Work permit for a foreigner 2022/2023

On 29 July, the Regulation of the Minister of Family and Social Policy on Work Permits and Declarations of Entrusting Work to a Foreigner (Journal of Laws of 2022, item 1558) came into force, repealing the previous regulation governing this matter. The changes in employing foreigners concern both procedures and documentation requirements. Some provisions have been clarified, including the controversial practice of attaching the same information from the district governor (starosta) to multiple applications for work permits for foreigners.

The main changes concerning the list of documents currently required in the procedures (§ 9 of the regulation) include:

1. Removal of the obligation to attach a copy of the employer’s ID card or other identity document due to the introduction of a general regulation regarding verification of the identity of the entity entrusting work to a foreigner;
2. Clarification that the district governor’s information with a specified identification number may be attached only to one application for a work permit or seasonal work permit;
3. Inclusion in the payment receipt description of the foreigner’s personal data to whom the application pertains, preventing the multiple use of one payment receipt for several applications;
4. Removal of provisions allowing submission of one copy of certain documents when the entity submits applications for more than one foreigner simultaneously;
5. Specification that documents drafted in a foreign language must be submitted together with their translation into Polish by a sworn translator registered on the list maintained by the Minister of Justice.

Note that these changes do not apply to proceedings commenced but not concluded before 29 July 2022.
 

Application for a work permit for a foreigner

As with the previously applicable regulations, the regulation states that the application for a work permit or seasonal work permit may be submitted in paper or electronic form. However, it has been clarified that electronic applications must be submitted exclusively via the IT system referred to in Article 4(1)(8) of the Employment Promotion Act (available at www.praca.gov.pl). This means that employers will no longer be able to submit electronic applications via the administrative authority’s electronic inbox. Use of the application system will be mandatory.