A lot of people is writing or calling asking for a work permit.
Here a brief explanation what we are talking about.
A work permit allows you to work on the territory of Poland – only Poland.
To have a work permit you need to find an employer first. If he will agree to employ you the other steps are a matter of preparing the documents, lay them down in the appropriate office duly filled and then collect the work permit.
Then once in Poland you can apply for a residence card. With it you can travel around the Schengen country. If you will apply in due time there will be no need to leave Poland and return to your homeland for a new Polish Visa.
If you have an employer and you are coming to Poland for work, do not hesitate to get in touch with us.
We can prepare all the documents, apply and obtain the work permit.
All of this is not concerning EU citizens. They do not need a work permit to work in Poland.

The non-EU nationals that want to work in Poland for more than 6 months have to obtain a valid work permit.
According to the type of job different types of work permit are required:

A - regarding a non-EU national employed on the territory of the Republic of Poland on the basis of a contract conducted with an entity which registered office, place of residence or subsidiary, facility or other form of business activity is located on the territory of the Republic of Poland;

B - regarding a non-EU national being a member of the board of a legal person registered in the registrar of companies or a limited company within an organization for more than 6 months in the following 12 months;
C - regarding a non-EU national employed by a foreign employer and seconded to the territory of the Republic of Poland for more than 30 days in a given year to a subsidiary or facility of the foreign entity or an entity connected with the foreign employer within the meaning of the Personal Income Tax Act of 26 July, 1991;
D – regarding a non-EU national employed by a foreign employer without a subsidiary, facility or other form of business activity located on the territory of the Republic of Poland who has been seconded to the territory of the Republic of Poland in order to realize a service of temporary or occasional nature (export service);
E – regarding a non-EU national employed by a foreign employer and seconded to the territory of the Republic of Poland for less than three months within the following six months in purpose other than those mentioned in points B, C, D (B type work permit concerns a non-EU national being a member of the board of a legal person registered in the registrar of companies or a limited company within an organization for more than 6 months in the following 12 months);
Comment! The principles of issuing work permits for foreiners are regulated by the Act on the Promotion of Employment and Labour Market Institutions (consolidated text. OJ of 2008 No 69, pos. 415 with amendments) as well as the Regulation of the Minister of Labour and Social Policy of 29 January 2009 on issue of work permit for a foreigner (OJ of 2009 No 16 Item 84).
A work permit is issued by a governor according to:
- registered office or place of residence of the entity employing a foreigner – A i B types of a work permit,
- entity’s registered office a non-EU national has been seconded to – a governor issues a work parmits for non-EU nationals employed by a foreign employer seconded to Poland for more than 30 days in a given year to a subsidiary or foreign entity’s facility or to a entity connected with the foreign employer with the meaning of the Personal Income Tax Act of 26 July, 1991;
- entity’s registered office a non-EU national has been seconded to – a governor issues a work permit for non-EU nationals employed by a foreign employer seconded to Poland for more than 30 days in a given year to a foreign entity’s subsidiary or facility, its subordinate or an entity bound with the foreign employer by a long-term cooperation contract.
- registered office or place of residence of the entity for which the service is conducted and if such entity’s registered office or place of residence is abroad, due to the main place of work of the non-EU national located on the territory of the Republic of Poland a governor issues a work permit for the non-EU nationals that realize export service on the territory of Poland.
- main place of work of the non-EU national on the territory of the Republic of Poland – a governor issues a work permit for a non-EU national employed by a foreign employee and seconded to the territory of the Republic of Poland for more than three months in the following 6 months for purpose other than acting as a member of a board; an employee seconded on the basis of the C-type work permit and an export service realization.

The above mentioned properties do not apply when the main place of work of a non-EU national is difficult to determine. In such case a work permit is issued by the Mazowieckie Governor.
The work permit is usually submitted by the employing entity (Polish or foreign company or its authorized representative).
Work permit issued for a definite period of time.
A work permit is issued for a maximum period of three years and may be prolonged except for such situation when a non-EU national acts as a member of the legal person’s board that employs more than 25 people while submitting the work permit form. In such case a work permit may be issued for a period of maximum five years. In a situation when when a non-EU national has been seconded in order to realize an export service, a governor issues a work permit for a period of secondement. Above-mentioned periods may be restricted according to criteria issued for each district.
The issue of work permit is payable. In addition, in some cases a local government officer in Polish administration is obliged to conduct a positive labor market assessment. The assessment, however, is not required while employing as a home help the non-EU nationals from Ukraine, Belarus, Georgia, Moldova or Russia.
Nevertheless the assessment is required when a Polish entrepreneur wants to employ as a home help a Vietnam citizen. In such case a labor market is to be assessed by a local government officer in Polish administration in order to examine whether an unemployed Polish citizen would be suitable for this kind of job. Additionally in the Mazowieckie District a work permit without the labor market assessment is issued while applying i.e. for the positions of tiller, plasterer, bar bender and tractor driver.
Information for foreigners interested in doing work in Poland
Performing work in accordance with the law is very important both from the point of view of the foreigner and the entity entrusting him with the performance of work. A foreigner who performs work contrary to the regulations is exposed to a fine of not less than PLN 1,000 and the issuing of a decision on the obligation to return. An entity entrusting a foreigner with illegal performance of work exposes you to criminal or criminal liability.

