Temporary residence and work permit 

What is it?

It is a single document aimed at foreigners who stay in Poland with the intention of performing work. Such persons may now apply for both a work permit and residence permit in a single procedure.

A temporary residence and work permit is granted if:

• a foreigner who has health insurance or conformation that costs of medical treatment on the territory of Poland will be covered by an insurance company,

• the remuneration offered to the foreigner is not lower than the rates offered for work of a comparable type or in a comparable position to other Polish employees in a given industry;

• the amount of the monthly remuneration is not lower than the minimum remuneration for work, regardless of the working time and the type of legal relationship on which the foreigner performs work;

• the poviat labor office could not find a candidate for a given position among jobseekers.

In the case of some professions a foreigner must additionally submit documents confirming that he/she has the right to undertake a given job in Poland.

A foreigner must not apply for a temporary residence and work permit if:

• he/she is under any type of protection in Poland: a refugee status, supplementary or temporary protection, permit for tolerated stay, residence permit for humanitarian reasons or asylum;
• he/she is seeking international protection or asylum;
• he/she has the right of permanent residence or a long-term resident's EU residence permit;;
• he/she stays in Poland on the basis of a Schengen visa granted for humanitarian reasons or reasons concerned with the best interests of the Republic of Poland;

• stays in the territory of Poland on the basis of a temporary residence permit due to circumstances requiring a short-term stay (Article 181 (1) of the Act on foreigners);

• is arrested or in a guarded center for foreigners, or is forbidden to leave the country;

• is imprisoned or temporarily arrested;

• stays in Poland after he was obliged to return and the period of voluntary return specified in the decision on obliging to return has not expired (also in the case of an extension of this period);

• is obliged to leave the territory of Poland as a result of refusal to extend a Schengen visa, a temporary or permanent residence permit (or withdrawal of such a permit), refusal to grant international protection or withdrawal of a residence permit for humanitarian reasons;

• stays outside of Poland;

• is an employee posted to work in Poland by a foreign employer;

• entered Poland as part of the entry facilities for foreigners traveling for the purpose of trade or investment;

• runs a business in Poland.

• stays in Poland to perform seasonal work;

• stays in Poland on the basis of a national or Schengen visa or a visa issued by another Schengen country, issued for the purpose of tourism, or to visit family or friends.

A change of the temporary residence and work permit is not required if the following occurs:

• change of the seat or place of residence of the employer;

• change of the employer's name or legal form;

• takeover of the employer or its part by another employer,

• transfer of the workplace or part of it to another employer,

• replacing a civil law contract with an employment contract;

• change of the name of the position at which the foreigner performs work, while maintaining the scope of his duties;

• increasing the working time with a proportional increase in remuneration.

   

A foreigner is obliged to:

• immediately apply to the voivodeship office for a change of the permit in the event of a change in working conditions (except for the cases mentioned above). Failure to do so may result in the withdrawal of the permit

• notifying the voivodeship office about the loss of job within 15 working days from the date of the incident;

• submitting an application to the voivodeship office for replacement of the residence card, if the data entered in the card (eg address) has changed.

   

Legal basis

Act of 12 December 2013 on foreigners (Articles 114-126)

Development: Editorial team of Zielona Linia