When deciding on the employment of foreign employees, it is necessary to know the legal regulations and procedures that allow for legal employment of foreigners in Poland. It is worth remembering that every foreigner who is not exempt from the obligation to have a work permit in Poland under the current legislation must have a relevant document if they want to take up employment in Poland. One of the ways of legalizing work of a foreign employee in Poland is the type A work permit.
What is a type A work permit and what possibilities does it offer?
Type A work permit is a document issued by the Voivode’s Office (relevant for the seat of the employer), on the basis of which a foreigner can apply for a visa or can extend legal work in Poland. The application for a permit is submitted by an employer who intends to employ a foreign employee. The employer is also obliged to pay the fee for the work permit for the foreigner. A type A work permit is issued for a period not longer than 3 years and can be extended after that time.
Type A work permit – procedure
Labour market test
The first step to be taken by an employer who decides to employ a foreigner based on a type A work permit is to obtain information from the starost office (relevant for the foreigner’s future place of work) on the lack of possibility to meet the staffing needs based on the registers of unemployed persons and jobseekers or on the negative result of recruitment organized for the employer. In other words – it is necessary to verify the local labour market with regard to the availability of candidates for the offered position. The starost’s opinion is valid for 6 months. An exception is a situation when an employee is exempt from such an obligation and already has a relevant document issued by the starost.
Fee for the work permit for a foreigner
Depending on the planned length of employment of a foreigner, prior to submitting the application, the employer should pay a fee for the work permit for a foreigner onto the bank account indicated by the Voivode’s Office. The fee amounts to: PLN 50 for permits issued for up to 3 months and PLN 100 for permits issued for longer than 3 months.
The employer who already has the opinion of the starost and has made the necessary payment, for which he has a proof of payment, has to prepare other documents needed for issuing a work permit for a foreigner in Poland. In order to avoid formal deficiencies and the resulting prolongation of the procedure of processing the application, it is advisable to also enclose: copies of all non-blank pages in the foreigner’s passport, a statement on the employer’s clean criminal record, the company’s articles of association or notary deeds of incorporation, the original power of attorney or authorization if the employer does not submit the documents in person.
Submission of the application to the Voivode’s Office
The application for a work permit for a foreigner, together with all attachments, shall be submitted by the employer to the Voivode’s Office. The application has to be signed by the person authorized to represent the company. It is worth remembering that the work permit is issued for a specific employer, a specific foreigner and only for work performed in a specific place and on a specific position. A change of employer or employment conditions (especially the position) requires starting the procedure from the beginning.
When to apply for a type A work permit?
As a rule, the voivode’s office has 30 days to consider the application and issue a decision. However, one should take into account the time necessary to deliver the obtained permit to the foreigner (it is often a matter of sending the document abroad) and additionally the time needed by the employee to apply for a visa. Due to the complexity of the procedure, it is often worth using the services of experienced experts from an employment agency. EWL S.A.’steam supports business with their know-how, but also closely follows changes in legislation, ensuring that matters are dealt with in a timely manner, and maintains constant contact with offices and employees awaiting documents. We look forward to working with you!
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