Temporary residence and work permit

Modification of the temporary residence and work permit

A foreigner staying in Poland under a temporary residence and work permit is obliged to notify in writing, within 15 working days, the voivode who has granted such permit, of the loss of employment in any of the entities (employers) listed in the permit. If the temporary residence and work permit was granted by the Head of the Office for Foreigners in the second instance, this notification shall be addressed to the voivode who ruled on the granting of this permit in the first instance.

If the above-mentioned obligation is fulfilled, the temporary residence and work permit will not be revoked within a period of 30 days counted from the date of loss of employment. Such a situation may occur no more than once during the validity of the permit.

This obligation is also deemed to have been fulfilled if the foreigner has, within 15 working days, submitted an application to amend the temporary residence and work permit under the procedure provided for.

A foreigner should also apply for a modification of the permit under the aforementioned procedure if one of the following circumstances occurs:

• he/she intends to perform work under the conditions of the work permit exemption (i.e., without specifying the employer and the conditions of the work, such as position or working hours),

• the position specified in the permit has changed,

• the amount of remuneration specified in the permit has been reduced,

• the working hours have changed,

• the type of employment contract under which the work is to be performed has changed.

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Remember!

Not every change requires a modification of the permit - in the event of:

• a change in the registered office or place of residence, name or legal form of the entity entrusting the work,

• the takeover of the employer or part of it by another employer, or the transfer of the plant or part of it to another employer,

• the replacement of a civil law contract by an employment contract,

• a change of the name of the position, while maintaining the scope of duties,

• an increase in working time with a commensurate increase in salary,

– the temporary residence and work permit does not need to be modified.

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