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

Introduction

A temporary residence permit for the purpose of performing work in a profession requiring high qualifications is a type of temporary residence permit dedicated to specialists (senior employees and experts) performing work in Poland requiring high qualifications or specialized skills. The most common beneficiaries of this permit are employees of the IT sector, although the permit itself is not limited to specific industries or sectors of the economy.

Like a temporary residence and work permit, this permit is a so-called "uniform permit", as it combines elements of a residence permit (i.e., a permit that entitles you to stay on the territory of Polish) and a work permit (i.e., a permit entitling you to work in Poland, in accordance with its conditions).

This permit is commonly known as the Blue Card or Blue Card permit – which results from the fact that the Regulations governing this permit are an implementation into Polish law of the Regulations of Directive 2009/50/EC creating the Blue Card system in the EU. Under this scheme, Blue Card holders are entitled to certain privileges, including in the area of intra-EU mobility or the rules for acquiring long-term EU resident status, which distinguishes this permit m.in from a temporary residence and work permit.

This permit is granted in the form of an administrative decision to third-country nationals (i.e., persons who do not hold the nationality of one of the EU countries, Norway, Iceland, Liechtenstein, or Switzerland) and to stateless persons wishing to take up or continue to work on the territory of the Republic of Poland work in a highly qualified profession. To perform such work, it is necessary to complete higher education or have at least 5 years of professional experience at a comparable level. The condition for granting the permit is that the performance of work in Poland justifies their stay for a period longer than 3 months.

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The following have been excluded from the possibility of obtaining this permit:

• foreigners holding a temporary residence permit: for the purpose of conducting scientific research or for the purpose of long-term mobility of a researcher and those who apply for one of these permits;

• foreigners holding a temporary residence permit referred to in Article 186(1)(3)(a) of the Act on Foreigners;

• employees posted by a foreign employer with its registered office outside the territory of the Republic of Poland – if you belong to this category of employees, check the possibilities of obtaining a temporary residence permit to perform work by a foreigner delegated by a foreign employer to the territory of the Republic of Poland;

• seasonal workers, i.e., foreigners performing work recognized by law as seasonal (e.g., in agriculture or tourism) - if you belong to this category of employees, check the possibilities of obtaining a temporary residence permit due to seasonal work;

• foreigners residing on the territory of the Republic of Poland on the basis of the obligations laid down in international agreements concerning the facilitation of the entry and temporary stay of certain categories of natural persons engaged in trade or investment;

• foreigners staying on the territory of Polish on the basis of a visa (national or Schengen) issued by the consul of the Republic of Poland for tourist purposes or visiting family or friends;

• foreigners staying on the territory of the Republic of Poland on the basis of a visa for the purpose of tourism or to visit family or friends, on the basis of a visa issued by another Schengen State;

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This permit is granted by the voivode, competent for the place of stay of the foreigner, and in the case of appeal proceedings – by the Head of the Office for Foreigners, for a period of 3 months longer than the period of work, but not longer than for a period of 3 years. The minimum period for which this permit may be granted is therefore 6 months.

This permit is not automatically renewed – a foreigner interested in continuing their stay in Poland before its expiry should apply for a temporary residence permit, e.g., another temporary residence permit in a profession requiring high qualifications, or an indefinite permit (i.e., a permanent residence permit or a long-term EU resident permit), provided that it meets the conditions for granting it.

This permit may contain requirements for performing work on the territory of the Republic of Poland, including the entity entrusting the performance of paid activity and specifying the m.in position and the level of remuneration received. Performing work contrary to these requirements, if they were specified in the content of the decision and were not subsequently changed, if such a change was required, is inconsistent with the regulations and may result in the issue of a return decision or misdemeanour liability for the foreigner.

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Attention - important information for the Ukrainian citizens and other displaced persons from Ukraine having the status "UKR"!

• Citizens of Ukraine, their spouses and other foreigners who enjoy temporary protection in Poland may apply for a temporary residence and work permit as of 1 April 2023, under the rules set out in the Special Act, as long as they stay in Poland legally and have a Civil Registration Number (PESEL) with the annotation "UKR".

• Read an explanation of the amendments to the Special Act and answers to frequently asked questions. Click on the link to access these documents.

• Watch our video explaining how to correctly complete the application for a temporary residence and work permit - click on the link to go to the instructional video.

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Attention - important information for other displaced persons from Ukraine!

• This permit may not be granted to other third-country nationals and stateless persons who arrived in Poland from Ukraine after 24 February 2022 due to the war activities conducted on the territory of that country and were granted temporary protection in Poland, in accordance with the Council Implementing Decision (EU) 2022/382 of 4 March 2022 establishing the existence of a mass influx of displaced persons from Ukraine within the meaning of Article 5 of Directive 2001/55/EC, and having the effect of introducing temporary protection.

• The permit may also not be granted to those displaced persons from Ukraine who have applied for and are pending or have been granted international protection in Poland.

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Remember!

• The restrictions on the possibility to apply for a temporary residence and work permit apply only to those Ukrainian citizens whose stay is regulated by Article 2, Section 1 of the Special Act (i.e., those who enjoy temporary protection in Poland). All other Ukrainian citizens who reside in Poland under general rules, e.g., based on a valid residence card (also in the case of its prolongation under the Special Act), can, as a rule, apply for it.

• If you are a citizen of Ukraine and apply for a temporary residence and work permit, but:

  • you do not meet the requirements for granting such permit due to your declared purpose of stay (e.g., you do not receive remuneration in an appropriate amount), or

  • your intention to take up or continue employment does not justify your staying in Poland for longer than 3 months, or

  • there are circumstances justifying the refusal to grant this permit, but other than those specified in Article 100, Section 1, Items 2-5 (e.g., you are staying in Poland illegally)

  - then, as an exception, you will be granted a special temporary residence permit for a period of 1 year. This permit is regulated by the provisions of the Special Act (Article 42a, Section 1). The possibility of its granting is not limited to Ukrainian citizens with "UKR" status. It is, however, time-limited – a final decision on the case must be issued by 4 March 2024

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