In 2017, a momentous event occurred - a visa-free regime was officially introduced between Ukraine and the European Union. From now on, Ukrainians are no longer required to apply for visas for trips to Europe for tourist purposes. At the same time, visas remain relevant for those who plan to work in one of the EU countries, including Poland.
True, Ukrainians in Poland can work on a biometric passport without a work visa. What is needed for this and what working conditions can be found in the article Working in Poland with a biometric passport? However, a work visa is still required for those who do not have a biometric passport, as well as those who want to work in Poland for longer than 90 days in six months.
In addition to the fact that workers continue to be forced to obtain Polish work visas, they will also face many changes related to the employment process in Poland. Recall that from January 1, 2018, new rules apply for the employment of foreigners in Poland. In this regard, potential labor migrants have many questions regarding the current rules for applying for a work visa, the answers to which we provide in this article. Apply Australia Visa
What changes does the law introduce in order to employ foreigners in Poland? According to Polish law, in order for a foreigner to legally work in Poland, he must receive an appropriate document that allows him to do this.
Previously, a foreigner could legally work in Poland for 6 months within 12 months on the basis of an employer declaration of intention to employ foreigners registered by the County Government of Labor, but now this point has been canceled and in 2018, in order to be able to work legally, you must obtain a work permit or permission for seasonal work.
A work permit is issued for work in all fields of activity, except seasonal work.
A seasonal work permit is issued for work in industries identified as seasonal.
A work permit is issued for a period not exceeding a total of 6 months during the year.
A seasonal work permit is issued to foreigners from non-EU countries and gives the right to work exclusively in those areas that are considered seasonal. With a seasonal work permit, you can work in Poland for a maximum of 9 months during the year. Therefore, in order to legally work in Poland, according to the new law adopted, a foreigner must:
Have a document that allows it to enter the Polish labor market (work permit or permit for seasonal work).
It is legal to be in Poland (having an appropriate (work) visa, biometric passport or residence permit).
Work on the conditions specified in the work permit.
Sign the relevant employment contract with the employer.
For more information about the documents required to obtain a work visa, read the article What you need to apply for a work visa You can read about all the changes introduced since January 1, 2019, in the field of employment of foreigners in Poland HERE.
Note! A declaration of intention to employ old-style alien (ie, issued before January 1, 2018) will be considered valid s m only until 31 December 2018 inclusive. Ukrainians who submit applications for a work visa at the Polish consulates on the basis of a statement of intention to provide work to a foreigner can use old-style applications until October 31, 2018. From November 1, 2018, work visas based on old applications WILL NOT be opened.
We also draw your attention to the fact that in 2018 a draft amendment to the Polish Labor Code is being prepared. One of the main innovations will be the abolition of civil contracts between the employer and the employee (umowa zlecenia and umowa o dzieło). Instead, there will only be an employment contract (umowa o pracę). Read more about this in the article: Changes to the Polish Labor Code in 2018
There are several types of visas on the basis of which you can legally work in Poland. For employment purposes, you can get a working Polish national visa (D05, D05a, D06) , which allows you to stay 6 or 9 months in Poland for a year or a short-term Schengen visa (C05) for 3 months.
Work visa D05 (Polish national) - gives the right to legally work in Poland for 6 months during the year on all types of work, except seasonal; Know more about visa
Work visa D05а (Polish national) - gives the right to work legally in Poland for 9 months during the year, but only for jobs that are recognized by the Polish law as seasonal;
Work visa D06 (Polish national) - gives the right to legally work in Poland for longer than 6 months on all types of work, except seasonal.
Previously (until 2018), there were only two types of national work visas to Poland - D 05 and D 06, which gave the right to work in Poland for 6 months a year. However, in connection with the new employment rules for foreigners adopted and introduced on January 1, 2019, in Poland, a new type of visa appeared - D 05a.
Now, in order for the employee to work legally in Poland, he needs to obtain a work permit or a seasonal work permit. On the basis of a work permit, a national visa D05 (for 6 months) is issued, and on the basis of a permit for seasonal work, a national visa of type D 05a (for 9 months) is issued.
True, Ukrainians in Poland can work on a biometric passport without a work visa. What is needed for this and what working conditions can be found in the article Working in Poland with a biometric passport? However, a work visa is still required for those who do not have a biometric passport, as well as those who want to work in Poland for longer than 90 days in six months.
