Q&A: Temporary residence and work permit
No, the employer is not a party to the proceedings for granting a temporary residence and work permit. Under the regulations, the only party to such proceedings is the foreigner.
A temporary residence and work permit is granted for the period necessary to achieve the purpose of stay for more than 3 months up to 3 years.
The fee for granting a temporary residence permit and work permit is:
- 440 PLN – in the case of an employee (for granting a permit pursuant to Art. 114 para. 1 of the Aliens Act);
- 340 PLN – in the case of a foreigner serving as a member of the management board or a proxy of a company (for granting a permit pursuant to Art. 126 para. 1 of the Aliens Act).
It must be paid in advance, at the moment of submitting the application. If you to not pay this fee, the voivode will summon you to pay it within 7 to 14 days. If you to not comply with the summons, the voivode may return the application by way of a ruling.
Pay the stamp duty to the bank account or at the cashier of the tax authority, which is the city president competent for the seat of the voivode to whom you are submitting the application.
The remuneration indicated by the employer in the annex to application for a temporary residence and work permit should be:
- not lower than the remuneration of employees performing, in the same working time, work of a comparable type or in a comparable position;
- on a monthly basis - not lower than the minimum wage.
The remuneration received must be at least 4,806 PLN gross per month, regardless of the working hours in which the foreigner performs or intends to perform work (i.e. regardless of whether the application concerns work for 1/4, 1/2 or full-time) and the basis on which it is performed (e.g. employment contract, specific task contract).
Ifwhether you perform workfor several employers, the requirement related to the salary level will be met ifwhether the sum of wages receivedin each month will exceed the amount minimum wage for work. This means that if you work for employer A at 1/4 of full-time and for employer B at 3/4 of full-time, and the remuneration from both sources indicated in the appendices to the application exceeds PLN 4,806 gross per month, you will meet the requirement for granting the permit.
Yes, each employer should complete Annex No. 1 to the application for a temporary residence and work permit.
If you perform work for several employers, the requirement related to the amount of remuneration will be
Yes, however it should be noted that the remuneration required to obtain a temporary residence and work permit received
The application for granting the permit will be processed within 60 days from the submission of the complete application together with the necessary attachments and required tocuments.
Applications for a temporary residence and work permit are processed in the following order:
- applications submitted for the purpose of performing work for entrepreneurs of significant importance to the national economy;
- applications submitted for the purpose of continuing work for the same employer, with unchanged remuneration and working hours;
- applications submitted for the purpose of performing work in deficit occupations (included in a special register);
- applications submitted in other matters.
No, holding legal title to the occupied premises is not a condition for obtaining a temporary residence and work permit. You also to not need to present tocuments confirming that you have a guaranteed place of residence in Poland.
No, for the purposes of granting this particular permit, the voivode will not examine whether the income from employment is sufficient to cover the family's living costs or the foreigner's liabilities, e.g. from loans taken out.
No, an application for a temporary residence and work permit can only be submitted via MOS after the employer has completed Annex No. 1. Annex No. 1 is completed in electronic form in MOS. The annex is signed via login.gov.pl by the person authorised to represent the employer with a trusted signature, personal signature or qualified electronic signature.
The conditions for entrusting work specified in Annex 1 must be current on the date of issuing the permit. They must also be consistent with the conditions resulting from other tocuments, such as an employment contract.
Annex 1 helps to determine whether you have a purpose of stay in Poland for more than 3 months, appropriate income from work and health insurance (in the case of an employment contract and a mandate contract).
Annex 1 to the application for a temporary residence and work permit must be signed with a qualified electronic signature, personal signature or trusted signature by the person acting on behalf of and for the employer if the employer is not a natural person. Annex 1 to the application for a temporary residence and work permit, when the employer is a legal entity or organisational unit without legal personality, should be submitted by the person acting on behalf of and for that employer. On behalf of a specific entity (e.g. a commercial company), a proxy holding a power of attorney granted on behalf of that entity by its competent representative body should act.
The tocument confirming the authorisation to represent the employer should be attached to the application for a work permit
Holding a valid temporary residence and work permit granted for a specific employer, you may additionally start work with another employer, if that employer obtains the relevant work permit for you.
Yes, you are required to notify the competent voivode in writing, within 15 days, that you have lost your job with any of the employers
No, you are obliged to notify the competent voivode in writing, within 15 days, of the loss of employment with any of the employers listed in the decision granting the temporary residence and work permit. If your decision toes not contain information about the employer, you to not need to inform the voivode of the loss of employment.
There is, however, a general obligation to notify the voivode who granted the temporary residence and work permit
A decision granting a temporary residence and work permit specifies, in principle, work-related requirements, such as:
Yes, if the employer is listed in the decision granting temporary residence and work permit. The temporary residence permit
Yes, if the conditions under which work may be performed are listed in the decision granting temporary residence and work permit