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TEMPORARY RESIDENCE AND WORK PERMIT

Who the application concerns

In accordance with the Act of 12 December 2013 on foreigners (Dz. U. 2020 r., item 35) you may apply for a temporary residence and work permit if there are circumstances justifying your residence on the territory of the Republic of Poland for a period longer than 3 months (with the exception of a temporary residence permit granted due to circumstances requiring a short stay) and the purpose of your stay on the territory of the Republic of Poland is to perform work;

  • if you intend to take up or continue work involving performing a function in the management board of a joint-stock company or a limited liability company whose shares you do not hold, and the entity you manage or will manage meets the relevant requirements;

Attention exception!

you may not apply for this permit if:

  • do business in Poland,
  • you are posted to work in Poland by an employer based outside Poland
  • doing seasonal work

Conditions for authorisation:

In accordance with Article 114 (1) of the Aliens Act, you will receive a temporary residence and work permit if the purpose of your stay in the territory of the Republic of Poland is to perform work and you meet the following conditions:

  1. you have:
  2. health insurance within the meaning of the provisions of the act of 27 August 2004 on health care services financed from public funds or confirmation of the insurer's coverage of treatment costs in the territory of the Republic of Poland,
  3. a source of stable and regular income,
  4. it is not possible for the entrant to meet the staffing needs of the local labour market;
  5. your remuneration, which is indicated by the entrusting body in the annex to the application for authorisation referred to in Article 106 (1a), shall not be less than that of workers engaged in the same period of work in a comparable type of work or in a comparable position;
  6. your monthly salary referred to in point 4 shall not be less than the minimum wage for work..

 

In accordance with Article 114. paragraph 3 of the requirement to submit information to the mayor shall not apply where::

  1. the profession which the foreigner performs in the framework of the assigned work, or the type of work which is assigned to him, is included in the list referred to in Article 10 (4) (1) of the act of 20 April 2004 on Employment Promotion and labour market institutions, or
  2. the foreigner immediately before submitting the application had a work permit or a temporary residence permit and work with the same employer in the same position,
  3. the foreign national has completed a university established in the territory of the Republic of Poland or another state of the European Economic Area or the Swiss Confederation or is a doctoral candidate in the Republic of Poland during the three years preceding the application; or
  4. the foreign national has resided legally and continuously in the territory of the Republic of Poland during the three years preceding the submission of the application, or
  5. the foreigner fulfils the conditions specified in the regulations issued pursuant to Article 90 (5) of the act of 20 April 2004 on Employment Promotion and labour market institutions, or
  6. the foreigner fulfils the conditions of exemption from the obligation to have a work permit, defined by separate regulations.

Required documents:

  1. Temporary residence permit application form completed as instructed;
  2. Four current photos that meet the following requirements:
  • undamaged, colorful, with good sharpness;
  • dimensions 35 mm x 45 mm;
  • made not earlier than within 6 m-cy before the date of submission of the application;
  • depicting the image of a foreigner's face from the top of the head to the upper part of the shoulders, so that the face occupies 70-80% of the photo, on a uniform bright background, in a frontal position, looking straight ahead with open eyes, unshaven hair, with a natural facial expression and closed mouth, and also reproduce the natural color of your skin;
  • showing clearly the eyes of the alien, especially the pupils, the line of eyes of the alien is parallel to the upper edge of the photograph;

Note: if you wear a headgear in accordance with the principles of your religion, you can attach a photo of you in a headgear to the application, provided that the image of your face is fully visible. In this case, the application is accompanied by a statement of membership in the religious community.

  1. Copy of valid travel document – all saved pages (original for viewing);
  2. Annex No 1 to the application for a temporary residence permit, completed in accordance with the instruction by the person entrusting the performance of the work;
  3. Documents confirming the possession of a stable and regular source of income. A foreigner's monthly salary may not be lower than the minimum wage for work (Article 114 (1) (5) of the Aliens Act), regardless of the length of time worked and the type of legal relationship underlying the work performed by the foreigner, and therefore also in the case where the foreigner will perform part-time work;
  4. Confirmation of health insurance or confirmation of the insurer's coverage of treatment costs in the territory of the Republic of Poland, e.g. the relevant certificate from the ZUS or insurance policy;
  5. Information of the mayor competent for the main place of employment of the foreigner about the inability to meet the employer's human resources needs based on the registers of unemployed and job seekers or about the negative result of recruitment organized for the employer, issued not earlier than 180 days and in the case justified by the mayor 90 days before the, the information is issued by the mayor competent because of the seat or place of residence of the entity entrusting the performance of work to a foreigner);
  6. Documents confirming compliance with any requirements specified in the information Starosta.
  7. Confirmation of payment of stamp duty

