Legal issues

Are you planning to enter Poland? Make sure your stay is legal!

Why? If you stay in Poland illegally, you may face financial penalties and deportation. You will also be banned from entering the Schengen area. Don’t take the risk, learn more about living and working legally in the Republic of Poland.

There are several documents that will allow you to stay legally, depending on how they are obtained and how long they are valid.

Obtaining them, unfortunately, requires going through a rather long and not always straightforward administrative path. Waiting on it are applications, attachments and fields to fill in, in which it is not always easy to put an answer

How to get a basis for legal stay in Poland?

Your decision to come to work in Poland should be well thought out, you must have checked and compared means of transportation, familiarized yourself with the local labor market, and we are sure that you have not forgotten to familiarize yourself with the formal procedures for entering and working in the country of Poland.

You can apply for legal residence by applying for one of the following types of residence permit. The legality of your stay in Poland should be in your own interests. However, employers often try to help you obtain such a document.

It is important to remember to collect all the documents required by the offices. Filling out the application form that you will be sending is also very important. Any, even a minor infraction can prolong the process of getting the document. Therefore, take care of the smallest details as well.

  • Visa is the main document allowing you to enter the territory of Poland, it is issued for a predetermined purpose.
  • A temporary residence and work permit allows you to stay and work in Poland for a maximum of 3 years. It is issued to persons who:
    • work in Poland,
    • study – it should be noted that graduates of Polish higher education institutions can legally come to Poland without a special permit if their goal is to find a job and find employment,
    • are married to a Polish citizen,
    • have citizenship of an EU country.
  • A permanent residence card allows you to stay in Poland even for 10 years. You can apply for it, in particular, if you have “Polish roots”.
  • Residence permit of a long-term resident of the European Union – if you have been living in Poland for more than 5 years. With this permit you can work for any employer without the need to obtain an additional work permit.
  • Blue Card – you will receive this authorization if you have a highly skilled occupation and are waiting to start working in it or are already working in it.
  • Pole Card – confirms your belonging to the Polish nation, issued on the basis of proof that your father, mother, grandmother, grandfather or any of your close relatives once lived in Poland.

Legal work in Poland

Legal residence in Poland is not sufficient for legal employment. Employment also requires special administrative grounds.

Such a basis can be a type A work permit, as well as a single residence and work permit – which one is chosen most often?

The best basis for working in Poland

Foreigners working in Poland most often decide to obtain a residence card, i.e. a unified temporary residence and work permit. This document also allows you to legally stay and earn money in Poland. Up to 3 years, but this period can be extended by obtaining another permit.

The waiting time required to obtain a TRC is long and can be extended due to mistakes made at the application stage. Therefore, it is worth seeking the help of a specialist in this matter.

Thanks to these companies:

  • You will minimize the waiting time for a decision
  • You will be assisted in filling out the application and completing the documents
  • You avoid the hassle of filling out complicated applications
  • You don’t have to read complex instructions and regulations
  • On your behalf, the official is contacted by a specialist who represents you
  • You avoid the stress of uncertainty and unfamiliarity with regulations
  • You avoid uncertainty, the specialist will answer all questions regarding your situation

In this matter, we recommend the services of time2legal, which provides:

Individual approach to each client

The service starts with analyzing all documents and the client’s situation.

Answers to all questions

We will answer all your questions about your individual situation in order to collect the most complete package of documents for legal residence

No errors that prolong the wait

From the moment you apply for a residence permit to the moment you receive your plastic, your documents will be handled by professionals.

Responsibility for the implementation of the service

You will sign a bilingual contract for the service to make everything as clear as possible.

When applying for any document related to legal residence and work in Poland, it is important to familiarize yourself with the necessary documents and procedures. If you are applying on your own, contact the relevant authorities or institutions, e.g. consulate, voivodeship office, employment office, to get full information and support in the application process. Also remember to meet deadlines and submit your application on time to avoid delays and problems related to your legal stay in Poland.

You can also hand over your case to the experts now and not worry about these details. Find out how time2legal can help you.

Frequently Asked Questions

Temporary residence and work permit - what is it?

Temporary residence and work permit, is granted when the purpose of stay in Poland is to perform work. The permit entitles the person to stay in Poland and to work for a specific employer and under the conditions specified in the decision.

The permit is issued by the relevant voivodeship office.

What are the necessary documents to obtain a Residence Card?
  • Filled out application
  • Two photos, taken not earlier than 6 months before the date of application:
    • undamaged, colorful, with good sharpness;
    • dimensions 35 mm x 45 mm;
    • showing the image of the foreigner’s face from the top of the head to the upper part of the shoulders, so that the face occupies 70-80% of the photograph, on a uniform light background;
    • depicting the person looking straight ahead with his eyes open, hair uncombed with a natural expression and closed mouth, and reproducing the natural color of his skin;
    • showing clearly the foreigner’s eyes, especially the pupils, the line of the foreigner’s eyes being parallel to the upper edge of the photograph;
  • A photocopy of a valid travel document (original for inspection)
  • Fee for issuance/replacement of a residence card
  • Current confirmation of registration
  • Documents confirming the change of data and circumstances given in the application
How does the legalization of a foreigner's work in Poland proceed?
  1. We start with a preliminary analysis of the employee’s residence and work situation. This is the stage preceding the signing of the service contract. It allows us to know what service we can offer you.
  2. We sign a contract and an order for the implementation of the service. At this stage, you can give us power of attorney to handle your case (at no additional cost).
  3. We proceed to complete the documents. We take steps to obtain the basis for legal residence and work of your employee.
  4. We issue a VAT invoice for the service.
  5. We contact the voivodeship office. We respond to its inquiries until the service is successfully implemented.
How high are the administrative fees associated with hiring a foreigner?
  • for a statement on entrusting work to a foreigner- PLN 100 (borne by the employer)
  • for a work permit type A- PLN 100 (borne by the employer)
  • for filing an application for a temporary residence and work permit- PLN 440 (borne by the foreigner)
  • for a power of attorney allowing the Client to be represented before the Office – PLN 17
What are the penalties for illegally employing a foreigner in Poland?

