Publication date: 01.09.2024
Peculiarities of employment of foreigners in Poland
The process of obtaining a work permit in Poland may seem complicated, especially for those who are new to the procedure. It is important to understand that the legal analysis of each applicant's situation is unique and requires an individual approach. Polish law provides for several types of work permits, each of which has its own specifics and requirements.
The main types of work permits in Poland are:
- Type A - for foreigners working in Poland on the basis of an agreement with an employer registered in Poland.
- Type B - for foreigners who are members of the management board of companies registered in Poland.
- Type C - for employees seconded to Poland by a foreign company.
Before starting the process of obtaining a permit, it is recommended to conduct a legal analysis of the documents and determine which type of permit is best suited to your situation. This will help to avoid mistakes and speed up the process.
Required documents and application procedure
To obtain a work permit in Poland, you need to prepare a number of documents. A legal opinion on the completeness and correctness of these documents can significantly increase the chances of successfully obtaining a permit.
The standard list of documents includes:
A completed work permit application form
A copy of your passport
Photos.
Documents confirming qualifications and work experience
The procedure for submitting documents involves their submission to the voivodeship office at the employer's place of registration. A legal analysis of the documents by a lawyer before submission may help to identify and correct possible deficiencies, which will reduce the risk of rejection.
Question
Is it possible to obtain a work permit in Poland on my own, without the help of a lawyer?
Answer
Theoretically, you can obtain a work permit in Poland on your own, but practice shows that legal advice significantly increases the chances of success. A lawyer in Poland will help you prepare documents correctly, avoid common mistakes and speed up the process. In addition, in case of difficulties, the lawyer will be able to provide qualified support and represent your interests before the Polish authorities.
Peculiarities of the process for different categories of employees
The process of obtaining a work permit may differ depending on the category of employee and the type of work. For example, for highly qualified specialists, there is a simplified procedure for obtaining a work permit and a local residence permit - the so-called EU Blue Card. A legal analysis of the situation will help determine whether you fall into this category.
Categories of workers with special conditions:
- Seasonal workers
- Scientists and researchers
- Students
- Workers in the IT sector
Each of these categories has its own nuances in the process of obtaining a work permit. For example, students can work without a permit for a certain period of time, and there is a special type of permit for seasonal workers. The service of a legal opinion of a lawyer will help you to understand all the subtleties and choose the best way to legalize your work in Poland.
Processing time and possible grounds for refusal
The processing time for an application for a work permit in Poland may vary depending on the region and the workload of the relevant authorities. Usually, an online lawyer can provide a lawyer's advice on the approximate timeframe in a particular voivodeship.
Typical reasons for refusal to issue a work permit:
- Incomplete package of documents
- Inconsistency of qualifications with the requirements of the position
- Violation of labor laws in the past
If you receive a refusal, it is important to understand the reasons for it and the possibilities of appeal. Written advice from a lawyer in such cases can be invaluable, as it will help you understand the prospects for appeal and develop a strategy for further action.
Extension and revocation of a work permit
A work permit in Poland is issued for a certain period of time, after which it must be extended. The extension process is often simpler than obtaining an initial permit, but still requires attention to detail and compliance with all formalities.
Important aspects of the permit renewal:
Timely submission of the extension application
Confirmation of compliance with the conditions of the previous permit
Providing up-to-date information about the employer and working conditions
Question
What should I do if the working conditions differ from those specified in the work permit?
Answer
If the working conditions differ significantly from those specified in the work permit (for example, a change in position, salary or place of work), you should seek a legal analysis of the documents and a legal opinion from a lawyer. In most cases, it will be necessary to obtain a new work permit or amend the existing one. Ignoring this requirement may lead to the revocation of the permit and problems with staying in the country.
It is worth remembering that a work permit can be revoked for various reasons, including violation of employment conditions or Polish law. A lawyer in Warsaw can provide detailed advice on your rights and obligations as a foreign worker to avoid the risk of revocation of your permit.
Obtaining a work permit in Poland is a complex process that requires careful preparation and attention to detail. Although it is theoretically possible to go through this procedure on your own, practice shows that professional legal assistance significantly increases the chances of success and helps to avoid many potential problems. A legal analysis of the situation, preparation and review of documents by a lawyer, as well as consultations at various stages of the process can save time, nerves, and ultimately money.
If you are planning to work in Poland or have already encountered difficulties in the process of obtaining a work permit, we recommend that you contact the legal marketplace CONSULTANT. Here you will be able to find a qualified lawyer in Poland who will provide you with personalized advice, conduct a legal analysis of your situation and help you successfully complete all stages of obtaining a work permit. Do not risk your future in Poland - entrust your legal issues to professionals from the CONSULTANT.
