Foreign workers’ work legalization

CGO Mobility provides support to employers who wish to hire foreign workers in the process of applying for work permits. The scope of our service involves preparing the necessary application, assisting in the compilation of required documents, and representing the client in proceedings before the relevant voivode (local government authority). If necessary, we also conduct a labor market test. The following text will explain the process of legalizing the work of foreign workers.

Table of contents

• Work Permit
• Declaration of entrusting work to a foreigner. Legalization of foreign employment
• Single Permit for Temporary Residence and Work
• How can we assist?

Work Permit

Who applies for a work permit? Legalization of foreigners

Work permits are granted to foreigners upon the request of an employer who intends to hire them.

The decision to issue a work permit is individual and applies only to a specific employer and a specific foreigner. The permit is issued by the Voivode for a specified period, not exceeding three years. However, it can be extended upon request.

Legalization of foreign employment. Types of issued work permits

There are several types of work permits based on the local jurisdiction:

• Type A, Type B – based on the employer’s registered office or place of residence
• Type C – based on the registered office of the entity to which the foreigner is seconded
• Type D – based on the registered office or place of residence of the entity for which the service is performed. If the registered office or place of residence is located abroad, the place of work in Poland for the foreigner is specified.
• Type E – the main place of work for the foreigner within the territory of the Republic of Poland

The procedure conducted by the Voivode differs for each of the mentioned types. Typically, factors such as the anticipated salary or the possibility of employing a Polish citizen for the same position are taken into account in the decision-making process.

What documents must the employer submit?

The specific documents that the employer must submit depend on the type of work permit they intend to obtain for their employee. However, in every case, it is necessary to correctly complete the application form available on the website of the Voivode office. The employer will be required to attach relevant documents, including a copy of the valid travel document of the foreigner and the company’s agreement or a photocopy of the employer’s ID if they are an individual.

In some cases, it may also be necessary to include information from the district authority stating the lack of possibility to meet the workforce needs in the local job market.

Nature of the decision

The decision to issue a work permit is individual and applies only to a specific employer and a specific foreigner. The permit is issued by the Voivode for a specified period, not exceeding three years. However, it can be extended for another three years upon the request of the same employer.

Declaration of entrusting work to a foreigner. Legalization of foreign employment

The declaration of entrusting work to a foreigner allows a Polish employer to hire citizens of Armenia, Belarus, Russia, Moldova, Georgia, or Ukraine without the need to apply for a work permit from the competent Voivode office. This is a significant facilitation for both employers and citizens of these countries. It allows them to avoid the lengthy procedure of obtaining a work permit and increases the flexibility of their employment. Additionally, due to the amendment of regulations that came into force on January 29, 2022, the period for which work can be entrusted to foreigners has been extended. This change makes the procedure of entrusting work even more attractive. So, what conditions must be met to employ a foreigner based on a declaration of entrusting work?

Statement on the Delegation of Work. Conditions

The employer submits a statement on the delegation of work to a foreigner if the following conditions are met together:

• The prospective employee is a citizen of Armenia, Belarus, Russia, Moldova, Georgia, or Ukraine.
• The duration of employment does not exceed 24 months.
• The employment does not involve seasonal work, which requires a separate permit.
• The foreigner will commence work no later than 6 months from the date of submitting the statement.
• The work of the foreigner is not related to holding a position in the management of a legal entity (president, vice-president, board member), conducting affairs of a limited partnership or joint-stock partnership as a general partner, or acting as a procurator of an entity registered in the National Court Register.
• The remuneration of the foreigner will not be lower than the remuneration of employees performing comparable work or in comparable positions (since January 1, 2023, the minimum wage is set at PLN 3,490.00 gross per month and the minimum hourly rate is PLN 22.80 gross per hour).

It should be noted that while the submission of a statement by the employer enables the foreigner to undertake legal employment in Poland, it does not entitle them to stay on the territory of the Republic of Poland. Therefore, the foreigner must have a valid residence permit obtained on their own. In practice, this document is usually a visa or a decision regarding the granting of temporary residence.

What information should be included in the statement on the delegation of work to a foreigner?

The statement should indicate the data of both the entity delegating the work (employer) and the foreigner. However, the most important aspect is the detailed description of the conditions of the delegated work. The employer will need to specify the position or type of work delegated, the job title and code, as well as the Polish Classification of Activities (PKD) symbol and the description of the subclass of the entity delegating the work. Additionally, it is necessary to provide several basic employment details, such as:

• Place of work.
• Type of employment agreement.
• Working hours.
• Remuneration.

The employer must attach a number of documents confirming the circumstances indicated in the statement. These will be documents related to the employer, including an extract from the National Court Register or a copy of the personal ID (if the employer is an individual), as well as a copy of the foreigner’s passport. The employer will also need to submit a certificate of no criminal record according to the specified template.

Submitting the statement is subject to a fee of PLN 100.

Where should the statement on the delegation of work to a foreigner be submitted?

