Some of the the latest changes in work TRC procedure include:
1. No lease contract required in work TRC procedure,
Before the amendment of the law, when applying for a work TRC (among other things), a foreigner is obliged to provide documentation proving that s/he has a place to stay in Poland. Usually, we submit a lease agreement.
With the changes on the Act of Foreigners, there will be no lease contract among many other documents essential to acquiring work TRC. The amendment lifts such obligation.
Attention! The amendment applies only to work TRC. Subsequently, you will still need to submit a lease agreement if applying for a TRC based on your business activity or full time studies.
2. Possibility to change employer within the period of validity of work TRC,
If foreigner wants to change employer during validity of her/is work TRC, s/he needs to apply for a new residence permit.
This rule was lifted with the amendment to the Act on Foreigners. When a foreigner changes employer, he/she will only be required to apply for a change of their work TRC by informing tne Voivode for amendment to temporary residence and work permit. Note that the foreigner will be able to commence work for a new employer after Voivode decision on the permit change.
3. Instruction on Foreigners’ Rights and Duties
Office processing a foreigner’s case was legally obliged to inform a foreigner applying for a visa, TRC or being party to proceedings regarding his/her obligation to return to the country of origin about his/her rights and obligations associated with the procedure. The instruction has to be issued in a language known to the foreigner. Usually, the Vovoide while processing TRC applications, almost never issue said instruction and if they do, it is always in Polish.
4. No matter if full-time or part time job, or contract of employment or mandate - minimum wage (PLN 3 100) is a must
Before the amendment, foreigner has to prove having source of regular and stable income or he applies for work TRC with part-time basis job, work based on a civil law contract (such as a contract of mandate), in the decision, income was calculated in proportion to work time.
Now, regardless of the basis of employment or its time frames, the foreigner cannot receive a salary lower than the minimum wage if he/she wants to be granted work TRC.
5. TRC decision issued in 60 days
Currently, an applicant has to wait 90 days for Voivode’s decision regarding her/is TRC application (In practice, in some departments of foreign affairs it takes up to 2 years to complete that task), with the exception for full time student who should be granted TRC based on April 2019 amendment within 60 days.
Voivode’s deadline for issuing a TRC decision will be shortened to 60 days. The time limit starts to run on the day of the applicant’s fingerprints submission, unless there are some missing documents – then the clock starts running on the day of filing those.
6. Possibility to work up to 24 months based on declaration of entrusting work to foreigner.
An employer, while registering its statement on entrusting work to a foreigners (if he/she is a citizen of Ukraine, Russia, Belarus, Armenia, Georgia or Moldavia) in the Poviat Labour Office could do it for a maximum time of 6 months in a 12 months period.
Due to the amendment, an employer will be able to register its statement to entrust work to a foreigner for up to 24 months, with no additional limits.
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3. Instruction on Foreigners’ Rights and Duties
Office processing a foreigner’s case was legally obliged to inform a foreigner applying for a visa, TRC or being party to proceedings regarding his/her obligation to return to the country of origin about his/her rights and obligations associated with the procedure. The instruction has to be issued in a language known to the foreigner. Usually, the Vovoide while processing TRC applications, almost never issue said instruction and if they do, it is always in Polish.
4. No matter if full-time or part time job, or contract of employment or mandate - minimum wage (PLN 3 100) is a must
Before the amendment, foreigner has to prove having source of regular and stable income or he applies for work TRC with part-time basis job, work based on a civil law contract (such as a contract of mandate), in the decision, income was calculated in proportion to work time.
Now, regardless of the basis of employment or its time frames, the foreigner cannot receive a salary lower than the minimum wage if he/she wants to be granted work TRC.
5. TRC decision issued in 60 days
Currently, an applicant has to wait 90 days for Voivode’s decision regarding her/is TRC application (In practice, in some departments of foreign affairs it takes up to 2 years to complete that task), with the exception for full time student who should be granted TRC based on April 2019 amendment within 60 days.
Voivode’s deadline for issuing a TRC decision will be shortened to 60 days. The time limit starts to run on the day of the applicant’s fingerprints submission, unless there are some missing documents – then the clock starts running on the day of filing those.
6. Possibility to work up to 24 months based on declaration of entrusting work to foreigner.
An employer, while registering its statement on entrusting work to a foreigners (if he/she is a citizen of Ukraine, Russia, Belarus, Armenia, Georgia or Moldavia) in the Poviat Labour Office could do it for a maximum time of 6 months in a 12 months period.
Due to the amendment, an employer will be able to register its statement to entrust work to a foreigner for up to 24 months, with no additional limits.
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