Changing Jobs in Poland: Will My Work Permit Transfer?

Transferring Work Permits When Changing Jobs in Poland #

The rules regarding the transferability of work permits in Poland when changing jobs can be complex. Here’s a detailed explanation:

General Rule: Work Permit is Employer-Specific #

In Poland, a work permit (zezwolenie na pracę) is generally issued for a specific position with a specific employer. This means that if you change jobs, your existing work permit is usually no longer valid.

When a New Permit is Required #

You will typically need a new work permit if you:

• Change employers.
• Change positions with the same employer, and the new position has different requirements than those specified in the original permit.

Exceptions and Specific Situations #

There are some situations where you might not need a completely new work permit, but these are exceptions rather than the rule:

• Amendment to the Existing Permit: In some cases, it may be possible to amend your existing work permit if the changes are minor (e.g., a slight change in job title or responsibilities with the same employer). However, this requires approval from the Voivode (local governor) who issued the permit.
• Simplified Procedures for Certain Nationalities: Some nationalities may benefit from simplified procedures or agreements between countries that could expedite the process of obtaining a new permit.

How to Obtain a New Work Permit #

If you change jobs, your new employer must apply for a new work permit on your behalf. The process generally involves the following steps:

1. Labor Market Test (Test Rynku Pracy): The employer must first conduct a labor market test to demonstrate that there are no qualified Polish or EU citizens available for the position. This involves registering the job vacancy with the local labor office (Urząd Pracy).
2. Application Submission: The employer submits an application for a work permit to the appropriate Voivodeship Office (Urząd Wojewódzki).
3. Required Documents: The application must include various documents, such as:
• Company registration documents
• Your passport copy
• Proof of qualifications
• Employment contract (or preliminary agreement)
• Labor market test results
• Other documents as required by the Voivodeship Office
4. Decision: The Voivode will review the application and issue a decision. If approved, you will receive a work permit.

Important Considerations #

• Legal Stay: Ensure that you maintain a legal basis for staying in Poland while the new work permit application is being processed. This might involve extending your visa or residence permit.
• Deadlines: Be aware of the deadlines for submitting applications and any potential waiting times for processing.
• Consultation: It is advisable to consult with a legal professional or an experienced HR specialist in Poland to ensure compliance with all regulations.

Official Sources and Links #

While direct links to specific regulations can change, here are some official sources where you can find up-to-date information:

• Official Polish Government Website for Foreigners: This website provides comprehensive information on various aspects of living and working in Poland, including work permits.
• Biznes.gov.pl – Employing Foreigners: Offers guidance for employers on legalizing the stay and work of foreigners.
• Voivodeship Offices (Urzędy Wojewódzkie): The websites of the individual Voivodeship Offices provide detailed information on local requirements and procedures for work permits.

Disclaimer: Immigration laws and regulations are subject to change. Always verify the most current information with official sources or qualified legal professionals.