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Categories of foreigners who can work in Poland without work permit.

Work in Poland without a permit A – Categories of foreigners

Categories of foreigners who can work in Poland without a permit A

A foreigner may  work in Poland without a permit A or a temporary residence and work permit if:

  1. has refugee status granted in the Republic of Poland;
  2. he was granted subsidiary protection in the Republic of Poland;
  3. has a permanent residence permit in the Republic of Poland;
  4. has a long-term European Union resident’s residence permit in the Republic of Poland;
  5. has a residence permit for humanitarian reasons;
  6. has a permit for tolerated stay in the Republic of Poland;
  7. has a valid certificate issued on the basis of art. 35 section 1 of the Act of June 13, 2003 on granting protection to foreigners within the territory of the Republic of Poland;
  8. enjoys temporary protection in the Republic of Poland;
  9. is a citizen of a Member State of the European Union,
  10. is a citizen of a country of the European Economic Area not belonging to the European Union;
  11. is a citizen of a country that is not a party to the agreement on the European Economic Area, which may exercise the freedom of movement of persons on the basis of an agreement concluded by that country with the European Community and its Member States;
  12. accompanies the foreigner referred to in points 9-11 as a family member within the meaning of the Act of 14 July 2006 on the entry into, territory of the Republic of Poland and the stay of EU citizens and their family members;
  13. is a person referred to in art. 19 paragraph 2-3 of the Act of July 14, 2006 on the entry into the territory of the Republic of Poland, stay and exit from this territory of citizens of the European Union Member States and their family members;
  14. has a temporary residence permit in the Republic of Poland, as referred to in art. 114 paragraph, art. 126, art. 127 or art. 142 paragraph 3 of the Act of 12 December 2013 on foreigners – under the conditions specified in this permit;
  15. has a work permit and stays in the territory of the Republic of Poland:
    a. on the basis of a visa, with the exception of a visa issued for the purpose referred to in art. 60 paragraph 1 point 1, 22 or 23 of the Act of 12 December 2013 on foreigners, or
    b. based on Article. 108 section 1 point 2 or art. 206 clause 1 point 2 of the Act of 12 December 2013 on foreigners or on the basis of a stamp imprint included in the travel document, which confirms the submission of an application for a long-term resident’s European Union residence permit, if he was entitled to work in the territory of the Republic of Poland immediately before submitting the application Polish, or
    on the basis of a temporary residence permit, except for a permit granted in connection with the circumstance referred to in art. 181 section 1 of the Act of 12 December 2013 on foreigners, or
    based on the document referred to in art. 61 of the Act of 12 December 2013 on foreigners, specifying the status of a family member of a diplomatic mission member or consular post of a foreign country, or another person equated with them on the basis of statutes, contracts or commonly established international customs, remaining in that home community with that person, if an international agreement or agreement was concluded between the Republic of Poland and a foreign state regarding the pursuit of gainful activities by family members of staff of diplomatic missions or consular posts, or
    on the basis of a visa issued by another Schengen State, or
    on the basis of a residence permit issued by another Schengen State, or
    as part of visa-free travel;
    has a temporary residence permit in the Republic of Poland granted in connection with the circumstances referred to in art. 144, art. 151 section 1 or 2, art. 158 section 2 point 1 or 2, art. 161 section 2, art. 176 or art. 186 section 1 point 3 or 4 of the Act of 12 December 2013 on foreigners;
    is the spouse of a Polish citizen or a foreigner referred to in item 1 and para. 1 points 1-6, possessing a temporary residence permit on the territory of the Republic of Poland granted in connection with entering into marriage;
    is a descendant referred to in art. 2 clause 1 point 8 lit. b, a Polish citizen or a foreigner referred to in points 1 and 2 and par. 1 points 1-6, having a temporary residence permit on the territory of the Republic of Poland;
    has a temporary residence permit on the territory of the Republic of Poland granted pursuant to art. 159 paragraph 1 of the Act of 12 December 2013 on foreigners;
    stays on the territory of the Republic of Poland pursuant to art. 108 section 1 point 2 or art. 206 clause 1 point 2 of the Act of 12 December 2013 on foreigners or on the basis of a stamp imprint contained in the travel document, which confirms the submission of an application for a long-term resident’s European Union residence permit, if immediately before submitting the application he was released from the obligation to have a work permit based on items 1-4;
    has a valid Pole’s Card;
  16. is entitled to reside and work in the territory of a Member State of the European Union or a country of the European Economic Area not belonging to the European Union or the Swiss Confederation and is employed by an employer based in that State and temporarily delegated by that employer to provide services on the territory of the Republic of Poland ;
    in relation to whom international agreements or separate provisions allow work to be carried out without the need for a permit;
    is a citizen of a country specified in the regulations issued on the basis of art. 90 clause 10 point 2, which performs work outside the scope of activities specified in the regulations issued on the basis of art. 90 clause 9 for a period of no more than 6 months during the next 12 months, if the poviat labor office entered the declaration on entrusting the performance of work with the foreigner in the register of declarations before commencing work, and the work is performed under the conditions set out in that statement.
    is a citizen of a country other than those specified in the regulations issued on the basis of art. 90 clause 10 point 2, performing work in the professions specified in the regulations issued on the basis of art. 90 clause 11 for a period of no more than 6 months during the next 12 months, if the poviat labor office entered a statement on entrusting work with a foreigner into the register of declarations before commencing work, and the work is performed under the conditions set out in that statement.
