European Union laws temporary citizenship emigration Poland
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[FAQ] Poland: residence permit – Map of the hour of the day.
Answers to questions are personal opinions of the conference participants and can not be the only true and indisputable, since in many of them there is no objective comparison, an analyst, and special cases are considered instead of generalized answers.
Responses are provided solely for the purpose of familiarization and are not a recommendation for the adoption (or non-acceptance) of any decisions.
[FAQ] Poland: residence permit – Map of the hour of the day.
The document gives permission for temporary residence in the country, official employment and doing business, also certifies the identity of the person and gives the possibility of re-entering the Polish border multiple times, without issuing a visa. If you intend to obtain a residence permit in Poland, we will analyze your options and offer solutions.
BASES FOR RECEIVING A RESIDENCE IN POLAND:
2. Legal work in Poland.
3. Training in Polish educational institutions (internship in the EU)
4. Spouse of a citizen of Poland or a foreign citizen who has the right to residence permit, permanent residence in Poland.
5. Presence of family ties with a citizen of Poland, an EU citizen.
Special cases: recognition of activities on the territory of the Republic of Poland – outstanding athletes, scientists, cultural figures.
An alien applying for a temporary residence permit on the basis of the work performed in Poland must not first obtain a PERMISSION TO WORK.
The decision on granting permission for temporary residence and work indicates the data of the foreigner’s employer, the position that the foreigner must fulfill, the minimum wage of the foreigner in this position, the hours of work, the type of contract on the basis of which the foreigner must perform the work.
In the event that a foreigner intends to work with several employers, several employers are specified in the decision, and the conditions for performing the work are determined separately for each subject (employer).
If a foreigner is released from the obligation to have a work permit in Poland, the conditions for performing work are not determined in the decision to grant a temporary residence permit and work.
The salary of an alien may not be lower than the wages of workers performing work, in the same amount of hours of work, of comparable nature or in a similar position.
The permit for temporary residence and work is issued for a maximum of 3 years. The validity of the permit for residence and work can be, however, shorter – the period for which permission is granted depends on the documents submitted by the foreigner. For example, if a foreigner has signed a contract with the employer for a period of 2 years, in this case the residence and work permit will also be issued for a period of not more than 2 years.
Upon a foreigner’s application, the residence and work permit may be changed at any time by the voivode at the place of residence of the alien if the foreigner intends to perform work with another employer or on other terms than is specified in the decision to issue a temporary residence permit and work permit.
In the event of a change in the legal address or place of residence, the name or legal form of the employer or in the event of the employer or part of it being taken by another employer, no change or issuance of a new permit for temporary residence and work is required.
The voivode cancels, that is, revokes the permit for temporary residence and work, if the position declared in the permit is changed or the salary is reduced, and the permit has not been changed.
The voivode refuses at the beginning of the production of a permit for temporary residence and work, if the foreigner:
1. Is an employee sent to work in Poland for a certain period of time by an employer with a legal address outside Poland – during the entire period of the trip (in the case of a business trip, a foreigner must apply for temporary residence for work by an alien sent by a foreign employer to Poland; kind of residence permit is below),
2. I traveled to Poland on the basis of obligations specified in international agreements concerning assistance in the entry and temporary stay of certain categories of individuals engaged in exchange or investment,
3. Carries out business in Poland.
If a foreigner loses his job from any employer specified in the decision, he must inform the voivode in writing, which issued a temporary residence and work permit within 15 working days from the time of loss of employment. If the foreigner informs the voivode in writing about the loss of work on time, his permission for temporary residence and work can not be withdrawn within 30 days from the loss of work. If within 30 days after the loss of work and notification of this fact the voivode of the foreigner does not find a new job, his permission for temporary residence and work can be revoked. If a foreigner finds a new employer within 30 days and receives a new permit for temporary residence and work, he can continue to legally reside in Poland.
2. Permit for temporary residence for the purpose of performing work in a specialty requiring high qualifications (Blue card)
Permission for temporary residence for the purpose of performing work in a specialty requiring high qualifications is granted for a period longer than 3 months from the date of performance of the work, but not more than 3 years.
A foreigner who resides in Poland on the basis of a temporary residence permit for the purpose of performing work in a specialty requiring high qualifications must, in the event of losing his job within 15 working days, inform in writing his voivode at the place of his current residence.
At the request of an alien, a temporary residence permit for the purpose of performing work in a specialty requiring high qualifications may be changed at any time by the voivode at the place of residence of the alien if the foreigner intends to perform work with another employer than is specified in the permit, intends to change the post or will receive a lower salary than it is defined in the permit.
However, during the first 2 years of staying in Poland on the basis of a temporary residence permit for the purpose of performing work in a specialty requiring high qualifications:
1. A foreigner can not start work with another employer than indicated in the permit.
2. The alien can not change the position.
3. An alien can not be paid a salary lower than indicated in the permit without changing this permit.
If, after 2 years in Poland, on the basis of performing work in a specialty requiring high qualifications, the foreigner has changed his post, he has been reduced his salary or changed the number of hours of work and / or the type of contract on which he works, he is obliged to inform the voivode on this place of residence within 15 working days. In the event of a change in the legal address or place of residence, the name or legal form of the employer or in the event of the employer or part of it being taken by another employer, it is not required to change or issue a new temporary residence permit for the purpose of performing work in a specialty requiring high qualifications.
