Temporary residence permits due to seasonal work

Introduction

A temporary residence permit due to seasonal work is a type of temporary residence permit (i.e., a permit entitling to stay in Poland for a certain period) granted for purposes related to the performance of work qualified as seasonal work in Poland.

Seasonal work is work performed for a period not longer than 9 months in a calendar year, in sectors such as: agriculture, horticulture, tourism, as part of activities recognized as seasonal, and specified in the Annex to the Regulation of the Minister of Family, Labour and Social Policy of 8 December 2017 on subclasses of activities according to the Polish Classification of Activities (PKD), in which they are issued seasonal work permit for a foreigner (Journal of Laws of 2019, item 1845). The basis for the performance of such work must be a contract with an entity whose registered office or place of residence or branch / establishment / other form of organized activity is on the territory of the Republic of Poland.

For more information about seasonal work, see Getting work done.

A temporary residence permit for seasonal work is granted in the form of an administrative decision to third-country nationals (i.e., persons who do not have their nationality from EU countries, Norway, Iceland, Liechtenstein or Switzerland) and to stateless persons who entered the Republic of Poland on the basis of a visa issued for the purpose of seasonal work or under the visa-free regime, in connection with the application for a seasonal work permit entered in the register of applications referred to in Article 88p(1)(1) of the Act of 20 April 2004, on promotion of employment and on labour market institutions. This permit is granted if they intend to continue their stay to perform seasonal work (for the benefit of the entity previously entrusting paid activity or with another entity entrusting the performance of paid activity), and this circumstance justifies their further stay in Poland.

However, it is not required, as in the case of most temporary residence permits, that this circumstance justifies a stay of more than 3 months. It is necessary, however, that the seasonal work permit held by the foreigner, or its extension remains valid for a period exceeding the period of stay specified in the visa or the period of stay under the visa-free regime.

This permit is granted by the voivode, competent for the place of residence of the foreigner, and in the case of appeal proceedings – by the Head of the Office for Foreigners, for the period of the seasonal work permit held by the foreigner or extension of the seasonal work permit, but not longer than 9 months from the date of first entry to Poland, for the purpose of seasonal work, following in a given calendar year.

This permit does not contain conditions for performing seasonal work and regulates only the issue of the foreigner's stay in Poland. The basis for seasonal work results from the seasonal work permit or its extension, issued by the competent starost.

Remember!

• Seasonal work may not be performed under a temporary residence and work permit, which is a general permit granted for the purpose of performing work in Poland. If such permit is applied for in the case of seasonal work, the permit procedure shall not be initiated.

• A seasonal work permit is issued by the starost competent for the registered office or place of residence of the entity entrusting paid activity to a foreigner.

• If you have any doubts about whether a given type of work constitutes seasonal work and therefore requires a seasonal work permit, please contact the nearest Poviat Labour Office or the Ministry of Development, Labour and Technology.