Residence legalisation on the basis of work and residence permits
The new Act on foreigners introduced many changes for foreigners applying for a residence permit for work purposes, as well as for their employers.
A big simplification for people extending their employment period with the same employer and on the same position is that there is no need for the employer to personally apply for a work permit prior to submitting an application for temporary residence. Now, the foreigner can handle all formalities within one procedure.
The situation has not changed significantly in case of foreigners applying for a permit for residence and work for a new employer.
The set of documents which should be submitted together with an application can be divided (the same as previously) into formal documents (without supplying these the procedure is not even initiated, and if they haven’t been submitted within 7 days the application will be left unprocessed) and additional documents (necessary to issue a positive decision).
NOTE! The number of copies of these documents may vary depending on different voivodeships.
Additional documents to submit:
Note! Not submitting a legal title to an apartment is not a formal defect pursuant to the new act. Apart from that, now besides a tenancy agreement, a certificate of registered residence or an agreement of lending for use may be attached. Restrictions on lending accommodation for use to foreigners were lifted (previously only family members or parents of a foreigner's spouse could do this).
According to the new act, residence and work permits can be granted for a period of up to 3 years. In order to get a decision for the maximum period, a contract concluded with an employer for 3 years or for a longer period should be attached. Instead of that, together with the current contract you may attach a document certifying the employer's intent to continue co-operation specifying the position, the minimum monthly remuneration and planned weekly working hours (note: this requirement applies also to a mandate contract and to a contract for a specific work).
During the proceedings on granting a residence and work permit, a voivode always verifies if the previous residence document was used in accordance with its purpose. Moreover, if a foreigner held a card for the purpose of work – it is also verified if his income was stable and regular during the validity period of the previous permit.
Note! Remember about the changes introduced by the new Act on foreigners:
- according to article 113 within 15 working days a foreigner is obliged to notify the voivode who has issued a temporary residence permit of a cessation of reasons for granting the permit;
- according to article 121, a foreigner residing in the territory of the Republic of Poland on the basis of a temporary residence and work permit, within 15 working days additionally notifies in writing the voivode adequate to the foreigner's current place of residence of the loss of a job at any of the entities entrusting the performance of work indicated in the permit.
Fulfilling this obligation is necessary, otherwise a voivode may refuse to grant the foreigner a further temporary residence permit (article 100 section 2).
It is important that – according to article 123 – a temporary residence permit granted to a foreigner will not be revoked within 30 days from the date of the loss of a job at the entity entrusting the performance of work indicated in the permit if a foreigner proves that he had fulfilled the obligation to notify the voivode (article 121) or if the notification has not been delivered to the voivode for the reasons beyond the foreigner’s control. More on this subject can be read in the article: Legal work