Who can issue a work permit?

Who Can Issue a Work Permit in Poland? #

In Poland, the authority responsible for issuing work permits for foreigners is primarily the Voivode (Governor) of the region where the foreign national will be working. The specific office within the Voivodeship is typically the Department of Citizen Affairs and Foreigners (Wydział Spraw Obywatelskich i Cudzoziemców).

Key Authorities and Their Roles: #

• Voivode (Governor): The Voivode is the main authority for issuing work permits. They assess applications to ensure that all legal requirements are met. Each of Poland’s 16 regions (voivodeships) has its own Voivode.
• Department of Citizen Affairs and Foreigners: This department, operating under the Voivode, handles the practical aspects of processing work permit applications. They review documents, conduct interviews if necessary, and issue the final decision on the work permit.
• Border Guard (Straż Graniczna): While the Border Guard doesn’t issue work permits, they play a role in verifying the legality of a foreigner’s stay and employment in Poland. They may conduct checks to ensure that foreigners are working legally based on their permits.
• Labor Offices (Urząd Pracy): Before a Voivode can issue a work permit, the local Labor Office often conducts a labor market test. This test assesses whether there are qualified Polish or EU/EEA citizens available to fill the job. If no suitable candidates are found, the Labor Office’s assessment is a prerequisite for the Voivode to issue the work permit.

Detailed Explanation of the Process: #

The process generally involves the employer applying for the work permit on behalf of the foreign national. Here’s a breakdown:

1. Labor Market Test: The employer applies to the local Labor Office for a labor market test to confirm no qualified Polish or EU/EEA citizens are available for the position.
2. Application Submission: The employer submits the work permit application along with all required documents to the appropriate Voivodeship Office (Department of Citizen Affairs and Foreigners).
3. Document Review: The Voivodeship Office reviews the application and documents to ensure compliance with Polish law.
4. Decision: If all requirements are met, the Voivode issues the work permit.

Relevant Legal Acts and References: #

• Act on Foreigners (Ustawa o Cudzoziemcach): This is the primary legislation governing the entry, stay, and employment of foreigners in Poland. It outlines the conditions for obtaining work permits and the responsibilities of employers and foreign workers.
• Regulation of the Minister of Labour and Social Policy: This regulation specifies the detailed procedures and required documents for work permit applications.
• Official Government Websites:
  • Polish Ministry of Interior and Administration (MSWiA) – Foreigners in Poland: Provides general information about the legal stay and work of foreigners in Poland.
  • biznes.gov.pl – How to Legalize the Work of a Foreigner: Offers guidance for employers on legalizing the employment of foreigners.

Important Note: Regulations and procedures can change, so it is always advisable to consult the latest official sources or seek legal advice from a qualified professional specializing in Polish immigration law.