A foreigner coming to Poland to perform work should ensure that his stay is legal. On the other hand, the foreigner's employer should obtain documents authorizing the foreigner to work in Poland and conditioning the issuing of a visa or temporary residence permit for this purpose. The employer is also required to keep copies of documents confirming the legal stay of the foreigner in Poland.

As a rule, foreigners are entitled to work in Poland if:

 are legally resident and have a work permit, unless it is not required, either
 have a temporary residence and work permit or a temporary residence permit in order to perform work in a profession requiring high qualifications.
Note: A foreigner may not work in Poland if he is based on:

visa issued for tourist purposes, arrival for humanitarian reasons, due to state interests or international obligations;
temporary residence permit granted pursuant to art. 181 section 1 of the Act of 12 December 2013 on foreigners, i.e. due to circumstances requiring a short-term stay of a foreigner on Polish territory.
Obligation to obtain a work permit for a foreigner
A work permit is a decision of the competent authority authorizing a foreigner residing legally in Poland to work under the conditions specified in the permit. This document is issued at the request of the entity entrusting the performance of work to a foreigner by a voivode competent for his registered office or place of residence.

A work permit in Poland is not required, among others when a foreigner:

has the status of a family member of an EU / EEA / Switzerland citizen,
enjoys international protection in Poland (has refugee status, enjoys subsidiary protection),
has a permanent residence permit in the Republic of Poland,
has a long-term resident's European Union residence permit in the Republic of Poland,
has permission to stay for humanitarian reasons,
has a permit for tolerated stay in the Republic of Poland,
is a spouse of a Polish citizen with a temporary residence permit in the territory of the Republic of Poland granted in connection with entering into marriage,
has a temporary residence permit to connect with the family,
temporary residence permit for study purposes,
has a valid Pole's Card,
is a graduate of Polish upper secondary, full-time studies or full-time doctoral studies at Polish universities.
An important group of exceptions also includes citizens of six countries - Ukraine, Russia, Belarus, Georgia, Armenia, Moldova, who (in the scope not covered by the provisions on a seasonal work permit) benefit from easier access to the Polish labor market. For a period of six months during the next 12 months they can perform work without the need to obtain a work permit, provided they have a written statement of the entity entrusting the performance of work registered in the appropriate poviat labor office and a written contract. In a situation where the employer wants to employ a foreigner for a longer period of time, it is required to have a work permit or a temporary residence and work permit or a temporary residence permit in order to perform work in a profession requiring high qualifications. If a foreigner has worked for a given employer in connection with a registered statement, that employer may apply for a work permit (in the same position) in a simplified mode (without the need to obtain information from the staroste on the possibility of satisfying staffing needs based on the local labor market).

From January 1, 2018, the amended Act on employment promotion and labor market institutions introduces a new solution enabling employment of foreigners in Poland for seasonal work - seasonal work permit. Seasonal work is work performed for a period of no more than 9 months in a calendar year in the sectors: agriculture, gardening, tourism, as part of activities considered seasonal as specified in the executive regulation of the Minister of Family and Labor Policy on the subclasses of activities according to the PKD classification, in which seasonal work permits for a foreigner are issued.

More information on employing foreigners can be found on the website of the Ministry of Family, Labor and Social Policy.
Visa for the performance of work
To obtain a visa for the purpose of performing work, a foreigner should attach to the application for a visa a work permit or a written statement of the employer about the intention to entrust work to a foreigner if a work permit is not required. These documents are obtained by the entity intending to entrust the performance of work.

One temporary residence and work permit

Foreigners residing legally in Poland and whose purpose is to perform work may apply for a temporary residence and work permit or a temporary residence permit in order to perform work in a profession requiring high qualifications.

These permits are issued by the voivode in the so-called single application procedure, resulting in issuing one document entitling the foreigner to both stay and work in Poland, without the need for an additional work permit.
As a rule, the application for granting these permits must be accompanied by information from the staroste about the inability to meet staffing needs based on the local labor market, which is obtained at the Poviat Labor Office by the foreign employer.
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The employer's cooperation with the foreigner and the relevant provincial office is crucial for the successful employment of an employee from outside the EU. The employer should be aware of their obligations and comply with the legal provisions regarding the employment of foreigners.

Legal basis for a work permit

The legal basis for a work permit for foreigners in Poland is based on several provisions. The most important of them is the Act of 20 April 2004 on the promotion of employment and labor market institutions (Journal of Laws of 2018, item 1265, as amended). It regulates the principles of employment of foreigners, including the conditions for obtaining a work permit and the obligations of an employer employing a foreigner.

Other important provisions concerning work permits can be found in the Regulation of the Minister of Labor and Social Policy of January 29, 2009 on the issuance of work permits for foreigners (Journal of Laws of 2009, No. 16, item 84). It specifies, among other things, procedure for submitting applications for a work permit and the required documents.

