Starosta's information - what it is and how to obtain it

Hiring foreigners sometimes seems quite problematic for entrepreneurs. This is because the employer, in most cases, cannot hire a person from abroad if candidates with Polish citizenship can be found on the local labor market. The evidence that a particular job can indeed not be undertaken by a Pole or a foreigner is precisely the starost's information on the possibility of satisfying the staffing needs of the entity entrusting work to a foreigner (or in other words: the starost's opinion, or labor market test). This is one of the documents that must be attached to the application for a temporary residence and work permit or to the application for a work permit.

In order to obtain a work permit for a foreigner, it is usually necessary to obtain a starost's information. How to obtain this document? To begin with, the entrepreneur must report the job offer to the District Labor Office and inform the official of his desire to obtain such an opinion.

In the job offer, it is important to present realistic conditions of employment and the offered salary, the amount of which coincides with that of Poles in the same position. The entrepreneur will not receive the starost's information if there are Polish candidates in the local labor market who respond to the job offer.

The starost shall issue the labor market information within:

a) up to 14 days from the date of the job offer, if it is not possible to organize recruitment for the reported job offer;

b) up to 21 days - if recruitment among the unemployed and job seekers has been organized for the reported job offer.

The starost's information is not required when a foreigner is not required to have a work permit. This applies, among others, to an EU citizen, a foreigner with a permanent residence permit or a holder of the Card of the Pole.

On the other hand, if it is necessary to obtain a work permit in order to employ a foreigner, the law provides for an exemption from the starost's information when the foreigner:

• applies for renewal of a work permit with the same employer in the same position;
• is a family member or performs work as a private domestic servant of a diplomatic employee or international organizations;
• performs nursing and care work or as a domestic helper for individuals (applies to citizens of Armenia, Belarus, Georgia, Moldova or Ukraine);
• is authorized to represent a foreign entrepreneur in a branch in Poland;
• in the period immediately preceding the submission of an application for a work permit, was employed for a period of not less than 3 months with the same employer and in the same position in accordance with the statement on entrusting work to a foreigner (applies to citizens of Armenia, Belarus, Georgia, Moldova or Ukraine);
• is an athlete or sports coach;
• is a doctor or dentist undergoing training or pursuing a specialization program;
• is to be employed in an occupation listed in the regulation of the Minister of Labor and Social Policy (e.g., specialist doctor, nurse, computer systems analyst, application programmer, construction technician, construction-related occupations, electrician, bus driver, truck driver);
• is to be employed in an occupation listed in the governor's list - each province has its own list of such occupations;
• has completed a course of study at a higher education institution based in the territory of the Republic of Poland or another EU country, Liechtenstein, Iceland, Norway or Switzerland within 3 years preceding the application for a work permit;
• is a doctoral student at a doctoral school run by an entity based in Poland;
• has legally resided in the territory of Poland for 3 years preceding the application for a work permit.

The opinion of the starost is required in the process of hiring foreign workers. It indicates whether candidates can be found for a given job position from among Polish citizens or foreigners who are exempt from applying for a work permit. Entrepreneurs who want to obtain the starost's information should report the job offer to the District Labor Office and present realistic terms of employment. Nevertheless, there are certain situations in which the starost's information is not required.

If you think you need the starost's information, but are not sure how to get it, please contact us. Our Kancelaria ds. Obywatelskich will help you with all the paperwork for issuing a work permit!