POLAND
IMMIGRATION, VISA, EMPLOYMENT, RESIDENCY & SPONSORSHIP
Please note that this is general advice, and may not apply to all circumstances.
It’s wise to seek professional advice that takes into account your particular circumstances.
Where and how can I obtain a work permit in Poland?
Work permits are issued by a province governor (Wojewoda) upon the request of an employer intending to employ a foreigner. Work permit is valid only together with a relevant residence legalization document, i.e. work visa or a residence permit document.
Do EU citizens apply for a work permit?
EU citizens are allowed to work in the Republic of Poland without necessity of obtaining a work permit, on the condition of residence legalization within 3 months from the date of entering the country.
How many kinds of work permits are there?
There are 5 types of work permits in Poland - work permit is required, if a foreigner:
- performs work in Poland pursuant to a contract with an employer whose registered office, place of residence, branch, facility or other form of business is located in Poland (type A),
- stays in 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),
- performs 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 Poland, its subsidiary or affiliate (type C),
- performs work for a foreign employer without a branch, facility or other form of business in Poland and is delegated to Poland for the purpose of execution of a service of temporary and casual nature (export service) (type D),
- performs work for a foreign employer and is delegated to 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).
How can I get a Polish work visa?
Work visa can be obtained at the Polish Consulate, after presenting a work permit document.
Who is the applicant for a work permit?
An employer is a party to administrative proceedings which means that the person who submits application for issuing work permit is the employer wishing to employ a foreigner and not a foreigner himself/herself.
Where and how can a residence permit be obtained?
Residence permits are issued to foreigners on the basis of an administrative decision of the province governor (Wojewoda) made on the basis of an application. Application is submitted by a foreigner himself/herself.
Who can I hire to assist me in processing my papers?
You can hire relocation or an immigration specialist company, as well as a lawyer, specializing in immigration and labour law regulations. They can act on your behalf on the basis of a power of attorney.
What are the documents I need to submit?
List of documents may vary and it will depend on what kind of procedure you will be involved in (work permit, visa application or a residence permit), as well as type of work permit or residence permit.
How long do I have to wait for my papers to be processed?
Processing time depends on what kind of procedure will be handled:
- Work Permit – 30 days
- Residence Permit – 45 – 90 days
- Work Visa – 7- 30 days (depends on a work load of a specific Polish Consulate)
Authorities have the right to prolong relevant procedures if additional clarifications or documents are required.
Where can I check on the status of my application?
You can check on the status of your application with relevant authorities. It can be done through your representative, who has relevant power of attorney.
What will my proof of employment legalization be?
In order to proof you are legally employed in Poland, you need to have a work permit document together with a relevant stay legalization document, i.e. work visa in your passport or a decision about residence permit with a right to work.
What are the government fees I have to pay for while I’m on my work visa?
Government fees are paid while submitting a relevant application and they are as follows at the moment:
1. Work Permit:
- 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 of more 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.
2. Work Permit For A Fixed Period Of Time:
- PLN 340 – for issuing a permit
- PLN 50 – for residence card
3. Work Visa:
- EUR 35 – for citizens of Ukraine and Belarus
- EUR 60 – for citizens of other countries
How long is the validity of the work visa before it expires?
Work visa is issued for the period of time corresponding to validity of a work permit, however it can be issued for up to 1 year.
If my passport expires before my work visa expires, what should I do?
It has to be noted that if validity of a passport is relatively short, Polish work visa will be issued with the expiration date exactly 3 months before end date of passport validity. It means sometimes it is better to consider changing/prolonging passport before applying for a work visa. If work visa expires and validity of a work permit is longer, you can apply again for a work visa with a new passport.
When my work visa expires, how can I re-enter Poland and accept a new job?
Once your work visa and work permit expire, you cannot continue working and residing in Poland. You have to start relevant work and residence legalization procedures from the beginning. Alternatively you can consider prolongation of relevant permits in due time, before they expire.
Is there a grace period to renew my work visa?
Work visa usually is granted with the 1st work permit. In case of prolonging your employment and work permit you should apply for a residence permit in Poland. Work visa however might be granted again, depending on a specific situation of a specific foreigner and there is no official grace period.
Can I come to Poland on a tourist visa to search and apply for jobs?
You can search and apply for jobs while on a tourist visa, as long as performing work is not involved.
What happens when an employer asks me to work immediately without a work permit?
Unless you are an EU citizen, such situation is against the Polish law and it is not advisable.
How do I make sure I don’t get banned from re-entry?
You just need to make sure you do not break any law regulations, especially Labour Code and regulations concerning work of foreigners in Poland, Act on Foreigners, as well as Criminal Code.
How can I transfer my work permit from one employer to the next?
Every time you change an employer, you need a new work permit. It is not possible to transfer work permits between different employers.
Aside from obtaining a work permit, how else can I reside in Poland?
