Two different decisions

A work permit and a temporary residence and work permit sound similar, but they are two separate decisions, applied for by different persons. The first gives the right to work, the second - the right to stay and to work.

Work permit

  • Who applies: the employer (Art. 8 para. 1 of the Act on the Conditions for Permitting the Entrusting of Work to Foreigners, hereinafter: the Act on Entrusting Work). The only party to the proceedings is the employer (Art. 12 point 1).
  • Who issues: the voivode competent for the employer's registered office (Art. 26 para. 1). A seasonal work permit is issued by the starost (Art. 46).
  • How: the application is submitted only in the ICT system - see praca.gov.pl (Art. 8 para. 2).
  • What it gives: the right to work for the indicated employer, valid up to 3 years (Art. 15). It does not give the right of stay. You must have a separate basis of stay, e.g. a visa issued for the purpose of work, a temporary residence permit or visa-free travel (Art. 3 para. 3 points 1, 3 and 6).

Details: work permit.

Temporary residence and work permit

  • Who applies: you. The only party to the proceedings is the foreigner (Art. 113a of the Act on Foreigners). The employer only completes the annex with data about the work.
  • Who issues: the voivode.
  • What it gives: legal stay and work on the conditions from the decision, for no longer than 3 years (Art. 98 para. 2 and Art. 114 para. 1). You receive a residence card.

Details: temporary residence and work.

Which permit to choose

  • You are coming to work for a definite period and have a visa for the purpose of work or can work visa-free - the employer needs a work permit (Art. 60 para. 1 points 5-6 of the Act on Foreigners, Art. 3 para. 3 of the Act on Entrusting Work).
  • You want to live in Poland for longer and have a residence card - you submit an application for a temporary residence and work permit.
  • You already have a temporary residence permit granted for another reason - the employer can obtain a work permit (Art. 3 para. 3 point 3). Exception: a permit under Art. 181 para. 1 of the Act on Foreigners.

The voivode will refuse to institute proceedings on residence and work, among others, when on the day of submitting the application you are staying on a tourist visa, a visa for the purpose of a visit, studies or medical treatment (Art. 116 point 5 of the Act on Foreigners). Citizens of some states can also use a declaration of entrusting work.

When you have both decisions

A work permit expires by operation of law on the day you receive a temporary residence and work permit with the same employer in the same position. It also expires on the day a permanent residence permit or an EU long-term resident permit is granted (Art. 24 of the Act on Entrusting Work).

When you change employer, the rules depend on which permit you have - see changing employer.