Work permit for companies, work permission for companies in Poland

IMPORTANT!

We are offering work permit service only for companies, not for individuals. So if you want work permit service you have to have a company or represent the company. Progress Holding is not a recruiting/work agency, but we facilitate companies to get work permit for its employees in Poland by means to ensure legal work and stay in Poland. Without legal work permit a foreigner can not start your job in Poland. Please mind that process to obtain work permit takes several months, therefore earlier you start, the earlier you receive work permit.

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How to get a work permit for a foreigner in Poland for a company? Service for  companies

– this is a question asked by foreigners who intend to work in Poland, or Polish companies that need new foreign employees.

In Poland there is a constant shortage of labor force. Out of 38.4 million inhabitants, only 16.5 million is a work force. According to Eurostat, which analyze  employment between the ages of 20 and 64, the EU average was 73.1%. For Poland, is 72.2%. while for Sweden is 82.4%.

In the coming years, Polish employers will be looking for employees from abroad. Thus, the subject of work permits for foreigners in Poland is valid for many years in 2023 and onwards.

What are the types of  work permits in Poland for companies?

The most common type of work permit  for a foreigner is ‘Declaration to employ  a foreigner’.

This type of work permit can be described as a simplified procedure for obtaining a work permit. This procedure can be used for citizens of : Armenia, Belarus, Georgia, Moldova and Ukraine.

The standard procedure concerns obtaining a work permit for a type A or type B foreigner.

Type A work permits apply to all employees other than board members

Type B work permits apply to board members

What job positions are offered to the  foreigners in Poland?

In Poland, the largest number of economic migrants are citizens of Ukraine, Belarus, Georgia, China and Vietnam (data from January 2022). Most often, work permits are applied for by foreigners from neighboring countries or from countries where there is an excess of labor force who cannot find work in their home country. Employing foreigners in Poland is by far from cities with over 500,000. residents (21%).

What is the procedure for getting a work permit in Poland in 2023?

Simplified procedure: Statement on entrusting work to a foreigner

1. What citizens can apply for a work permit: this procedure applies to citizens of Armenia, Belarus, Georgia, Moldova,  Ukraine
2. Authorizes the foreigner to work within 24 months within the next 12 months. After the 12-month period, you can re-submit the statement for the next 12 months.
3. Waiting time for decisions – usually 7 days, in individual cases up to 30 days
4. Tax – 100 PLN updated n 2023.

Standard procedure: Type A or type B work permit for a foreigner to work in Poland

1. What citizens can apply for a work permit: this procedure applies to citizens of all countries.
2. Type A permit – for a foreigner working in Poland, pursuant to a contract with an entity whose registered office, place of residence or branch, plant or other form of organized activity is located in Poland.
   Type B work permit – for board members.
   Type A work permit is issued for a period of max. 3 years. Type B permit is issued for a period of 3 or 5 years.
3. Waiting time for a decision: 2-3 months
4. Tax – PLN 100.

An important issue is the qualifications for the profession of specialist employees, the so-called professional qualifications: operators of construction machinery, road machines, electricians, welders, etc. Numerous training centers offer courses for welders, operators and other specialists. Course cost from  1000 to 2000 PLN. The courses last from 1 to several weeks. The training prepares you to pass the exam and obtain permissions. On the example of the welder, permits are issued for a period of 2 years.

Documents that will be needed:

An apostiled notary copy of the passport
• An apostiled notary copy of the documents proving work qualifications and education (copies confirmed by notary and consulate)
• Contract of employment
• POA for Progress Holding Sp z o oemployee – we prepare the draft and your signature is confirmed by notary and apostilled

The Certificate A1 (Zaświadczenie A1)

The A1 certificate is a ZUS insurance certificate of an employee delegated to EU countries, confirming social security in Poland during the delegation. Certificate A1 gives advantage to pay social insurance in Poland.

In order to obtain the A1 certificate, the US-3 and Us-54 forms for non-EU citizens must be completed. The purpose of obtaining the A1 certificate is to confirm to which social security legislation the employee is subject and to certify that the employee is not obliged to pay contributions in another country.