 

Note: Starosta information is not required if:

  1. The profession which the foreigner performs in the framework of the assigned work, or the type of work which is assigned to him, is included in the list referred to in Article 10 (4) (1) of the act of 20 April 2004 on Employment Promotion and labour market institutions, or
  2. The foreigner had a work permit or a residence and work permit with the same employer in the same position immediately before submitting the application, or
  3. The foreigner fulfils the conditions specified in the regulations issued pursuant to Article 90 (5) of the act of 20 April 2004 on Employment Promotion and labour market institutions, or
  4. The foreigner meets the conditions of exemption from the obligation to have a work permit specified by separate regulations,
  5. The work consists in the performance by the foreigner of a function in the management board of a legal entity subject to entry in the register of entrepreneurs, whose shares or shares the foreigner does not own.
  • If the conditions set out in point. C-documents confirming their compliance (applicable m.in. if the foreigner in the period immediately preceding the filing performed for a period of not less than 3 months work for the same entity and in the same position on the basis of a contract concluded in written form on the basis of the statement, i.e. a statement of intent to entrust the performance of work, registered with the district employment office competent for the place of residence or place of residence of the declarant + contract + documents confirming the payment of social insurance contributions, if required in connection with the performance of work-for example, in the form of a certificate from the ZUS. )
  • If the conditions set out in point. D - i.e. exemptions from the obligation to have a work permit-documents confirming their fulfillment (i.e. a Polish card, a diploma of completion of a Polish university, a certificate of completion of a Polish secondary school).
  • current work permit
  • current employment contract or civil contract, e.g. contract assignment (if the party already performs the work),
  • contract with the entrusting body covering the period of employment indicated in the application
  • a certificate from the employer of employment and net income for the last three months or accounts for the last three months in the case of a contract.
  • a certificate of employment from the last employer (if the foreigner has previously worked for another employer)
  • documents confirming the fulfilment of the qualification requirements and other conditions in the case of the intention to entrust the performance of work in a regulated profession
  • documents confirming the possession of health insurance or the insurer's coverage of medical expenses in the territory of the Republic of Poland;
  • Documents confirming the possession of a stable and regular source of income. A foreigner's monthly salary may not be lower than the minimum wage for work (Article 114 (1) (5) of the Aliens Act), regardless of the length of working time and the type of legal relationship that forms the basis for the foreigner's performance of work, e.g. annual PIT, certificate
  • from US, certificate from ZUS,

a certificate from the competent tax office on the fulfillment of tax obligations to the Republic of Poland, or-in the case of persons who did not work in Poland-a statement in this regard filed under the rigor of criminal liability and notarized or signed in the presence of an employee of the OUW or local government administration, who will confirm the handwritten signature.

 

Method of application:

You submit your application in person to the Voivode competent for the place of your current residence.

When submitting an application, you are required to submit fingerprints

If you do not submit your application in person or send it by mail-upon delivery of the application to the governor, you will be summoned to appear in person within no less than 7 days from the delivery of the summons under the rigor of leaving the application without examination.

  • if you apply for a temporary residence permit you are obliged to submit your application in person, no later than on the last day of your legal stay in the territory of the Republic of Poland to the Voivode competent for the place of your current stay
  • If you have completed 6. year of age when applying, you are required to submit fingerprints.
  • If you have submitted an application within the deadline and it does not contain any formal deficiencies or you have completed the deficiencies within the deadline, the governor shall put a stamp in your travel document confirming the submission of the application. Your stay in the territory of the Republic of Poland is considered legal from the date of submission of the application without any formalities until the day when the decision on granting a temporary residence permit becomes final.

Look out! Putting a stamp in the passport does not entitle you to travel on the territory of other Schengen countries, while a foreigner can go to his country of origin, but to return to Poland he must obtain a visa if he comes from a visa-free country.

Please send all correspondence to:
Opolski Urząd Wojewódzki (Opole Voivodship Office)
Wydział Spraw Obywatelskich i Cudzoziemców (Department of civil and Foreign Affairs)
ul. Piastowska 14, 45-082 Opole

Submission of applications and delivery of documents in matters of legalization of residence of foreigners and work permits will be carried out by mail or courier. In addition, for work permits, applications can be submitted through the portal www.praca.gov.pl 

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