Information from the starost about the inability to meet the employer's staffing needs based on the registers of the unemployed and job seekers or about the negative result of recruitment organized for the employer

This document is issued at the request of the entity entrusting the performance of paid activity by the Poviat Labour Office competent for the main place of work, or competent for the seat or place of residence of the entity entrusting performance of paid activity, if the specificity of work performed by the foreigner does not allow to indicate the main place of work or competent for the seat or place of residence of the user employer, if the specificity of temporary work performed by a foreigner does not allow for the indication of the main place of its performance.

This document is issued after the so-called "labour market test", aimed at securing the priority of admissions to work for Polish citizens and selected categories of foreigners.

This document is not required in all cases - make sure you are obligated to present it.

A foreigner is not required to provide information to the starost if:

• the profession performed or the work entrusted to them are included in the list of professions and types of work specified by the voivode, in relation to which the issue of a work permit does not require considering the starost’s information, or

• the profession performed is included in the list constituting an appendix to the Regulation of the Minister of Labour and Social Policy on the determination of cases in which a work permit for a foreigner is issued regardless of the detailed conditions for issuing work permits for foreigners, covering the following professions:

• computer system administrators

• computer systems analysts

• computer systems analysts and programmers not elsewhere classified

• assistant to a disabled person

• concrete mixers, reinforcing and related

• carpenters and carpenters

• roofers

• construction electricians and related

• concrete technology engineer

• glass technology engineer

• Industrial and Manufacturing Engineers

• electrical engineers

• bus driver

• truck drivers

• specialist doctors (with a second-degree specialization or the title of specialist)

• construction and related painters

• drivers and operators of lifting and transport machinery and equipment and related equipment

• insulation fitters

• bricklayers and related

• operators of earthmoving equipment and related equipment

• caregiver of an elderly person

• caregiver in a nursing home

• nurses without specialization or in the process of specialization

• nurses with the title of specialist

• floorers, parquet floorers and tilers

• application developers

• designers of network and multimedia applications

• database designers and administrators

• road construction workers

• locksmiths and related

• welders and related

• database and computer network specialists not elsewhere classified

• specialists in the development of information systems

• computer network specialists

• construction technicians

• electronics and related technicians

• electrical technicians

• plasterers and related, or

• intends to perform work as:

• domestic help or nursing and care work for natural persons in the household, or

• a sports trainer or athlete working for sports clubs and other entities whose statutory activity includes promoting physical culture and sport, or

• a doctor / dentist, undergoing training or implementing a specialization program, on the basis of the provisions on the specialization of doctors and dentists, or

documents that:

• is a graduate of full-time university studies at a Polish university (by presenting a graduation diploma), or

• is a graduate of a secondary school completed in Poland (by presenting a school leaving certificate), or

• is a graduate of a university in the EU, Norway, Iceland, Liechtenstein, or Switzerland, completed in the 3 years immediately preceding the submission of the application (by presenting a diploma), or

• has a valid Pole's Card, or

• in the period of 3 years immediately preceding the submission of the application, they resided legally and continuously on the territory of Poland, or

• continues employment and immediately before submitting the application, they had a work permit or a permit for temporary residence and work for the same employer at the same position,

• is a citizen of the Republic of Armenia, the Republic of Belarus, the Republic of Georgia, the Republic of Moldova, the Russian Federation or Ukraine, who performs work on the basis of a declaration of entrusting paid activity for the same employer, at the same position, for a period of at least 3 months immediately before submitting an application for temporary residence and work, on the basis of an employment contract and under the conditions specified in this declaration,

• the work performed by a foreigner consists in acting as a proxy, performing a function on the management board of a joint-stock company or a limited liability company, the shares, or stocks of which the foreigner does not have.

Remember!

• If in doubt about the need for presenting this document, contact the appropriate organizational unit of the voivodeship office dealing with the issue of work permits for foreigners or contact the office supporting the minister competent for labour (currently the Ministry of Labour and Social Policy) with a request for interpretation of the provisions.