Conditions for obtaining the A1 Certificate:

Possession of one of the following documents entitling you to stay in Poland:

a) long-term resident’s EU residence permit,

b) permanent residence permit,

c) temporary residence and work permit,

d) a Schengen visa or a national visa issued for the purpose of work:

for a period not exceeding 24 months within the next 12 months, on the basis of a declaration entered in the register on entrusting work to a foreigner

(Article 60 sec. 1 point 5 of the Act of 12/12/2013 on foreigners, Journal of Laws of 2018, position 2094), referred to in art. 88 sec. 2 of the Act of 20 April 2004 on employment promotion and labor market institutions (Journal of Laws of 2019, position 1482), for a period not exceeding 9 months in a calendar year (Article 60 section 1 point 5a of the Act on foreigners), other than specified in art. . 60 section 1 point 5 and 5a of the Act on foreigners (Article 60 section 1 point 6 of this Act)

2. A foreigner should be a tax resident in Poland (have a tax residence certificate). The conditions of points 1 and 2 must be met cumulatively.

Additionally, from March 6, 2019, the list of residence permits was extended to include a D18 visa (Visa issued to holders of a Pole’s Card – Article 60 section 1 point 20 of the Act on foreigners).

A third-country citizen who does not have one of the residence permits listed in point 1, but has a D18 visa, should attach three documents to the US-54 form:

• D18 visa,
• Pole’s Card,
• Certificate of Tax Residence (CFR-1).

The following sections must be completed on the US-54 form:

• address in the country of origin,
• your address in the country of residence,
• document qualifying to stay in Poland,
• tax liability,
• data on stay in Poland,
• the nature and specificity of the contracted or self-employed work.

What are the regulations in order to send to work in another EU  country in 2023

EU country immediately prior to commencement of employment was covered by the scheme

social security of the EU Member State in which it is established as employer. The employer has to run Regular Business Activity (RBA)

This RBA means that a substantial part of the activity must take place in the territory of the EU Member State in which the company is located. Assessment of the criterion “normal business activity in the country” is difficult, and in practice it takes into account, with an underscore, the quantitative factors are indicated:

1. the size of the administrative staff of the enterprise working at the place of business trip and the place of work of the company (in principle, the presence of only administrative personnel in the country of departure excludes the application of travel regulations. In your case, you can recruit staff and send them on free leave).
2. place of recruitment of posted workers (must be Poland)

3.provisions of contracts concluded by the delegated company with customers and employees (must be Polish)

4. the number of contracts concluded in the country of dispatch and in the state of employment (at least ¼ of employees must work in Poland – you must have contracts for work in Poland).
5. the shipping company’s turnover in the country of dispatch and in the state of employment (ie the state in which the work is performed) in the relevant typical period. For example, a turnover of about 25% of the total turnover in the country of dispatch may be sufficient, but cases where the turnover is below 25% will require more in-depth analysis. (in your case, the proceeds should come from Polish customers.
6. How long has the company been established in the participating State of placement (at least 1 year)
7. The rules require that the person be sent to another state. The EU Member State was covered by the social security scheme of the Member State in which it was established by the employer immediately prior to starting work. At least one period can be considered as meeting this requirement is 1 month.

 

Type B work permit

The application for a type B work permit concerns a foreigner performing work consisting in performing a function on the management board of a legal person entered in the register of entrepreneurs.

Needed documents:

• application for a work permit
• declaration of no criminal record of the employer or a person acting on his behalf
• a copy of all completed pages from the valid travel document of the foreigner to whom the application relates
• proof of payment for submitting the application
• a copy of the statement on the amount of income earned or loss suffered by the entity entrusting the performance of work
• documents confirming the employment status for the period of the year preceding the submission of the application
• information on the current employment status in the company entrusting the work to a foreigner

A copy of the document may be submitted instead of the original document, provided that its compliance with the original has been certified by a notary public.

Official costs:

• PLN 50 if a foreigner is employed for a period shorter than 3 months
• PLN 100 if a foreigner is employed for a period longer than 3 months

Waiting period: up to 2 months

IMPORTANT! The authority may ask you to provide evidence that the company is financially sound.

What jobs are waiting for foreigners in Poland?

