Poland Work Permit and Immigration: Application Process, Required Documents and Eligibility to Apply
Work permit in Poland is required if a foreigner:
- Want to work in the Republic of Poland pursuant to a
contract with an employer whose registered office, place of residence,
branch, facility or other form of business is located in the Republic of
Poland (type A),,
- Want to stay in the Republic of Poland for a period the total length
of which exceeds 6 months in 12 consecutive months for the reason of
performing a function in the management board of a legal person which
has been entered into the register of entrepreneurs or which is a
company in organization (type B),
- Want to perform work for a foreign employer and is delegated for a
period exceeding 30 days in a calendar year to a foreign entity's branch
or facility located in the Republic of Poland, its subsidiary or
affiliate bound with such foreign entity by a long-term cooperation
contract (type C),
- Intend to perform work for a foreign employer without a branch,
facility or other form of business in the Republic of Poland and is
delegated to the Republic of Poland for the purpose of execution of a
service of temporary and casual nature (export service) (type D),
- Want to perform work for a foreign employer and is delegated to the Republic of Poland for a period exceeding 3 months within the next 6 months for the purpose other than that indicated in points 2-4 (type E).
But what's the process to apply? Polish Work permits are issued by a Poland province governor upon the request of a Polish employer intending to employ a foreigner. Work Permits are issued by a province governor competent for:
- the registered office or place of residence of an employer intending to employ a foreigner (type A, type B),
- registered office of an entity to which a foreigner is delegated (type C),
- registered office or a place of residence of an entity for the benefit of which a service is provided whereas, if the registered office or a place of residence of such entity is located abroad, for the primary location of performing work by a foreigner in the Republic of Poland (type D),
- primary location of performing work by a foreigner in the Republic of Poland (type E).
In the case of type A Poland Work permit, the province governor issues permit provided that he/she receives information from the district governor competent for the registered office or place of residence of an employer intending to employ a foreigner that, according to registers of the unemployed and the persons searching for work there are no Polish nationals willing to occupy such work position and recruitment to such position among Polish nationals brought negative results. Besides, the amount of remuneration that will be specified in the contract with the foreigner cannot not be lower than the remuneration for the employees performing similar work on a similar position.
In the case of type B the province governor issues a permit, provided that in the tax year preceding submission of an application the entity (in which the foreigner is to be a member of the management board) obtained revenue not lower than 12 times the value of an average monthly remuneration in the province in the third quarter of the year preceding submission of an application and provided that such entity employs for an unspecified period at least two full-time employees who are not subject to the obligation to have a work permit or provided that such entity proves to have resources or conducts activities allowing for fulfilment of the above conditions in the future.
In the case of type A , type D, type E the province governor issues a permit if foreigner's work is going to be performed in accordance with conditions consistent with the Labour Code, provided that the amount of remuneration to which the foreigner will be entitled will not be more than 30% lower than the amount of an average monthly remuneration in a given province, announced yearly by the Head of the Central Statistical Office, and provided that the employer authorises in a power of attorney a person staying in the Republic of Poland to represent such entity's interests and to administer all necessary documents.
A foreigner who has a work permit is entitled to work, provided that he/she stays in Poland legally, e.g.:
- on the basis of a visa, except for the visa referred to in Art. 26 Item 3, Art. 28 Item 1 Point 1, 10 and 11 and Item 3 Point 1 and 2 of the Foreigners Act of 13 June 2003,
- on the basis of visas, referred to in Art. 28 Item 3 Point 2 of the Foreigners Act of 13 June 2003, provided that the foreigner had the right to work in the Republic of Poland directly before issue of such visas,
- on the basis of a residence permit for a fixed period, except for a permit granted in relation to the circumstance referred to in Art. 53a Item 2 of the Foreigners Act of 13 June 2003,
- on the basis of a uniform visa issued by another Schengen country,
- in relation to holding a residence document issued by another Schengen country,
- in a visa-free traffic, provided that according provisions of the agreement on a visa-free traffic foreigners are allowed to work.
