You can perform work in Poland if:
- you are in Poland legally, and
- you have the appropriate authorization to perform work, which may result either from a work authorization document or from a specific situation that makes you eligible to perform work in Poland without the document.
Examples:
(2) A foreigner has a permanent residence permit in the Republic of Poland. A foreigner can work legally because he or she is in Poland legally. In addition, the fact that he has a permanent residence permit means that he can perform any work in Poland without a permit.
3 The foreigner has an invalid visa and a Pole's Card. The foreigner cannot perform work in Poland. Although the foreigner would be exempt from the work permit requirement because he has a Pole's Card, his illegal stay in Poland prevents him from taking up work.
Full access to the Polish labor market refers to the situation when you can perform work without an additional document authorizing you to work for any employer and under any conditions. You have full access to the Polish labor market if:
- you have refugee status granted in Poland,
- you have been granted subsidiary protection in Poland;
- you have a permanent residence permit in Poland;
- you have a long-term EU resident permit in Poland;
- you have a residence permit for humanitarian reasons in Poland;
- you have a permit for tolerated stay in Poland; - you are enjoying temporary protection in Poland;
- you have a valid certificate issued by the Head of the Office for Foreigners in connection with pending proceedings for granting international protection;
- you have a temporary residence and work permit, but only one in which the employer, job position, salary, working hours and type of contract are not entered;
- you have a temporary residence permit for the purpose of full-time education;
- you have a temporary residence permit for the purpose of scientific research;
- you have a temporary residence permit for long-term mobility of a researcher;
- you have a temporary residence permit for a family member of a citizen of the Republic of Poland;
- you have a temporary residence permit for family reunification;
- you have a temporary residence permit for a victim of human trafficking;
- you have a temporary residence permit for a long-term EU resident permit holder in another EU member state;
- you have a temporary residence permit for a family member of a long-term EU resident permit holder in another EU member state;
- you are staying in Poland in connection with short-term mobility of an ICT worker, short-term mobility of a researcher or mobility of a student;
- you have a Pole's Card and a document legalizing your stay in Poland;
- you are a full-time student in Poland and have a document legalizing your stay in Poland;
- you are a graduate of Polish secondary schools, full-time higher education studies or full-time doctoral studies at Polish universities and have a document legalizing your stay in Poland.
Examples:
2 The foreigner has a temporary residence and work permit. The decision to grant this permit does not indicate the employer or other information regarding the performance of work. A foreigner may legally work for any employer. The foreigner resides legally - the temporary residence and work permit is the source of this entitlement. The residence and work permit held by a foreigner is not assigned to a specific employer, so he can freely change jobs during the period of its validity.
(3) The foreigner is the spouse of a Polish citizen and on that account holds a temporary residence permit. The foreigner can legally work for any employer, as the document legalizing his stay in Poland entitles him to work.
You can freely change your job if you have full access to the labor market, that is, for example, you have a temporary residence and work permit, which does not include information about the employer, job position, salary, working hours and type of contract, or you have a permanent residence permit.
If you have limited access to the Polish labor market, you cannot freely change your employer and working conditions. In case you have a temporary residence permit in order to work in a highly qualified occupation, additionally, you may only work in a highly qualified occupation.
When you are in visa-free travel, have a visa or temporary residence permit and a work permit, you can start working for a new employer if he obtains a new work permit for you.
If you are in visa-free travel, have a visa or temporary residence permit and a statement on entrusting work to a foreigner, you can start working for a new employer only if he obtains a new statement for you. Remember that on the basis of the above statement you can work for a total of no more than 6 months in the next 12 months, regardless of how many employers you have worked for. In addition, work on the basis of the above statement applies only to citizens of: Armenia, Belarus, Georgia, Moldova, Russia and Ukraine. If you have a temporary residence and work permit, in which the employer, job position, salary, working hours and type of contract are entered, you cannot start working for another employer on its basis.
However, you can apply to the governor in charge of the place of your current stay to change the permit if you want to perform work:
- at another user employer,
- in a different position,
- for a lower salary,
- at a different working time. If you want to change employers you must apply for a new temporary residence and work permit.
In a situation where you have a temporary residence permit for the purpose of performing work in a highly skilled profession and you have not yet worked in Poland on its basis for 2 years, you cannot, on its basis, start working for another employer or under different conditions.
