Temporary residence and work permit

Regulations

The temporary residence and work permit is regulated in the Regulations of Chapter 2. Section V. of the Act of 12 December 2013 on Foreigners (i.e., Journal of Laws of 2023, item 519).

The substantive legal requirements for its granting are set out in Article 114(1), and in the case of a foreigner whose work consists in performing functions in the management board of a joint-stock company or a limited liability company, whose shares or shares they do not hold or acting as a proxy, additionally in Article 142(1)(3) (appeal from Article 126) of the said Act.

Regulations on the granting of a temporary residence and work permit granted both pursued to Article 114(1) and under Procedure 126(1) of the Act on Foreigners shall apply in conjunction with the regulations on the granting of all types of temporary residence permits adopted in Chapter 1 of Section 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 implementing acts regulating the relevant issues concerning 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 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 April 21, 2015. on cases where 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, as amended);

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