Required Documents to Apply:
The employer submits a filled in application form together with the following documents for a Poland Work Permit:
- an up-to-date (for the date of application) extract from the
National Court Register or another appropriate register - if the
employer is a legal person or a non-corporate body,
- an up-to-date (for the date of application) entry into the
records of economic activity - if the employer is an entity running a
business activity,
- a document from an appropriate register confirming the legal
status as well as the form and nature of the activity run by a foreign
employer - in the case of type C, D and E.
- an up-to-date (for the date of application) extract from the
National Court Register or another appropriate register or entry into
the records of economic activity concerning the branch or plant of the
foreign entity, its subsidiary or affiliate bound to a foreign employer
with a long-term cooperation contract - in the case of application for
the type C permit,
- a copy of an ID card or a copy of the filled in data pages of
a travel document (e.g. a passport) - if the employer is a natural
person,
- a company deed - if the employer is a limited liability company in organisation,
- a copy of company establishment notarial deeds - if the employer is a joint stock company in organisation,
- a copy of the filled in data pages of the travel document belonging to the foreigner to whom the application applies,
- if, according to separate legal provisions, the possibility
of working on a given position, working in a given profession or running
another activity depends on a permit from an appropriate institution - a
copy of documents confirming that the foreigner has met such
requirements,
- information from the district governor competent for the
registered office or place of residence of an employer intending to
employ a foreigner that, according to registers of the unemployed and
the persons searching for work there are no Polish nationals willing to
occupy such work position and recruitment to such position among Polish
nationals brought negative results - in the case of type A.
- a copy of a statement on the amount of profit obtained
(incurred loss) by the employer as a taxpayer of a corporate income tax
in the tax year preceding submission of the application and information
on the employment during the year preceding submission of the
application or information on possessed resources or on running
activities enabling future fulfilment of the conditions specified in
Art. 88c Item 4 of the Act - in the case of application for the type B
permit,
- a copy of a contract pursuant to which a service is provided
in the Republic of Poland or an excerpt from such contract which defines
the scope of foreign employer's obligations or, if such contract has
not been signed yet, a foreign employer's declaration defining such
scope. A copy of an appropriate fragment of the contract must be
submitted by the employer promptly after conclusion of such contract -
in the case of application for a type D permit,
- if the foreigner:
- in the period of 3 years preceding submission of an application for work permit issue graduated from the school or college with the seat in the Republic of Poland or in another country of the European Economic Area or Swiss Confederation,
- for 3 years preceding submission of an application for residence permit issue has stayed legally in the Republic of Poland, except for situations specified in Art. 110 of the Foreigners Act of 13 June 2003 (applies to a foreigner who has been detained and placed in a guarded facility for the purpose of deportation from Poland) - the foreigner must submit documents confirming that such requirements have been met (in the case of A and B types of permit), then such foreigner is released from meeting the requirements specified in points 10 and 11,
- confirmation of payment of an administrative proceedings fee paid to the following account:
Małopolski Urząd Wojewódzki
Ul. Basztowa 22, 31-156 Kraków
NBP Oddział Kraków
08 1010 1270 0051 2222 3100 0000- PLN 50 – in the case of application for a work permit for a period of up to 3 months,
- PLN 100 - in the case of application for a work permit for a period ofmore than 3 months,
- PLN 200 – in the case of D-type application (for an employee delegated for the purpose of providing an export service)
- application for permit prolongation - 50% of the above amounts
- power of attorney to represent the employer if a third person
acts on employer's behalf, together with a confirmation of payment of a
stamp duty in the amount of PLN 17 to the account of the Tax and Fees
Department of the Krakow City Hall,
Wydział Podatków i Opłat Urzędu Miasta Krakowa
al. Powstania Warszawskiego 10, 31-539 Kraków
Bank Pekao SA
04 1240 2092 9462 3005 0000 0000 - copies of documents confirming that the requirements
specified in separate legal provisions have been met, which may
influence the result of the proceedings.
A work permit can be
prolonged provided that foreigner's employer submits an application to
the province governor not later than 30 days before expiry of a current
work permit. In such situation the period of an offered
employment must begin directly after the end of the period for which a
permit had been already issued and the position offered to the foreigner
must be the same as the one for which the previous permit had been
issued. Regulations on issue of work permit apply to prolongation of
work permit respectively.
In : Poland Work Permit
Tags: 'poland work permit' 'work permit poland' 'work in poland' 'poland immigration' 'poland work permit apply'
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