What are the types of workpermits for foreigners?
Entrepreneurs who plan to emploi foreigners should know the types of work permits and in which cases they should apply for them. The application for a permit is submitted by the employer himself to the provincial office after being informed by the district governor.
However, not in all cases such a document is required for the employment of an employee, as well as there are many statutory exemptions from the district governor's information. Read our article and find out what types of work permits there are and when you need to apply for them.
When to apply for a foreigner's work permit?
You need to obtain a work permit for all foreign workers. There are many exceptions to this rule, which include:
• citizens of European Union memberstates (Austria, Belgium, Bulgaria, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Portugal, Romania, Slovenia, Slovakia, Spain, Sweden).
• citizens of Switzerland
• citizens of non-EU countries but belonging to the European Economic Area (Norway, Iceland, Liechtenstein),
• persons with a permanent residence permit in the Republic of Poland,
• persons with a long-term EU residence permit in the Republic of Poland,
• persons with a single temporary residence and work permit in the Republic of Poland,
• persons with a tolerated stay permit in the Republic of Poland,
• persons with refugee status,
• persons using temporary protection in the Republic of Poland,
• persons using subsidiary protection in the Republic of Poland,
• persons with a residence permit for humanitarian reasons,
• persons holding a valid Pole's Card.
Types of work permits
Thereareseveraltypes of workpermits for foreigners: A, B, C, D, E and S.
Work permit: type A
A type A work permit is required when a foreigner is employed by an entity that has its registered office or branch on the territory of Poland. It is issued for 3 years, although this period may be shortened. Such an employee must receive a salary not lower than that of a Polish citizen in a similar position.
Work permit: type B
A type B work permit applies to a foreigner who performs functions on the board of directors of a legal entity that is listed in the register of entrepreneurs or is a capital company. It is issued for 3 years, although for companies with more than 25 employees, a permit for up to 5 years can be applied for.
Work permit: type C
A Type C work permit is required when a foreigner is employed by an entity based abroad, but is posted to work in the employer's branch in the territory of the Republic of Poland for more than 30 days in a calendar year.
Work permit: type D
The Type D work permit applies to foreigners who are employed by an entity based abroad that does not have a branch in the Republic of Poland and are posted to perform an export service (of a temporary and occasional nature).
Work permit: type E
Type E work permit applies to foreigners who are employed by an entity abroad but are posted to work in the territory of the Republic of Poland for a period of not more than 30 days in the next 6 months for a different purpose than in the case of type B, C and D permits.
Work permit: type S
A type S work permit is a permit for seasonal work, i.e. work performed for up to 9 months in a calendar year in activities that are considered seasonal (relating to agricultural crops, animal farming, catering services, accommodation, etc.).
Summary
The employment of a foreigner in the territory of the Republic of Poland requires, in many cases, a work permit. Depending on the specific situation, it may be necessary to obtain an A, B, C, D, E or S permit. You do not need to comply with these obligations if you employ a foreigner who is a citizen of a member state of the European Union, the European Economic Area, Switzerland or has been statutorily exempted from the obligation to have a work permit.
The Kancelaria ds. Obywatelskich carries out a comprehensive analysis of the foreigner's legal situation in terms of whether the work permit and the district governor's information are necessary to be able to work legally in Poland.
