When you need a change of the permit

The decision granting a temporary residence and work permit indicates, among other things, the entity entrusting you with work, the position, the lowest pay, the working time and the type of contract (Art. 118 para. 1 of the Act on Foreigners). If you want to work for another entity or for another user employer, you submit an application for a change of the permit (Art. 120 para. 1 points 1 and 2).

The exception: if the decision, instead of an employer, contains information that you may work on the basis of an exemption from the obligation to hold a work permit, there is no employer in the permit (Art. 118 paras. 3 and 4). The MOS portal explains that a change of the permit is needed when the employer is named in the decision.

When a change is not needed

You do not need a change of the permit when your employer has changed only its seat, address, name or legal form, or when the workplace has been taken over by another employer (Art. 119 para. 1 points 1 and 2). The employer then notifies the voivode in writing within 15 working days (Art. 119 para. 2).

The application for a change of the permit

  • Who submits it: you. The only party to the proceedings is the foreigner, not the employer (Art. 120 para. 7).
  • To whom: to the voivode competent for the place where you are staying now (Art. 120 para. 1).
  • How: on a paper form, not in MOS (Art. 120a para. 1). See: applications outside MOS.
  • Annexes: an annex filled in by the new employer and documents confirming the data in the application (Art. 120a para. 2). The MOS portal lists, among others, a copy of the decision being changed and the employment certificate.
  • Fee: 220 PLN stamp duty. If the application is refused or the proceedings are discontinued, the fee is not refunded (Art. 120c). More: fees.

The change does not extend the validity of the permit (Art. 120 para. 3).

When the voivode will refuse the change

The voivode refuses a change to a new employer, among other things, when (Art. 120 para. 4):

  • you do not have health insurance,
  • the pay is lower than that of employees in a comparable position or lower per month than the minimum wage,
  • the occupation is on the list of occupations in which the starost restricts the work of foreigners,
  • the new employer has been punished for certain offences or crimes or does not pay contributions or taxes (Art. 117 point 1),
  • the new job is to last for a shorter time than the remaining period of validity of the permit,
  • you did not notify the voivode of the job loss on time.

The voivode may also refuse when the new employer does not carry out activity or does not have the funds to cover obligations towards you (Art. 120 para. 5).

Can you start work before the decision

Until the decision on the change, the permit lets you work only for the employer and on the terms entered in it. You may start work for the new employer earlier if the employer has a work permit for you or a declaration of entrusting work entered in the register (Art. 3 para. 3 point 3 of the Act on the Conditions for Permitting the Entrusting of Work to Foreigners). Work without such a basis carries a fine of not less than 1 000 PLN (Art. 84 para. 2 of that Act) and a decision obliging you to return (Art. 302 para. 1 point 4 of the Act on Foreigners).

When you leave the employer named in the permit

The end of work with the employer named in the permit is a job loss. You have 15 working days to notify the voivode in writing. The obligation is met if within this period you submit an application for a change of the permit (Art. 121 paras. 1 and 3). Details: job loss.

If you are only waiting for a decision on a new permit, read working while waiting. Different rules apply to the EU Blue Card - see EU Blue Card.