Foreigners with qualifications have more chances to obtain the work permit, the demand for professionals with several years of experience is constantly growing. The greatest demand is in construction sector. Demand for foreigners is for simple jobs but also for jobs for foreigners – professionals such as bricklayer, stonemason, welder, steel structure fitter, carpenter, roofer, etc. According to experts, approximately 22% of foreign employees work in construction. The most frequently chosen professions include production workers, seamstresses, room service, cashiers and cashiers in supermarkets or mechanics, transport industry: truck driver and mechanic and gastronomy: cook, waiter, cashier. There is a great demand for IT employees and call center employees. Often foreigners work below their qualifications. The main reason here is ignorance of the Polish language.

What is the remuneration for foreigners in Poland?

In 2023, the minimum wage for an empluyee, as of  July 1,  is 3600 PLN gross, which means 2783 PLN net, and the minimum hourly rate is 23.50 PLN gross. That is what every foreigner should earn, according to the law.

Foreigners working in managerial and IT positions receive the best salaries. Foreign IT employees are able to achieve salaries of PLN 5,000 or more. In the industry sectors – an average salare is  PLN 7,500 net, i.e. PLN 5,442 gross.

Work permit in other EU countries on the example of work in Germany

In the EU, all national visas give employment permits to work only in the country that issued them. All EU companies, as well as Polish companies that have employed foreigners, can send their employees to work in Germany. But for this purpose, a foreign worker must apply for a Van der Elst working visa.

The employment process in such a company for a foreigner will be as follows:

1. The first stage is the employment of a foreigner in a Polish company with a branch in Germany (or another EU country) or concluding a contract with a German company for the provision of services.
2. The second stage – obtaining an employment visa.
3. Arranging a Polish employer for a business trip to Germany and registering the employee at the German embassy (Van der Elst visa).

What is a Van der Elst visa? It is a document that must be obtained to work in Germany.

Many international companies with branches in Poland or Germany or related to each other under relevant contracts allow work in Germany under an employment contract in Poland. It should be noted that the duration of such work will be limited.

List of documents, costs and conditions for obtaining a Van der Elst visa – please write to office@progressholding.pl  and we provide you details.

Summery –  if you have a Polish work visa or a residence permit in Poland, and the employing company is in Poland, you can be sent on a business trip to Germany or another EU country, after obtaining a special Van der Elst visa at the consulate of the country to which it belongs.

If you want to know more about work permits for Ukrainians, Belarusians, Russians, Armenians and Georgians, write to us at office@progressholding.pl

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IMPORTANT! We are offering work permit service only for companies, not for individuals. So if you want work permit service you have to have a company or represent the company. We are not a work agency. We provide help with getting work permissions in Poland without which you can’t pick up a job offered by Polish employees.

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CASE STUDY: HOW TO OBTAIN A RESIDENCE PERMIT IN POLAND

A residence permit in Poland is a legal document issued to citizens who reside in other countries and wish to stay in Poland for a specified period of time. With a temporary residence permit (residence card), you can stay in Poland from 3 to 36 months, while with a permanent residence permit (called Zezwolenie na Pobyt) you can stay in Poland indefinitely; the residence permit can be extended later for 10 years. The conditions for obtaining a residence permit are regulated by the Polish Act on Foreigners of 12 December 2013. The residence card allows free entry and exit from the country and short-term visits to other Schengen countries without a visa, medical care, education in Polish educational institutions, acquisition and rental of real estate and other property. Nevertheless, the residence permit provides the foreigner with a small part of the privileges granted by Polish citizenship.

The most common residence permits in Poland are:

Temporary residence permit: granted to non-EU citizens who intend to stay in Poland for more than 90 days. It is valid for up to 3 years and can be renewed. The holder of the residence permit is entitled to work in Poland and benefit from public services, e.g. health care.
Permanent residence permit (Permit to Stay): granted to non-EU nationals who have lived in Poland for at least 5 years on the basis of a permanent residence permit. It is valid indefinitely and allows the holder to work and travel freely in the Schengen area.
The residence permit in Poland gives foreigners the opportunity to integrate into Polish society without fear of deportation. It also helps them gain access to basic services and enjoy the same rights and obligations as Polish citizens.

