Comprehensive legal services for processes related
with the employment of a foreigner in Poland
According to the Polish law, an application for a work permit or a declaration on entrusting work to a foreigner is made by the EMPLOYER, not by the foreigner himself. In this respect, it is up to the entrepreneur to obtain all administrative decisions required by law. Failure to do so results in the employer’s criminal liability for illegal employment of the Foreigner. As a consequence of failure to fulfil the obligations provided for by law, the employer is burdened with a financial penalty and a prohibition on employing Foreigners, whereas the Foreigner is granted the status of an illegal worker and, as a consequence, receives an order to leave Poland as well as an entry ban of minimum 6 months.
If you are afraid of such a risk that your valuable employee will be expelled from the country and at the same time it is important for you to carry out the full administrative process in the shortest possible time, without having to appear in person with the competent authorities, without a necessity to fill in a number of complicated documents and complete the necessary attachments, without additional visits and contacts with representatives of public administration, without having to remind and urge officials to act – we recommend that you take advantage of our offer. We, on your behalf, will obtain all necessary permits, approvals and other necessary administrative decisions. Don’t waste your precious time, and consequently, don’t waste your money.
According to Polish law, the Foreigners can take up employment in Poland if:
- they have a biometric passport (provided that the period of stay has not been exceeded) or a valid visa. This does not apply to visas issued for:
- tourist purposes,
- visiting family and friends,
- use of temporary protection
- arrival for humanitarian reasons,
- a temporary residence permit (except for a temporary residence permit due to circumstances requiring a short stay on the territory of the Republic of Poland)
- obtaining a Temporary Residence Permit in connection with being a family member of a foreigner having the right of residence in Poland
- obtaining a residence and work permit requiring special high qualifications (the so-called Blue Card);
- obtaining a type A work permit – issued to a Foreigner performing work on the territory of Poland, on the basis of an agreement with an entity whose registered office, place of residence, branch, plant or other form of organised activity is located on the territory of Poland;
- obtaining a type B work permit – issued to a Foreigner who performs a function in the management board of a legal person entered in the register of entrepreneurs, performs a function in the management board of a legal person being a share-holding company in the process of formation, handles matters of a limited partnership or a limited joint-stock partnership as a general partner or a proxy – provided that in the following 12 months the Foreigner performed this function for over 6 months;
- obtaining a type C work permit – issued for a Foreigner working in a foreign company and posted to work in Poland for more than 30 days a year;
- obtaining a type D work permit – issued for a Foreigner temporarily posted to work in Poland and employed in a foreign company which has no branch or subsidiary in Poland;
- obtaining a type E work permit- issued to a Foreigner posted to work in Poland for more than 30 days within the next 6 months;
- obtaining a declaration on work entrustment to foreigners (for citizens of the Republic of Armenia, the Republic of Belarus, The Republic of Georgia, the Republic of The Republic of Moldova, the Russian Federation and Ukraine).
Employer Poland also offers Entrepreneurs permanent legal services and legal advice for entities employing Foreigners, legal support for the process of employee migration from one employer to (another) other company, as well as advice on optimising the costs of employing an employee from outside the EU.