FAQ – individual client
(the text is for informational purposes only)
My visa or visa-free stay in Poland has expired. How can I extend my legal stay in Poland?
A foreigner who has run out of visa or stay under the visa waiver regime and intends to continue to reside in Poland should, as a rule, apply for a PERMIT TO STAY.
My temporary residence permit is about to expire, how can I “extend” it?
It is not possible to “extend” a temporary residence permit. You must apply for another TERM OF RESIDENCE or leave Poland before the expiry of your current permit.
I have a Pole’s Card, on what basis can I work and stay in Poland, when can I obtain Polish citizenship?
A holder of the Pole’s Card may come to Poland, i.a., on the condition of having a visa. During their legal stay in Poland they may apply for a permanent residence permit. After obtaining a permanent residence permit, the foreigner is obliged to return the Pole’s Card. The holders of the Card may take up employment in Poland without the need to obtain an additional permit. After a year of residence in Poland on the basis of a permanent residence permit, a foreigner may apply for recognition as a Polish citizen.
The expected deadline for issuing a decision in my case has passed, what can I do?
Due to a significant increase in the number of applications for residence permits, there are delays in the timely conduct of administrative proceedings, so you should wait for correspondence regarding your case sent via the Polish Post, or for other information about the extension or completion of the proceedings.
I have changed my address, what should I do?
You should inform the Office about any change of your address and correspondence address in writing, by submitting a letter via the registration office or by mail. If a foreigner has already been issued a Residence Card and the registered address has changed, you should apply for a new Residence Card in accordance with the information on the Residence Card website.
What is the deadline for submitting documents after receiving the call?
Documents should be submitted by the date and according to the rules specified in the letter of request.
The first day of the period is the day following the receipt of the letter (which means that if the letter was received e.g. on September 1st and the deadline for filing documents was set at 7 days, September 2nd is the first day and September 8th is the last day to file).
NOTE: According to the Code of Administrative Procedure, letters that are not collected by the addressee are also considered effectively delivered. If the letter is not collected, the letter carrier will leave a notification about its submission e.g. in the post office together with information that the letter may be collected within 7 days. If the letter is not collected within this period of time, a second notice shall be left stating that the letter may be collected not later than 14 days from the date of the first notice. After the 14 days have passed, the letter is considered delivered and is placed in the case file.
Therefore, it is important that the party to the proceedings informs the Office immediately about any changes in its correspondence address.
If I do not have a PESEL number, can I get a card?
Yes. The PESEL number is not required to print a residence card. If you have a PESEL number, you can request it to be placed on your card.
Does an address have to appear on the residence card?
The residence card may be issued without a registered address. When submitting the application and/or after receiving the decision, make a written statement that you are requesting the card not to include your registered address. If you want your registered address to be included in the residence card, you must provide a confirmation of your registration for permanent residence or temporary residence lasting over 2 months.
Can my spouse/attorney/employer pick up the residence card for me?
No, you must pick up the card in person. When collecting the residence card, your fingerprints saved on the card are verified.
FAQ – business client
(the text is for informational purposes only)
What is the “starost’s information”?
A labor market test is the starost’s information about the employer’s inability to meet its labour force needs based on the registers of unemployed people and job seekers or about the negative outcome of the recruitment process organized for the employer. In order to obtain it, the employer submits a job offer for the position at which a foreigner will be employed to the district labour office appropriate to the main place of work of the foreigner. The information from the starost is one of the documents required when applying for a work permit and temporary residence.
When to apply for a residence permit for your employee?
You must apply when you intend to hire a foreigner who is not exempt from having a work permit.
Working as a foreigner without a permit
In certain cases, a foreigner does not have to apply for a work permit. Employment is permitted here due to the person’s status or country of origin.
Can I work while my application for a temporary/permanent residence/residence permit is pending?
You can work provided that the foreigner is entitled to work immediately before submitting the application – i.e. holds a temporary residence and work permit or just a work permit, and after submitting the application will work under the conditions indicated in the permit held.
Can I get a duplicate of my work permit? How long does it take?
Yes. A party (i.e. the employer) may request a certified copy of the permit.
Can I work in Poland with a residence card obtained in another EU country?
A residence card issued by another Schengen member country entitles you to stay for tourism purposes in other Schengen member states (including Poland) for a period not exceeding 90 days within each 180-day period.
How long can a foreigner work on the basis of a statement on entrusting work?
No longer than 6 months within the next 12 months.
I want to hire an employee from Ukraine. What should I do?
Submit an application for a work permit for a foreigner on the territory of the Republic of Poland along with the appropriate attachments. If you want to employ a Ukrainian citizen for a short period of time, you can do it on the basis of a statement of employment, which is registered by district labor offices.
How long should I wait for a permit?
The waiting time depends primarily on the number of incoming applications for work permits and whether a complete set of required documents has been submitted. Work permits are issued as quickly as possible.
Foreigner’s personal file folder
Once a foreign worker has been hired and has undergone the appropriate OSH training, the employer must maintain the foreign worker’s personnel file. In addition to basic documents, such as the employment contract, there should also be personnel documents or a confirmation that the employee has undergone OSH training. Often the documents in the employee’s personal file are available in two languages: Polish and the language spoken by the employee. The employee’s file should also contain documents confirming the employee’s education and periods of employment with employers in their home country or in another country outside Poland, i.e. certificates of employment abroad. All these documents must be translated into Polish by a sworn translator.
Should the employment contract be translated?
An employer who hires a foreigner for whom a work permit is required must, before signing the contract, provide a translation of the contract into a language understood by the new employee. Interestingly, this does not have to be the employee’s native language, but any other language that the employee will understand. The employee must have the opportunity to learn all the details and rules of the job. The employee must have the opportunity to read all provisions of the employment contract. Failure to comply with this obligation and concluding the employment contract only in Polish may result in withdrawal of the work permit for the foreigner and problems for the employer in obtaining the permit for its employees in the future. It is worth noting, however, that the provisions requiring the translation of the employment contract into a language understood by the employee apply only if the employee needs a work permit. Otherwise, translation of the employment contract is not warranted by law. In particular, a work permit is not required for citizens of Schengen countries, holders of the Card of the Pole and persons with a permanent residence permit. However, on June 1, 2017, amendments to the Law on Employment Promotion and Labor Market Institutions came into force. They introduce an obligation to provide foreigners posted for work with a written translation of the employment contract in a language they understand, as well as an obligation for employment agencies to fulfill various information obligations in the language spoken by the employees. Failure to comply with this obligation is punishable by a fine of over PLN 4,000. In addition, the employment agency, which fails to provide a translation of the agreement to the foreigner sent to work, is threatened with deletion from the register kept by the marshal of the province.
Health and safety rules must be understood by the employee
When employing a foreigner, the employer has the same obligations towards him as towards the Polish employee. This also includes the need to train the foreign worker in occupational health and safety. An important rule that employers should remember is to conduct training in a language that the employees understand, e.g. Ukrainian or English. However, there are no official regulations as to what language the OSH training should be conducted in. However, the training must end with a knowledge test and a confirmation that the employee has read and understood the OSH rules, which means that the rules must be understood by the employee. By conducting OSH training in a foreign language for a foreigner, the employer does not meet the condition that the employee has sufficient knowledge of OSH regulations and principles, and thus violates the law. The employer may even be held criminally liable if, for example, an accident occurs at work that is caused by an employee’s lack of proper training and understanding of OSH regulations.
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