The statement on the delegation of work to a foreigner should be submitted to the District Labor Office competent based on the employer’s registered office or place of residence. Currently, for most offices, the statement can be submitted through the praca.gov.pl portal. To avoid any doubts about the possibility of submitting documents online, it is advisable to verify this matter with the specific district office. The office, upon reviewing the statement, will verify its accuracy and the attached documents. Then, if there are no formal deficiencies, the statement will be entered into the register of statements. As a rule, the procedure for entering the statement on the delegation of work to a foreigner by the employer takes 7 days. When submitting the application through the praca.gov.pl portal, the statement must be submitted no later than 7 days before the foreigner’s planned start of employment. The online system is designed in such a way that it does not allow selecting an earlier date. For example, if the employer wants to enter into an employment contract with a foreigner starting from November 1, 2023, the statement should be submitted no later than October 25, 2023.

From that moment, the employer can proceed with concluding an employment contract with the foreigner without obstacles.

Legality of stay

It should be noted that having a work permit alone does not entitle the foreigner to perform work. They must also possess a document confirming their legal stay in the territory of the Republic of Poland.

Single Permit for Temporary Residence and Work

A single permit for temporary residence and work is granted when the purpose of a foreigner’s stay in the territory of the Republic of Poland is to engage in employment. At the same time, the following conditions must be met:

• The foreigner has health insurance in accordance with the provisions of the Act of August 27, 2004, on healthcare services financed from public funds, or provides proof of coverage by the insurer for medical treatment in the territory of the Republic of Poland.
• The entity delegating the work does not have the possibility to meet its staffing needs in the local labor market.
• The remuneration indicated by the entity delegating the work in the annex to the application for the issuance of the permit is not lower than the remuneration of employees performing comparable work or occupying comparable positions, working the same number of hours.
• The monthly remuneration mentioned in point 3 is not lower than the minimum wage, regardless of the working hours and the type of legal relationship that constitutes the basis for the foreigner’s employment.

As a result of the amendment to the regulations of December 17, 2021, an additional condition for granting the permit has been introduced. However, this condition applies only to foreigners whose purpose of stay is to work in a profession desired for the Polish economy. They may take up employment based on a single permit for temporary residence and work, provided they possess the required qualifications. At the same time, they must meet the conditions mentioned in points 1, 4, and 5 above.

If a foreigner is not granted a single permit, they cannot apply for it if they:

1. Are employees delegated by an employer based outside of Poland (if you belong to this category of workers, check the possibilities of obtaining a temporary residence permit for a foreign employee delegated by a foreign employer).
2. Reside in Poland based on obligations specified in international agreements concerning the facilitation of entry and temporary stay for certain categories of individuals engaged in trade or investments.
3. Engage in business activity in Poland.
4. Perform seasonal work in Poland (e.g., in agriculture or tourism).
5. Reside in Poland based on a visa issued by the Polish authority for tourism purposes or visiting family or friends.
6. Reside in Poland for tourism or visiting family or friends, based on a visa issued by another Schengen Area country.

Who is eligible to submit the application?

Unlike the standard work permit, where the employer submits the application, the application for a single permit for temporary residence and work is submitted by the foreigner themselves. When submitting the application, fingerprints are taken. Therefore, the foreigner cannot submit the application through a representative but must do it in person. They can do so no later than the last day of their legal stay in Poland.

The foreigner submits the application to the voivode (local governor) responsible for their place of residence in Poland. Details regarding the available methods of submitting the application may vary depending on the voivode office. Some offices may offer electronic appointment registration, for example. Information in this regard should be sought on the official websites of the respective authorities.

Documents required for the permit

In order to obtain a single permit for temporary residence and work, the foreigner must submit the following documents:

• Completed application form (the application must be filled out in Polish).
• Annex No. 1 to the application completed by the employer.
• 4 photographs.
• Copy of completed pages of the travel document (e.g., passport).
• Original information from the county office or a document confirming exemption from the obligation to provide it (this document confirms that the employer cannot meet the staffing needs in the local labor market based on the registers of the relevant district labor office for the place where the foreigner will be employed).
• Current document confirming the place of residence in Poland (e.g., lease agreement, registration confirmation, etc.).
• Confirmation of health insurance coverage or coverage of medical expenses in the territory of the Republic of Poland by an insurer.

If the foreigner submits an application that does not have formal deficiencies or if those deficiencies are rectified within the specified period, the voivode will place a stamp impression in their travel document. The foreigner’s stay in Poland is legal from the date of application submission (stamp impression placement). This status remains in effect until the decision on granting the permit becomes final.

The placement of the stamp impression in the travel document does not entitle the foreigner to travel within the territory of other Schengen states. However, the foreigner can travel back to their country of origin. If the foreigner comes from a visa-obligatory country, they must obtain a visa to return to Poland.

What is the nature of the permit decision?

The decision to issue a work permit is of an individual nature, which means it applies only to a specific employer and a specific foreigner. This implies that if the foreigner intends to change employers, they must obtain a new permit for temporary residence and work. The permit is issued by the voivode and is granted for a specified period, not less than 3 months and not exceeding 3 years.

How can we assist?

CGO Legal collaborates with employers who wish to hire foreigners and therefore apply for work permits on their behalf. Our assistance includes assessing the legal situation, determining the required type of application, and preparing and submitting it.