Alternative Options for Foreign Workers After Work Permit Revocation in Poland #
If a foreign worker’s work permit in Poland is revoked, several alternative options may be available depending on their individual circumstances. These options involve exploring different legal statuses that allow them to remain and work in Poland legally.
1. Applying for a Different Type of Work Permit #
Even if one type of work permit is revoked, it may be possible to apply for a different type of work permit that better suits the individual’s situation. Poland offers various types of work permits, including:
- Type A Work Permit: Applies to foreign nationals 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 B Work Permit: Applies to foreign nationals serving on the management board of a company, acting as a partner in a limited partnership or a general partnership, or acting as a proxy, if they reside in Poland for more than 6 months in a 12-month period.
- Type C Work Permit: Applies to foreign nationals delegated to work in Poland by a foreign employer for a period exceeding 30 days in a calendar year.
- Type D Work Permit: Applies to foreign nationals delegated to work in Poland by a foreign employer that has no branch or representative office in Poland, for a period exceeding 30 days in a calendar year.
- Type E Work Permit: Applies to foreign nationals working in Poland for a period exceeding 3 months in a 6-month period for purposes other than those specified in types A to D.
The specific requirements and application procedures vary for each type of permit. It is crucial to carefully review the criteria for each type and gather the necessary documentation.
Reference: Types of Work Permits in Poland
2. Applying for a Temporary Residence and Work Permit #
A temporary residence and work permit (Zezwolenie na pobyt czasowy i pracę) allows a foreign national to live and work in Poland for a specified period, typically up to three years. This permit combines residence and work authorization into a single process.
Requirements typically include:
- A valid job offer or employment contract.
- Proof of health insurance.
- Stable and regular source of income sufficient to cover living expenses.
- Accommodation in Poland.
The application is submitted to the Voivodeship Office (Urząd Wojewódzki) competent for the applicant’s place of residence.
Reference: Temporary Residence Permit Information
3. Applying for a Blue Card (Highly Qualified Employment) #
The EU Blue Card is designed for highly qualified professionals. If the foreign worker meets the criteria for highly qualified employment, they can apply for a Blue Card, which allows them to work in Poland.
Key requirements include:
- Higher education diploma or equivalent professional experience.
- A job offer with a salary meeting the minimum threshold set by Polish regulations (typically 150% of the average gross monthly salary).
The Blue Card offers a more streamlined process for highly skilled workers and may provide additional benefits.
Reference: EU Blue Card Information
4. Legalization of Stay Based on Other Circumstances #
Foreign nationals may also explore options for legalizing their stay based on other circumstances, such as:
- Family Reunification: If the foreign worker has family members who are Polish citizens or have a legal status in Poland, they may be eligible for a residence permit based on family reunification.
- Long-Term Resident Status: After residing legally in Poland for a continuous period of five years, foreign nationals may apply for a long-term resident’s EU residence permit.
- Marriage to a Polish Citizen: Marriage to a Polish citizen can provide a basis for obtaining a temporary residence permit.
- Humanitarian Reasons: In specific cases, a stay can be legalized for humanitarian reasons or due to circumstances beyond the individual’s control.
5. Appeal the Revocation Decision #
The foreign worker has the right to appeal the decision to revoke their work permit. The appeal must be submitted within the timeframe specified in the revocation decision, usually 14 days. It is advisable to seek legal counsel to prepare a strong appeal.
6. Voluntary Return #
If no other legal options are available, the foreign worker may need to consider voluntary return to their country of origin. In some cases, assistance may be available for voluntary return, including financial support and help with travel arrangements.
Important Considerations: #
- Legal Assistance: It is highly recommended to seek legal advice from an experienced immigration lawyer in Poland. A lawyer can assess the individual’s situation, explain the available options, and assist with the application process.
- Deadlines: Pay close attention to deadlines for submitting applications and appeals. Missing deadlines can have serious consequences.
- Documentation: Ensure that all required documents are complete, accurate, and properly translated (if necessary).
- Contacting the Voivodeship Office: The Voivodeship Office is the primary authority for immigration matters in Poland. Contacting them directly can provide valuable information and guidance.
Disclaimer: Immigration laws and regulations are subject to change. It is essential to verify the latest information with official sources or legal professionals.
