Performing work during the procedure for applying for a residence permit

Detailed explanation

When applying for a residence permit, staying only on the so-called "stamp", a foreigner may perform work in Poland, in cases where:

• has a valid work permit (information about work permits can be found here), and immediately before submitting the application they were entitled to work in Poland

• is exempt from the obligation to have a work permit (exemption from the obligation to have a work permit, however, must be valid during the ongoing administrative proceedings)

• immediately before submitting the application, they were exempt from the obligation to have a work permit due to having, among others:

• temporary residence permit for the purpose of education at university,

• temporary residence permit for the purpose of conducting scientific research,

• temporary residence permits for the long-term mobility of the researcher,

• temporary residence permit for a family member of a citizen of the Republic of Poland,

• temporary residence permit for the purpose of family reunification,

• temporary residence permits for victims of trafficking in human beings,

• temporary residence permit for the holder of a long-term EU resident's residence permit or a member of their family,

• temporary residence permit for a foreigner who stayed on the territory of Poland on the basis of a temporary residence permit for the purpose of conducting scientific research, has completed scientific research or development works and is looking for work on the territory of Poland or plans to start conducting business activity in this territory,

• submitted an application for a temporary residence and work permit, a temporary residence permit for the purpose of performing work in a profession requiring high qualifications or a temporary residence permit for the purpose of conducting business activity, in order to continue work performed in accordance with their previously held temporary residence permit or work permit.

In the situation of a foreigner performing work in Poland on the basis of a declaration of employment of a foreign national, the possibility of continuing legal work during the procedure for granting residence permits exists only in the case of applying fora temporary and working residence permit due to the continuation of work for the same employer who previously employed the foreigner for a period of not less than 3 months in connection with the declaration, in the same position on the basis of an employment contract.