Foreigners that may register with the labour office
Foreigners that may register with the labour office
Foreigners who have the right to register with the labour office as unemployed:
- citizens of the European Union Member States;
- citizens of the countries of the European Economic Area, not belonging to the EU;
- citizens of states that are not parties to the Agreement on the European Economic Area, who may use the freedom of movement of persons on the basis of agreements concluded by these states with the European Community and its Member States (ie the Swiss Confederation);
- citizens of the United Kingdom of Great Britain and Northern Ireland or their family members (Article 10 (1) b, d, e and f of the Withdrawal Agreement),
- foreigners with refugee status in Poland;
- foreigners who have a permanent residence permit in Poland;
- foreigners who have a long-term resident's European Union residence permit in Poland;
- foreigners who have a temporary residence permit in Poland granted in connection with the circumstances referred to in Art. 127 or article. 186 paragraph 1 point 3 of the Act of 12 December 2013 on foreigners -
- foreigners who have been granted a temporary residence permit:
• in order to work in a profession requiring high qualifications,
• due to the fact that they have a long-term resident's EU residence permit in another EU country due to the fact that they intend to work or run a business in Poland, undertake or continue studies or vocational training, or show other circumstances justifying their stay in Poland.
- foreigners who have a permit to stay in Poland for humanitarian reasons or a permit for tolerated stay;
- foreigners enjoying temporary protection in Poland;
- foreigners applying for international protection and spouses on behalf of whom they apply for international protection who have a certificate issued on the basis of Art. 35 of the Act of June 13, 2003 on granting international protection to foreigners in Poland;
- foreigners who have been granted subsidiary protection in Poland;
- foreigners who have a visa in Poland issued for humanitarian reasons, due to the interest of the state or international obligations (Article 60 (1) (23) of the Act on foreigners);
- foreigners accompanying a foreigner in Poland (a citizen of an EU Member State, an EEA country, a state that may benefit from the freedom of movement of persons on the basis of agreements concluded with the European Community and its Member States) as family members;
- foreigners who have a temporary residence permit in Poland, referred to in art. 114 paragraph. 1 or 1a or article. 126 paragraph 1 of the Act of 12 December 2013 on foreigners, provided that immediately before registration as unemployed they were employed in Poland continuously for a period of at least 6 months -
- foreigners who have a temporary residence and work permit in Poland:
• in order to perform work,
• in order to work in a profession desirable for the Polish economy due to high professional qualifications required to perform work in this profession, or
• to serve on the board of a legal person, provided that they do not hold any shares or stocks;
• foreigners with a visa issued for the purpose of working in Poland, provided that immediately prior to registration as unemployed, they were employed in Poland continuously for a period of at least 6 months;
- foreigners - family members of Polish citizens who:
• have obtained a temporary residence permit in Poland, or
• after submitting an application for a temporary residence permit, permanent residence or long-term resident's EU residence permit, they reside in Poland pursuant to art. 108 sec. 1 paragraph 2 or article. 206 paragraph 1 point 2 of the Act of 12 December 2013 on foreigners or on the basis of a stamp in the passport, which confirms the submission of the application on time and does not contain formal defects, if they had a temporary residence permit immediately before submitting the application.
- foreigners accompanying a Polish citizen in Poland as a family member.
All of the above listed foreigners have the right to register also as a job seeker. Additionally this right is granted to those included in the list below:
- foreigners who have a temporary residence permit in Poland, referred to in art. 114 paragraph. 1 or 1a article. 126 paragraph 1 of the Act on Foreigners, these are foreigners who have a temporary residence and work permit in Poland:
• in order to work or in order to perform work in the profession desirable for the Polish economy, as defined by the minister competent for labor in consultation with the minister competent for economy, taking into account the needs of the labor market, including the need for effective employment in professions in which there are significant labor shortages or
• to act on the management board of a legal person, provided that they do not hold any shares or stocks in it;
- foreigners with a visa issued for the purpose of performing work in Poland;
- foreigners who have a temporary residence permit in Poland granted in connection with the circumstances referred to in art. 144, art. 151 paragraph 1, art. 151b paragraph. 1, art. 159 paragraph 1, art. 160, art. 161, art. 161b paragraph. 1 Art. 176, art. 186 paragraph 1 points 1, 2, 4, 5 and 7 or article. 187 of the Act on Foreigners, including foreigners who have a temporary residence permit in Poland:
• in order to pursue first-cycle studies, second-cycle studies or uniform master's studies or third-cycle studies,
• in order to conduct scientific research,
• for long-term mobility of a scientist conducting research or development work in a unit on the territory of Poland approved by the minister responsible for internal affairs;
• for long-term mobility of a family member of the researcher;
• in order to be reunited with the family,
• for victims of human trafficking,
• granted due to family ties (Articles 160 and 161),
• due to other circumstances (specified in Article 186 or 187, with the exception of a long-term resident's EU family member who is covered by the provisions of Article 1 (3) (2) (g).
- foreigners with a visa for the purpose of undergoing first and second cycle studies or uniform master's studies or education at a doctoral school, with the annotation "student", or a national visa for the purpose of conducting scientific research or development works;
- foreigners staying on the territory of Poland under the visa-free regime in connection with an application entered in the register of applications for a seasonal permit;
- foreigners who have a visa in the Republic of Poland issued for the purpose of performing work on the basis of a seasonal work permit;
- foreigners who have a temporary residence permit in Poland due to seasonal work;
- foreigners - family members of a Polish citizen, seeking employment, other gainful work or other form of assistance specified in the Act.
Legal basis:
The Act of 20 April 2004 on Employment Promotion and Labor Market institutions (Article 2 (1) (2))
Act of 12 December 2013 on Foreigners
The act of 17 December 2021 amending the act on foreigners and some other acts
Development: Editorial team of Zielona Linia
