Permits for foreign personnel to live and work in Poland can be difficult to get, as precedence is given to Polish nationals. Understanding the process and conditions for getting visas and work permits, on the other hand, can be beneficial.
Work Visa Categories in Poland
Because Poland is a member of the European Union (EU), nationals of other EU member states do not need to obtain a work permit to work there. Most other visitors will require a visa as well as a work permit to enter the country. There are certain conditions for each sort of work permit. Employees must have both a valid visa or residence permit and a work permit. Non-EU citizens seeking access to Poland for employment purposes can apply for a variety of visas, including:
- Work Permit (Type A): This permit is required for foreign individuals who work for a Polish employer.
- Work Permit (Type C or E): This permit is available for those sent to work in Poland through an intracompany transfer.
- Business visa (Schengen Visa C or D)
- Freelance/entrepreneur visa
Requirements to Obtain Poland Work Visas
The employer must provide several documents to obtain a work permit on behalf of a foreign employee. These documents include:
- A completed application form
- Evidence of payment of application fees
- Confirmation of the legal status of the employer from the National Court Register
- Current records of the employer’s economic activity
- Copies of the applicant’s passport pages with relevant travel information
- Evidence that the applicant has health insurance
- A deed for the company
- A copy of a statement regarding profits or losses sustained by the employer
- A copy of a contract for the service being provided in Poland
Individuals planning to work in Poland will need a Polish employer to apply for a work permit on their behalf. There are several steps in the application process.
1. Conducting a Labor Market Test
Before beginning an application for a foreign work permit, the employer must conduct a labour market test. The purpose of this test is to determine whether there are any Polish citizens or other EU nationals qualified to fill the position. These individuals have priority over foreign nationals.
If there are no eligible job seekers in the market, the employer can apply for a work permit on behalf of a foreigner.
2. The Application Process
The employer is responsible for the work permit application. With the application, the employer will need to include documentation proving that the following conditions are satisfied:
- The conditions of employment are favourable under all applicable employment regulations, including provisions of the Labor Code.
- Remuneration is no more than 30% lower than the average monthly wage, according to the Voivodeship Office.
The employer will also need to include the required documents listed above. The employee must provide the employer with the necessary personal documents, such as passport pages.
3. Issuing the Work Permit
Polish work permits are issued by the local government head of the land, the Voivode. Once the work permit application is approved, three copies of the permit will be made: one for the Voivodeship Office, one for the employer, and one for the employee. The employer is responsible for giving the work permit to the employee. The employee can then begin to work legally in Poland.
Other Important Considerations
Employees should be aware that their work permit is only valid for the time they stay with the company that applied for it on their behalf. Should they want to switch careers, their new employer will need to apply for an entirely new permit.