Sunday, September 4, 2022

Portugal Work Permit

 Before we can dive deep into the ‘How To Apply For A Portugal Work Visa’, let us look at all the information you should know before applying. Such as:

What Is A Portugal Work Visa?


There is no official term for a visa that allows you to work in Portugal. In essence, a Portuguese Work Visa is either a short-stay visa that allows you to work in Portugal for a time not exceeding 90 days or a temporary residence permit that allows you to work in Portugal for a time exceeding 3 months.

A temporary residence permit can be renewed after 2 years for an additional 3 years. After 5 years, you can apply for permanent residence or Portuguese citizenship. Once you are a Portuguese citizen, you do not need to apply for a "Portugal work visa."

In this post, we will keep using the term "Portugal Work Visa".

Portugal Work Visa For A EU/EEA Or Switzerland Citizen

If you reside in an EU country or a country that forms part of the European Union, you do not need to apply for a specific visa to work in Portugal. Citizens from these nations are allowed to travel, work and live in Portugal without a visa. However, if you plan to stay in Portugal for more than 3 months, you will need to obtain a Residence Certificate (Cerificado de Registo).

Portugal Work Visa For A Non-EU/EEA or Swiss Citizen

If you are a Non-EU/EEA or Swiss citizen, you will most likely need to apply for a Portugal Work Visa to work in Portugal. To be able to do this, you will first need to secure a job in Portugal. Once you have done this, you can start the process of applying for a Portuguese Work Visa.

In accordance with Portugal's regulations, employers need to advertise new job opportunities to Portuguese or EU/EFTA citizens. After advertising the job for 30 days, the Institute of Employment and Vocational Training in Portugal (IEFP) will classify them as jobs that can be filled by non-EU citizens.

What To Know Before Applying For A Portugal Work Visa?

There are a few simple things to know before applying for your Portugal Work Visa.

You will need a job offer/work contract - Before starting the application process for a Portugal Work Visa, you need to have a work contract from your employer in Portugal. The contract should include where you will work, what company you will work for, and what work you will be doing.

Your employer needs to apply for a Work Permit on your behalf - Your employer will need to apply for your Work Permit at the Portuguese Labor Authorities. The permit will indicate what work you will be doing and where you will be doing that work.

If you decide to relocate or apply for a new job, you need to reapply for a Work Permit. This is because your Work Permit specifies where you will be working and what work you will be doing. If your Work Permit does not match your current job position or location, you might get in trouble with the Portuguese Authorities.

Once your work contract or work permit is approved - If your employment is less than 6 months or your country of origin requires you to do so, you will need to apply for a Portuguese Work Visa. In the segment below, we will look at the different types of Portugal Work Visas you can apply for.

Those planning to work in Portugal for a longer period, need to apply for a Residence permit.

What Are The Types Of Portugal Work Visas?

There are 2 main types of work visas that Portugal offers. These are known as "Temporary Stay Visas" and "Residency Visas." The two types of visas differ in validity and allow multiple entries into the country. The most common Portuguese national work visa types are:

Portugal Work Visa

A Portugal Work Visa is the most common work visa for employees working in Portugal. It is a standard residence permit that is valid for 1 year and is renewable for up to 5 years. If you have a work contract that exceeds 1 year, you will most likely apply for a Portuguese Work Visa.

Independent Work Visa

If you wish to work in Portugal independently, you can apply for a Temporary Stay or Residency Visa. However, a Temporary Stay Visa will allow you to work in Portugal for up to a year. Note that when applying for this visa, you are not allowed to work for a company in Portugal. All revenue generated should be external or online. A Temporary Visa is also known as a Digital Nomad Visa or an Independent Work Visa. If you are self-employed, then this is the perfect visa for you.

Highly Qualified Work Visa

A Highly Qualified Work Visa is issued to individuals who conduct scientific research or other highly qualified activities. Examples of Highly Qualified Workers include scientists, medical professionals, and engineers. Additionally, personals that are in the higher education teaching / professorial activity, highly qualified subordinate activity, show business, and performing artists can also apply.

EU Blue Card

An EU Blue Card is issued to those who have sought-after skills. It is an extremely popular option for professionals who reside outside the European Union. Note that to be eligible for an EU Blue Card, you will need to provide supporting documents that prove your education, skills, and experiences.

If you wish to know more about the types of visas Portugal offers, you can check our complete Portugal visa guide.

What Is The Validity Of The Portugal Work Visa?

Depending on the type of Portugal work visa for a temporary type work permit or residency work type permit, the validity period will differ.

For example, if you have applied for a temporary stay visa, you can live in Portugal for less than a year, allowing multiple entries during the validity of the visa. In addition, you can apply for a Short Stay or Temporary Stay Work Visa if your work period does not exceed one year. This visa is used for seasonal work or work purposes that require a short-term stay.

Whereas National Work Visas, known as residency or long-stay visas, allow you to work in Portugal for a period exceeding one year. National Visas are the most common visas used for work purposes.

