Work Permit Process for Poland ~ Flyyeer.com (Flyyeer Travel Services)

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ATTENTION!!!

From the 1st of January 2011 a work permit for foreigners in Poland will be issued by the Department of Civil Affairs and Immigration of Małopolska Provincial Office in Krakow. Until now the documents have been released by the Department of Social Policy Division.

From the 3rd of January 2011 (the first working day in 2011) the documents may be submitted:

in the Department of Civil Affairs and Foreigners of Malopolska Regional Office, ul. Przy Rondzie 6 in Krakow, ground floor, opening hours: Monday 09:00 – 17:00, Tuesday - Friday 7:30 - 15:30
in the Mail Register (Dziennik Podawczy) of Małopolska Provincial Office in Krakow, ul. Basztowa 22, room 24, opening hours: Monday 09:00 – 17:00, Tuesday - Friday 7:30 - 15:30

The documents can also be sent via post to the following address:

Małopolski Urząd Wojewódzki,
Wydział Spraw Obywatelskich i Cudzoziemców,
ul. Basztowa 22, 31-156 Kraków.

The work permit for foreigners must be collected in person at the Department of Civil Affairs and Foreigners Malopolska Regional Office, ul. Przy Rondzie 6 in Krakow, ground floor (12 39 21 804).

Information of work permits can be obtained by calling 12 579 39 21, opening hours: Monday 9:00 -17:00, Tuesday-Friday 8:00-15:00.

The regulations on employing foreigners in Poland and issuing permits remain unchanged.

Regulations on employing foreigners in Poland are specified in the Act on promoting employment and labour market institutions of 20 April 2004 (consolidated text: Dz.U. [Journal of Laws] No. 69 Item 415, as amended) and in executive orders.

Each foreigner who, pursuant to regulations, is not released from the obligation to have a permit to work in Poland and who wishes to become employed in Poland must have an appropriate permit.

An employer is a party to administrative proceedings which means that the person who submits application for issuing such permit is the employer wishing to employ a foreigner and not a foreigner himself/herself. A filled in application for issue a work permit for a foreigner together with required documents should be submitted at least 30 days before the planned date of employment or renewal of foreigner's employment.

Work permit is issued for a specified period of time, not longer than 3 years and may be prolonged. Permits are issued for a specific employer, specific foreigner and in a specific place for a specific work position for a period defined by specific dates.

TYPES OF WORK PERMITS FOR FOREIGNERS
Regulation of the Minister of Labour and Social Policy of 29 January 2009 on issue of work permit for a foreigner (Dz.U. [Journal of Laws] of 2009 No. 16 Item 84) defines 5 types of permits for foreigners for work in the Republic of Poland (type A, type B, type C, type D, type E).

Work permit is required (Art. 88 of the Act on promoting employment and labour market institutions), if a foreigner:
1. performs work in the Republic of Poland pursuant to a contract with an employer whose registered office, place of residence, branch, facility or other form of business is located in the Republic of Poland (type A),,
2. stays in the Republic of Poland for a period the total length of which exceeds 6 months in 12 consecutive months for the reason of performing a function in the management board of a legal person which has been entered into the register of entrepreneurs or which is a company in organisation (type B),
3. performs work for a foreign employer and is delegated for a period exceeding 30 days in a calendar year to a foreign entity's branch or facility located in the Republic of Poland, its subsidiary or affiliate bound with such foreign entity by a long-term cooperation contract (type C),
4. performs work for a foreign employer without a branch, facility or other form of business in the Republic of Poland and is delegated to the Republic of Poland for the purpose of execution of a service of temporary and casual nature (export service) (type D),
5. performs work for a foreign employer and is delegated to the Republic of Poland for a period exceeding 3 months within the next 6 months for the purpose other than that indicated in points 2-4 (type E).
CONDUCT PROCEDURE
Work permits are issued by a province governor upon the request of an employer intending to employ a foreigner. Permits are issued by a province governor competent for:
- the registered office or place of residence of an employer intending to employ a foreigner (type A, type B),
- registered office of an entity to which a foreigner is delegated (type C),
- registered office or a place of residence of an entity for the benefit of which a service is provided whereas, if the registered office or a place of residence of such entity is located abroad, for the primary location of performing work by a foreigner in the Republic of Poland (type D),
- primary location of performing work by a foreigner in the Republic of Poland (type E).
In the case of type A the province governor issues permit provided that he/she receives information from the district governor competent for the registered office or place of residence of an employer intending to employ a foreigner that, according to registers of the unemployed and the persons searching for work there are no Polish nationals willing to occupy such work position and recruitment to such position among Polish nationals brought negative results. Besides, the amount of remuneration that will be specified in the contract with the foreigner cannot not be lower than the remuneration for the employees performing similar work on a similar position.

