The route towards a work permit
As you have probably already guessed, applicants must present a considerable number of documents. The filing of the motion and documentation shall be undertaken by the employer who wants to hire the foreign employee. Foreigners may not undertake this procedure based on their own initiative, although their cooperation is indispensable to enable the employer to file the appropiate motions.
The employer should visit the District Labor Office and place a job announcement for the specified post for which the employer wants to hire a foreigner. This is done in case there is an unemployed Pole who fulfills requirements of the employer.
It is perhaps no big secret that, in practice, the announcements are formulated in such a way that no unemployed Pole would be able to reply to them. As a rule, the employer requires specified skills or qualifications. However, the announcement cannot be totally unrealistic as the employer must prove that the foreigner to be hired actually possesses these skills or qualifications. If nobody replies to the announcement at the Labor Office, the "Starosta" issues an opinion confirming a lack of interest in the job announcement.
The issue of the permit takes place over two stages. During the first stage, the employer solicits the promise of a permit. After having obtained such a promise, it is necessary to file for a visitor's visa granting the right of employment.
Next, a permit that grants the right to undertake employment is issued under the condition of obtaining the visa. Nevertheless, if a foreigner possesses such a visa or residence permit at the time that the motion is filed, it is not necessary to solicit the promise of permit and instead the work permit can be solicited at once.
An application for a work permit is an official standard form with plenty of spaces to fill in. Nevertheless, the above, this is by no means the end of the bureaucratic requirements. There is a whole list of documents that must be enclosed with the application. Among other documents, it is necessary to enclose an excerpt from the National Court Registry which shows all current information of the company/ employer. A current excerpt is considered to be an excerpt dated no more than three months before the date of presentation, irrespective of whether no amendments have been made to the company's information in the National Court Registry. An excerpt costs zł.33.
In addition to the excerpt, the following documentation shall also be enclosed: (a) a document confirming the employer's right to the company's premises (e.g. lease contract); (b) the employer's REGON certificate (an identification number provided by the Statistics Office); (c) the employer's NIP certificate (the tax identification number); (d) a copy of the foreigner's passport; (e) a document confirming the foreigner's professional skills and its sworn translation; (f) the employer's statement regarding the truthfulness of the presented information; (g) the certificate of registration of the foreigner's temporary address in Poland.
The work permit is not free of charge. A fee must be paid corresponding to the amount of the lowest monthly remuneration allowed in Poland, currently zł.800. To renew the permit costs half of this price. The fee should be paid into the bank account of the Labor Fund.
The examination of a motion takes some time. Theoretically, it should be examined without delay but as a rule, it takes one month. The Labor Office may extend this procedure. To do this, the Labor Office need only send the employer a notice before one month has elapsed stating that it has not had enough time to examine the motion, and set a new deadline. Such notices may be sent endlessly, but fortunately this happens very rarely.
Finally, after having obtained the work permit, the foreigner may embark on a route to a professional career in Poland.
Aleksandra Dalecka is an attorney at Marek Zdanowicz & Partners in Warsaw.
The employer should visit the District Labor Office and place a job announcement for the specified post for which the employer wants to hire a foreigner. This is done in case there is an unemployed Pole who fulfills requirements of the employer.
It is perhaps no big secret that, in practice, the announcements are formulated in such a way that no unemployed Pole would be able to reply to them. As a rule, the employer requires specified skills or qualifications. However, the announcement cannot be totally unrealistic as the employer must prove that the foreigner to be hired actually possesses these skills or qualifications. If nobody replies to the announcement at the Labor Office, the "Starosta" issues an opinion confirming a lack of interest in the job announcement.
The issue of the permit takes place over two stages. During the first stage, the employer solicits the promise of a permit. After having obtained such a promise, it is necessary to file for a visitor's visa granting the right of employment.
Next, a permit that grants the right to undertake employment is issued under the condition of obtaining the visa. Nevertheless, if a foreigner possesses such a visa or residence permit at the time that the motion is filed, it is not necessary to solicit the promise of permit and instead the work permit can be solicited at once.
An application for a work permit is an official standard form with plenty of spaces to fill in. Nevertheless, the above, this is by no means the end of the bureaucratic requirements. There is a whole list of documents that must be enclosed with the application. Among other documents, it is necessary to enclose an excerpt from the National Court Registry which shows all current information of the company/ employer. A current excerpt is considered to be an excerpt dated no more than three months before the date of presentation, irrespective of whether no amendments have been made to the company's information in the National Court Registry. An excerpt costs zł.33.
In addition to the excerpt, the following documentation shall also be enclosed: (a) a document confirming the employer's right to the company's premises (e.g. lease contract); (b) the employer's REGON certificate (an identification number provided by the Statistics Office); (c) the employer's NIP certificate (the tax identification number); (d) a copy of the foreigner's passport; (e) a document confirming the foreigner's professional skills and its sworn translation; (f) the employer's statement regarding the truthfulness of the presented information; (g) the certificate of registration of the foreigner's temporary address in Poland.
The work permit is not free of charge. A fee must be paid corresponding to the amount of the lowest monthly remuneration allowed in Poland, currently zł.800. To renew the permit costs half of this price. The fee should be paid into the bank account of the Labor Fund.
The examination of a motion takes some time. Theoretically, it should be examined without delay but as a rule, it takes one month. The Labor Office may extend this procedure. To do this, the Labor Office need only send the employer a notice before one month has elapsed stating that it has not had enough time to examine the motion, and set a new deadline. Such notices may be sent endlessly, but fortunately this happens very rarely.
Finally, after having obtained the work permit, the foreigner may embark on a route to a professional career in Poland.
Aleksandra Dalecka is an attorney at Marek Zdanowicz & Partners in Warsaw.
