Seasonal Work Permit for Foreigners – What You Need to Know

What Is Seasonal Work?

Before answering the question of how to apply for a seasonal work permit for a foreigner, let’s focus on the definition of seasonal work itself. Seasonal work is employment that lasts for a maximum of nine months and is defined in an annex to the regulation of the Minister of Family, Labour, and Social Policy of December 8, 2017, regarding subclasses of activities according to the Polish Classification of Activities (PKD). These activities are related to industries dependent on the time of year or weather conditions, including:

• Agriculture
• Horticulture
• Animal breeding
• Hunting
• Fishing
• Forestry
• Accommodation
• Catering

You can find the full list of these jobs in the Journal of Laws of the Republic of Poland.

When Is a Seasonal Work Permit Not Required?

As mentioned earlier, not all foreigners need to apply for a seasonal work permit. Citizens of European Union (EU) countries, the European Economic Area (EEA), and Switzerland do not require a permit.

Ukrainian citizens and their spouses also do not need a permit, provided they are legally residing in Poland. However, in this case, you must submit a notification to the Labour Office within 7 days of the foreigner starting work.

What Formalities Must You Complete?

If you want to hire a foreigner from outside the EU, EEA, Switzerland, Ukraine, Armenia, Belarus, Georgia, or Moldova, or from countries covered by other exemptions, you will need to obtain a statement from the district governor (starosta) confirming that there are no local candidates for the position. This document is issued free of charge.

To obtain it, you must submit a job offer to the Labour Office for the same position for which you want to hire a foreigner (the salary and employment conditions must also be identical). If no candidates apply within 14 days of posting the job advertisement, it means the labour market test has been negative, and you can hire a foreigner. However, if there are candidates registered as unemployed, you will not be able to hire a foreign worker.

Remember that you can only employ foreigners who are legally residing in Poland (proof of this may be residence permits or appropriate visas). A foreigner coming to Poland for seasonal work typically receives a visa type 05b. You can also employ workers holding other types of visas (except for tourist visas or visas for visits, which can only be obtained based on an invitation for a foreigner).

How to Apply for a Seasonal Work Permit for a Foreigner?

You must submit an application for a seasonal work permit to the district labour office before the foreigner starts working. You can do this in person, by mail, or online (each office may have different guidelines, so it’s a good idea to check their website).

Documents required when submitting the application for a seasonal work permit include:

• Application for a seasonal work permit for a foreigner in Poland.
• Proof of payment (30 PLN).
• Statement regarding the employer's criminal record.
• A copy of the foreigner’s travel document.
• A copy of the document allowing the foreigner to stay in Poland.
• If the employer is an agency, a document from the employer confirming the worker’s referral by the employment agency.
• Proof that the employer has no outstanding tax or social security obligations related to the foreigner’s work, if applicable, for seasonal work periods in the following 2 or 3 years.
• Statement from the district governor, issued no earlier than 180 days before submitting the application (or 90 days in justified cases) – does not apply to citizens of Armenia, Belarus, Georgia, Moldova, or Ukraine.
• Documents confirming that the foreigner meets the employer’s requirements as specified in the district governor’s statement.
• Documents confirming the circumstances that exempt from providing the district governor’s statement.
• Proof of having employed a foreigner on a seasonal work permit at least once in the last five years, if the applicant is requesting a registration for future work periods within the next 2 or 3 years.
• Power of attorney (if a representative is acting on behalf of the employer).

How to Apply for an Extension of a Seasonal Work Permit?

If the seasonal work permit is about to expire, you can apply for an extension. However, keep in mind that the total period of employment cannot exceed 9 months within a calendar year. The application for the extension of the work and residence permit in Poland must be submitted by the last day of legal employment. For the "S" permit type, the application must be submitted to the district labour office. The fee is 30 PLN.

Summary

To legally employ a foreign worker for seasonal work, with certain exceptions, it is necessary to obtain a seasonal work permit. The procedure requires submitting the appropriate documents, including an application, proof of payment, declarations, and documents confirming that the specified requirements are met. While the process may seem complicated, the Citizenship Office can assist you in navigating it. Comprehensive support for foreigners is our specialty. We will help you gather all the required documents, verify the accuracy of your application, and, if necessary, assist with preparing an appeal. Legalizing residence and work will be much easier and less stressful with the help of experienced specialists.