The application for the issuance of a permit for temporary residence and work have to be submitted in person by the foreigner for whom such a permit is to be issued. Unlike in the case of a work permit, it is not done by the employer. The foreigner is the applicant here, and it is in their interest to fulfill this obligation. In short, the employer is responsible for obtaining the work permit, while the employee is responsible for legalizing their residence.
The application for a permit for temporary residence must be submitted personally by the foreigner, no later than on the last day of legal residence in Poland. It is not recommended to delay submitting the application for temporary residence; it is even suggested to do so immediately upon arrival in Poland. This approach will help avoid the stress associated with the lengthy processing of the application by the relevant Voivode. However, if it happens that the foreigner's visa is about to expire shortly and it is impossible to schedule an appointment at the office for personal submission of the application and fingerprinting, I recommend submitting the application for a permit for temporary residence and work at the submission desk of the Voivodeship Office or sending the application by post to the office address with confirmation of receipt. Such action will ensure the legality of the stay, even if the appointment for fingerprinting is scheduled after the expiration of the visa. The most important thing in this matter is the date of the postmark on the envelope addressed to the Voivodeship Office or the date on the stamp confirming the receipt of the application at the submission desk of the office.
The foreigner should submit an application for TRC - temporary residence permit - if intend to stay in Poland for more than 3 months and the main purpose of the stay is for example employment based on an employment contract or a civil law contract (freelance contract).
Documents needed to obtain a stamp in the passport (so-called formal requirements):
● Application in 2 copies
● 4 passport-sized photos
● Copy of a valid travel document (original for inspection)
● Attachment No. 1 (annex 1 / załącznik 1) to the application completed entirely by the employer, signed by a person authorized to represent the company
● Confirmation of payment of the administrative fee for the application PLN 440.00
With the above documents, the Voivode will formally initiate administrative proceedings.
What additional documents must be submitted to obtain a single permit?
● Insurance. The foreigner must have confirmation that they have health insurance – funded from public funds (National Health Fund) or private (insurance policy), which will cover the costs of treatment in Poland
● Starost information - original information from the labor office or a document confirming exemption from this obligation - e.g., a work permit or diploma from a Polish university.
● Additional: work contract, home contract, pesel etc.
In Attachment No. 1 to the application, the employer specifies the amount of remuneration proposed for the foreigner for work, which cannot be lower than the minimum wage, regardless of the working time and type of contract under which the foreigner performs or will perform work.
The permit is issued for a period not exceeding 3 years. The duration of the permit depends primarily on the period for which the employer intends to entrust work to the foreigner.
The permit issued by the Voivode for residence and work entitles the foreigner to work in Poland only under the conditions specified therein. This means that the foreigner cannot work for another employer on this basis. If the employer changes, the foreigner should submit an application to amend the permit for temporary residence and work, or alternatively, a new application for temporary residence and work.
It is the foreigner's obligation to inform the Voivode who issued the permit of the termination of employment within 15 days of losing employment. If the foreigner wants to work for another employer, they must submit an application to amend the permit for temporary residence and work. If the foreigner does not submit an application to amend the permit for temporary residence and work or does not submit a new application for temporary residence and work, the Voivode may initiate the procedure to revoke the permit for temporary residence because the purpose of the stay declared by the foreigner when submitting the application for temporary residence has ceased.
What are the most common mistakes in the application for the issuance of a permit for temporary residence and work and its attachments?
● Submitting copies of documents not certified as true copies of the originals
● Providing false information regarding criminal record or alimony
● Signing Attachment No. 1 by a person not authorized to represent the entity
● Failure to provide power of attorney for the person who signed Attachment No. 1 on behalf of the employer
● Lack of a legible signature of the person authorized to represent the entity assigning work on Attachment No. 1
● Failure by the employer to fill in information regarding criminal record, included on page 4 of Attachment No. 1, i.e., points 1-7
● Signing the application with the name and surname of a child (the application must always be signed by a legal guardian)
