Impact of the Ukraine War on Polish Work Permits for Ukrainians #
The war in Ukraine has significantly impacted the application process for work permits in Poland, particularly for Ukrainian citizens. Poland has become a primary destination for Ukrainians seeking refuge and employment. Here’s a detailed breakdown:
Special Legislation and Protection #
Temporary Protection: Poland has implemented special legislation to provide temporary protection to Ukrainian citizens fleeing the war. This protection grants them the right to reside, work, and access social services in Poland.
- Legal Basis: The primary legal basis is the Act of March 12, 2022, on assistance to citizens of Ukraine in connection with armed conflict on the territory of that country.
- Rights Granted: This act ensures that Ukrainian citizens can legally stay in Poland for a defined period, usually extendable, and have the right to work without needing a separate work permit.
Work Permit Exemptions #
Simplified Procedures: Due to the temporary protection status, many Ukrainians are exempt from the standard work permit requirements. This means they can register with local labor offices and begin working almost immediately.
- Registration Requirement: Employers must notify the local labor office (Powiatowy Urząd Pracy) within 14 days of hiring a Ukrainian citizen who is under temporary protection.
- No Work Permit Needed: For those under temporary protection, a full work permit application is generally not required.
Standard Work Permit Procedures (for those not eligible for temporary protection or after temporary protection expires) #
Types of Work Permits: If a Ukrainian citizen doesn’t qualify for temporary protection or if their temporary protection status expires, they may need to apply for a standard work permit. The main types include:
- Type A: Applies to foreigners working in Poland based on an employment contract or civil law contract with an employer whose registered office or place of residence is in Poland.
- Type D: Applies to foreigners delegated to Poland by a foreign employer to provide temporary or occasional services (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, B, C, and D.
Application Process: The employer usually applies for the work permit on behalf of the foreign national.
- Labor Market Test: The employer must first conduct a labor market test ( tzw. test rynku pracy) to prove that there are no qualified Polish or EU citizens available for the job. This test is conducted by the local labor office.
- Application Submission: The employer submits the work permit application along with all required documents to the Voivodeship Office (Urząd Wojewódzki).
- Decision: The Voivode (governor of the region) issues a decision on the work permit.
Required Documents (General – May Vary) #
For the Employer:
- Company registration documents (KRS, REGON).
- Tax identification number (NIP).
- Proof of no outstanding tax or social security obligations.
For the Ukrainian Citizen:
- Passport copy.
- Proof of qualifications (diplomas, certificates).
- Current address in Poland.
- Sometimes, a criminal record certificate (though often waived for those under temporary protection).
Important Considerations #
- Visa Requirements: Depending on the Ukrainian citizen’s status and the type of work permit, a visa might still be required. Those under temporary protection generally do not need a visa for the duration of their protection.
- PESEL Number: Ukrainian citizens under temporary protection are eligible for a PESEL number (personal identification number), which is essential for accessing public services and employment.
- Healthcare: Those under temporary protection have access to public healthcare in Poland.
- Social Security: Employment under a work permit or temporary protection grants access to the Polish social security system (ZUS).
Official Resources and Links #
- Act on Assistance to Citizens of Ukraine: Polish Government Information
- Information from the Polish Border Guard: Polish Border Guard
- Labor Office Information: Local Powiatowy Urząd Pracy (search for the relevant office in the city/region).
Disclaimer: Regulations and procedures can change, so it’s always best to consult the official sources and local authorities for the most up-to-date information.
