Type A work permit is issued to foreigners who will perform work in Poland on the basis of an agreement with an entity whose seat or place of residence, or a branch, plant or other form of organized activity is located in Poland. In order to obtain a work permit, the amount of the foreigner’s remuneration may not be lower than the minimum remuneration, and may not be lower than the remuneration of employees performing work of a comparable type or in a comparable position. In addition, the employer, employing the foreigner should have a certificate from the starost (district head) responsible for the main place of performing work by the foreigner, confirms the inability to meet the employer’s HR needs with the workforce from the local labour market. The work permit is issued for a specified period of time up to three years. It is the employer who applies for a work permit for a foreigner. Documents are submitted to the Voivodeship office or they can be submitted online. In addition to the application, such documents must be submitted:
• a statement that the employer has no criminal record;
• documents confirming the identity of the employer (e.g., a copy of an identity card or travel document, an excerpt from the register, a memorandum of association, a certificate of incorporation);
• a copy of the foreigner’s travel document or a copy of another valid document proving the foreigner’s identity if the foreigner does not have a travel document;
• proof of payment (the administrative fee is 50 PLN if the work permit is issued for up to three months or 100 PLN if the period of work is longer);
• the starost’s information on the local labor market;
• documents confirming the fulfillment of qualification requirements and other conditions necessary to perform work in a regulated profession (if the foreigner is going to perform work in a regulated profession);
• documents confirming that the foreigner meets the requirements for job candidates, as specified in the information provided by the starost.
The decision takes the form of an administrative decision issued by the Voivode. In the case of a negative decision, the appeal should be submitted within 14 days to the Minister of Family and Social Policy, via the Voivode. Within the framework of Login Legal Experts’ activities, we offer consultations with an expert, during which the case will be discussed in details, act on the basis of a power of attorney in the preparation of documents, contact with authorities and settling the case.