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Foreigners who may perform work on the territory of the Republic of Poland

This article is written according to the legal status current as of: 2021-01-22

What does the term performance of work by foreigners mean?

A foreigner may perform work on the territory of the Republic of Poland if he/she meets at least one of the following conditions:

1. has the refugee status granted in the Republic of Poland,

2. she was granted subsidiary protection in the Republic of Poland,

3. has a permanent residence permit in the Republic of Poland,

4. has a residence permit for a long-term resident of the European Union in the Republic of Poland,

5. has a residence permit for humanitarian reasons,

6. has a permit for tolerated stay in the Republic of Poland,

7. uses temporary protection in the Republic of Poland,

8. has a valid certificate issued under Art. 35 sec. 1 of the Act of June 13, 2003 on granting protection to foreigners within the territory of the Republic of Poland,

9. is a citizen of a European Union Member State,

10. is a citizen of a European Economic Area country that does not belong to the European Union,

11. is a citizen of a country that is not a party to the Agreement on the European Economic Area, who may exercise the freedom of movement on the basis of an agreement concluded by that country with the European Community and its Member States,

12. accompanies the foreigner referred to in points 7-9 on the territory of the Republic of Poland, as a family member within the meaning of the Act of 14 July 2006 on the entry into the territory of the Republic of Poland, stay and departure from this territory of citizens of the European Union Member States and their members families,

13. is a person referred to in art. 19 paragraph 2-3 of the Act of 14 July 2006 on the entry into the territory of the Republic of Poland, residence and departure from this territory of citizens of the European Union Member States and their family members,

14. has a temporary residence permit referred to in art. 114 section 1 or 1a, art. 126, art. 127, art. 139a paragraph. 1, art. 139o paragraph 1 or art. 142 sec. 3 of the Act of 12 December 2013 on foreigners - under the conditions specified in this permit,

15. has, in the territory of the Republic of Poland, in connection with the use of short-term mobility of a managerial an employee, specialist or intern, as part of an intra-corporate transfer under the conditions specified in art. 139n paragraph. 1 of the Act of 12 December 2013 on foreigners,

16. stays on the territory of the Republic of Poland in connection with the use of the short-term mobility of the researcher under the conditions specified in art. 156b paragraph. 1 of the Act of 12 December 2013 on foreigners,

17. stays on the territory of the Republic of Poland in connection with the use of the student's mobility under the conditions specified in art. 149b section 1 of the Act of 12 December 2013 on foreigners,

18. has a work permit and stays on the territory of the Republic of Poland:

  • on the basis of a visa, with the exception of a visa issued for the purpose referred to in art. 60 sec. 1 point 1, 22 of the Act of 12 December 2013 on foreigners, or
  • based on Article. 108 sec. 1 paragraph 2 or article. 206 paragraph 1 point 2 of the Act of 12 December 2013 on foreigners or a stamp placed in the travel document, which confirms the submission of an application for a long-term resident's European Union residence permit, if immediately before submitting the application, he was entitled to work in the territory of the Republic of Poland, or
  • on the basis of a temporary residence permit, with the exception of the permit granted in connection with the circumstances referred to in art. 181 paragraph. 1 of the Act of 12 December 2013 on foreigners, or
  • on the basis of the document referred to in Art. 61 of the Act of 12 December 2013 on foreigners, defining the status of a family member of a member of a diplomatic mission or consular post of a foreign state or another person equivalent to them on the basis of laws, agreements or generally established international customs, remaining with that person in the home community, if an international agreement or agreement was concluded between the Republic of Poland and a foreign state on the performance of gainful activity by family members of staff members of diplomatic missions or consular offices, or
  • on the basis of a visa issued by another Schengen country, or
  • on the basis of a residence permit issued by another Schengen country, or
  • as part of visa-free travel,

19. resides in the territory of the Republic of Poland pursuant to art. 108 sec. 1 of the Act of 12 December 2013 on foreigners and:

  • before submitting the application for granting another temporary residence permit referred to in art. 139a paragraph. 1 or art. 139o paragraph. 1 of the Act of 12 December 2013 on foreigners, resided in the territory on the basis of this permit and continues to perform the work to which he was entitled on its basis,
  • performs work as an employee of the management staff, specialist or internship employee as part of the intra-corporate transfer referred to in art. 3 point 13 of the Act of 12 December 2013 on foreigners, for the host unit that submitted the application for a temporary residence permit referred to in art. 139o paragraph. 1 of this Act, under the conditions specified in this application,
  • conducts scientific research or development work in a scientific unit based in the territory of the Republic of Poland, approved by the minister responsible for internal affairs pursuant to the provisions of Art. 151 paragraph. 4-5 of the Act of 12 December 2013 on foreigners and submitted an application for a temporary residence permit referred to in art. 151b paragraph. 1 of this Act, under the conditions specified in the agreement referred to in Art. 151b paragraph. 1 point 2 of this act.

What is the performance of work by a foreigner?

Performance of work by a foreigner is employment, performance of other paid work, performance of functions in the boards of legal persons that have been entered in the register of entrepreneurs under the provisions of the National Court Register or are joint-stock companies in organization, or conducting the affairs of a limited partnership or limited joint-stock partnership by a general partner, or acting as a proxy.

 

Legal basis:

Act of 20 April 2004 on Employment Promotion and Labour Market Institutions (Article 87 par. 1 and 2, Article 2 par.1 point 40)

Regulation of the Minister of Labour and Social Policy of 21 April 2015 on cases whereby work performance by foreigners on the territory of the Republic of Poland is allowed without the need to obtain a work permit

Regulation of the Minister of Labour and Social Policy of 28 November 20013 amending the Regulation on cases whereby work performance by foreigners on the territory of the Republic of Poland is allowed without the need to obtain a work permit

Development: Editorial team of Zielona Linia


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