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New Employer in Poland: What’s the Work Permit Process?

Work Permit Process in Poland for a New Employer #

If you’re planning to work for a new employer in Poland, understanding the work permit process is crucial. Here’s a detailed breakdown:

General Requirements #

As a general rule, non-EU/EEA citizens require a work permit to be legally employed in Poland. The employer usually handles the work permit application on your behalf.

  • Type D Visa: Before applying for a work permit, ensure you have a valid visa (usually a Type D visa for long-term stay) or are otherwise legally residing in Poland.
  • Employer’s Role: Your prospective employer initiates the work permit application process.

Types of Work Permits #

There are several types of work permits in Poland, each tailored to specific employment situations. The most common include:

  • Type A: Applies to foreigners working in Poland based on an employment contract or civil law agreement with an employer whose registered office or place of residence is in Poland.
  • Type C: Applies to foreigners delegated to Poland by a foreign employer for a period exceeding 30 days within a calendar year to work for a foreign employer’s branch or representative office, or a related entity.
  • Type D: Applies to foreigners delegated to Poland by a foreign employer who does not have a branch, representative office, or related entity in Poland for the purpose of providing a temporary and occasional service (export service).
  • Type E: Applies to foreigners working in Poland for a period exceeding 3 months within the next 6 months for purposes other than those specified in types A-D.
  • Type S: Applies to foreigners delegated to Poland by a foreign employer.

Most likely, as a driver, you will fall under Type A, but confirm this with your employer.

The Work Permit Application Process #

  1. Labor Market Test (Information from the Starosta): The employer must first apply for information from the Starosta (local head of the district) to confirm that there are no qualified Polish or EU/EEA citizens available for the position. This is known as the labor market test.
  2. Application Submission: Once the labor market test is completed (if required), the employer submits the work permit application to the relevant Voivodeship Office (Urząd Wojewódzki).
  3. Required Documents: The employer needs to provide several documents, including:
    • Application form
    • Company registration documents
    • Copies of your passport pages
    • Proof of health insurance
    • Proof of accommodation in Poland
    • Information resulting from the labor market test (if required)
    • Other documents depending on the specific circumstances
  4. Review and Decision: The Voivodeship Office reviews the application. This process can take several weeks or months.
  5. Work Permit Issuance: If the application is approved, the Voivode issues the work permit.
  6. Visa Application (if applicable): If you require a visa, you can then apply for a visa based on the work permit.

Important Considerations #

  • Validity: Work permits are usually issued for a specific period, typically up to 3 years, depending on the type of permit and the job.
  • Change of Employer: If you change employers, you generally need a new work permit. Your new employer must initiate the application process.
  • Appeals: If the work permit is denied, the employer has the right to appeal the decision.
  • Legal Stay: Ensure your stay in Poland is legal throughout the work permit application process. Overstaying your visa or residence permit can lead to serious consequences.

Where to Find More Information #

Disclaimer: Immigration laws and regulations can change. Always verify the most current information with official sources or qualified legal counsel.

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