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 claiming 3 years of legal and uninterrupted residence on the basis of Article 88c, paragraph 8 of the Law, it will be necessary to present the remaining written pages of the passport (stamps and visas) and the original when submitting a copy of the passport.
• a copy of the payment receipt identifying the foreigner to whom the application relates;
• a copy of the return on the amount of income earned or loss incurred in the tax year preceding the submission of the application (e.g., CIT 8);
• documents confirming employment status for the period of the year preceding the application;
• documents confirming the circumstances referred to in Article 88c, paragraph 4, item 2 of the Law, if the premise for the issuance of the permit is to demonstrate these circumstances;
  or
  documents confirming the foreigner’s fulfillment of the requirements referred to in Article 88c Section 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 higher education institution having its seat in the territory of the Republic of Poland or another state of the European Economic Area or the Swiss Confederation, or is a doctoral student in a doctoral school run by an entity having its seat in 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!
In the case specified in Article 88e, paragraph 2 of the Law, a document on the current state of employment in the entity entrusting work to a foreigner must be presented.

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 B work permit be renewed?

A work permit shall be extended upon written application by 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:

• documents listed in point 1.