In the case of type B the province governor issues a permit, provided that in the tax year preceding submission of an application the entity (in which the foreigner is to be a member of the management board) obtained revenue not lower than 12 times the value of an average monthly remuneration in the province in the third quarter of the year preceding submission of an application and provided that such entity employs for an unspecified period at least two full-time employees who are not subject to the obligation to have a work permit or provided that such entity proves to have resources or conducts activities allowing for fulfilment of the above conditions in the future.

In the case of type A , type D, type E the province governor issues a permit if foreigner's work is going to be performed in accordance with conditions consistent with the Labour Code, provided that the amount of remuneration to which the foreigner will be entitled will not be more than 30% lower than the amount of an average monthly remuneration in a given province, announced yearly by the Head of the Central Statistical Office, and provided that the employer authorises in a power of attorney a person staying in the Republic of Poland to represent such entity's interests and to administer all necessary documents.

A foreigner who has a work permit is entitled to work, provided that he/she stays in Poland legally, e.g.:
- on the basis of a visa, except for the visa referred to in Art. 26 Item 3, Art. 28 Item 1 Point 1, 10 and 11 and Item 3 Point 1 and 2 of the Foreigners Act of 13 June 2003,
- on the basis of visas, referred to in Art. 28 Item 3 Point 2 of the Foreigners Act of 13 June 2003, provided that the foreigner had the right to work in the Republic of Poland directly before issue of such visas,
- on the basis of a residence permit for a fixed period, except for a permit granted in relation to the circumstance referred to in Art. 53a Item 2 of the Foreigners Act of 13 June 2003,
- on the basis of a uniform visa issued by another Schengen country,
- in relation to holding a residence document issued by another Schengen country,
- in a visa-free traffic, provided that according provisions of the agreement on a visa-free traffic foreigners are allowed to work.
Legalization of foreigner's stay in Poland is carried out on the basis of a work permit issued by a province governor. The permit itself allows a foreigner to start work and sing an appropriate contract only if he/she is a holder of an appropriate document permitting the foreigner to stay in the Republic of Poland. If the period of legal stay in Poland expires or if the foreigner loses such residence the employer is obliged to promptly notify the authority which had issued such permit, about termination of the contract with the foreigner.
REQUIRED DOCUMENTS
The employer submits a filled in application form together with the following documents:
1. an up-to-date (for the date of application) extract from the National Court Register or another appropriate register - if the employer is a legal person or a non-corporate body,
2. an up-to-date (for the date of application) entry into the records of economic activity - if the employer is an entity running a business activity,
3. a document from an appropriate register confirming the legal status as well as the form and nature of the activity run by a foreign employer - in the case of type C, D and E.
4. an up-to-date (for the date of application) extract from the National Court Register or another appropriate register or entry into the records of economic activity concerning the branch or plant of the foreign entity, its subsidiary or affiliate bound to a foreign employer with a long-term cooperation contract - in the case of application for the type C permit,
5. a copy of an ID card or a copy of the filled in data pages of a travel document (e.g. a passport) - if the employer is a natural person,
6. a company deed - if the employer is a limited liability company in organisation,
7. a copy of company establishment notarial deeds - if the employer is a joint stock company in organisation,