1. Work permit (Sezvolenie) or declaration-declaration of intention to entrust a job to a foreigner (Consecration);
2. Medical insurance;
3. A stable and regular source of income sufficient to cover the costs of maintaining themselves and family members who are dependent;
4. Guaranteed place of residence (residence permit);
5. Letter – business trip with the indication of the period of travel and wages;
6. A certificate of compliance with tax obligations in relation to the State Treasury, issued by the Tax Office at the place of residence of the alien.
7. An alien who in the last tax period submitted a tax return in Poland must submit a personal income tax return (PIT-37 or 40) for the previous year. If a foreigner has not settled in Poland, he must write a statement on the absence of a personal income tax declaration (PIT);
1. Availability of health insurance.
2. A stable and regular source of income sufficient to cover the costs of maintaining themselves and family members in detention;
3. Authorization of the competent body to occupy a certain position or perform a profession, if the presence of a permit is mandatory by law;
4. A guaranteed place of residence.
A company headed by a foreigner must meet the following requirements:
In the tax year preceding the submission of documents for the provision of temporary residence for the purpose of carrying out entrepreneurial activities, it received an income of not less than 12 times the average monthly salary established by the General Statistics Office (GUS) in the third quarter of the year preceding the filing of documents in the voivodeship where the company is registered or a foreigner resides, or has been employed for an indefinite period by a whole rate for at least 1 year prior to applying for a residence permit as a minimum m 2 of Polish citizens or foreigners eligible to start work in Poland without a work permit, or prove the availability of facilities and conditions that in the future will meet the criteria specified in the previous paragraph or carry out activities that promote investment, technology transfer, the introduction of useful innovations or creating new jobs.
The first permit for temporary residence for the purpose of studying at the university is granted for 15 months. If the documents submitted by the student applying for permission prove the necessity of his stay in Poland for a period of less than 1 year, the first permit will be issued for a period of one academic year or for study at the university, extended for 3 months (which means, for example, if there are 5 months left before the end of the academic year , the temporary residence permit will be issued for 8 months). The second and regular temporary residence permits will be issued to a foreigner for up to 3 years on a general basis.
In the event that a foreigner has received a temporary residence permit, but he is struck from the list of students, the university will notify the voivode in writing about this fact, which issued a temporary residence permit to the alien. This can serve as the basis for the cancellation of the residence permit, because the purpose of the stay, on the basis of which the student was granted a temporary residence permit, has exhausted itself.
The contract on the admission of an alien to a scientific institution for the purpose of implementing a research project is a labor contract or a civil law contract.
Permission for temporary residence for the purpose of scientific research is provided for the duration of the research project or for the duration of the development work, but not more than 3 years.
A temporary residence permit for family reunification is issued for a period of:
1. Until the expiry date of the temporary residence permit issued to an alien to whom a family member has arrived, or with whom he resides in Poland;
2. For 3 years – in case an alien to whom a family member has arrived or with whom he resides in Poland has been issued a permanent residence permit, a residence permit for a long-term EU resident, additional protection has been granted, a residence permit for humanitarian reasons, or if he was granted refugee status in Poland.
In the case of marriage, Polish institutions verify the veracity of the marriage, that is, if it was not concluded in a fictitious manner, in order to circumvent the provisions of the law (that is, only to obtain a residence permit in Poland). For this, among other things, the spouses will be summoned to the institution, where they will have to answer questions concerning their marriage.)
1. He is a minor child of an alien staying in Poland without guardianship;
2. Has a residence permit for a long-term EU resident provided by other EU states and: intends to do business or carry out business in Poland (a residence permit for a long-term EU resident issued in a country other than Poland does not entitle the foreigner to start work in Poland, permission to work), or intends to start or continue in Poland to study at a university or vocational training or indicate other circumstances justifying his residence in Poland;
3. Is a member of the family of an alien who has a residence permit for a long-term EU resident who is granted to him by another EU state with whom he has stayed in the territory of another state, accompanies him or wants to join him in Poland;
4. Intends to start or continue education or vocational training in Poland;
5. He is a graduate of the Polish university and is looking for work in Poland;
6. Is a clergyman, monk or a person performing religious functions in the church and religious communities whose status is regulated by an international treaty, the provisions of Polish law or which operates on the basis of a record in the register of churches and religious communities if his stay in Poland is related to the function performed or preparation for its implementation,
1. Name (surname) and surname of the owner, as well as the names of the parents.
2. Date, place and country of birth.
3. The address of the residence permit for permanent or temporary residence.
5. Sex, height in centimeters and eye color.
6. PESEL number if assigned.
7. Type of issued permit.
8. The note “scientist” (permission for temporary residence, issued for scientific research)
9. The note “Blue card of the European Union” (permission for temporary residence is issued for the purpose of working in a profession requiring high qualifications)
10. The mark “access to the job market” (in the case of a permit issued for an alien who has the right to work in Poland or is exempt from compulsory availability of a work permit)
11. Fingerprints.
12. Name of the authority that issued the residence permit.
13. Date of issue of residence permit.
14. Date of expiry of validity of residence permit.
15. Photo of the foreigner.
16. The notation “international protection is recognized … (an indication of an EU member state that recognized it) … (the date of recognition of international protection)” – in the event that a foreigner received a residence permit in Poland for Poland and simultaneously recognized international protection in Poland or another EU country.
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