Temporary residence and work permit

Requirements

In order for a foreigner to be able to obtain a temporary residence and work permit, they must meet the following requirements jointly:

• They are person entitled to apply for a temporary residence and work permit – they are therefore third-country nationals or stateless persons, and at the time of submitting the application in this case, they are legally residing in Poland on the basis of a short-term residence permit (excluding residence e.g., in humanitarian purposes, visiting family or friends in connection with posting);

• both the declared and actual purpose of their stay on the territory of the Republic of Poland is to take up or continue work on the territory of the Republic of Poland (Article 114 par. 1), which is not seasonal work and does not constitute posting by a foreign employer, or to perform a function on the management board of a joint-stock company or a limited liability company, the shares or stocks of which they do not own, or to act as a proxy.

• performing such work must constitute the basis for applying for a temporary residence and work permit, and at the same time must justify their stay on the territory of Poland for a period longer than 3 months;

• complies with the formal requirements related to the permit, including: submitting the application in person, on a form, together with the necessary attachments, and presenting 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), giving fingerprints (except where fingerprint collection is not physically possible) and paying a stamp duty;

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

• the entity entrusting the performance of paid activity is not able to meet staffing needs of the local labour market - this requirement does not apply in cases strictly defined by law, e.g., if: immediately before submitting the application, the foreigner had a work permit or a permit for temporary residence and work for the same employer at the same position or if, in the period of 3 years preceding the submission of the application, they stayed legally and continuously on the territory of the Republic of Poland, or if they are graduates of a Polish upper secondary school (including a post-secondary school) or full-time university studies at a Polish university;

• the remuneration that they will receive, and indicated by the entity entrusting the performance of paid activity in the appendix to the application for a temporary residence permit, is not lower than the remuneration of employees working in the same period of work of a comparable type or at a comparable position;

• in the case of regulated professions - meets the specific legal requirements for performing work in a given profession.

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Remember!

• The received remuneration must be at least PLN 4242 gross per month, regardless of the extent to which the foreigner performs or intends to perform work (i.e. regardless of whether the application concerns work for 1/4, 1/2 full-time or full-time employment) and what is the basis its performance (e.g. employment contract, contract for specific work).

• If the foreigner performs work for several entities, then the requirement related to the amount of remuneration will be deemed met if the sum of the remuneration received in each month exceeds the amount of the minimum remuneration for work (i.e. if the foreigner performs work for employer A in the amount of 1 / 4 full-time jobs and employer B, 3/4 full-time, and the remuneration from both sources indicated in the appendices to the application exceeds PLN 4242 gross per month, the foreigner will meet the requirement to grant the permit. covering the costs of maintaining the family or covering the foreigner's liabilities, e.g. due to loans taken).

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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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