What Happens If I Start Working in Poland Before My Permit Is Approved?

Working in Poland Before Permit Approval: Consequences #

Working in Poland before your work permit is officially approved carries significant risks and potential legal consequences for both you (the foreign worker) and your employer. Here’s a detailed breakdown:

Legal Ramifications for the Employee (You): #

• Illegal Residence: Working without a valid permit means you are residing and working in Poland illegally.
• Deportation: The Polish Border Guard (Straż Graniczna) can initiate deportation proceedings against you. You will be issued a decision obligating you to return to your country of origin. You may also face a ban from re-entering the Schengen Area or the European Union for a specified period.
• Fines: You may be subject to a monetary fine for illegal work.
• Difficulty Obtaining Future Permits: Having a record of illegal work in Poland will severely hinder your ability to obtain any future work permits or visas for Poland or potentially other EU countries. Your application will likely be denied.
• No Access to Social Benefits: While working illegally, you are not entitled to any social benefits, such as unemployment benefits, healthcare, or pension contributions.

Legal Ramifications for the Employer: #

• Heavy Fines: Employers who hire foreign nationals without valid work permits face substantial fines. These fines can be very significant.
• Criminal Charges: In certain cases, employers may face criminal charges for employing illegal workers, especially if they are repeat offenders or if the situation involves exploitation.
• Deportation Costs: The employer may be required to cover the costs associated with your deportation.
• Business Reputation Damage: Engaging in illegal employment practices can severely damage an employer’s reputation.

Specific Regulations and Laws: #

The key legislation governing the employment of foreigners in Poland includes:

• The Act on Foreigners: This act regulates the entry, stay, and departure of foreigners from Poland. It outlines the requirements for legal residence, including work permits.
• The Act on Employment Promotion and Labour Market Institutions: This act governs the rules for employing foreign nationals and the requirements employers must meet.

Checking Permit Status: #

You can check the status of your work permit application with the relevant Voivodeship Office (Urząd Wojewódzki). It is crucial to confirm that your permit has been officially issued before commencing work.

Recommendations: #

• Wait for Approval: Never start working until you have received official confirmation that your work permit has been approved and issued.
• Verify Permit Details: Ensure that all the details on your work permit are correct, including your name, employer’s name, and the job title.
• Consult with Legal Professionals: If you are unsure about any aspect of the work permit process, seek advice from a legal professional specializing in immigration law.

Official Resources: #

• Polish Office for Foreigners (Urząd do Spraw Cudzoziemców): This is the main government website providing information on all aspects of immigration to Poland.
• biznes.gov.pl – Employing Foreigners: Provides information for employers on how to legally employ foreigners.

Disclaimer: Immigration laws and regulations are subject to change. Always consult official sources or legal professionals for the most up-to-date information.