Type D 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 – shall be signed only by the employer or a person designated by the foreign employer referred to in Article 88c(6)(3) of the Act and having appropriate authorization to represent him;
• original power of attorney/authorization (in case the employer does not submit the application personally);
• acopy 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 is unable to obtain one, a copy of another valid document confirming his/her identity;
• a copy of the proof of payment identifying the foreigner to whom the application relates;
• documents confirming that the foreigner performs work for a foreign employer and will be posted to perform work on the territory of the Republic of Poland;
• an up-to-datedocument from the relevant register confirming the legal status and form or nature of the activity conducted by the foreign employer;
• thecontract under which the service in the territory of the Republic of Poland is or will be provided;
• documents confirming the fulfillment of qualificationrequirements and other conditions necessary to perform work in a regulated profession;

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 the assignment of 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 D 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:

• 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.

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