Work Permit for a Foreigner

When is a Work Permit Required?

Generally, if you want to hire a citizen from a country outside the European Union, the European Economic Area (EEA), and Switzerland, you must obtain a work permit for them. This obligation rests on you as the employer.

There are certain exceptions to this rule (e.g., for holders of a permanent residence permit, EU long-term resident permit, graduates of full-time Polish universities, holders of the Pole’s Card (Karta Polaka), or under the simplified procedure known as the “declaration of entrusting work” for citizens of specific countries). We will help you determine if a permit is necessary for your candidate or if they qualify for a simplified procedure or are exempt from this requirement.

Types of Work Permits – Which One Does Your Company Need?

Polish law provides for several types of work permits, depending on the nature of the employment and the foreigner’s situation. The most common is:

• Work permit for employment with a Polish entity: When you employ a foreigner who will perform work in Poland based on a contract with your company, which is based in Poland.

There are also other, more specific types of permits:

• Work permit related to performing a specific function: For a foreigner holding a position on the management board of a Polish company.
• Work permit related to delegation by a foreign entity: For employees posted to Poland by a foreign employer and for atypical situations not covered by the above categories.

You don’t need to be an expert on all types – our Law Firm will help you identify and obtain the appropriate type of permit for your future employee.

What Does the Work Permit Application Process Look Like?

The procedure for obtaining a standard work permit requires your involvement as the employer. The key steps are:

1. Submitting the application to the Voivode: You submit a complete application for a work permit to the Voivode competent for your company’s registered office or the place where the foreigner will perform work.
2. Verification and decision: The Voivodeship Office analyzes the application and attached documents. The procedure can take from several weeks to several months.
3. Issuance of the permit: After a positive review of the application, the Voivode issues the work permit. You must provide the original document to the foreigner.
4. Visa or residence card for the employee: The work permit serves as the basis for a foreigner (residing abroad) to apply for a national visa at a Polish consulate, allowing them to enter Poland and start work. If the foreigner is already legally in Poland, the permit can be the basis for obtaining a temporary residence permit for work purposes.
5. Concluding the contract and registrations: After the employee’s arrival and completion of residence formalities, you sign a contract with them (the conditions must comply with the permit) and make the necessary registrations (e.g., with ZUS – Social Insurance Institution).

Our Role: We will guide you through each of these stages – from analyzing, through preparing and submitting the application, to monitoring the case at the office.

What Documents Do You Need to Prepare as an Employer?

The list of required documents typically includes:

• The completed work permit application form.
• Proof of payment of the application fee.
• Your company’s registration documents (KRS/CEIDG excerpt).
• A copy of the foreigner’s valid passport.
• Documents confirming the foreigner’s qualifications (if required for the position).
• Declarations regarding the employer’s criminal record status.

The exact list depends on the permit type and specifics of the employment – we will help you compile all necessary documents.

For How Long is the Permit Issued and Can It Be Extended?

A work permit is issued for a fixed period, usually no longer than 3 years, but the Voivode may issue it for a shorter period. It is strictly tied to your company, the specific position, and the terms of employment.

If you wish to continue employing the foreigner after the permit expires, you must apply for its extension sufficiently in advance. We will help you manage deadlines and prepare the documentation for the permit extension.

Why Entrust Us with the Formalities of Hiring a Foreigner?

By choosing our Law Firm, your company gains:

• Legal Compliance: We operate based on the latest regulations, minimizing the risk of errors and penalties.
• Time Savings: We handle all the bureaucracy, allowing you to focus on your strategic business goals.
• Comprehensive Service: We have experience with all types of work and residence permits.
• Efficiency: Our goal is to obtain the necessary documents for your employees as quickly and smoothly as possible.
• Clear Communication: We keep you informed about the case status using understandable language.