8. a copy of the filled in data pages of the travel document belonging to the foreigner to whom the application applies,
9. if, according to separate legal provisions, the possibility of working on a given position, working in a given profession or running another activity depends on a permit from an appropriate institution - a copy of documents confirming that the foreigner has met such requirements,
10. information from the district governor competent for the registered office or place of residence of an employer intending to employ a foreigner that, according to registers of the unemployed and the persons searching for work there are no Polish nationals willing to occupy such work position and recruitment to such position among Polish nationals brought negative results - in the case of type A.
11. a copy of a statement on the amount of profit obtained (incurred loss) by the employer as a taxpayer of a corporate income tax in the tax year preceding submission of the application and information on the employment during the year preceding submission of the application or information on possessed resources or on running activities enabling future fulfilment of the conditions specified in Art. 88c Item 4 of the Act - in the case of application for the type B permit,
12. a copy of a contract pursuant to which a service is provided in the Republic of Poland or an excerpt from such contract which defines the scope of foreign employer's obligations or, if such contract has not been signed yet, a foreign employer's declaration defining such scope. A copy of an appropriate fragment of the contract must be submitted by the employer promptly after conclusion of such contract - in the case of application for a type D permit,
13. if the foreigner:
  - in the period of 3 years preceding submission of an application for work permit issue graduated from the school or college with the seat in the Republic of Poland or in another country of the European Economic Area or Swiss Confederation,
  - for 3 years preceding submission of an application for residence permit issue has stayed legally in the Republic of Poland, except for situations specified in Art. 110 of the Foreigners Act of 13 June 2003 (applies to a foreigner who has been detained and placed in a guarded facility for the purpose of deportation from Poland) - the foreigner must submit documents confirming that such requirements have been met (in the case of A and B types of permit), then such foreigner is released from meeting the requirements specified in points 10 and 11,
14. confirmation of payment of an administrative proceedings fee paid to the following account:
  Małopolski Urząd Wojewódzki
  Ul. Basztowa 22, 31-156 Kraków
  NBP Oddział Kraków
  08 1010 1270 0051 2222 3100 0000
  - PLN 50 – in the case of application for a work permit for a period of up to 3 months,
  - PLN 100 - in the case of application for a work permit for a period ofmore than 3 months,
  - PLN 200 – in the case of D-type application (for an employee delegated for the purpose of providing an export service)
  - application for permit prolongation - 50% of the above amounts
15. power of attorney to represent the employer if a third person acts on employer's behalf, together with a confirmation of payment of a stamp duty in the amount of PLN 17 to the account of the Tax and Fees Department of the Krakow City Hall,
  Wydział Podatków i Opłat Urzędu Miasta Krakowa
  al. Powstania Warszawskiego 10, 31-539 Kraków
  Bank Pekao SA
  04 1240 2092 9462 3005 0000 0000
16. copies of documents confirming that the requirements specified in separate legal provisions have been met, which may influence the result of the proceedings.
A work permit can be prolonged provided that foreigner's employer submits an application to the province governor not later than 30 days before expiry of a current work permit. In such situation the period of an offered employment must begin directly after the end of the period for which a permit had been already issued and the position offered to the foreigner must be the same as the one for which the previous permit had been issued. Regulations on issue of work permit apply to prolongation of work permit respectively.

