed due diligence for it to be compliant with the binding legal regulation. However, it is necessary to remember that it concerns typical frequently occurring cases, and may not fully refer to particular cases. The number and type of documents, which may be required by administrative authorities during the proceedings, may differ from the listed on a case-by-case basis. In case of any doubts, it is necessary to contact the authority competent for hearing the individual case or to independently review the legal regulations.

Temporary residence permit for the purpose of highly qualified employment

Legal grounds – Act of 12 December2013, on Foreigners – Article 127 of the Act – along with implementing acts

To whom and for what period of time it may be granted

Foreigners, whose purpose of residence within the territory of the Republic of Poland is highly qualified employment, i.e. employment requiring the foreigner to graduate university or having at least 5 years of professional experience on the level comparable with the level of qualifications obtained as a result of graduating studies, which are necessary for performance of the work.

Amount of the minimal yearly gross remuneration required for the purpose of granting the permit may not be lower than equivalent of 150% of the amount of the average remuneration in the national economy during the year preceding conclusion of the contract, announced by the President of Statistics Poland, pursuant to Article 20 (1) (a)  of the act of 17 December 1998 on Pensions from the Social Insurance Fund (Journal of Laws of 2018 pos. 1270).

The aforementioned permit shall be granted if the circumstances, which constitute the basis for application for the permit, justify the foreigner’s stay within the territory of the Republic of Poland for a period longer than 3 months.

The permit shall be granted for the period longer by 3 months from the period of work performance, however, not longer than 3 years, with the possibility to apply for subsequent permits.

Please, note important exception: this permit may not be applied for by foreigners:

  • who seek granting temporary residence permit for the purpose of conducting research or the temporary residence permit for the purpose of long-term mobility of a scientist or who have such a permit,
  • who are employees of an enterprise conducting economic activities in a different UE Member State, and are temporary delegated by the employer for rendering services within the territory of the Republic of Poland, or
  • who resided within the territory of the Republic of Poland on the basis of obligations as stipulated in the international agreement concerning facilitation of entry and temporary residence of certain categories of natural persons, dealing with commercial transactions or investments, or
  • who hold temporary residence permit of EU long term-resident from another EU member state, or
  • who perform seasonal work in Poland, or
  • residing within the territory of Poland on the basis of a visa issued by Polish body for the purpose of tourism or a visit with family or friends, or
  • residing within the territory of Poland for the purpose of tourism or visit with family or friends, on the basis of a visa issued by another country of the Schengen area.

Where and when to make the application

Foreigner shall make an application in person, not later than on the last day of legal stay within the territory of the Republic of Poland to the voivode competent for the place of residence of the foreigner.

When making the application the foreigner shall be obliged to provide fingerprints.

Fees related to granting the permit

Stamp duty PLN 440

Fee for issuing a residence card PLN 50

Necessary documents

  1. Completed in accordance with the instruction form of the application for granting temporary residence permit;
    Note:the foreigner shall complete the application form and appendix no. 2 to the application. The application should be attached with appendix no. 1, which is to be completed by the entity entrusting work to the foreigner (employer of the foreigner).
  2. Four valid photographs;
  3. Xerox copy of a valid travel document (original for inspection), in a particularly justified case, when the person has no valid travel document and it is impossible to obtain it, he/she may present other identity confirming document..

Note: Absence of any of the aforementioned documents shall result in a call upon the foreigner for supplementing thereof within the period of 7 days from service of the call under pain of leaving the application unprocessed.

Typical documents needed for processing the application

Note: Attaching the filled documents to the application before its submission may reduce the number of official correspondence and shorten the time of settling the case.

  1. Notification of the starost competent for the main place of work performance by the foreigner on the lack of possibility to satisfy human resources needs of the employer on the basis of the unemployed registers and negative result of the recruitment process organised for the employer – note: this document shall be issued at the request of the entity entrusting work performance by the Poviat Labour Office competent for the main place of work performance by the foreigner, or competent for the seat or place of residence of the entity entrusting work performance, in the case if the specification of work performed by the foreigner does not allow to indicate the main place of work performance, or competent for the seat or place of residence of the user employer, in the case when the temporary work specification performed by the foreigner does not allow to indicate the main place of work performance. The document is not required, if:
  2. the profession performed or work is present on the list, determined by every voivode, of professions and types of work in relation to which issuance of work permit does not require inclusion of the aforementioned notification to the starost (Article 10 (4) (1) of the Act of 20 April 2004 on employment promotion and labour market institutions), or
    b. the foreigner, directly prior to making the application, has held the work permit, temporary residence and work permit or temporary work permit for the purpose of highly qualified employment at the same employer on the same position, or
  3. the foreigner has already been legally employed within the territory of the Republic of Poland for the period of 2 years on the basis of a temporary residence permit for the purpose of highly qualified employment, or
  4. the foreigner meets the conditions as stipulated in the provisions issued on the basis of Article 90 (5) of the Act of 20 Article 90 April 2004 on employment promotion and labour market institutions, or
  5. the foreigner meets the conditions of exemption from the obligation of having work permitstipulated by separate provisions
  6. In the case of meeting the conditions for exemption from the obligation of having work permit – document confirming meeting those conditions (e.g. the Card of the Pole, full-time studies graduation diploma of Polish university);
  7. concluded for the period of 1 year employment contract, tolling agreement, civil and legal contract, on the basis of which that persons performs work, provides services or maintains relationship of subordination;
  8. document confirming holding higher professional qualifications;
  9. document confirming meeting qualification requirements and other conditions in the case of intending to perform work in a regulated profession;
  10. permission of the relevant body for holding the specified position, performance of the profession or conducting other economic activity, if the obligation of obtaining it prior to concluding the contract results from the separate provisions;
  11. documents certifying health insurance as defined by the Act of 27 August 2004 on health care services financed from public funds or confirmation of insurer’s coverage of medical treatment costs within the territory of the Republic of Poland (e.g. relevant ZUS statement, insurance policy).

