How to extend employment of a foreigner from outside of the EU – practical and the most popular solution.
Article 114 of the Act on Foreigners of 12 December 2013 with implementing legislation govern the procedure to obtain temporary permit to reside and work in Poland by foreigners.
For temporary residence and work permit, a foreigner applies to a province governor appropriate for their place of stay. Application to issue the permit should be filed personally by a foreigner or a foreigner will be summonsed to appear in person within 7 days, or else the application will not be considered.
Market demand test is not required for continuance of employment on the same terms or when a salary is changed. However, if the position is changed, a market demand test must be run and an inquiry with the district governor must be made.
Of course, if the work to be performed by a foreign is on the list of professions in deficiency, it is not necessary to seek information with district governor, even if the position is changed. The list of professions in deficiency is published in regulations of the province governors or in the enclosure to the Regulation of the Minister of Labour and Social Policy. By way of example, today, the following professions are found on those lists:
A foreigner will obtain temporary residence and work permit in Poland when the purpose of their stay is to perform work in the Republic of Poland and meets jointly the following conditions:
A single permit to reside and work is issued for a fixed period of time, in most cases for no more than 3 years.
A single permit to reside and work is given to a foreigner to undertake work at the given employer, exclusively on terms and conditions specified in administrative decision specifying:
It means that in the event of change of employer specified in the administrative decision, it is necessary to obtain new permit to reside and work. The same applies to working for another employer-user (in the case of temporary work) or on terms and conditions other than specified in the permit i.e. on another position, with a lower salary or when working time arrangement or type of contract governing the work have been changed.
Reasons which do not require the change or issue of a new permit to reside and work include:
A foreigner who obtained temporary residence permit in Poland is given a residence card. This document is issued by operation of law by the province governor who granted the permit to a foreigner.
In a residence card issued in connection with granting a foreigner a temporary residence permit to perform work, an annotation “access to labour market” is affixed.
A residence card during its validity period confirms the identity of a foreigner during their stay in the Republic of Poland and, together with a travel documents, entitles to multiple border crossing without a need to obtain a visa.
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