Temporary residence and work permit

Introduction

A temporary residence and work permit is a type of temporary residence permit granted for purposes related to the performance of work in Poland. It is customarily called a "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 terms).

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. This permit is also granted to the above-mentioned categories of foreigners intending to take up or continue work consisting 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, and the entity they manage or will manage or represent meets the relevant requirements. The condition for granting the permit is that the performance of work in Poland justifies their stay for a period longer than 3 months.

Due to its general nature, foreigners with different levels of qualifications and skills can apply for this permit – both low and middle level staff, as well as highly qualified employees. In the case of specialists, however, before submitting the application, it is recommended to check in advance whether they do not meet the requirements for granting a temporary residence permit to work in a profession requiring high qualifications (the so-called Blue Card permit), which is a permit dedicated to them.

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

• 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.

• Foreigners transferred within the enterprise,

• 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 conducting business activity on 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 conduct business activity, and then, if you intend to additionally perform work for another entity, apply for a work permit, if it is required for you.

• Foreigners staying on the territory of the Republic of Poland on the basis of obligations laid down in international agreements concerning the facilitation of 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 tourism purposes or to visit family or friends issued by another State of the Schengen area.

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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 the period necessary to achieve the purpose of stay – for a minimum period of more than 3 months, but not longer than for a period of 3 years.

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 and work permit, or an indefinite permit (i.e., a permanent residence permit or a long-term EU resident permit), provided that it meets the requirements necessary to grant 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 (possibly also – the user's employer) and specifying the m.in position and the lowest level of remuneration received. Performing work contrary to these requirements, if they are specified in the content of the decision and have not been subsequently amended, is not in accordance with the regulations and may result in a return decision or misdemeanour liability.

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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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