Legalization of stay and work for foreigners in Poland

Currently, there are numerous detailed legal regulations governing the entry and stay of foreigners in Poland, as well as the possibilities of employment or conducting business activities by foreigners. The procedure for legalizing the stay of foreigners, as well as their employment, varies depending on the country of origin of the foreigner. Moreover, the procedure for legalizing the stay, as well as the formalities to be fulfilled, are directly related to the purpose for which the foreigner intends to stay in the territory of the Republic of Poland.

In Poland, the regulations governing the legal basis for residence and employment of foreigners are contained in various legal acts, including:

• The Act on Foreigners;
• The Act on the Promotion of Employment and Labour Market Institutions;
• The Act on Assistance to Ukrainian Citizens in Connection with the Armed Conflict on the Territory of that State (concerning, among other things, the legalization of the stay in Poland of Ukrainian citizens);
• The Act on the Entry, Stay, and Exit from the Territory of the Republic of Poland of Citizens of the European Union Member States and their Family Members;
• The Act on Granting Protection to Foreigners on the Territory of the Republic of Poland;
• The Act on Special Solutions Related to Preventing, Countering, and Combating COVID-19, Other Infectious Diseases, and Crisis Situations Caused by Them;
• The Regulation of the Minister of Internal Affairs and Administration on visas for foreigners;
• The Regulation of the Minister of Family and Social Policy on work permits and statements on entrusting work to a foreigner;
• The Regulation of the Minister of Internal Affairs and Administration on the application for a temporary residence permit for a foreigner;
• The Regulation of the Minister of Internal Affairs on the application for a permanent residence permit for a foreigner;
• The Regulation of the Minister of Internal Affairs on the application for a long-term resident’s residence permit of the European Union;
• The Regulation of the Minister of Labour and Social Policy on cases where entrusting work to a foreigner on the territory of the Republic of Poland is permissible without the need to obtain a work permit;
• The Regulation of the Minister of Family and Social Policy on work permits and statements on entrusting work to a foreigner;
• The Regulation of the Minister of Labour and Social Policy on determining cases where a work permit for a foreigner is issued regardless of the detailed conditions for issuing work permits to foreigners.
• It should be emphasized that illegal residence and employment of a foreigner in the territory of the Republic of Poland may lead to negative legal consequences both for the foreigner and for the entity employing them.

Therefore, in view of the above, as well as due to the numerous different legal acts regulating the issue of legal stay and employment of foreigners, it is recommended to seek assistance from specialists in the field of stay legalization. Lawyers within the law firm provide comprehensive and specialized legal assistance, as well as legal advice to foreigners. The law firm offers services for both foreigners and entities employing or intending to employ foreigners. Years of experience in handling cases related to the legalization of stay and employment of foreigners have allowed for the development of appropriate procedures and necessary document templates to be submitted with the application, depending on the purpose of the foreigner’s stay in the territory of the Republic of Poland, as well as familiarity with the administrative practice in this area. This undoubtedly allows for a significant shortening of the entire legalization procedure and obtaining the necessary decisions in a relatively short time.

We offer our clients knowledge and expertise in obtaining necessary documents legalizing the stay and employment of foreigners in the territory of the Republic of Poland. Our offer is directed both directly to foreigners and to entities employing or intending to employ foreigners. The law firm also provides ongoing assistance to entrepreneurs employing foreigners.

OFFER FOR FOREIGNERS:

• Legal assistance for foreigners – analysis of the foreigner’s factual and legal situation and identification of the appropriate procedure for obtaining legal residence in Poland for the foreigner and their family;
• Preparation of applications with a complete set of documents in the procedure for obtaining a temporary residence permit, taking into account the purpose of the foreigner’s stay in Poland;
• Preparation of applications with a complete set of documents in the procedure for obtaining a permanent residence permit;
• Preparation of applications with a complete set of documents in the procedure for obtaining a single permit for residence and work;
• Preparation of applications with a complete set of documents in the procedure for obtaining a long-term resident’s residence permit of the European Union;
• Preparation of applications with a complete set of documents in the procedure for obtaining a Polish Card;
• Representation of foreigners before administrative authorities during the residence legalization procedure;
• Preparation of appeals and complaints against negative decisions regarding the legalization of residence and employment of a foreigner in Poland;
• Preparation of appeals against decisions obliging a foreigner to leave;
• Assistance in removing a foreigner’s data from the list of undesirable foreigners staying in the territory of the Republic of Poland;
• Legal advice for foreigners;
• Legal assistance for foreigners.

OFFER FOR ENTITIES EMPLOYING OR INTENDING TO EMPLOY FOREIGNERS:

• Analysis of the possibility of employing a foreigner in terms of the legality of the foreigner’s stay in the territory of the Republic of Poland;
• Preparation of applications with a complete set of documents in the procedure for obtaining a work permit;
• Representation of entities entrusting work to foreigners before administrative authorities during the legalization of the foreigner’s work in the territory of the Republic of Poland;
• Representation of entities entrusting work to foreigners before control authorities including the Border Guard;
• Analysis of the need to obtain information from the county governor about the impossibility of meeting the employer’s personnel needs based on registers of unemployed persons and job seekers or a negative result of recruitment organized for the employer;
• Assistance in preparing an application to the county governor to obtain information about the lack of possibility to meet the employer’s personnel needs based on registers of unemployed persons and job seekers or a negative result of recruitment organized for the employer;
• Assistance during the registration/notification of employment of a foreigner at the Labour Office.
• The services of the law firm in this area include analysis of the foreigner’s factual and legal situation, preparation of the appropriate application with a complete set of documents, and representation throughout the proceedings before the competent administrative authorities. Based on the documents provided, we advise our clients on which legalization procedure to choose for a particular foreigner and how to legally employ a foreigner. In the event of inspections by authorities such as the Border Guard, the law firm assists in the control activities and prepares the required documents requested by the inspector.