The difference between Work Permit and Residence and Work Permit in Poland.
These two at first sight very similar concepts carry quite different meanings and functions:
Work permit is a document issued to foreigners intending to start working in Poland. This document is not a basis for crossing the borders of Poland or other EU member countries. To receive it, the future employer must apply for issuing such permit to the immigration office.
- If a foreigner stays outside of Poland, he can use #work permit to obtain a work visa at the consular section of the Polish Embassy.
- If a foreigner legally resides in Poland (has actual work visa), then on the basis of #work permit, he can simply start working with this employer.
- If a foreigner has entered Poland on the basis of work visa obtained by a #work permit from a specific employer, he can only start working with that specific employer.
- If a foreigner wants to change his employer, the new employer must obtain a new #work permit for him. It is not legal to change job simply on the basis of a work visa, without obtaining a new work permit.
- Foreigner can apply for a residence and work permit in Poland during the validity of his work visa (in other words, during a legal stay).
Temporary residence and work permit (or, in other words - temporary residence permit based on work) is a document issued to foreigners intending to live and work in Poland for a long time. This document (in the form of a plastic card) also allows you to cross borders, live and work in Poland, as well as stay in the EU for tourism purposes up to 90 days in a 180-day period
- You can apply for a residence permit in Poland during the validity of your work visa from the first day of stay to the last. In other words, during the period of legal stay.
- The purpose of stay with which the foreigner applies for a residence permit must correspond to the purpose on the basis of which he received his visa to Poland. For example, if a foreigner entered Poland on the basis of a work visa, then the purpose of the residence permit should also be work. If purposes are different or if a foreigner stays in Poland on the basis of visa issued by another EU country, then there is a very high probability of refusal to issue him a residence permit.
- If a foreigner received a residence permit in Poland on the basis of work, then he automatically receives a work permit in Poland. In other words, it is a card that combines both concepts - permission to work and permission to stay and work.
- If a foreigner has finished work with an employer, on the basis of with whom he received a residence permit, he must inform the immigration office about this event within the next 15 days, and within 30 days submit a new application for a new residence permit on the basis of work with a new employer.
- Changing the employer and notification of the immigration office starts the process of obtaining residence permit in Poland from the very beginning, if the foreigner has submitted documents for obtaining a new residence permit in terms mentioned above.
- During the period of obtaining a residence permit, if a foreigner does not have an actual work permit, he does not have the right to work in Poland, but only to stay with the purpose of waiting for the issue of residence permit.
- If a foreigner's work visa has been expired, but work permit is still valid, and he has applied for a residence and work permit, then he can work for the entire period until the expiration of the validity of the work permit.
- With a permit to stay and work in Poland, foreigner does not have the right to work in other countries of the European Union. Residence and work permit is issued for work with a particular employer and only in Poland.
- It is not possible to change the employer without changing the residence and work permit. You need to go through the whole process of obtaining a residence permit again.
- Temporary residence and work permit is issued for a period from 1 to 3 years. After the expiration of the validity of a residence permit, it must be renewed by submitting a corresponding application to the immigration office.
- After 5 years of stay on the basis of a residence and work permit, it can be replaced by a residence permit of a long-term EU resident. From this moment, a foreigner has the right to work without work permit on the territory of Poland.
- After 3 years of stay on the basis of a residence permit of a long-term resident of the EU, it can be replaced by the Polish citizenship.
** The knowledge of the Polish language at the intermediate level (B1), confirmed by a state certificate, is to be a requirement for obtaining a permanent residence permit or a long-term EU residence permit, pursuant to the draft amendments to the Act on foreigners.
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