It is also worth familiarizing yourself with the Act of 12 December 2013 on foreigners (Journal of Laws of 2013, item 1650, as amended), which regulates issues related to the stay of foreigners in Poland, including temporary residence permits for work purposes.

Time to process an application for a work permit

The time to process an application for a work permit for a foreigner may vary depending on individual circumstances and the workload of the provincial office. According to the regulations, the provincial office should issue a decision on the work permit within 30 days of the date of submission of a complete application. However, in practice this time may be extended to several months.

If the application review process takes longer than expected, it is worth checking whether the provincial office does not require additional documents or information. You can also contact the office to obtain information on the current status of the application. In case of delays, it is worth being patient and understanding the work of officials who have to consider many applications for work permits.

Work permit for a foreigner from outside the EU

The specifics of a work permit for a foreigner from outside the EU differ from those for citizens of the European Union. The requirements for foreigners from outside the EU are more stringent, and the process of obtaining a work permit may be more complicated. It is therefore worth knowing the basic rules and requirements for a work permit for people from outside the EU to avoid problems and delays.

How to legally stay and work in Poland

The guide on how to legally stay and work in Poland for foreigners from outside the EU covers several key steps. First of all, a person interested in working in Poland must obtain a work permit and a temporary residence permit for work purposes. What documents are needed for legal stay and work? The required documents include, among others: a valid passport, an employment contract with a Polish employer, a certificate of no criminal record and possibly additional documents confirming professional qualifications.

It is also worth remembering that legal employment in Poland is associated with the obligation to pay social insurance contributions and income tax. The employer is obliged to register the foreigner with social insurance and pay contributions on behalf of the employee.

Work permit for a delegated foreigner

In the case of a foreigner delegated to work in Poland by a foreign employer, the rules for a work permit are slightly different. A delegated foreigner may work in Poland on the basis of a type E work permit, which is issued for a period of up to 3 years. What documents are needed for a delegated foreigner? The required documents include: an application for a work permit, a service agreement between a Polish and foreign entity, a certificate of employment of the foreigner by a foreign employer and documents confirming professional qualifications.

It is worth noting that a delegated foreigner must also have a valid temporary residence permit for work purposes, which is issued by the voivode on the basis of a type E work permit. The process of obtaining a temporary residence permit may take several months, so it is worth submitting an application well in advance.

Appeal procedure in the event of a negative decision

In a situation where you receive a negative decision regarding a work permit, it is possible appeal procedure. It allows you to appeal the decision and reconsider your application. It is worth knowing the steps that should be taken in the appeal procedure to increase your chances of obtaining a positive decision.

How to appeal a negative decision? First of all, you must file an appeal within 14 days of the date of delivery of the decision. The appeal should contain a justification and any new evidence that may affect the change of the decision. Then, the appeal is forwarded to a higher authority, which reconsiders the case.

It is important to indicate in the appeal any inaccuracies or errors that could have influenced the negative decision. Careful preparation of the appeal can significantly increase the chances of obtaining a work permit.

Work permit for a citizen of Ukraine

A citizen of Ukraine must also obtain a work permit in Poland, but the specifics of this process may differ slightly from the cases of people from other countries. What are the requirements for Ukrainian citizens? First of all, a Ukrainian citizen must have a valid passport and an employment contract with a Polish employer. In addition, additional documents may be required, such as a certificate of no criminal record or confirmation of professional qualifications.

It is worth noting that a Ukrainian citizen may use the so-called declaration of intent to entrust work to a foreigner, which entitles them to work legally in Poland for up to 6 months within 12 consecutive months. This is a faster and simpler alternative to a work permit, but it has its time limitations.

Documents confirming the right to work and permanent residence

To work and live legally in Poland, a foreigner must have the appropriate documents confirming the right to work and permanent residence. What documents are required? First of all, you must have a valid passport and a work permit issued by the competent authority. In addition, a foreigner must obtain a temporary or permanent residence permit for the purpose of work, which is issued by the voivode.

Where and how to obtain these documents? An application for a work permit should be submitted to the provincial office, while an application for a temporary or permanent residence permit should be submitted to the civil affairs department of the provincial office. It is worth remembering that the process of obtaining these documents may take several months, so it is worth submitting applications well in advance.

Summary

In this article, we have discussed the most important aspects related to work permits for foreigners in Poland. We have presented information on the employment of a foreigner, the process of applying for a work permit, fees, the role of the employer and the legal basis. We have also discussed the specifics of work permits for people from outside the EU, the appeal procedure in the event of a negative decision and a work permit for a Ukrainian citizen.

We have also emphasized the need to have documents confirming the right to work and permanent residence in Poland, such as a valid passport, work permit and temporary or permanent residence permit. We have indicated where and how to submit applications for these documents and what are the expected deadlines for obtaining them.

This article is a complete guide for those interested in the subject of a work permit in Poland, both for employers and foreigners seeking employment. Thanks to the information presented, the reader gains a full understanding of the presented topic and tips on further steps in the process of obtaining a work permit.