The Voivodeship Office will refuse to initiate the procedure for a temporary residence and work permit, if the foreigner, on the day of submitting the application for this permit, stays in Poland on the basis of a visa issued for the purpose of:

• tourism (national and Schengen visa);
• visiting family or friends (national and Schengen visa);
• on the basis of a visa issued for the purpose of tourism or visiting family or friends by another Schengen country.

Yes, if:

•  is exempt from the obligation to have a work permit;
•  has a work permit and submitted the residence application on time, it did not contain formal defects or it was supplemented on time, the Voivode placed a stamp in the foreigner’s passport confirming the submission of the residence application, and the foreigner’s stay is considered legal from the date of submission of the residence application to the date, in which the decision on granting a temporary residence and work permit will become final, if immediately before submitting the application, he/she was entitled to work in the territory of the Republic of Poland;
•  has a declaration on entrusting work to a foreigner while awaiting the issuance of a temporary residence and work permit.

The declaration may be entered into the declaration register for a period of 24 months by the poviat labour office competent for the seat or place of permanent residence of the entity entrusting the performance of work to a foreigner. Pursuant to the applicable regulations, the date of commencement of work indicated in this declaration will take place no later than 6 months from the date of submitting the declaration. The entity entrusting work to a foreigner has 7 days – from the date of commencement of work specified in the register of declarations – to notify the competent office of the foreigner taking up work.

According to the applicable regulations, from January 29, 2022, the employer has the option to register a declaration of entrusting work to a foreigner for a maximum of 2 years.