Temporary residence permit for the purpose of performing work in a profession requiring high qualifications (Blue Card)

Regulations

A temporary residence permit for the purpose of performing work in a profession requiring high qualifications is regulated in the Regulations of Chapter 3. Section V. of the Act of 12 December 2013 on Foreigners (i.e., Journal of Laws of 2023, item 519).

The substantive requirements for its granting are set out in Article 127 of the said Act.

The Regulations concerning the granting of this permit shall apply in conjunction with the Regulations on the granting of all types of temporary residence permits adopted in Chapter 1 of Chapter V: General Part.

The specific rules for the granting of temporary residence and work permit to Ukrainian refugees in force from 1 April 2023 result from the wording of Article 42, Sections 13-19 of the Act of 12 March 2022 on assistance to citizens of Ukraine in connection with armed conflict on the territory of that country.

The Act also contains a reference to executive acts regulating important issues related to the granting of this permit, in particular to:

• Regulation of the Minister of the Interior and Administration of April 17, 2019 on the application for granting a temporary residence permit to a foreigner (Journal of Laws of 2019, item 779);

• Regulation of the Council of Ministers of 11 July 2018 on the verified income criteria and amounts of cash benefits from social aid (Journal of Laws of 2018, item 1358);

• Regulation of the Minister of Internal Affairs of 26 July 2022 on fees collected in the Republic of Poland from foreigners for issuing and exchanging documents that may be issued to foreigners and the procedure for their payment (Journal of Laws of 2022, item 1583);

• Regulation of the Minister of Labour and Social Policy of 29 January 2009 on determining the cases in which a work permit is issued regardless of the detailed conditions for issuing work permits for foreigners (Journal of Laws of 2019, item 154);

• Regulation of the Minister of Labour and Social Policy of 21 April 2015 on cases in which entrusting paid activity to a foreigner on the territory of the Republic of Poland is permissible without the need to obtain a work permit (Journal of Laws of 2018, item 2273, późn.zm.).