Frequently asked questions
Who applies for work permits?
The employer where the foreigner will work.
The foreigner I want to hire has a work permit from another employer. Can he perform work in my company on this basis?
No, because the work permit is issued to a specific employer, which is the rule. However, according to the law of March 12, 2022. On assistance to citizens of Ukraine in connection with the armed conflict on the territory of that country, citizens of Ukraine are not required to have a work permit, as long as they are in Poland legally and the employer will notify their to the District Labor Office within 14 days of starting work. However, these regulations are temporary and apply until March 04, 2024, unless extended.
Are all foreigners employed in Poland required to have a work permit?
As a rule, yes. With the exception of Ukrainian citizens reported by the employer to the District Labor Office – which, however, is a temporary solution. In addition, the permit is not needed for people with so-called “inadequate” health conditions. Free access to the labor market, min. graduates of Polish schools and universities, foreigners with permanent residence permits, long-term EU residents, or some foreigners with temporary residence permits for family reunification.
What is , "information of the starost"?
The starost’s information is the abbreviated name of the document with the full name “Information of the starost on the inability to meet the staffing needs of employers from the local labor market.” This is an essential document that an employer must obtain in the procedure for legalizing the work of a foreigner. It is issued by the District Labor Office. The information is not needed if the foreigner is working in a position indicated in the regulations of the competent governor or minister.
Can a foreigner legally work while waiting for a residence and work permit?
As a rule, while waiting for a decision, a foreigner needs a work permit to work. However, if he continues to work for the existing employer under identical conditions to the previous permit, he does not need to apply for additional permits. In addition, it is important to remember the general exceptions to the requirement for a min. permit. For citizens of Ukraine and people from the so-called. free access to the labor market.
What are the consequences for an employer for illegally employing a foreigner and a foreigner for illegally performing work?
Entrusting a foreigner with illegal work, as well as the illegal performance of work by a foreigner, constitute offenses. An act committed by a person acting on behalf of an employer is punishable by a fine of PLN 3,000 to 5,000, while a foreigner faces a fine of PLN 1,000 to 5,000.
What is a stable, regular source of income?
A stable source of income is one that provides a net amount of PLN 600.00 per family member, and in the case of a single person, a net amount of PLN 776.00. These amounts are taken into account by the relevant Governor, at the time of granting a residence permit. Note that this income must be regular, i.e. monthly.
Who can apply for a residence permit on behalf of minors?
The application on behalf of a minor may be submitted by the parents or a single parent. No authorization from the other parent is then needed. A court-appointed guardian also has such authority. A proxy of a parent, residing abroad, cannot apply for a residence permit on behalf of a minor.
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