Since the beginning of 2018, the fine for an employer for illegally employing a foreigner ranges from PLN 1,000 to PLN 30,000.

An employee may also be fined for illegal work. Foreigners are additionally obliged to return to their country of origin or even banned from re-entry.

Detailed information on this subject can be found in the Law of July 20, 2017 on Amendments to the Law on Employment Promotion and Labor Market Institutions and Certain Other Laws (Journal of Laws 2017, item 1543).

What is the difference between the basis for residence and the basis for work

In order for foreigners to work in the territory of Poland, it is necessary to ensure that the employee has the appropriate residence title (in accordance with the law, he entered the territory of the Republic of Poland). Without a residence title document, the candidate cannot undertake legal work; at the same time, if he has obtained a basis for legal work, he can apply for a visa authorizing his stay. The main difference, therefore, is the entitlement provided by a particular document – below is a breakdown of documents that allow residence and/or work by the entitlements they carry. This is particularly important from the perspective of a person involved in legalizing the stay or work of foreigners.

Legal residence of a foreigner is made possible by:

  • Biometric passport
  • Visa issued by Polish authorities
  • Visa issued by another Schengen country
  • Stamp confirming the submission of an application for a residence and work permit for a foreigner
  • Residence card (temporary residence and work permit, permanent residence permit)

ENTRUSTING THE WORK ENABLE:

  • Statement on entrusting work to a foreigner
  • Seasonal work permit
  • Zezwolenie na pobyt i pracę
  • cudzoziemcaCurrent certificate from studies
    Pole’s card
  • Permanent residence permit (indefinite)
    EU long-term resident’s residence permit
  • Work permit type A
  • Notification on assignment of work to a citizen of Ukraine

In addition, refugee status, temporary protection, subsidiary protection, residence for humanitarian reasons, and tolerated stay entitle foreigners to legal residence in Poland.

How to get a work permit?

On how to obtain a work permit on your own, the Ministry of Family and Social Policy informs at https://www.biznes.gov.pl/pl/opisy-procedur/-/proc/1611

Remember, however, that it is worth entrusting the implementation of these procedures to our specialists, we will help you complete the necessary documents, prepare the application and submit it to the office. Thanks to this, as an employer you will gain certainty that the whole process has been carried out comprehensively and professionally.

Employment of a foreigner from outside the EU is associated with additional formalities. You have to take care of the legality of the stay, but also of the work. These formalities are not always easy. Why use the help of a specialist? The main argument is the selection of the fastest and most advantageous path for the employer and employee, as well as the possibility of comprehensive and efficient implementation of administrative procedures. As a result, the start of work is possible in a shortened time.

When is it legal to employ a foreigner?

Are you going to hire a person who is not a citizen of an EU or EEA country? There are no contraindications to this, but there are additional conditions that must be met. So make sure you have the appropriate residency documents (such as a visa or residency card). And if you are not exempt from a work permit, then:

  • obtain a temporary residence and work permit (” unified permit”) or
  • obtain for him a work permit, a seasonal work permit or submit a statement on entrusting work to a foreigner
  • residence documents (the basis for legal stay in Poland) allow him/her to perform work, as long as they are not: a tourist visa or other document that excludes taking up work
  • remember that the conditions for performing work and the position, which are specified in the work permit, statement on entrusting work or temporary residence and work permit, must be consistent with the facts.

The employment of a foreigner from outside the European Union is associated with additional formalities. One should take care of the legality of the stay, but also of the work. These formalities are not always easy. Why use the help of a specialist? The main argument is the choice of the fastest and most favorable way for the employer and the employee. As well as the possibility of complex and efficient fulfillment of administrative procedures. As a result, employment is possible in a shortened time.

Who controls the legality of employment of foreigners?

There are mainly two entities authorized to verify the legality of employment of foreigners:

  • State Labor Inspectorate (Act of April 13, 2007 on the State Labor Inspectorate, i.e., Article 10(1) item. 4 of the Act)
  • Border Guard (the Border Guard Act of October 12, 1990, in Article 10d)
For what period can a foreigner be hired?

It depends on the basis on which the foreigner is hired, the validity period is as follows:

  • The statement on entrusting work to a foreigner concerning citizens of 5 countries: Armenia, Belarus, Georgia, Moldova and Ukraine allows work for a period of no more than 24 months.
  • A seasonal work permit allows work for a period of no more than 9 months.
  • Work permit – will allow work for a period of no more than 3 years and can be renewed, likewise the residence card.

Entrusting work to a person from outside the EU is associated with additional formalities. One should take care of the legality of the stay, but also of the work. These formalities are not always easy. Why use the help of a specialist?

The main argument is the accurate selection of the fastest and most advantageous path for the employer and employee. Combined with the ability to complete administrative procedures comprehensively and efficiently.

This makes it possible for employees to start work in the shortest possible time.

 

Who needs a visa to enter Poland

Foreigners who wish to enter and work on Polish territory, but are not citizens of European Union (EU) countries, the European Economic Area (EEA) or Switzerland, usually need a work visa or other appropriate permission for the foreigner to stay and work.

You can find out if you need a visa on the website of the consulate of a particular country.