For many foreigners coming to Poland for work purposes, a key challenge is not only finding a job but also legalizing their long-term stay. The Polish legal system requires both issues to be regulated – legal presence in the country and the legal right to perform work. Fortunately, there are mechanisms that allow these two processes to be efficiently combined, primarily by obtaining a single, integrated permit. How does this work in practice?
Temporary stay and work – Two necessary elements
Before we discuss combining the processes, let’s recall the basic principle: for a foreigner (from outside the EU/EEA/Switzerland) to legally live and work in Poland for an extended period (over 3 months), they typically need two separate authorizations:
- Authorization for Stay: Confirmed by a valid national visa (Type D) or a residence permit (temporary, permanent, EU long-term resident).
- Authorization for Work: In the form of a work permit, a declaration of entrusting work (for citizens of specific countries), or being exempt from this obligation under the law.
This system could be complicated, often requiring separate applications and procedures. Therefore, a solution integrating both issues was introduced.
The main solution: temporary residence and work permit (single permit)
The most common and effective way to simultaneously regulate stay and work issues is by applying for a temporary residence and work permit, also known as a single permit (zezwolenie jednolite).
- What is it? It is a single type of temporary residence permit that also includes consent to perform work for a specific employer and under specific conditions.
- For whom? For third-country nationals intending to stay and work in Poland for longer than 3 months.
- Who Applies and Where? The application is submitted by the foreigner themselves (not the employer!) to the Voivode competent for their place of residence in Poland.
- When to Apply? The application should be submitted during the foreigner’s legal stay in Poland (e.g., based on a valid visa, another residence permit, within visa-free travel if it allows submitting an application). Most importantly, it must be submitted before the expiry of the legal stay. Submitting a complete application on time legalizes the foreigner’s stay until the final decision is issued (so-called stay “on stamp”).
- Employer’s Key Role: Although the foreigner is the applicant, your role as the employer is crucial. You must provide the employee with necessary documents for the application, primarily:
- Annex No. 1 to the application: A document filled out and signed by you, containing detailed information about the terms of employment (position, salary, working hours, type of contract, etc.).
- Advantages of the Solution: One application, one procedure at the Voivodeship Office, one decision, and finally one residence card confirming both the right to stay and work for the specified employer.
What does the procedure look like step-by-step (perspective of combining processes)?
- Establishing Cooperation: The foreigner finds an employer (or vice versa). Terms of employment are agreed upon.
- Preparation of Documents by the Employer: As the employer, you prepare Annex No. 1 for the single permit application.
- Submission of Application by the Foreigner: The foreigner, while legally staying in Poland, submits a complete application for a temporary residence and work permit to the competent Voivodeship Office, attaching, among others, the completed Annex No. 1 from you, a copy of their passport, photos, proof of insurance, confirmation of accommodation and means of subsistence, and the stamp duty fee.
- Stay “on Stamp”: If the application was submitted on time and is formally correct, the Voivode places a stamp in the foreigner’s passport confirming the submission. This stamp legalizes the foreigner’s stay until the final decision is issued (but does not authorize travel within the Schengen area).
- Proceedings and Decision: The Voivodeship Office conducts proceedings, verifying the conditions of stay and work. After positive consideration, it issues a decision granting the single permit.
- Collection of Residence Card: After the decision is issued, the foreigner collects the residence card – a document confirming their right to stay and work in Poland according to the conditions specified in the decision.
What if the residence permit is on other grounds? (e.g., studies, family)
A foreigner does not always have a residence permit directly related to work. What if they have a temporary residence permit for studies, due to marriage with a Polish citizen, or on other grounds?
- Can they work? The answer depends on the legal basis of the residence permit held.
- Full-time students: Generally, they can work in Poland without an additional work permit (certain hourly limits may apply depending on the year of study/status – worth checking).
- Spouses of Polish citizens: They have full, unrestricted access to the Polish labor market – they do not need a permit.
- Other residence permits (e.g., due to “other circumstances”): In many such cases, the residence permit itself does not automatically grant the right to work. To legally hire such a person, you, as the employer, will need to additionally obtain a work permit or register a declaration (if applicable to citizens of Ukraine, Armenia, etc.) for them, in addition to their existing residence permit.
Conclusion: If a foreigner already has a residence card, always check the annotations on the card and the content of the decision based on which it was issued – there you will find information about access to the labor market.
Scenario: student wants to take up work after studies
Elena, a citizen of Kazakhstan, is finishing her master’s studies at a Polish university. Her current residence card was issued for the purpose of full-time studies. She finds a job offer in her profession. What should she do to legally take up work and remain in Poland after her “student” residence card expires?
The best solution is for Elena to apply, before her current residence card expires, for a new temporary residence and work permit (single permit) based on the job offer. Her future employer must provide her with Annex No. 1. After obtaining the new single permit, she will be able to legally live and work in Poland based on the new residence card.
Key tips for employer and foreigner
- Plan ahead: The process of obtaining a single permit can take several months. Apply well in advance.
- Cooperate closely: Success depends on good communication and cooperation between the foreigner and the employer (providing documents).
- Ensure completeness of the application: Formal deficiencies significantly prolong the procedure.
- Monitor deadlines: Keep track of the validity dates of visas, residence cards, and application deadlines.
How can we help combine stay and work processes?
The procedure for obtaining a single permit, although integrating processes, still requires knowledge of regulations and diligence. Our law firm offers support for both employers and foreigners:
- For Employers: We assist in the correct preparation of Annex No. 1, and verify the legal status of candidates.
- For Foreigners: We assist in preparing and submitting a complete application for a temporary residence and work permit, monitor the progress of the proceedings, and help with communication with the Voivodeship Office.
We specialize in procedures concerning single permits, helping to effectively combine the legalization of stay and work in Poland.
Combining the processes of legalizing stay and work is possible and beneficial thanks to the single permit mechanism. However, the key is knowledge of procedures, timely action, and good cooperation between the employee and the employer. If you need support at any stage, contact us.
(Please remember that the information contained in this article is general in nature. Each situation requires individual legal assessment. Always check current information on the websites of the Office for Foreigners and the relevant Voivodeship Office.)
