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Job Change and Residence Permit






Another challenging and confusing issue that we want to explain is changing jobs. What happens with your residence permit when you change employer? Should you apply for a new one or amend the current one? And what if you get promoted or the terms of your work contract change?

Everything depends on your legal status and the type of work and residence permit that you hold. Let’s have a look at some cases below:

SINGLE WORK AND RESIDENCE PERMIT

Foreigners holding a residence permit entitling them to work can be divided into two groups – those who have full access to the Polish labour market and can freely switch jobs (eg. students and Polish university graduates), and those whose residence permit is connected to one specific workplace. If you belong to the first group, you don’t need to get a new residence card, nor amend the current one upon changing jobs. However, as a rule of thumb, you should notify the immigration office about every job change within 15 days.

If you are allowed to work only in one specific company, you need to apply for a new residence permit every time you change job. Furthermore, you are obliged to officially notify the immigration office within 15 days of the day you stopped working at the previous company and bring a new set of documents confirming that you secured a new job within another 15 days. Otherwise, the office will initiate a procedure for your residence permit cancellation. In the case of your employment conditions changing (position, working hours, salary reduction, type of contract), your residence permit must be amended and a new “informacja starosty” (labour market test) provided along with the new contract. Failure to comply with these requirements may also result in the cancellation of your residence permit.

WORK PERMIT TYPE A

The situation is much more cumbersome if you are a work permit type A holder. Every job-related change makes it necessary to apply for a new permit as it is not possible to amend this type of permit.

EXCEPTIONS

Not all changes make is necessary to update the above-mentioned types of permits. The Act on the Promotion of Employment and Labour Market Institutions and the Act on Foreigners do not require this in the event of a change of the registered office of the company, place of residence of the employee, name or legal form of the employer or if the company has been taken over in whole or in part by another company.

EU BLUE CARD

This type of work and residence permit is being issued for highly-skilled professionals and brings with it a range of special benefits. EU Blue Card holders wishing to change jobs can do so without having to apply for a new permit. Within the first two years of employment they are obliged to amend the permit at the competent immigration office, and after this period it is sufficient to just notify the office about any job-related changes.


Suggested Link:
FAQ Page for Pinoy Workers in Poland





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