Information from the district governor, referred to in point 10, should not be attached to theapplication for work permit prolongation.
FEES
OFee for issue of work permit for the foreigner is:
- PLN 50 – in the case of application for a work permit for a period of up to 3 months,
- PLN 100 - in the case of application for a work permit for a period of more than 3 months,
- PLN 200 – in the case of D-type application (for an employee delegated for the purpose of providing an export service),
- application for permit prolongation - 50% of the above amounts. .
Payment should be made to the following account:

Małopolski Urząd Wojewódzki
Ul. Basztowa 22, 31-156 Kraków
NBP Oddział Kraków
08 1010 1270 0051 2222 3100 0000
CONTACT
LEGAL BASIS
1. Act on promoting employment and labour market institutions of 20 April 2004 (Dz.U. [Journal of Laws] of 2008 No. 69 Item 415, as amended). (download)
2. The Act of 19 December 2008 amending the Act on promoting employment and labour market institutions and amending certain other acts (Dz.U. [Journal of Laws] of 2009 No. 6 Item 33) (download)
3. Regulation of the Minister of Labour and Social Policy of 29 January 2009 on issue of work permit for a foreigner (Dz.U. [Journal of Laws] of 2009 No. 16 Item 84) (download)
4. Regulation of the Minister of Labour and Social Policy of 29 January 2009 on defining the cases in which work permit for a foreigner is issued regardless of detailed conditions of issue of work permits for foreigners (Dz.U. [Journal of Laws] of 2009 No. 16 Item 85) (download)
5. Regulation of the Minister of Labour and Social Policy of 30 August 2006 on performance of work by foreigners without the necessity to obtain a work permit (Dz.U. [Journal of Laws] of 2006 No. 156 Item 1116, as amended) (download)
  - An amending regulation of 27 June 2007 (download)
  - An amending regulation of 29 January 2008 (download)
  - An amending regulation of 2 February 2009 (download)
6. Regulation of the Minister of Labour and Social Policy of 17 October 2007 on the amount of the fee for the application for a work permit for a foreigner (Dz.U. [Journal of Laws] of 2007 No. 195 Item 1409) (download)
FORMS FOR DOWNLOAD
1. Application for issue of a work permit for foreigner's work in the Republic of Poland (download)
2. Application for prolongation of a work permit for foreigner's work in the Republic of Poland (download)
3. Information from an employer intending to employ a foreigner on changes in the scope of work performed by the foreigner on the basis of a work permit (download)
4. Declaration on the intention to provide a foreigner with work for a period of up to 6 months, registered in a district employment agency - applies to the nationals of Belarus, Russia, Ukraine and Moldova (download)
5. Information about the employer (download)
6. Information about the employee(download)
WHERE TO FILE THE DOCUMENTS
The documents may be submitted:
- in the Department of Civil Affairs and Foreigners of Malopolska Regional Office, ul. Przy Rondzie 6 in Krakow, ground floor, opening hours: Monday 09:00 – 17:00, Tuesday - Friday 7:30 - 15:30
- in the Mail Register (Dziennik Podawczy) of Małopolska Provincial Office in Krakow, ul. Basztowa 22, room 24, opening hours: Monday 09:00 – 17:00, Tuesday
- Friday 7:30 - 15:30.
The documents can also be sent via post to the following address:

Małopolski Urząd Wojewódzki
Wydział Spraw Obywatelskich i Cudzoziemców
ul. Basztowa 22, 31-156 Kraków
ADDITIONAL INFORMATION

Statutory administrative time limit for issuing a decision is 30 days. The decision on work permit should be collected in person in the Social Policy Department (Wydział Polityki Społecznej), room 579 (5th floor) of Małopolska Provincial Office in Krakow, ul. Basztowa 22. Information on the decision can be obtained via phone: +48 12 39 21 579; Monday 9:00-17:00, Tuesday - Friday 7:30-15:30.

You have the right to appeal against the decision to the minister competent for labour, through the agency of a province governor, within 14 days from the date of collection (delivery) of the decision.

An employer employing a foreigner who is required to have a work permit, has the obligation to promptly inform the administrative body issuing such permit if the foreigner fails to commence work within 3 months from the date when validity of the permits starts or if the foreigner stops performing work earlier than 3 months before expiry of the work permit.

