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

Requirements

For a foreigner to be able to obtain a temporary residence permit to perform work in a profession requiring high qualifications, it is necessary for them to meet the following requirements in a combined manner:

• they are people entitled to apply for a temporary residence permit to perform work in a profession requiring high qualifications – they are therefore third-country nationals or a stateless persons, and at the time of the application in this matter they are legally staying on the territory of the Republic of Poland on the basis of a short-term residence title (excluding stay m.in. for humanitarian purposes, visiting family or friends, perform seasonal work or in connection with secondment);

• both the declared and the actual purpose of their stay on the territory of the Republic of Poland is to undertake or continue to perform work in this territory, which is not seasonal work and does not constitute a posting by a foreign employer, and is performed in a profession requiring high qualifications;

• performing such work must be the basis for applying for a temporary residence permit to perform work in a profession requiring high qualifications, and at the same time must justify their stay on the territory of the Republic of Poland for a period longer than 3 months;

• has a higher professional qualification, attested by a diploma, certificate or other document certifying the completion of higher education or at least 5 years of professional experience at a level comparable to that obtained as a result of higher education;

• has concluded, for a period of at least 1 year, an employment contract, a home employment contract, a civil law contract under which they perform work, provides services or remains in a business relationship, and the gross annual remuneration resulting from the monthly or annual remuneration, indicated in this contract, may not be lower than the equivalent of 150% of the average salary in the national economy in the year preceding the conclusion of the contract;

• complete the formal requirements related to the permit, including: submit the application in person, on the form, together with the necessary attachments, as well as present a valid travel document (or in justified cases, if the foreigner does not have a travel document and it is not possible to obtain it – another document confirming their identity), give fingerprints (except when it is not physically possible to take fingerprints) and pay stamp duty;

• has health insurance within the meaning of the Act of 27 August 2004 on health care services financed from public funds or confirmation of the insurer's coverage of the costs of treatment on the territory of the Republic of Poland;

• the entity entrusting the performance of paid activity is not able to meet the staffing needs on the local labour market – this requirement does not apply in cases strictly defined by law m.in if:

  - the foreigner immediately before submitting the application had a work permit or a temporary residence and work permit or a temporary residence permit to perform work in a profession requiring high qualifications with the same employer in the same position

  - if they were already legally employed on the territory of the Republic of Poland for a period of 2 years on the basis of a temporary residence permit to perform work in a profession requiring high qualifications

  - in the period of 3 years preceding the submission of the application, they were legally and continuously resident on the territory of the Republic of Poland,

  - if they are graduates of a Polish upper secondary school (including a post-secondary school) or full-time higher education at a Polish university;

• in the case of regulated professions – meets the specific requirements set out by law to perform work in a given profession.

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

If you are the Ukrainian citizen or other displaced person from Ukraine and:

• you are enjoying temporary protection in Poland under the terms and conditions of the Special Act, and

• you have a Civil Registration Number (PESEL) with the annotation "UKR" (both conditions must be met)

- then you do not need to:

• submit the application in person (i.e., the requirement to appear in person at the voivodship office does not apply to you),

• present a valid travel document when submitting your application,

• give fingerprints.

In such an event, it is sufficient to submit the application via the Cases Handling Module (MOS) and then – to send its signed printout together with the necessary attachments and documents by post or deliver them personally to the voivode's office. If the voivode will deem it justified, you may, during the proceedings, be asked to present a valid travel document or a copy thereof or to show another document proving your identity.

The application rules for other Ukrainian citizens remain unchanged.

For more information see the communication from the Head of the Office for Foreigners (UdSC) available here.

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