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Residence and work

Frequently asked questions

  1. I apply for a temporary residence and work permit - who should sign Annex number 1 to the application for temporary residence permit?

The annex must be completed and signed by the employer with their full name. In the case when the employer is a legal person, for example a limited liability company –the application must be signed by persons authorized to represent it, listed in the National Court Register. The employer may also be represented by an attorney, in such a case it is necessary to attach a written authorization to the case file.

 

  1. I apply for a temporary residence and work permit–what does the length of permit depend on?

The period of validity of a temporary residence permit depends on the validity of the contract, which the employer concluded with the Foreigner. The employer’s declaration concerning the anticipated period of employment, provided in Annex 1 to the application for a temporary residence permit, is also taken into account.

 

  1. I submitted the application for extending the time for attaching the district governor’s information and my application was left unprocessed, why?

Failure to provide the district governor’s information is the formal deficiency of the application. This means that the Foreigner or their attorney is invited to complete it within 7 days of collecting the request. Exceeding this time limit results in leaving the application unprocessed. The seven-day period is a time bar, which means that it cannot be extended or postponed. Submitting the district governor’s information after its expiration does not cause the initiation of proceedings. It should be noted that the District Labour Offices issue district governor’s information within 14 to 21 days, therefore it is advisable to submit the application with attached district governor’s information.

 

  1. What should I do when the application for a temporary residence permit has been left unprocessed?

If the failure to meet the deadline to overcome formal deficiencies of application did not occur due to the foreigner’s fault or for reasons beyond the foreigner’s control, a request to restore the deadline to complete the formal deficiencies of application can be submitted within 7 days from the date when the cause of the failure to meet the deadline has been rectified. Along with the request, it is necessary to submit required documents, justify the request and indicate the causes of the failure to meet the deadline to complete the documents.

 

  1. I submitted the application for a temporary residence permit - can I perform work in the course of proceedings?

The foreigner may work if he or she:

  • has a work permit,
  • has an employer’s statement registered in the District Labour Office
  • has already had a work permit or temporary residence permit in order to perform work and is still employed at the same employer and at the same position

is exempt from the requirement to have a work permit.

It should be noted that the district governor’s information does not entitle to perform work.

 

  1. I work in Poland, I’m in a non-marital relationship with a Polish citizen, and I also learn in post-secondary school. Can I obtain a temporary residence permit due to all these circumstances?

No, because there is no possibility to cumulate legal bases for granting a temporary residence permit, if one of the conditions is the performance of work (art. 114 of the Act on Foreigners). A temporary residence and work permit contains the elements of a residence permit and work permit, and is granted for a specific employer, a specific position, indicates working hours and remuneration.

 

  1. How can I change the temporary residence and work permit when I found a new employer?

It is not possible to change a temporary residence and work permit when you want to change the employer. You should then submit a new application for a temporary residence permit.

 

  1. The employer wants to change working conditions specified in my contract and temporary residence and work permit. What should I do?

In this case, it is necessary to submit an application for the change of temporary residence and work permit. Such application must be accompanied by new district governor’s information, taking into account new conditions of employment and a new contract with an employer, which is the basis for employment.

 

  1. I set up a business in Poland - a limited liability company, I am a partner and member of the board and I also work for this company as a salesman. Can I obtain a permit for temporary residence, work and business at the same time?

No, there is no possibility of granting a residence permit due to running business and work. You should apply for a residence permit due to running business, and additionally obtain a separate permit to work as a salesman in the company that you founded.

 

  1. Can I obtain a temporary residence and work permit if I work on a trial period?

Employment contracts for a trial period are concluded for a period not exceeding three months, whereas temporary residence permits is granted in cases when the circumstances giving rise to granting it justify the foreigner's stay in Poland for a period longer than 3 months. Thus, there is no possibility of granting a temporary residence permit on account of an employment contract for a trial period.

 

  1. Do I always have to present a tax return PIT-37, PIT-40 for the previous year?

Tax returns must be attached to the case file when the foreigner performed work and settled the obtained income with the Tax Office. If the foreigner had a work permit or the employer’s statement from the District Labour Office and did not take up the employment, an appropriate written explanation must be submitted to the case file.

 

  1. Where can I obtain a certificate on fulfillment of the fiscal obligations towards the National Treasury or a certificate on no tax arrears?

Such certificates are issued by Tax Offices.

 

  1. I submitted the application for a temporary residence within the time limit - can I travel on the basis of a stamp, which has been placed in my passport?

No, the stamp confirms the submission of application for a temporary residence permit, and the foreigner's stay is considered legal from the date of submitting the application to the date on which the decision in this matter becomes final. The stamp does not entitle to legal travel. The foreigner can go to the country of origin, but it does not authorize to re-enter to Poland.

 

  1. I have a residence card and the employer has terminated the contract with me or I resigned from performing work. What should I do in such a situation?

You should inform the province governor about cessation of the reasons for granting a temporary residence permit within 15 working days, in accordance with the instruction included in the possessed decision.

 

  1. I have an employer’s statement registered in the District Labour Office, but I did not take up the employment. I found a new employer. Can I apply for a temporary residence?

Yes, you must submit the application or attach a written explanation of the reasons for not taking up the employment to the application.

 

  1. Can I take up employment if I have a tourist visa?

You cannot take up employment if you have a tourist visa.

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Published by Michał Lewandowski, 17.08.2016, Number of hits: 14380, Change Log