Legalization of work and stay - this is what you need to know

Legalization of work and stay abroad are processes that you must know perfectly if you want to work outside your country. Ignorance of them may expose you to legal problems. In this article, we will discuss key aspects such as required documents and formalities. Read to find out more.

Legalization of stay

The legalization of a foreigner’s stay depends on which country he comes from. Citizens of the EU, EEA and Switzerland can stay in Poland for up to 3 months without the need to register their stay in any way.However, as far as third-country nationals are concerned, they may enter the territory of the Republic of Poland on the basis of a visa or visa-free travel (if they are entitled to it). From February 24, 2022, Ukrainian citizens who came to Poland due to the war can stay here until September 30, 2025, without the need to apply for a residence card.

Foreigners who are not citizens of European Union countries must obtain a residence permit for a fixed period in order to stay in Poland for more than 3 months. This requires justification of the need to stay on Polish territory.The basis for such justification may include, among others:

work permit in Poland (the most common work permit is type A)
employer’s declaration on entrusting work to a foreigner
running a business in Poland that contributes to the growth of jobs
willingness to continue education or undertake studies
participation in internships financed by the European Union

A temporary residence permit is issued for a maximum period of 3 years. A foreigner should submit the application no later than on the last day of legal stay in Poland.

Legalization of work – work permit

a work permit legalizes a foreigner’s work in a specific position with a specific employer;
the employer applies for a work permit;
you can apply for it at the appropriate voivodeship office, depending on the employer’s registered office;
in order to obtain a permit, the employer must present appropriate documents and complete an application specifying, among other things, the nature of the work he intends to entrust to the foreigner, the type of contract, and the amount of remuneration;
in most cases, the employer must perform the so-called labor market test, i.e. obtaining information from the starosta (competent for his seat or place of residence) about the inability to meet staffing needs;
the permit is issued for a period of one to three years and may be extended;
the permit entitles the foreigner to work only for a specific employer and under the conditions specified in the permit.

Legalization of work and stay – documents

Legalization of work. A foreigner who wants to work legally in Poland must have one of the following documents:

Work permit issued by the voivode competent for the foreigner’s place of residence. Both the foreigner and his employer may apply for a work permit.
A uniform temporary residence and work permit issued by the voivode. It entitles you to both stay and work in Poland.
A uniform temporary residence permit for the purpose of performing work in a profession requiring high qualifications (so-called Blue Card) issued by the voivode. It entitles you to both stay and work in Poland in a profession requiring high qualifications.
Declaration on entrusting work to a foreigner, submitted by the employer to the Office for Foreigners. It entitles the foreigner to work for a given employer for a specified period of time.
In some cases, a foreigner may work in Poland on the basis of a visa, e.g. a work visa or a Schengen visa with the right to work.

Legalization of stay. A foreigner who wants to legally stay in Poland must have one of the following documents:

A visa issued by a Polish consular mission abroad. The visa may be issued for various purposes, e.g. tourism, business, family, research.
Temporary residence permit issued by the voivode. It entitles you to stay in Poland for a specified period of time.
Refugee status granted by the Office for Foreigners to people who have fled their country of origin due to persecution.
Temporary protection granted by the Office for Foreigners to people who cannot safely return to their country of origin.

Legalization of work and stay at Migconstruction

Are you an entrepreneur, you have a company in Poland and you want to employ a foreigner from outside the EU, EEA or Switzerland? You must first obtain permission for him to perform his work. We are aware of the amount of formalities involved in legalizing an employee’s work. For this reason, we provide comprehensive services for the legalization of work and stay of foreigners.

We start with an individual consultation with you and your employees to understand their needs and expectations and explain the entire process of legalizing your stay. In addition, we help in collecting the necessary documents and completing formalities to ensure that all requirements are met in accordance with applicable law. In the next steps, our team of specialists submits all necessary applications and documents to the appropriate offices, ensuring that the entire process goes according to plan. In addition, we remain in constant contact with our clients, informing them about the progress of the process and taking all necessary actions to ensure its successful completion.

Summary

Legalization of work and stay is crucial to obtaining legal status in Poland and other countries. Moreover, to enjoy full employee rights. Remember that having appropriate documents, such as a work visa, work permit and residence card, is often necessary to work legally and benefit from social security.