Residence status after submitting the application

If the application for granting temporary residence permit was made during legal stay of the foreigner and the application was free of any formal defects or the formal defects have been corrected within the deadline, voivode shall include the travel document of the foreigner with a stamp imprint, confirming making the application. The foreigners stay is deemed legal from the day of submitting the application until the day when the decision in the case of granting temporary residence permit would become final.

NOTE:
Including an imprint of a stamp in the foreigner’s travel document does not entitle the foreigner to travel within the territory of other Schengen States, but the foreigner may leave for the country of origin, however, in order to return to Poland it is necessary to obtain a visa if that person originates from a country subject to the visa obligation..

Case settlement period

Issuance of the decision on granting the permit shall occur not earlier than after 1 month from the day of initiation of the proceedings.

Document issued after obtaining the permit

The foreigner who has obtained the temporary residence permit within the territory of Poland is issued with a residence card. The document is issued ex-officio by the voivode who has granted this permit to the foreigner.

In its validity period the residence card confirms the identity of the foreigner during that persons stay within the territory of the Republic of Poland and, together with the travel document, provides the right for multiple crossing the border without the need to obtain a visa.

Information obligations related with obtaining the permit

The foreigner residing within the territory of the Republic of Poland on the basis of the permit shall be obligated, within 15 working days, to sent written notification concerning loosing the work position to the voivode competent for the current place of residence of the foreigner. If the temporary residence and work permit was granted by the Head of the Office in the second instance, the aforementioned notification shall be addressed to the voivode, who made the decision in the case of granting the permit in the first instance.

In the case of adhering to the aforementioned obligation, the temporary residence permit granted to the foreigner shall not be withdrawn, if:

  1. the period of unemployment of the foreigner has not exceeded 3 months within the validity period of the permit, and;
  2. the period of unemployment has not occurred more than 2 times within the validity period of the permit.

If, within the period of the first 2 years of the foreigner’s stay within the territory of the Republic of Poland on the basis of this permit, there has been a change in the work conditions as determined on the permit, concerning the minimal working day and the type of contract which is the basis for work performance by the foreigner, the foreigner shall, within 15 working days, be obligated to notify the change to the voivode competent for the place of the current residence of the foreigner.

If, after expiry of the first 2 years of the foreigner’s stay within the territory of the Republic of Poland on the basis of this permit, there has been a change in the position, remuneration to a lower amount or change in the minimal working day and the type of contract which is the basis for work performance by the foreigner, the foreigner shall, within 15 working days, be obligated to notify the change to the voivode competent for the place of the current residence of the foreigner.

The right for performance of work

After obtaining such a permit, the foreigner may perform work in Poland under the conditions as stipulated therein, without the need for additionally having a work permit. The decision includes conditions under which the foreigner may perform work.

The residence card issued in relation with granting the foreigner the temporary residence permit shall be annotated with “access to labour market”.

The foreigner should apply to the voivode competent for the place of current residence of the foreigner for changing the  temporary residence permit, if the foreigner indents to commence performance of work for an entity different than the one stipulated in the permit, intends to change the position or will receive remuneration lower than the one determined in the permit.

Change of the permit shall not be required in the case of changing the name or legal form of the entity entrusting work performance to the foreigner, as well as in the case of overtaking the work place or part thereof by another entity.

The application for changing the permit the foreigner should attach with the aforementioned information, save for when this requirement shall not apply.

Validity period of the changed permit may not exceed 3 years from the day of issuance of the permit, which has been changed. The foreigner has the possibility to apply for a new temporary residence permit for the purpose of highly qualified employment.

Within the period of the first 2 years of the foreigner’s stay within the territory of the Republic of Poland on the basis of the permit:

  1. the foreigner may not start to perform work for an entity other than the one determined in the permit,
  2. the foreigner may not change the position of employment,
  3. the foreigner may not receive remuneration lower than the one determined in the permit
    – without changing the permit

The obligation to leave Poland upon refusal, discontinuation or revocation of the permit

The foreigner is obliged to leave the territory of the Republic of Poland within 30 days following the day, when the decision on refusal to grant the temporary residence permit, the decision on discontinuing the aforementioned case or the decision on revocation of the permit has become final, in the case of issuing the decision by the higher degree authority, following the day of servicing the decision to the foreigner, unless that person is entitled to stay within the territory of Poland on another basis.