Who can apply for a work permit?

• Foreigners who are arriving or staying in Poland in purpose of performance a work. Applying for a work permit is a separate proceeding, independent of proceeding for legalizing a foreigners stay in Poland

For a work permit can apply a foreigner, who stay in Poland on the basis of:

• 1. National visa issued in purpose other that : tourism, proceeding for granting an asylium, temporary protection, arrival according to humanitarian considerations, interest of a state or international obligations
• 2. Uniform stay visa or other documents which legalize foreigner stay issued by authorities of Schengen states
• 3. States which are party to agreement about free-visa travel (if the provisions of agreement states that a foreigner is entitled to carry out a work in territory of Poland) List of states which signed agreement with Poland about : http://www.msz.gov.pl/pl/informacje_konsularne/przyjazd_do_polski/lista_panstw/lista_panstw
• 4. With a residence permit for a fixed period 

Foreigners with a residence permit for a fixed period who do not need a permit:

• 1. Foreigner is a spouse to a Polish citizen for the duration of validity of residence permit for a fixed period
• 2. Foreigner who is a spouse to a foreigner with granted refugee status, subsidiary protection settlement permit, residence permit for EC long-term resident, tolerated stay or temprorary protection – for the duration of validity of residence permit for a fixed period
• 3. Students of full-time studies during summer months – July, August, September

Foreigners released from the obligation of having work permit:

• 1. he/she has a refugee status granted in the Republic of Poland
• 2. he/she has a permit for settlement in the Republic of Poland
• 3. he/she has a residence permit for a long-term EC resident for stay in the Republic of Poland
• 4. he/she has a permit for tolerated residence in the Republic of Poland
• 5. he/she was granted a complementary protection in the Republic of Poland
• 6. he/she avails of temporary protection in the Republic of Poland
• 7. he/she is a national of a European Union Member State
• 8. he/she is a national of a country of the European Economic Area which does not belong to the European Union
• 9. he/she is a national of a country which is not a party to the agreement on the European Economic Area and who has the right to avail of the freedom of movement of people pursuant to the agreement concluded by such country with the European Community and its member states
• 10. he/she is a family member of a foreigner referred to in points 7-9 or is a descendant of such foreigner's spouse at the age of up to 21 or depends financially on such foreigner or his/her spouse or is an ascendant of such foreigner or his/her spouse and depends financially on such foreigner or his/her spouse
• 11. he/she is a person referred to in Art. 19, Item 2-3 of the Act on the entry, residence in and exit from the Republic of Poland of nationals of the European Union Member States and their family members of 14 July 2006 (Dz.U. [Journal of Laws] No. 144 Item 1043, of 2007 No. 120 Item 818 and of 2008 No. 216 Item 1367)

Types of work permit:

• Type A – if a foreigner performs work in the Republic of Poland pursuant to a contract with an employer whose registered office, place of residence, branch, facility or other form of business is located in the Republic of Poland
• Type B - if a foreigner stays in the Republic of Poland for a period the total length of which exceeds 6 months in 12 consecutive months for the reason of performing a function in the management board of a legal person which has been entered into the register of entrepreneurs or which is a company in organisation
• Type C - if a foreigner performs work for a foreign employer and is delegated for a period exceeding 30 days in a calendar year to a foreign entity's branch or facility located in the Republic of Poland, its subsidiary or affiliate bound with such foreign entity by a long-term cooperation contract
• Type D - if a foreigner performs work for a foreign employer without a branch, facility or other form of business in the Republic of Poland and is delegated to the Republic of Poland for the purpose of execution of a service of temporary and casual nature (export service)
• Type E - if a foreigner performs work for a foreign employer and is delegated to the Republic of Poland for a period exceeding 3 months within the next 6 months for the purpose other than that indicated in points 2-4

Stamp duties:

• 50 PLN – in case of application for work permit for a period of time no longer than 3 months
• 100 PLN – in case of application for work permit for a period longer than 3 months
• 200 PLN – in case of D-type work permit application

In case of prolongation the fees are a half of an amount of money mentioned above.
How long takes a proceeding for work permit?

• An application should be filed no later than 45 days before expiration of the previous work permit

Period of validity of work permit:

• - 2 years – If a foreigner is applying for a work permit to performance work of specified types
• - Up to 5 years – Voivode can issue a work permit for a foreigner who is applying for a work permit for a reason of performing a function in the managment board of legal person which employs more than 25 employees
• - Up to 3 years(for a duration of a delegation) – In case of employees delegation in purpose of execution of a service
• - Up to 3 years (for a duration of an implementation of a contract) - In case when a foreigner is performing a work in the territory of Poland for a foreign entity which is bound by long-term cooperation contract
• - 12 months – In other cases

Citizens of states:
Republic of Belarus, Republic of Moldova , Republic of Georgia. Russian Federation, Ukraine

Citizens of Belarus, Russia, Ukraine, Moldova and Georgia are released from possesing a work permit if they want to perform a work in the territory of Poland for a period of time no longer than 6 months during next 12 months. In this situation foreigners can work on basis of declaration on intention of employ a foreigner.

If a citizen of the states mentioned above was performing a work for last 3 months for one and the same employer, he/she is released from applying for an opinion of a starost about lack of takers from Poland and EU