Have you applied for an extension of the work permit? While awaiting a decision, can the employee subject to the application continue to work legally in Poland? Read the next article of the Legalisation of stay and employment of foreigners in Poland guide to find out.
LEGAL WORK IN THE POLISH TERRITORY
FAQ#24
While Awaiting Extension of a Work Permit, Can The Employee Continue to Work Legally in Poland?
If the employer employs a foreigner on the basis of an employment contract and submits an application for the extension of their work permit for the same position within the deadline, and the application does not contain any formal defects (or they have been rectified before the deadline), continued work of the foreigner on the basis of the employment contract is considered legal from the date of submitting the application until the date on which the decision on the extension of the work permit becomes final.
However, this does not release the foreigner from the obligation to have a valid basis for stay (e.g., a visa or residence card) in the territory of Poland, which does not exclude the possibility to perform work. Foreigners waiting for an extension of or renewal of residence permit can also continue to work legally.
The same rule applies when a foreigner working on the basis of an employment contract has applied for a temporary residence and work permit or a long-term EU resident’s stay permit in order to continue working at the same entity, in accordance with their work permit or previous temporary residence permit. In such a case, they usually continue their stay in the territory of Poland on the basis of a stamp in their passport, confirming that the application for a further stay permit has been submitted and verified by the voivodeship office in formal terms – i.e., that the application does not contain formal defects or that they have been rectified in time.
More questions about how to legalise your stay in Poland?
Issues related to the legalisation of employment and stay of foreigners in Poland still raise many doubts – both among employers and their foreign employees. In order to make it easier to navigate among statutory regulations, the Invest in Pomerania team in cooperation with specialists from the Pomeranian Voivodeship Office have created a publication containing a list of the most frequently asked questions regarding the procedure of applying for a residence and work permit in Poland. We sincerely hope that the publication will make the process of legalising the stay and employment of foreigners in our region more efficient. We invite you to read the entire guide. If you want to learn more about the full range of support provided by Invest in Pomerania visit the website: investinpomerania.pl .
