A temporary residence and work permit is granted by the provincial governor. It applies to a foreign national who intends to live in Poland and work here. In addition to the application, it is also important that, What exactly will be included in the decision? and under what circumstances the provincial governor may revoke it. In this article, we discuss three provisions of the Act on Foreigners: Articles 118, 122, and 126. We do not cover the application procedure, required documents, or fees here.
What does the provincial governor include in the decision?
Pursuant to Article 118(1) of the Act on Foreigners, a decision granting a temporary residence and work permit specifies more than just the permit’s validity period. It also includes five pieces of information regarding the work you will be performing.
- Employer: the company or person that assigns you work. If you are a temporary employee, the client employer is also specified.
- Position or type of work: what you'll be doing.
- Lowest salary: the amount you will earn in that position.
- Working hours: the scope of your work.
- Type of contract: the contract under which you are to perform the work.
The decision also includes a notice regarding the obligation under Article 121(1) (Article 118(1a)). We will not discuss the content of Article 121 itself, as it is not the subject of this text; therefore, please read the instructions in your own decision carefully or ask your advisor about them.
Several companies, part-time work, contract under civil law
The regulations provide for several specific situations. If the decision lists several entities that assign work to you, the terms and conditions of employment are determined separately for each entity (Article 118, paragraph 2). Every company, therefore, has its own job position, its own minimum wage, its own work schedule, and its own type of contract.
The second case involves an application for part-time work or work under a civil law contract. In that case, the minimum wage is specified proportionally based on the number of working hours or the anticipated duration of the performance of the obligations under the contract (Article 118(5)). Therefore, the amount specified in the decision does not have to correspond to a full-time position if the application was for part-time work.
When a work permit is not required
The provision of Article 118(1) does not apply to everyone. The provision of paragraph 1 does not apply if a foreign national meets the conditions for exemption from the requirement to hold a work permit, as specified in separate regulations (Article 118(3)). In such a case, the decision, in addition to specifying the permit’s validity period, states that you are authorized to work under the conditions set forth in the provision serving as the basis for the exemption (Article 118(4)).
It follows that if the basis is an exemption from the work permit requirement, the decision will include a reference to that provision, rather than the five items listed in the previous section. General information about work permits can be found at page on work permits for foreign nationals. A separate topic is covered on the page about information from the county administrator.
When the provincial governor revokes a permit
Article 122 lists two situations in which the provincial governor revokes a temporary residence and work permit. This provision applies to cases other than those specified in Article 101, and its wording is unequivocal: the provincial governor reverse a permit is granted when one of the conditions is met. The conditions are alternative, so only one of them needs to be met.
A change in position or a pay cut
First scenario: the position specified in the permit has changed or the salary has been reduced, but the permit has not been amended (Article 122(1)). The last provision is key here. A change in position or a reduction in compensation alone is not enough, because the provision links these changes to the fact that the permit remains in its original form.
The employer is not in business
The second situation concerns an entity that outsources work. The provincial governor revokes the permit if that entity does not engage in business, agricultural, or statutory activities (Article 122(2)). The Act provides examples of such circumstances: the entity has suspended its operations, has been removed from the relevant registry, or is in the process of liquidation. The words „in particular” indicate that the list of examples is not exhaustive.
Member of the Board of Directors and Authorized Signatory
Article 126 addresses a specific case. It concerns a foreign national who serves on the board of a legal entity subject to entry in the business register, but does not hold any shares of that legal entity. A temporary residence and work permit is granted if both of the following conditions are met: the foreign national meets the requirements of Article 114(1)(1), and the entity that the foreign national manages or will manage meets the requirements of Article 142(1)(3) (Article 126(1)).
Articles 115, 117, and 118(1)(1) and (2) and (3) and (4) apply to such a permit (Article 126(2)). The decision therefore specifies the employer and the position or type of work; in the event of an exemption from the work permit requirement, the information described in the previous section applies. However, the provision does not refer to the position with the lowest pay, the number of working hours, or the type of contract.
The same rules apply, mutatis mutandis, when the work involves acting as a proxy (Article 126(3)).
How to Use It
A decision granting a temporary residence and work permit is not merely authorization to stay. It specifies a particular job, so once you receive it, check whether the details regarding the company, position, salary, working hours, and type of contract match your situation. You can find a general description of this type of permit at the page on work and residence. Keep in mind that the provincial governor decides whether to grant or revoke a permit, and this text describes the regulations, not the outcome of any specific case.
Frequently Asked Questions
What must be specified in a decision granting a temporary residence and work permit?
In addition to the permit’s validity period, the decision specifies the employer, the position or type of work, the minimum wage, the number of working hours, and the type of contract (Article 118(1)). When a foreign national is exempt from the work permit requirement, information regarding the right to work based on the exemption provision is included instead.
Will the provincial governor revoke the permit if my position changes?
According to Article 122(1), the provincial governor revokes a permit when the position specified in the permit has changed or the salary has been reduced, and the permit has not been amended. The provision links a change in position to the fact that the permit has remained unchanged.
Can a license be revoked due to the company's circumstances?
Yes, Article 122(2) refers to an entity that does not engage in business, agricultural, or statutory activities. Examples provided in the Act include the suspension of operations, removal from the registry, and the liquidation period.
Can a member of the board of directors of a legal entity that does not hold any shares obtain such a permit?
Article 126 provides for this possibility for a foreign national serving on the board of directors of a legal entity entered in the business register in which the foreign national does not hold any shares. The conditions set forth in Article 114(1)(1) and the requirements concerning the entity specified in Article 142(1)(3) must be met cumulatively. The provincial governor decides whether to grant the permit.
Have you already received a decision granting you a temporary residence and work permit, or are you just planning to apply? Ask ECOC: contact form or call 737 737 736. Information about the services is available at price list.
