List of professions exempt from the starosta’s opinion – Check if yours qualifies

Hiring a foreigner from outside the European Union, European Economic Area, or Switzerland usually involves obtaining a work permit for them. One of the key elements of the standard procedure for applying for the most popular Type A permit is attaching the starosta’s information about the inability to meet the employer’s staffing needs based on the local labor market to the application. This procedure, commonly known as the labor market test (test rynku pracy), aims to protect jobs for Polish and EU citizens. However, carrying it out extends the entire process by at least 14-21 days. Fortunately, Polish law provides for situations where obtaining this opinion is not necessary. When can the labor market test be omitted?

What is the starosta’s information and why is it required?

Typically, before you, as an employer, submit an application for a Type A work permit to the voivode, you must submit a job offer to the competent District Labor Office (PUP). The PUP checks whether there are candidates meeting your requirements in the registers of the unemployed and job seekers. If suitable candidates from the local market are not found (or recruitment organized by the PUP yields no results), the starosta issues the relevant information. Only with this information can you effectively apply for a work permit for the foreigner.

Exemption from the labor market test – When do you not need the starosta’s opinion?

There are several situations where an employer is exempt from the obligation to attach the starosta’s information to the application for a Type A work permit. The most important ones are:

1. Shortage Occupations – Voivodes’ Lists:

• What is it? The most important and most frequently used exception. Each voivode, annually, by regulation, determines a list of professions in which there is a significant staff shortage in that particular voivodeship. These are the so-called shortage occupations.
• How it works: If the position for which you want to hire a foreigner is on the current list of shortage occupations published by the voivode competent for the place of work, you are exempt from the obligation to conduct the labor market test.
• Where to Find the Lists? This is crucial: there is no single, nationwide list. The lists are regional and published by individual voivodes. You can usually find them on the websites of the Voivodeship Offices (Urzędy Wojewódzkie) (in sections concerning foreigners, labor market, or in the Official Journals of the Voivodeships). Remember to check the list valid for the current year!

2. Entrusting Work to a Citizen of a Specific Country (e.g., Ukraine):

• Special regulations may exempt from the obligation to obtain the starosta’s information when applying for a work permit (e.g., Type A) for citizens of specific countries. Currently, this primarily applies to citizens of Ukraine – as a rule, when applying for a standard work permit for a Ukrainian, you do not need to attach the starosta’s information. This simplifies the permit procedure if, for some reason, the even simpler notification path via praca.gov.pl is not applicable (e.g., if the Ukrainian was in Poland before Feb 24, 2022).

3. Other Circumstances:

• Continuation of work: When a foreigner continues to work for the same employer in the same position (e.g., application for permit extension).
• Specific period of stay: In some cases, if the foreigner resided legally in Poland for a certain period before submitting the application.
• Specific occupations or positions: E.g., doctors and dentists after internship, plenipotentiaries of foreign entrepreneurs’ branches, board members under certain conditions, pilots, sports coaches.
• Holding a work permit with another employer: In some situations, if the foreigner already held a work permit for a specified period.

Note: These categories are more specific, and it should always be carefully verified whether all statutory conditions are met.

How to check if a profession is on the shortage list? Step-by-step

1. Identify the voivodeship: In which voivodeship will the foreigner physically perform the work?
2. Find the Voivodeship Office website: Go to the official website of the Voivodeship Office for that voivodeship.
3. Search for information: Look for tabs like “Foreigners,” “Labor Market,” “Work Permits,” or “Legal Acts / Voivode’s Regulations.”
4. Find the regulation: Locate the latest Regulation of the Voivode regarding the criteria for issuing work permits for foreigners in the X voivodeship. It is usually issued once a year and contains the list of occupations exempt from the starosta’s opinion requirement.
5. Check the list: Carefully read the list (often in the form of an annex to the regulation). Check if the exact job title you plan to hire for and/or its occupation code (according to the classification of occupations and specializations) is on this list. The naming must be precise.
6. Note the date: Make sure you are using the regulation currently in force for the year.

Benefits of exemption from the labor market test

If the position you are recruiting for qualifies for exemption from the labor market test, you gain:

• Time savings: You avoid the PUP procedure lasting 14-21 days (or sometimes longer).
• Simplified procedure: You submit fewer documents to the voivode.
• Faster work permit issuance: The overall process can be significantly shorter.

Scenario: hiring a nurse (shortage occupation)

A hospital in the Łódzkie voivodeship wants to hire a qualified nurse from outside the EU. The HR department checks the latest regulation of the Łódzki Voivode. It turns out that the profession “nurse” (pielęgniarka) is on the list of shortage occupations for this voivodeship.

Therefore, when applying for a Type A work permit for this nurse to the Łódź Voivodeship Office, the hospital does not need to attach the starosta’s information. It is sufficient to reference the fact that this profession is listed in the current voivode’s regulation as exempt from this requirement in the application. The entire permit process proceeds faster. (Of course, the nurse still needs to meet other requirements, e.g., regarding recognition of qualifications and the right to practice in Poland, and hold a legal residence title).

Need help with verification or the procedure?

Checking voivodeship lists of shortage occupations and interpreting exemption regulations can be time-consuming. Our law firm offers support:

• We help verify if a position in your company and a given voivodeship qualifies for exemption from the labor market test.
• We assist in preparing and submitting the work permit application, correctly justifying the exemption from the obligation to attach the starosta’s information.
• We provide comprehensive handling of the work permit procedure, also in situations where the labor market test is required.

The possibility of omitting the labor market test is a significant simplification in the process of hiring foreigners. However, the key is to thoroughly check the current, regional regulations. Contact us if you need support in this area.

(Please remember that the lists of shortage occupations are determined by voivodes and are valid only within the territory of the respective voivodeship. They change annually. The information in this article is general and does not constitute legal advice. Always verify the legal status with official sources.)