Type A work permit

1. What documents should be submitted?

application for a work permit (you will find a specimen of the application in the supplementary materials);
“statement on the lack of criminal record of the employer or person acting on his behalf” (i.e., a statement of the entity entrusting the performance of work to a foreigner regarding the circumstances referred to in 88j paragraph 1 points 3-7 of the Act) consistent with the facts as of the date of submission of the application and signed not earlier than 30 days prior to the submission of the application – signed only by the employer (not the employer’s proxy);
original power of attorney/authorization (in case the employer does not submit the application personally);
a copy of the pages of a valid travel document with the personal data of the foreigner to whom the application relates, and if the foreigner does not have a valid travel document and it is impossible to obtain one, a copy of another valid document proving his/her identity;
In the case of citing 3 years of legal and uninterrupted residence as the basis for the exemption from the district governor’s information, it will be necessary to present the remaining recorded pages of the passport (stamps and visas) and the original when submitting a copy of the passport.
a copy of the proof of payment specifying the foreigner to whom the application relates;
articlesof association – if the entity entrusting the foreigner with work is a limited liability company in organization, or notarial deeds of incorporation – if the entity entrusting the foreigner with work is a joint stock company in organization;;
documents confirming the fulfillment of qualificationrequirements and other conditions necessary to perform work in a regulated profession;
a document drawn up by the user employer, confirming the agreement on the referral of a foreigner by a temporary work agency – if the entity entrusting the work is that agency;
information from the starost competent for the foreigner’s main place of work on the inability of the entity entrusting work to a foreigner to meet its staffing needs based on the registers of unemployed and job seekers or on the negative result of the recruitment organized for the employer, issued no earlier than 180 days before the application, and in cases justified by the starost – issued no earlier than – 90 days before the date of application, if required;
- in case the specific nature of the work performed by the foreigner does not allow to indicate the main place of its performance, the aforementioned information is issued by the starost competent for the seat or place of residence of the employer;
- in case the specificity of temporary work performed by a foreigner does not allow to indicate the main place of its performance, the aforementioned information is issued by a starost competent for the seat or place of residence of the user employer;
documents confirming that the foreigner meets the requirements for candidates for work by the entity entrusting the work, as specified in the starost’s information – if it was required;
or
documents confirming the foreigner’s fulfillment of the requirements referred to in Article 88c(8) of the Act, i.e:
in the period of 3 years preceding the submission of an application for a work permit, the foreigner graduated from a university established on the territory of the Republic of Poland or another state of the European Economic Area or the Swiss Confederation, or is a doctoral student at a doctoral school run by an entity established on the territory of the Republic of Poland
or
for 3 years preceding the submission of the application for a work permit, the foreigner was legally residing on the territory of the Republic of Poland and the stay was uninterrupted within the meaning of Article 195 (4) of the Law on Foreigners of December 12, 2013;

NOTE!
Documents drawn up in a foreign language, with the exception of travel documents, serving as evidence in the proceedings for the issuance of a work permit, a seasonal work permit or for the entry of a statement on entrusting work to a foreigner in the register of statements or in the proceedings for the extension of a work permit or the extension of a seasonal work permit, shall be submitted together with their translation into Polish by a sworn translator entered on the list of sworn translators kept by the Minister of Justice.

The documents must be signed by an authorized person.

Copies of the documents must be attached to the application. The examining authority may require the submission of original documents, copies of which are attached (does not apply to copies of a foreigner’s passport, copies of proof of payment).

Instead of the original document, a party may submit a copy of the document if its conformity with the original has been certified by a notary public or by the party’s attorney who is a lawyer, legal counsel, patent agent or tax advisor appearing in the case.

2. Can an existing type A work permit be renewed?

A work permit shall be extended upon written application of the employer, submitted no earlier than 90 days and no later than 30 days before the expiration of the permit. The entity entrusting the performance of work to a foreigner, submitting an application for the extension of the work permit, shall attach to the application:

the documents listed in item 1;
and
a contract concluded between the entity entrusting work to a foreigner and the foreigner, which is the basis for the performance of work in accordance with the work permit;
documents confirming the payment of social security contributions, if they were required in connection with the performance of work by the foreigner for the entire period of work of the foreigner under the permit.

You will find a specimen of the application in the supplementary materials.

The starost’s information is not required if the employer does not plan to change the position in which the foreigner will be employed or the occupation is exempt from the obligation to attach the starost’s information.