List of documents required to obtain a residence permit in Poland

You will need originals and copies of certificates and other supporting documents:

An application for a residence permit in 2 copies.
Passport valid for at least 3 months after the end of the requested period of stay in Poland. 2 copies of all stamped pages
Two photographs measuring 35 mm by 45 mm.
Birth certificate.
Criminal records from all countries where the applicant has resided in the last five years.
Proof of financial self-sufficiency (e.g. bank statements, employment contract, employment certificate, business certificate, list of assets and their valuation).
Health insurance that covers the cost of medical care in Poland.
A receipt confirming payment of the application fee.
Depending on the specific situation and purpose of the foreigner’s stay in the territory of the Republic of Poland and the place where the application is submitted, additional documents may be required. In such a case, it is advisable to contact the Polish consulate to obtain detailed information on the requirements for obtaining a residence permit.

IMPORTANT: Documents drawn up in a foreign language must be translated into Polish by a sworn translator.

IMPORTANT: If you are a board member of a company or sole proprietorship, you must have a Type B work permit.

The company owned by the board member must be profitable. The annual profit should be at least 12 times the average salary, i.e. as of February 2023 it is 8164.36 PLN, or 97972 PLN.

The company must employ at least 2 EU citizens for the next 12 months. Otherwise, it must submit a business plan.

Necessary requirements to apply for a residence permit

To apply for a residence permit in Poland, all foreigners must meet a number of requirements:
The intended stay in the country for at least 3 months must be justified by the purpose of arrival and the declared reason
The applicant must not be included in the list of foreigners whose residence in the Republic of Poland is undesirable or in the Schengen Information System for the purpose of refusing entry to a person
The foreigner must not have any debts, including tax debts
The foreigner is not a threat to state security
Applicant does not have a communicable disease
The applicant is residing in the country legally
The foreigner must provide correct personal and factual information in the application and submit original documents

Main steps in obtaining a residence permit

Preparation of documents. It is necessary to collect a package of documents corresponding to the purpose of obtaining a residence permit in Poland.
Registration for a visit to the voivodship. The documents are submitted to the Office for Foreigners in the voivodship where the stay is planned. It is necessary to make an appointment in advance. This can be done online, e.g. on the website of the Mazowieckie Voivodship if the documents are to be submitted in Warsaw.
Submission of documents. The application for a residence permit must be submitted no later than on the last day of legal residence in Poland. The documents shall be submitted in person. During the visit, applicants for a residence permit abroad shall submit biometric data.
Obtaining a residence permit. The time taken to process an application is determined by the Code of Administrative Procedure and the Act on Foreigners in Poland. On average, a decision on the application is taken within 1-2 months. Some voivodeships, e.g. the Mazovian Voivodeship in Warsaw, provide the possibility to monitor the status of applications on their websites.
IMPORTANT: If a foreigner’s visa entitling him/her to stay in the country expires, the voivodship official inserts a special stamp into the passport when applying for a residence permit. This stamp allows the foreigner to officially stay in Poland for the duration of the application and while the decision is being processed.

Refusal of a residence permit

Poland has strict rules regarding the granting of residence permits, there are several reasons why a residence permit may be refused:

Unproven immigrant status – if the applicant does not provide sufficient evidence that they are an immigrant or do not meet the criteria for a residence permit in Poland, they may be refused.
Irregularities – if the applicant has broken the rules of residence in Poland or does not meet other requirements, they may not be granted a residence permit.
Insufficient income – if the applicant does not have sufficient income to support themselves and their family, they may face refusal.
Problems with the migration office – if the applicant has problems with the migration office or other authorities that may affect their ability to obtain a residence permit in Poland.
In each case, the decision to issue a residence permit in Poland is based on a number of different factors and each application is considered individually.

NOTE: If an application for a residence permit is rejected within 14 days, the applicant has the right to appeal to the Head of the Office for Foreigners in the selected province.

In order to minimise the risk of receiving a negative decision, we recommend that you seek the assistance of a lawyer or a company formation agency in this matter to ensure that all necessary steps are taken properly and in a timely manner, as well as the preparation of the package of documents required in the procedure.