    belongs to one of the categories of foreigners exempted from the requirement to obtain a work permit by the Regulation of the Minister of Labor and Social Policy of 21 April 2015 on cases in which entrusting work to a foreigner on the territory of the Republic of Poland is permissible without the need to obtain a work permit (Journal of U., item 588, as amended), which includes foreigners:
    conducting trainings, taking part in professional internships, advising, supervising or requiring specific qualifications and skills in programs implemented under European Union activities or other international assistance programs, also based on loans taken by the Government of the Republic of Poland;
    being foreign language teachers who work in kindergartens, schools, establishments, centers, teacher training institutes or colleges referred to in the provisions on the education system, or in Voluntary Labor Corps;
    being members of the armed forces or civilian personnel who perform work in international military structures located on the territory of the Republic of Poland, or who are foreigners delegated to implement defense programs implemented on the basis of agreements to which the Republic of Poland is a party;
    being the permanent correspondents of foreign mass media, which was granted, at the request of the editor-in-chief of a foreign editorial office or agency, accreditation of the minister competent for foreign affairs, but only in the field of professional journalistic activity performed for that editorial office or agency;
    performing artistic services individually or in groups lasting up to 30 days in a calendar year;
    giving, up to 30 days in a calendar year, occasional lectures, papers or presentations of special scientific or artistic value;
    being athletes performing, up to 30 days in a calendar year, work for an entity established in the territory of the Republic of Poland in connection with sports competitions;
    performing work in connection with sporting events of international rank, directed by the relevant international sports organization;
    who are clergy, members of religious orders or other persons who perform work in connection with their religious function, in churches and religious associations and national inter-church organizations whose status is governed by an international agreement, provisions on the State’s attitude towards a church or other religious association, or who operate on the basis of an entry in the register of churches and other religious associations, their legal persons or organizational units, as well as who perform work as a religious function in other entities, on the basis of a referral by the competent authority of the church or other religious association or its legal person;
    being students of full-time studies carried out in the Republic of Poland or participants of full-time doctoral studies held in the Republic of Poland;
    being students who perform work in the framework of professional internships to which they are directed by organizations that are members of international student associations;who are students who work under the cooperation of public employment services and their foreign partners, if the need to entrust work to a foreigner is confirmed by the competent employment authority;
    who are university students or students of vocational schools in the Member States of the European Union or countries of the European Economic Area not belonging to the European Union or the Swiss Confederation, who perform work as part of the apprenticeships provided for in the study regulations or curriculum, provided that they receive a referral to such apprenticeship from a university or professional;
    participating in cultural or educational exchange programs, humanitarian or development aid programs or student summer work programs, organized in consultation with the minister competent for labor;
    being graduates of Polish upper secondary schools, full-time higher education or full-time doctoral studies at Polish universities, in scientific institutes of the Polish Academy of Sciences or research institutes operating on the basis of provisions on research institutes;
    who work as researchers in entities referred to in the provisions on research institutes;
    delegated by a foreign employer to the territory of the Republic of Poland, if they retain their permanent residence abroad for a period not exceeding 3 months in a calendar year, in order to:
    performing assembly, maintenance or repair work, complete technologically complete devices, constructions, machines or other equipment provided, if the foreign employer is their producer,
    receiving the ordered devices, machines, other equipment or parts made by a Polish entrepreneur,
    training employees of the Polish employer who is the recipient of devices, structures, machines or other equipment referred to in point a, in terms of its operation or use,
    assembly and disassembly of exhibition stands as well as care for them, if the exhibitor is a foreign employer who delegates them for this purpose;
    working for the Members of the European Parliament in relation to their function;
    entitled under the terms of legal acts issued by bodies set up under the Agreement establishing an association between the European Economic Community and Turkey, signed in Ankara on September 12, 1963;

The above list presents the basic principles related to the right to work in Poland without a permit A and the exemption from the obligation to have a work permit for specific categories and groups of foreigners.

In order to obtain comprehensive information, please contact the competent voivodship office in which employees will explain in detail and help in case of doubt.

Undoubtedly, it is not easy to be a working foreigner in Poland – despite the existence of regulations allowing specific groups of foreigners to take up work without the need to obtain a work permit, there are still many controversial problems that do not always result from legal clutter. Foreigners in Poland still face mental problems resulting from a sense of fear and lack of adequate social knowledge.

 

See also:

Legal work permit – how to check what legal permit must contain

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Author: The Migration Bureau

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