You can apply to the provincial governor in charge of the place of your current residence for a permit amendment if you want to:
- perform work for another employer,
- change the position at which you are employed,
- receive a salary lower than that specified in the permit. If you have a temporary residence permit for the purpose of working in a highly qualified occupation and have already worked in Poland on its basis for 2 years, you can change your employer, position and salary without changing your permit, but only if you continue to work in a highly qualified occupation.
Examples:
2 The foreigner is in Poland on the basis of a temporary residence and work permit because of her work as a waitress at XYZ restaurant. Employer XYZ has offered the foreigner to change her job position to restaurant manager. The foreign woman has the option of applying to the governor for an amendment to her temporary residence and work permit due to the change of job position. The foreigner can start working in the new position after receiving a decision from the governor on the change of job position.
Legalization of stay Krakow - a temporary residence and work permit is a document that entitles you both to stay in Poland and to perform work in Poland. You can apply for the aforementioned permit yourself, however, obtaining it will require the cooperation of your employer.
You cannot apply for a temporary residence and work permit if, among other things:
- you are a posted employee;
- you are running a business activity in Poland;
- you are staying in Poland for the purpose of seasonal work;
- you are staying in Poland on the basis of a Polish visa issued for the purpose of tourism or to visit family or friends;
- you are staying in Poland for the purpose of tourism or to visit family or friends on the basis of a visa issued by another Schengen country;
- you are staying outside Poland. Procedure for obtaining You should submit an application for the above-mentioned permit in person during your legal stay in Poland to the provincial governor in charge of your place of residence.
The application should be submitted on a special form. Submission of the application may require you to make an appointment in advance to visit the department responsible for foreigners in the provincial office or its delegation/branch using the electronic client reception calendar. Be sure to check with the relevant provincial governor's office for the rules regarding client receptions. You should attach to your application:
- Appendix 1, which is to be completed by your employer;
- 4 current photographs;
- A photocopy of a valid passport (the original for inspection). In addition, at the provincial office you should submit:
- information about labor market, which is obtained by the employer.
It is not required, among other things, in case when:
- the profession you are to practice in Poland is on the list of professions whose practice exempts you from the obligation to have the above information;
- immediately before submitting your application you had a work permit or a temporary residence permit and work for the same employer in the same position;
- immediately before submitting the application you were employed for 3 months with the same employer and in the same position on the basis of a statement on the assignment of work to a foreigner. In this situation you will be required to present the above statement, employment contract and documents confirming payment of social security contributions;
- you have resided in Poland legally and continuously for 3 years;
- you have graduated from a university in Poland, another EEA country or Switzerland, or you are a doctoral student in Poland 3 years before submitting your application;
- you are exempt from the obligation to have a work permit
- A document proving that you have an assured place of residence (e.g., a certificate of registration, an apartment lease agreement, or a statement from the owner of the premises that you can live there);
- a certificate of employment from your last employer (in case you have previously worked for another employer);
- documents confirming sources of stable and regular income sufficient to cover the cost of living for you and members of your family (for a single person - in an amount higher than PLN 701 net per month, for a person in a family - in an amount higher than PLN 528 net per month), e.g., PIT returns on the amount of income earned for the last tax year or a relevant certificate from the Social Insurance Institution;
- documents confirming insurance coverage (e.g., a relevant certificate from the Social Insurance Institution, insurance policy).
The stamp duty for granting a temporary residence and work permit is 440 PLN. In addition, you will have to pay PLN 100 for the issuance of a residence card.
A temporary residence and work permit can be granted to you for a period from 3 months to 3 years. The temporary residence and work permit you will obtain will include information about, in addition to its validity period:
- employers,
- job position,
- the lowest salary you are to receive,
- the number of working hours, - the type of contract under which you are to perform work.
If you work for several employers this information will be included separately for each employer. If you meet the conditions for exemption from the work permit requirement the above information will not be included in the aforementioned permit.
The permit will contain information on the legal basis for the work permit exemption. If you receive a negative decision from the provincial governor on your temporary residence and work permit, you have the right to appeal against this decision to the Head of the Office for Foreigners within 14 days from the date of its delivery through the provincial governor who denied you the permit. If you consider the decision of the Head of the Office for Foreigners to be unjust, you will have the right to file a complaint with the administrative court.