Settlement permits in Poland

On February 9, 2011, in Immigration, by Kalina Jaroslawska

If you want to stay in Poland for longer, without limits on time, there are two legal instruments available:

  • the settlement permit and
  • the European Communities long-term residency permit.

These two instruments differ as to the conditions precedent to be met by the applicant.

The settlement permit is granted to a foreign national who, inter alia:

  • is a minor child of a foreign national who has been issued the settlement permit, provided that that child was born in Poland or
  • has been married to a Polish citizen for at least 3 years prior to filing for the settlement permit and directly before such filing has been staying in Poland for at least 2 years under the temporary residency permit or
  • is a child of a Polish citizen and remains under his or her parental care.

The settlement permit is granted for an indefinite period of time on the foreign national’s application. The application must be made during the foreigner’s legal stay in Poland, otherwise it will be left unresolved.

The settlement permit is issued by the provincial governor where the foreign national is staying.

A foreign national holding the settlement permit is issued a residency card valid for 10 years. The residency card entitles the foreign national to cross Polish borders without the need of a visa.

As I have written in Work permits in Poland and the residency instruments, foreign nationals holding the settlement permit are not required to obtain the work permit if they wish to undertake employment in Poland.

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Temporary residency permits in Poland

On February 7, 2011, in Immigration, by Kalina Jaroslawska

Returning to immigrations issues…

Another legal instrument to legitimize a foreign national’s stay in Poland is the temporary residency permit.

The temporary residency permit may be issued to a foreign national whose expected period of stay in Poland exceeds 3 months. Legal grounds justifying issue of the temporary residency permit are various and include, apart from employment, e.g. business activity, artistic engagements, vocational training, or matrimony to a Polish citizen.

In order to obtain the temporary residency permit for purposes of employment, the applicant must present the work permit or, if it is not required, a promise of employment from his or her prospective employer.

The temporary residency permit for purposes of employment is granted for no longer than 2 years and may be renewed for further periods not exceeding 2 years each. The application for renewal must be filed no later than 45 days before lapse of the period of stay defined in the preceding permit. There is no limit on the number of temporary residency permits to be held by the same individual nor the cumulative duration of stay in Poland based on that instrument. Also, it is not required that the temporary residency permit be preceded by a visa – it is possible to apply for the permit forthwith.

The temporary residency permit is granted by the provincial governor where the foreign national is staying or intends to stay.

A foreign national holding the temporary residency permit is issued a residency card valid for the duration of the permit. The residency card entitles the foreign national to cross Polish borders without the need of a visa.

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Penalties for illegal work in Poland

On January 30, 2011, in Work permits, by Kalina Jaroslawska

This is just a short entry to write about consequences of illegal work in Poland.

A foreigner will be considered to work illegally in Poland if:

  • he or she works without a required work permit or
  • he or she occupies a different post than stated in the work permit or
  • he or she works under different conditions than stated in the work permit.

A foreigner working illegally may be fined at minimum 1000 PLN and/or expelled from Poland.

An employer employing a foreigner illegally may be fined at minimum 3000 PLN.

This post closes the work permits series of entries. If you have any questions on that, or feel some more details would seem useful, please do not hesitate to ask! :-)

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Work permits in Poland – legal arrangements covered

On January 24, 2011, in Work permits, by Kalina Jaroslawska

A work permit is required if a foreign national does qualifying work in Poland under one of the following arrangements:

  • under a contract concluded with a Poland based entity – this is the most common situation, where a foreign citizen enters into an employment contract or other directly with his or her Polish employer;
  • as a result of having been posted to Poland by his or her foreign employer to that employer’s Polish branch office or establishment, affiliated organization, for a period longer than 30 days in a calendar year;
  • as a result of having been posted to Poland by his or her foreign employer without a Polish branch office, establishment or other affiliated organization, in order to provide temporary or occasional services – this will apply if a foreign company entered into a service contract with a Polish organization and posts its employees to Poland to ensure delivery of the contract (e.g. construction works);
  • as a result of having been posted to Poland by his or her foreign employer for other purposes than above, for a period longer than 3 months during 6 consecutive months.

Foreign individuals holding positions in management boards of Polish legal entities will need a work permit only if they reside in the territory of Poland, in connection with their function, for a cumulative total exceeding 6 months during 12 consecutive months.

The statutory instruments issued to complement the work permits regulations list a number of individual work permit exemptions, which should be applied on a case-by-case basis.

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Work permits in Poland – qualifying work

On January 23, 2011, in Work permits, by Kalina Jaroslawska

Lawyers and law makers adore definitions and they couldn’t do without one with respect to work permits, either :-)

The definition of qualifying work under work permits regulations is broad and covers:

  • regular work under an employment contract;
  • other gainful activity, e.g. under a civil law contract;
  • holding positions in management boards of Polish legal entities, even if the individuals concerned do not receive consideration in exchange or there is no formal contract between them and the entities concerned – in this case the sole act of appointment as member of the management board triggers the use of the work permit regulations.

The legal entities in question will mostly be commercial companies holding legal capacity, i.e. limited liability companies and joint-stock companies.

For more information on when the work permit is required, see next posts.

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