Work permit is issued for a specified period of time, not longer than 3 years and may be prolonged.

If a foreigner serves in the management board of a legal person who on the date of submission of an application employs more than 25 persons, the province governor has the right to issue a work permit for a period not longer than 5 years.

Documents in a foreign language, apart from ID cards or travel documents, serving as an evidence in the proceedings concerning issue of a permit, must be submitted together with their translation into Polish, done by a sworn translator.
FOREIGNERS RELEASED FROM THE OBLIGATION TO HAVE A WORK PERMIT
A foreigner can work in the Republic of Poland if:
1. he/she has a refugee status granted in the Republic of Poland,
2. he/she has a permit for settlement in the Republic of Poland,
3. he/she has a residence permit for a long-term EC resident for stay in the Republic of Poland,
4. he/she has a permit for tolerated residence in the Republic of Poland,
5. he/she was granted a complementary protection in the Republic of Poland,
6. he/she avails of temporary protection in the Republic of Poland,
7. he/she is a national of a European Union Member State,
8. he/she is a national of a country of the European Economic Area which does not belong to the European Union,
9. he/she is a national of a country which is not a party to the agreement on the European Economic Area and who has the right to avail of the freedom of movement of people pursuant to the agreement concluded by such country with the European Community and its member states,
10. he/she is a family member of a foreigner referred to in points 7-9 or is a descendant of such foreigner's spouse at the age of up to 21 or depends financially on such foreigner or his/her spouse or is an ascendant of such foreigner or his/her spouse and depends financially on such foreigner or his/her spouse,
11. he/she is a person referred to in Art. 19, Item 2-3 of the Act on the entry, residence in and exit from the Republic of Poland of nationals of the European Union Member States and their family members of 14 July 2006 (Dz.U. [Journal of Laws] No. 144 Item 1043, of 2007 No. 120 Item 818 and of 2008 No. 216 Item 1367).
Obligation to have a work permit does not apply to a foreigner who:
1. has a residence permit for a fixed period in the Republic of Poland, granted in relation to the circumstance referred to in Art. 53 Item 1 Point 10, 11, 13 and 15-18 of the Foreigners Act of 13 June 2003,
2. is a spouse of a Polish citizen or a foreigner referred to in Point 1 and Item 1 Point 1-6, who has a residence permit for a fixed period for the territory of the Republic of Poland, granted in relation to contracting a marriage,
3. is a descendant, referred to in Art. 2 Item 1 Point 8 letter b of a Polish citizen or a foreigner referred to in Points 1-2 and Item 1 Point 1-6, who has a residence permit for a fixed period for the territory of the Republic of Poland,
4. has a residence permit for a fixed period for the Republic of Poland, granted pursuant to Art. 53 Item 1 Point 7 or 14 of the Foreigners Act of 13 June 2003,
5. stays in the Republic of Poland on the basis of visas, referred to in Art. 61 Item 3 or Art. 71a Item 3 of the Foreigners Act of 13 June 2003, provided that directly before issue of such visas the foreigner had been released from the obligation to have a work permit pursuant to Points 1-4,
6. who has a valid Polish Charter [Karta Polaka],
7. who applies for granting a refugee status or is a spouse on behalf of whom an application for granting a refugee status has been submitted, provided that he/she has a certificate issued in accordance with Art. 36 of the Act on Providing Protection to Foreigners in the territory of the Republic of Poland (Dz.U. [Journal of Laws] of 2006 No. 234 Item 1695, as amended),
8. to whom international agreements or separate provisions apply which permit such person to work without a work permit.
9. has the right to stay and work in a European Union Member State or a member country of the European Economic Area which does not belong to the European Union or Swiss Confederation and is employed by an employer whose registered office is located in the territory of such country and who has been temporarily delegated by such employer for the purpose of providing services in the Republic of Poland,
Foreigners released from the obligation to have a work permit pursuant to the Regulation of the Minister of Labour and Social Policy of 30 August 2006 (Dz.U. [Journal of Laws] No. 156 Item 1116, as amended):
1. persons who organise trainings, participate in professional internships, act as advisors or supervisors or perform functions requiring special qualifications and abilities in programmes implemented within the scope of European Union activities or other aid programmes, also on the basis of loans taken out by the Government of the Republic of Poland,
2. teachers of foreign languages who tutor in foreign languages, who perform work under international contracts and agreements to which the Republic of Poland is a party,
3. teachers of foreign languages who work in kindergartens, schools or institutions, referred to in the provisions on the system of education, or in Voluntary Labour Corps,
4. teachers of foreign languages who work in teacher training institutions, referred to in the provisions on the system of education,
5. members of armed forces or of civilian staff who work in international military structures located in the Republic of Poland or foreigners delegated to implement defence programs realized under contracts to which the Republic of Poland is a party,
6. stali korespondenci of foreign mass media to whom an accreditation of a minister competent for foreign affairs has been granted upon request of an executive editor of a foreign journal office or agency, however only in the scope of professional journalist activities performed for such journal office or agency,
7. who, pursuant to international contracts and agreements to which the Republic of Poland is a party, are allowed to work without a work permit,
8. individually or in teams, for a period of up to 30 days in a calendar year, provide artistic services which include activity of actors, directors, reciters, conductors, instrumentalists, vocalists, circus artists, dancers or mime artists,
