Blue Card – what kind of document it is and how to receive it

What is Blue Card?

Blue card is a document established by Council Directive allowing qualified non-EU workers to stay and work in the territory of any UE Member State except Denmark, Ireland and the United Kingdom.

Blue card

A foreigner who intends to work in Poland in a profession requiring high qualifications can apply for a temporary residence permit if he complies the following conditions:

1. He needs higher professional qualifications obtained as a result of:

• gain five years of professional experience at a level comparable to the level of higher education,
• qualifications attested by evidence of higher education qualifications,

2. Present the county commissioner’s information about the result of the labour market test.

The labour market test is a procedure for obtaining information on the situation on the local labour market, confirming the lack of employment opportunities for a given position of a Polish citizen or EU citizen. This means that a foreigner may obtain a work permit from a given employer if it turns out that among persons registered in the Labour Office there are no such ones that can meet the employer’s requirements.

Note! In some cases, when applying for a temporary residence permit to work in a highly qualified job, there is no requirement to obtain information from the county commissioner about the result of the labour market test.

A labour market test is not required, for example in the following cases:

• the work to be carried out is included in the list of deficit professions, included in the governor’s regulation;
• the employer applies for an extension of the work permit for the same foreigner and in the same position;
• nursing and caring work or as home help for individuals in the household;

1. has a contract of employment or a civil law contract concluded for a period of at least one year,
2. present qualifications and documents needed to perform work, in the case of regulated professions,
3. has documents confirming the possession of higher professional qualifications,
4. has health insurance,
5. has the consent of the competent authority to work in a specific position, to pursue a profession of to conduct another activity, if the obligation to obtain such consent prior to the conclusion of the agreement is required by law;
6. The amount of the minimum annual gross remuneration required for granting the permit may not be lower than the equivalent of 150% of the average salary in Poland,
7. has a place of residence in Poland,
8. has permit to perform work or start a business if it is required.

During the first two years of residence in Poland on the basis of a temporary residence permit for the purpose of performing work in a highly qualified job:

1. a foreigner may not start work with another employer than the one specified in the permit;
2. the foreigner can not change the position on which he is employed;
3. a foreigner can not be paid lower than those specified in the permit – without changing this permission.

The foreigner attaches to the application for a temporary residence permit – Annex 1 and Annex 2 completed by the employer, in which the conditions for his employment are indicated.

The permit to stay for the duration of its validity entitles you to stay in Poland and work on the terms set out in it. This permit is granted for a period longer by 3 months from the period of performing work, but not longer than 3 years, with the possibility of applying for another permit.

On its basis, the Foreigner receives a Residence Card with the annotation “EU Blue Card”.

Conditions that you have to meet:

• you submit your application for a temporary residence permit personally, no later than on the last day of your legal residence on the territory of the Republic of Poland;
• you can only collect your residence card in person;
• fingerprints will be taken from you to issue a residence card;
• documents should be submitted in Polish in originals or in photocopies together with originals for inspection;
• to documents in a foreign language should be prepared translations into Polish, made by a Polish sworn translator.

The permit is issued to work for a specific employer on specific terms. The change of employment conditions within two years of obtaining the permit requires the notification of the office that issued them. The notification should take place within 15 days. A change of employer requires a new permit. Failure to comply with these obligations may result in the withdrawal of the permit.

What documents do you have to submit?

• 2 copies of the application for a temporary residence permit completed in accordance with the instructions, with 2 annexes,
• 4 current color photographs,
• valid travel document (2 photocopies, original available for inspection),
• confirmation of payment of stamp duty,
• labour market test or information justifying lack of a need to present the labour market test,
• employment contract, outwork contract or a civil-law agreement concluded for a period of at least 1 year
• documents confirming higher professional qualifications
• document confirming having health insurance
• information on the annual gross remuneration specified in the contract

Note!
Documents can be submitted only personally, during stay on the territory of Poland.

Sources:

https://mazowieckie.pl/

http://www.migrant.info.pl