You can apply for a residence permit in Poland, aside from the situation of obtaining a work permit, in the following circumstances:
- running a business activity on the basis of regulations of the Republic of Poland that is beneficial to the national economy, contributes to the growth of investments and transfer of technologies, introduction of beneficial innovations or creation of new jobs,
- a foreigner with recognized artistic achievements continues his/her artistic activity in the Republic of Poland,
- participation in professional trainings and internships under European Union programmes,
- intention of a family member to reside together with the migrating employee, referred to in the European Social Charter adopted in Turin on 18.10.1961,
- contraction of marriage with a Polish citizen,
- arrival to or stay in the Republic of Poland for the purpose of joining the family,
- residence in the Republic of Poland of foreigner's minor child that was born in this territory and remains without custody,
- being a spouse or an adult child of a foreigner residing and staying in the Republic of Poland for at least 5 years on the basis of residence permits for a fixed period, granted in relation to joining the family,
- stay in the Republic of Poland pursuant to residence permit for a fixed period, granted in relation to joining the family, in the case of becoming a widow or a widower, divorce, separation, death of an ascendant or descendant of the first degree, if a particularly important interest of a foreigner is at stake,
- stay in the Republic of Poland pursuant to residence permit for a fixed period, granted in relation to contracting a marriage with a Polish citizen, in the case of becoming a widow or a widower or in the case of divorce or if a particularly important interest of a foreigner is at stake,
- being a minor child of the foreigner with residence permit for a fixed period, born in the Republic of Poland,
- possession of a residence permit for a long-term EC resident, issued by another European Union Member State and intention to perform work or economic activities on the basis of regulations effective in the Republic of Poland and taking up or continuation of studies or vocational training or demonstration that there are other circumstances justifying foreigner's residence in territory of the Republic of Poland;
- being a family member who accompanies or intends to unite as a family member with a foreigner referred to in point 13, with whom the family member stayed in the territory of another European Union Member State,
- being a victim of trafficking in human beings in the meaning of Council Framework Decision of 19 July 2002 on combating trafficking in human beings if a foreigner:
• stays in the Republic of Poland,
• undertakes collaboration with an authority competent for carrying out proceedings concerning trafficking in human beings,
• has given up contacts with persons suspected of offences related to trafficking in human beings,
- arrival to or stay in the Republic of Poland in order to start or continue full-time higher education studies or full-time doctorate studies, also if the foreigner has started studies in the territory of another European Union Member State which he/she intends to continue or complete in the Republic of Poland,
- being a scientist who arrives to or stays in the Republic of Poland in order to carry out scientific research on the basis of an agreement of employment for a research project implementation, concluded with a scientific institution approved by a minister competent for science,
- possession of a residence document with an annotation "scientist", issued by another European Union Member State, if an agreement of employment in a research project implementation, concluded with a competent scientific institution of that country, provides for carrying out scientific research also in the Republic of Poland,
- intention to begin or continue education or a vocational training in the Republic of Poland,
- due to relationships of family nature - intention to join a Polish citizen or a citizen of a European Union Member State, a member-country of the European Free Trade Association (EFTA), which is a party to the Agreement on the European Economic Area, or of the Swiss Confederation, residing in the Republic of Poland,
- being a clergyman, a member of an order, or a person performing religious duties in churches and religious associations the status of which is regulated by an international agreement, by provisions of acts on relationship between the state and church or another religious association and such associations which act pursuant to an entry to a register of churches and other religious associations, and foreigner's stay in the Republic of Poland is connected to duties performed by him/her or preparation to performance of such duties,
- demonstration that there are circumstances other than the above.
How can my spouse or children who work and live in Poland sponsor my residency?
Your spouse or children, who live in Poland, can sponsor your residency in case of arrival to or stay in the Republic of Poland for the purpose of joining the family. They can sponsor you as their dependant.
How can I get a job soon after my family sponsors my residency?
Unless you are a spouse of a Polish or EU citizen, after successfully finding and securing a job, a work permit will be needed. You will also need to apply for a new residence permit on the basis of the work permit, to have a right to work. Residence permit is granted on the basis of joining the family does not allow you automatically to be able to perform work.
How can I apply for permanent residency and acquire citizenship when I get my work permit?
It is not easy to obtain a permanent residency or acquire Polish citizenships. Regulations are very strict and there are many stipulations to be met before being eligible to submit an application. Each case is being revised individually and carefully inspected by the authorities. The subject is comprehensive and it is advisable to contact an immigration consultant.
Does Poland have single and multiple visa entries? How do I get a multiple visa entry?
Yes, Poland has multiply entry visas and obtaining them depends on the purpose of entering the country by a foreigner. Work visa is a multiply entry visa.
Will an expat’s child born in Poland acquire citizenship?
Child born in Poland acquires Polish citizenship only on a condition that one of the parents is a Polish citizen. Otherwise it is not possible.
I am Polish currently living overseas with a foreign nationality. What are the requirements for my partner / spouse to be able to reside with me in Poland?
It has to be noted that partner other than a spouse might have major difficulties to legalize their stay in Poland, especially for non-EU nationals. Also same sex couples are not recognized in Poland. As a Polish citizen you can sponsor your spouse with an application for a residence permit, on the basis of the marriage certificate. In such case your spouse is allowed to work in Poland without necessity of obtaining a work permit.
Where can I find more information on residency and citizenship?
You can find more information at the Office for Foreigners website at www.udsc.gov.pl as well as Polish Consulates and province governors’ offices (Wojewoda) website for Warsaw at www.mazowieckie.pl.
What should I do to have a successful relocation?
In case of non-EU nationals, coming from countries where a non-visa stay for up to 90 days is not allowed, it will be necessary to obtain a visa to travel to Poland for a “look see trip”. Before accepting a job it is advisable to check the following issues, including documents needed, with the future employer:
- work and residence legalization requirements
- health insurance conditions
- bank account options
- accommodation options
- options for schools / kindergarten/ nurseries, if applicable.
A new hire should always check requirements for their work and residence legalization, including documents needed from a foreigner and an employer/ company, for the relevant procedures, as pursuant to regulations. It will depend on nationality of a new hire and employment conditions.
| ◄ IMMIGRATION EXPERT IN POLAND ► |
|
|
We specialize in immigration services concerning work and residence permits. |
|
ExpatCareers.com nor the author guarantee the accuracy of the information on this page. It is recommend that particularly prior to your travels you check with the relevant government authority. Please contact us with any updates you may have. Last updated 09 January 2012.
------------------------------------------------------------
Search and browse for jobs worldwide. Find work or recruit the ideal candidate TODAY!