9. up to 30 days in a calendar year deliver occasional lectures, papers or presentations of a special scientific or artistic importance, provided that their permanent place of stay is abroad,
10. athletes who perform a work for an entity with its registered office in the Republic of Poland that consists in representing such entity during sports competitions, provided that such work has casual nature,
11. full-time students studying in the Republic of Poland - in the following months: July, August and September,
12. students, who perform professional internship work to which they have been referred by organisations belonging to international student associations (e.g. AIESEC);
13. students, whose work is related to cooperation of public employment services and their foreign partners if the necessity to employ a foreigner has been confirmed by an appropriate employment authority;
14. students of higher education institutions or of vocational schools, referred to a vocational training (the duration of which cannot exceed 6 months in a calendar year) provided for in the regulations of studies or in the curriculum, organised pursuant to a contract between a foreign higher education institution or a vocational school and an employer registered in a district employment agency competent for the place of residence or registered office of the employer;
15. students of higher education institutions or vocational schools in European Union Member States or in the countries of the European Economic Area not belonging to the European Union or a Swiss Confederation, who work under vocational trainings provided for in the regulations of studies or in the curriculum, provided that they have been referred to such trainings by a higher education institution or a vocational school, participants of cultural and educational exchange programs, humanitarian or developmental aid programs or student holiday work programs organised in consultation with the minister competent for labour,
16. persons delegated to work in culture institutions of foreign countries in the Republic of Poland pursuant to international contracts to which the Republic of Poland is a party,
17. persons working for the members of the European Parliament in relation to the performed function,
18. authorised in accordance with principles specified in legal acts issued by authorities appointed under an agreement establishing anassociation between the European Economic Community and Turkey, signed in Ankara on 12 September 1963 (OJEC L 217 of 29.12.1964, page 3687, special Polish publication of OJ, Chapter 11, Vol. 11, page 10),
19. graduates of Polish upper secondary schools or full-time higher education studies or full-time doctorate studies in Polish universities,
20. research workers in entities referred to in regulations on research and development institutions,
21. persons delegated into the territory of the Republic of Poland by a foreign employer (provided that they have their permanent residence abroad) for a period not longer than 3 months in a calendar year for the purpose of:
  - installation and maintenance or repair of the delivered, technologically complete appliances, constructions, machines or other equipment if a foreign employer is their manufacturer,
  - collection of ordered appliances, machines, other equipment or parts manufactured by a Polish producer,
  - providing a training course for the workers of a Polish employer who is a user of appliances, constructions, machines or other equipment, referred to in letter a, in the scope of operation or use of such appliances, constructions, machines or other equipment,
  - assembly or disassembly of exhibition stands as well as supervision over such stands, if the exhibitor is a foreign employer who delegates foreigners for this purpose,
22. nationals of the countries bordering the Republic of Poland as well as countries with which the Republic of Poland cooperates in the scope of economic migration under mobility partnership established between such countries and the European Union, who work during the period not exceeding 6 months in 12 consecutive months on the basis of employer's declaration on the intention to employ such nationals. Such declaration must be registered in a district employment agency competent for the place of residence or registered office of the entity submitting such declaration ((applies to the nationals of Russia, Belarus, Ukraine and Moldova; the regulation is valid until 31 December 2010),,
23. nationals of the countries bordering the Republic of Poland as well as countries with which the Republic of Poland cooperates in the scope of economic migration under mobility partnership established between such countries and the European Union, who stay in the Republic of Poland on the basis of a residence permit for a fixed period, granted in relation to performing work. This applies to the foreigners who in the period of validity of such permit perform a work other than that in relation to which the residence permit for a fixed period was granted, that is on the basis of employer's declaration on intention to appoint a foreigner to perform work other than the work that was the basis of granting residence permit. Such declaration must be registered in a district employment agency competent for the place of residence or registered office of the entity submitting such declaration (applies to the nationals of Russia, Belarus, Ukraine and Moldova; the regulation is valid until 31 December 2010),.
WORK OF THE CITIZENS OF BELARUS, RUSSIA, UKRAINE AND MOLDOVA IN POLAND
Foreigners who are the nationals of countries bordering the Republic of Poland and countries with which the Republic of Poland cooperates in the scope of economic migration under mobility partnership established between such countries and the European Union do not have the obligation to have a work permit. These are the nationals who work during the period not exceeding 6 months in 12 consecutive months on the basis of Polish employer's declaration on the intention to employ such nationals. Such declaration must be registered in a district employment agency competent for the place of residence or registered office of the entity submitting such declaration.

