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Work permit

Work permits are issued at the request of an entity entrusting work to a foreigner by a voivode competent for the registered office or place of residence of the entity entrusting work to a foreigner. In the event when the specification of the work performed by a foreigner does not allow to indicate the main place of its performance, the permit shall be issued by the Voivode of Mazowieckie.
Citizens of the following states: the Republic of Armenia, the Republic of Belarus, the Republic of Georgia, the Republic of Moldova, the Russian Federation and Ukraine may perform work in Poland for 6 months during a period of 12 consecutive months without the need to obtain a work permit. The condition for using this procedure is that the employer obtains an entry in the register of statements in the district labour office and that the foreigner has a document confirming the residence title in the Republic of Poland entitling them to work in the territory of the Republic of Poland.
A foreigner who, under the provisions of law, is not exempt from the obligation to hold a work permit in Poland and who wishes to take up employment in the territory of the Republic of Poland, must hold a relevant permit:
•    A type work permit
•    B type work permit
•    C type work permit
•    D type work permit
•    E type work permit
When submitting an application for a work permit for a foreigner on the territory of the Republic of Poland, an entity which entrusts the performance of work to a foreigner shall accompany the application with the following:
1.    declaration of an entity entrusting work to a foreigner concerning the circumstances referred to in Article 88j paragraph 1 items 3-7 of the Act of 20 April 2004 on promotion of employment and on labour market institutions;
2.    document issued by the appropriate register confirming the legal status and the form or nature of the activity conducted by a foreign employer - in case of an application for C, D or E type permit;
3.    valid identity card or a valid travel document or, if such a document is not available and cannot be obtained, another valid document confirming identity, if the entity entrusting work to a foreigner is a natural person;
4.    deed of partnership or articles of association if an entity which entrusts work to a foreigner is a limited liability company in organisation or a civil partnership, or notarial deeds on establishing a company - if the entity which entrusts work to a foreigner is a public limited company in organisation;
5.    copy of all completed pages of a valid travel document of the foreigner, whom the application concerns and, in case the foreigner does not have a valid travel document and it is not possible to obtain one - a copy of another valid document confirming their identity;
6.    documents confirming the occurrence of the circumstances referred to in Article 88c par. 8 of the Act;
7.    information referred to in Art. 88c par. 1 item 2 of the Act, issued not earlier than 180 days before the date of submission of the application, and in cases justified by the Starost - 90 days before the date of submission of the application - if required;
8.    in the case of an application for a B type permit, a copy of the statement on the amount of income obtained or loss incurred by the entity entrusting work to a foreigner as a corporate income tax payer in the tax year preceding the submission of the application;
9.    documents confirming the employment status in the year preceding the submission of the application - in the case of an application for the B type permit;
10.    documents confirming the circumstances referred to in Art. 88c par 4 item 2 of the Act - in the case of an application for a B type permit, if the prerequisite for issuing the permit is to prove the circumstances;
11.    information on the current state of employment in the entity which entrusts the performance of work to a foreigner - in the case when an application for a B type permit, if the party applies for a permit for a period exceeding 3 years;
12.    agreement by virtue of which the service on the territory of the Republic of Poland is or will be rendered - in the case of an application for a D typepermit;
13.    document drawn up by the user's employer confirming the agreement regarding the assignment of a foreigner by a temporary employment agency in the event that the entity entrusting the work is that agency;
14.    documents confirming the links referred to in Article 88, par. 1, item 3 of the Act;
15.    documents confirming that the foreigner meets the requirements set forth in the information provided by the Starost that it is not possible to meet personnel needs of the employer - in the case of an application for a type A permit - if the information from the Starost was required;
16.    proof of payment (name and surname of a foreigner) referred to in Article 90a par. 1 of the Act:

The fee for issuing a work permit is in the amount of:
•    PLN 50 - if the entity entrusting the performance of work to a foreigner intends to entrust the performance of work for a period not exceeding 3 months;
•    PLN 100 - if the entity entrusting the performance of work to a foreigner intends to entrust the performance of work for a period exceeding 3 months
•    PLN 200 - if the entity which entrusts work to a foreigner intends to second a foreigner to the territory of the Republic of Poland in order to provide an export service (D type work permit).
The fee must be paid for each foreigner /name and surname of the foreigner/ to the account:

The fee for the extension of a work permit is 50% of the amount paid for the work permit.
The fee should be paid to the bank account of the Opole Voivode: 22 1010 1401 0006 9322 3100 0000, or at the office, at the cash register. Cash register is open from Monday to Friday from 9 am to 2 pm.
Legal basis:
1.    Consolidated text of the Act of 20 April 2004 on promotion of employment and on labour market institutions,
2.    Regulation of the Minister of Family, Labour and Social Policy of 7 December 2017 on issuing a work permit for foreigners and entering into register a statement of entrusting work to foreigner,
3.    Regulation of the Minister of Family, Labour and Social Policy of 8 December 2017 on subclasses of business, according to the Polish Entrepreneurs Classification, for which seasonal work permits are issued,
4.    Regulation of the Minister of Family, Labour and Social Policy of 8 December 2017 on countries to which citizens are applied some provisions on issuing a permit for seasonal work and provisions on statement of entrusting work to foreigner,
5.    Regulation of the Minister of Family, Labour and Social Policy of 8 December 2017 on the amount of payments made in connection with the submission of an application for a work permit or a seasonal work permit and the submission of a statement on entrusting the performance of work to a foreigner,
6.    Regulation of the Minister of Family, Labour and Social Policy of 8 December 2017 amending the Regulation on determining cases in which a work permit for a foreigner is issued regardless of detailed conditions for issuing work permits for foreigners,
7.    Regulation of the Minister of Family, Labour and Social Policy of 8 December 2017 amending the Regulation on cases in which entrusting work to a foreigner on the territory of the Republic of Poland is permissible without the need to obtain a work permit,
8.    Act of 12 December 2013 on foreigners - uniform text (Dz. U. of 2017, item 2206),
9.    Act of 15 June 2012 on the effect of employing foreigners residing illegally on the territory of the Republic of Poland,
10.  Regulation of the Minister of Interior and Administration of 13 October 2017 amending the Regulation on visas for foreigners,
11.  Regulation No. 0510/P/2/2018 of the Opole Voivode of 3 July 2018 on defining the criteria for issuing work permits for foreigners.

 




author: Dziechciński Kamil, , number of views: 873
update date: 2019-12-05 12:25:06


Information and Advisory Points

The University of Opole
ul. Katowicka 87B
45-061 Opole
Phone 77 452 74 96
cpw@uni.opole.pl
Room 7 DS. “Niechcic”
work hours: 7.30-15.30, every Thursday, the point is open until 18.00
The Voivodeship Office in Opole
ul. Piastowska 14
45-082 Opole
kontakt@cudzoziemcy.opole.uw.gov.pl
room 318
work hours: 7.30 - 15.30