In addition to the fact that workers continue to be forced to obtain Polish work visas, they will also face many changes related to the employment process in Poland. Recall that from January 1, 2018, new rules apply for the employment of foreigners in Poland. In this regard, potential labor migrants have many questions regarding the current rules for applying for a work visa, the answers to which we provide in this article. Apply Australia Visa
What new employment rules for foreigners were introduced in Poland in 2018?
As early as June 22, 2017, the Polish Sejm adopted the Law "On Amending the Law on Promotion of Employment and Labor Market Institutions and Other Legislative Acts", which slightly changes the existing employment rules for foreigners. This Law entered into force on January 1, 2018.What changes does the law introduce in order to employ foreigners in Poland? According to Polish law, in order for a foreigner to legally work in Poland, he must receive an appropriate document that allows him to do this.
Previously, a foreigner could legally work in Poland for 6 months within 12 months on the basis of an employer declaration of intention to employ foreigners registered by the County Government of Labor, but now this point has been canceled and in 2018, in order to be able to work legally, you must obtain a work permit or permission for seasonal work.
new rules for employing foreigners
So, from January 1, 2018, there are two documents that give the right to legal work to foreigners in Poland - a work permit and a seasonal work permit. According to the new rules, they are issued on the basis of an application by the employer of the intention to entrust the work to a foreigner (oświadczenie o zamiarze powierzenia pracy cudzoziemcowi) .A work permit is issued for work in all fields of activity, except seasonal work.
A seasonal work permit is issued for work in industries identified as seasonal.
A work permit is issued for a period not exceeding a total of 6 months during the year.
A seasonal work permit is issued to foreigners from non-EU countries and gives the right to work exclusively in those areas that are considered seasonal. With a seasonal work permit, you can work in Poland for a maximum of 9 months during the year. Therefore, in order to legally work in Poland, according to the new law adopted, a foreigner must:
Have a document that allows it to enter the Polish labor market (work permit or permit for seasonal work).
It is legal to be in Poland (having an appropriate (work) visa, biometric passport or residence permit).
Work on the conditions specified in the work permit.
Sign the relevant employment contract with the employer.
For more information about the documents required to obtain a work visa, read the article What you need to apply for a work visa You can read about all the changes introduced since January 1, 2019, in the field of employment of foreigners in Poland HERE.
Note! A declaration of intention to employ old-style alien (ie, issued before January 1, 2018) will be considered valid s m only until 31 December 2018 inclusive. Ukrainians who submit applications for a work visa at the Polish consulates on the basis of a statement of intention to provide work to a foreigner can use old-style applications until October 31, 2018. From November 1, 2018, work visas based on old applications WILL NOT be opened.
We also draw your attention to the fact that in 2018 a draft amendment to the Polish Labor Code is being prepared. One of the main innovations will be the abolition of civil contracts between the employer and the employee (umowa zlecenia and umowa o dzieło). Instead, there will only be an employment contract (umowa o pracę). Read more about this in the article: Changes to the Polish Labor Code in 2018
What types of visas give the right to employment in Poland (Polish work visa C05, D05, D05a, D06)?
Not all visas give the right to legal employment in Poland. If you are planning a long trip to stay and work in Poland for the purpose of earning money, you need to develop a special work visa.There are several types of visas on the basis of which you can legally work in Poland. For employment purposes, you can get a working Polish national visa (D05, D05a, D06) , which allows you to stay 6 or 9 months in Poland for a year or a short-term Schengen visa (C05) for 3 months.
Types of work visas to Poland:
Work visa С05 (Schengen) - gives the right to work legally in Poland for 3 months within six months;Work visa D05 (Polish national) - gives the right to legally work in Poland for 6 months during the year on all types of work, except seasonal; Know more about visa
Work visa D05а (Polish national) - gives the right to work legally in Poland for 9 months during the year, but only for jobs that are recognized by the Polish law as seasonal;
Work visa D06 (Polish national) - gives the right to legally work in Poland for longer than 6 months on all types of work, except seasonal.
Previously (until 2018), there were only two types of national work visas to Poland - D 05 and D 06, which gave the right to work in Poland for 6 months a year. However, in connection with the new employment rules for foreigners adopted and introduced on January 1, 2019, in Poland, a new type of visa appeared - D 05a.
Now, in order for the employee to work legally in Poland, he needs to obtain a work permit or a seasonal work permit. On the basis of a work permit, a national visa D05 (for 6 months) is issued, and on the basis of a permit for seasonal work, a national visa of type D 05a (for 9 months) is issued.
Polish work visa - 8 most common questions
Reviewed by ahmhasan
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January 10, 2020
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Reviewed by ahmhasan
on
January 10, 2020
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