Śląski Urząd Wojewódzki w Katowicach

Who does it apply to?

An application for granting temporary residence permit for the purpose of work in a profession requiring high qualifications can be submitted if the purpose of the foreigner's stay on Polish territory is highly qualified work.

The application for granting or amending permit for temporary residence and work in a profession requiring high qualifications should include information of the staroste with jurisdiction over the principal place of work of a foreigner about the lack of opportunities to meet staffing needs of the employer in the local market.

This information is requested by the entity offering work to the foreigner (colloquially - the employer).

In the proceedings for granting or withdrawing a temporary residence permits the only party to the proceedings is the foreigner.

Additional documents

The foreigner is obliged to submit:

• Your contract of employment, contract for home-based work, performance of work under a civil law agreement - concluded for a period of at least one year, with the one-year or six-months gross remuneration,
  
  
• any documents confirming you have got all required qualifications and requirements to perform duties in so called regulated job - as described in Polish Act of 18 March 2008 on recognition of job qualifications acquired in other EU countries,
  
  
• documents confirming your formal higher professional qualifications (education at a tertiary level),
  
  
• documents confirming possessing a health insurance or coverage by the insurer of the cost of medical or ambulatory treatment in Poland (e.g. ZUS – Polish Social Insurance Institution - certificate, other insurance policy - for instance: ZUS RCA report signed by an authorised person),
  
  
• permission of a proper body to perform a job or to practise a profession if there is such an lawful obligation in this particular case,
  
  
• Confirmation by the Starosta (head of Polish regional administrative unit) - relevant according to your future workplace - that your proposed work post cannot be filled in by a Polish unemployed person or that recruitment procedure in Polish employment service was unsuccessful or
  
  
• previous work permit or temporary residence permit if you apply for the same work post at the same employer to continue -without any break - the same work or
  
  
• documents confirming that you have been employed in Poland for two years on the grounds that you have got a temporary residence permit in order to perform a highly-skilled work (i.e. high working qualifications have been needed) or
  
  
• in case you have just worked at least 3 months on the legal basis as a foreigner registered in the regional (the powiat unit) employment service, then you need to submit: employment contract, documents confirming possessing a social insurance i.e. ZUS – Polish Social Insurance Institution - ZUS RCA report signed by an authorised person, confirming that ZUS premium for last 3 months was covered.

NOTICE!

During the first two years of foreigner’s residence on the territory of the Republic of Poland on the basis of this permit:

1) the foreigner may not commence work with entity other than the one specified in the permit,

2) the foreigner cannot change the position at which he is employed;

3) the foreigner cannot be paid less than the amount specified in the permit

There is an  legal framework enabling control and management of migrations of foreigners to Poland for purposes related to the performance of work in a profession requiring high qualifications – the possibility of imposing limits in the future on issued residence permits for foreigners.

These provisions are complementary to their counterparts on the grounds of work permits, seasonal work permits and declarations on entrusting work contained in the Act on Employment Promotion and Labor Market Institutions. These provisions make it possible to specify in a flexible manner, by way of regulation, one or multiple limits, with a possible division into voivodships, professions, the types of contracts under which work is to be performed and the types of business conducted by entities entrusting work. This allows – in the future, as cognitive tools corresponding to the situation on the Polish labor market are developed – for effective counteracting of negative phenomena on the labor market.