This means that foreigners from the said countries can work in Poland without a work permit, provided that:
- an employer registers in a district employment agency a declaration on intention to employ a foreigner (for a period of up to 6 months),
- a foreigner has a valid visa with the right to work in Poland or a residence permit for a fixed period for the Republic of Poland.
In the case of a foreigner who stays outside Poland and does not have residence documents (visa or a residence permit for a fixed period), an employer registers a declaration on intention to employ such foreigner and then sends such declaration to him/her. Then, pursuant to the declaration, the foreigner has the right to apply in a Polish diplomatic agency for a visa issued for the purpose of work in the territory of the Republic of Poland.

The period of employment of a foreigner without a work permit on the basis of a registered declaration cannot exceed 6 months within 12 consecutive months. This means that if the foreigner has already worked on the basis of a declaration, he/she can be employed again on the basis of a declaration only after a lapse of a 6-month waiting period.
In the submitted declaration on the intention to employ a foreigner the employer has the right to indicate a period of up to one year, however, the foreigner cannot work longer than 6 months on the basis of a declaration.

NOTICE!
The procedure related to employment of a foreigner on the basis of a declaration can be connected with the procedure of issuing a work permit.
The employer has the right to employ a foreigner in a simplified mode (on the basis of a declaration) and after a few months can apply to the province governor for issue of a work permit for such foreigner. In such situation the period of foreigner's employment on the basis of a permit can begin directly after the period of employment on the basis of a declaration.
Besides, if a foreigner (a citizen of Belarus, Russia, Ukraine or Moldova) has been working for a given employer on the basis of a declaration for at least 3 months and such employer submits and application for issue of a work permit for such foreigner for a period starting directly after the period of work on the basis of a declaration, the province governor will issue a work permit without a necessity to obtain information from the district governor on the situation in a local labour market.