Work and Residence

A foreign national whose purpose of stay in Poland is to begin or continue employment should submit an application for a permit to Temporary residence and employment.

One of the main documents is Attachment No. 1 from the employer, which specifies the terms and conditions of the foreign national’s employment. It is important to note that this attachment must be signed by a person authorized to represent the employer, such as the person designated to represent the company in the National Court Register (KRS).

A temporary residence and work permit authorizes the holder to reside in Poland and work, in accordance with the terms specified in the permit and for the duration of its validity. If, during the proceedings, a foreign national submits documents confirming that they are exempt from the requirement to hold a work permit (e.g., as a graduate of a full-time degree program in Poland, etc.), the foreign national will receive a decision without the specified conditions of employment.

A permit of this type is issued for the duration of the anticipated employment specified by the employer in Attachment 1: from 3 months to a maximum of 3 years. Based on this permit, the foreign national receives a residence card.

However, not every foreign national residing and working in Poland is eligible to apply for this type of residence permit. The provincial governor will refuse to initiate proceedings to grant a residence and work permit if the foreign national:

1. He is an employee seconded for a fixed period to work in Poland by an employer based outside Poland. In this case, the foreign national should apply for a temporary residence permit for the purpose of employment as a foreign national seconded to Poland by a foreign employer.
2. He or she is an individual engaged in investment or trade who entered Poland pursuant to obligations set forth in international agreements regarding the facilitation of entry.
3. He is staying in Poland to perform seasonal work.
4. He runs a business in Poland.
5. He is staying in Poland to visit family or friends or for tourism purposes, based on a visa issued by the Polish authorities or a visa issued by another Schengen country.

Important!

After initiating proceedings, the provincial governor may refuse to grant a temporary residence and work permit even if the foreign national’s employer does not meet certain requirements, for example, when the employer does not have sufficient financial resources or sources of income necessary to cover the obligations arising from employing the foreign national, or does not engage in actual agricultural, economic, or statutory activity justifying the employment of the foreign national during the relevant period—in particular, if the employer has suspended operations, is in the process of liquidation, or has been removed from the relevant registry.

A residence and work permit, upon application by a foreign national, may be amended at any time by the provincial governor with jurisdiction over the foreign national’s place of residence if the foreign national intends to work for the same employer under conditions different from those specified in the decision; this applies to:

working hours,
the type of contract under which the foreign national is to perform work (no change is required when a civil law contract is replaced by an employment contract),
the position in which the foreign national is to perform work,
the minimum wage a foreign national may receive for a given position

Important!

If a foreign national is not exempt from the requirement to obtain a work permit and the employer is specified in the decision granting residence and work authorization, and the foreign national wishes to take a job with a different employer, they must apply for a new temporary residence and work permit; this cannot be done through an amendment to the existing decision.

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