With a Portugal residency visa, the holder is allowed two entries during a 4 months period. During this period, the visa holder must apply for their residency permits at the Immigration and Border Services (SEF). The residency permit can then be granted for up to 5 years, depending on the permit type.

What Are The General Document Requirements For A Portugal Work Visa?

The documents required for your Portugal Work Visa are divided into 2 sections. The work permit requirements and the work visa application requirements.

Required Documents For A Portugal Work Permit

After you have received your work contract, your employer will need to apply for your work permit. The documents required include, but are not limited to, the following:

A valid Portuguese Residence Visa

Proof of accommodation in Portugal

A valid passport or government-issued travel document

2 recent passport photos. These must be colored passport photos.

Clear criminal record

A work contract between the employer and employee

Proof of registration with Portugal Social Security

Company tax statements

Proof that the position could not be filled by an EU/EEA or Swiss citizen

The required documents mentioned above should only be viewed as a guideline. These documents are submitted by your employer and may not be the same as the documents required for your Portugal Work Visa application.

We recommend that you contact your employer and ask what documents they require from you when submitting your work permit application.

Required Documents When Applying For A Portugal Work Visa

Once your work Portuguese Work Permit is approved, you must apply for a Portuguese Work Visa. Head over to your nearest Portuguese Consulate or Embassy to start your application.

Listed below are the documents required for a Portugal Work Visa:

A filled-out Portuguese visa application form

A valid passport or government-issued travel document

2 colored passport photos

Proof that you are financially able to support yourself during your stay in Portugal

A clean criminal record from your country of origin

A document permitting SEF to check your Portuguese criminal records

Proof of health insurance or valid travel insurance. This insurance should provide coverage in Portugal

Proof of accommodation in Portugal. It can include a rental agreement or hotel reservations

Your employment contract

If you are already in Portugal: A visa that proves you are legally allowed to enter Portugal

If you are applying from your home country: Proof that you are allowed to stay in Portugal, such as a residence permit or any other relevant visas.

These are the most common documents required when applying for a Portugal Work Visa at the Portuguese Embassy. There are some Portugal work permits where additional documents may be required. We recommend you contact your Portuguese Consulate/Embassy to check what documents you need for your specific Portugal Work Visa.

We recommend that you start gathering all your documents as soon as possible. It will make the process easier in the long run.

How To Apply For A Portuguese Work Visa - Step-By-Step Instructions

Once you have gathered all the necessary documents, you can start the Portugal work permit application. Let us look at the steps you must follow in detail:

Step 1 - Applying For Your Portugal Work Permit

Once you have signed the contract for your new job, your employer will need to apply for a Work Permit at the Portuguese Labor Authorities of the Portuguese Immigration and Borders Service (SEF) on your behalf.

Ensure that you provide all the documents required from your employer. They will submit the relevant documents and inform you once your Work Permit is approved.

Step 2 - Applying For Your Portugal Work Visa

After you have received your work permit, you can start your Portuguese Work Visa application.

Fill out the application form - Ensure that all the information you provide is accurate and correct. Missing or incorrect details can lead to your visa being denied. Check that the personal information you provide matches the information found on your passport or travel document.

Collect all your documents - Start collecting all your documents. Ensure that you have the original documents and copies. You will need to submit these later in the application process.

Note that all the documents you provide should be in English or Portuguese. If your documents are not in one of these languages, you can translate them by a certified translator.

There are cases where you must legalize certain documents. You can legalize your documents through an Apostille Stamp or through the Portuguese Embassy in your home country. The Apostille Stamp, or certificate, is attached to your original document. The stamp confirms that the document presented is legitimate and authentic.

Schedule and attend an appointment at the Embassy/Consulate - You will need to schedule an appointment at your local Embassy/Consulate. At the appointment, you will submit your documents and attend an in-person interview. After a successful interview, you will receive your Portuguese Work Visa. If you are nervous about your appointment, we can help you pass your interview with ease.

Step 3 - Applying for your residence permit in Portugal

Your work visa will grant you entry to Portugal and is only valid for 4 months. You will need to travel to Portugal within 4 months to start the application process for your residence permit.

Register for social security and get a tax number - The first thing you need to do is register for social security in Portugal. You can register for your social security at the Portuguese Social Security Office.

Your tax number (NIF) can be acquired before you travel to Portugal. Remember you will need to have a Portuguese Bank Account before applying for your NIF. If you do not have any one of these, you can easily apply for it in Portugal. We recommend using Bordr as it is the fastest and easiest way to get your NIF and Portuguese Bank Account.

Book an appointment at SEF (Serviço de Estrangeiros e Fronteiras) - Once in Portugal, you will need to book your appointment at SEF. Here you will attend another interview. After you have passed your interview, your biometric data will be collected, and you will receive your residency permit.

When applying for your visa at the Embassy, they will make the SEF appointment for you. The Embassy officials require you to provide details of your departure date and where you will be living in Portugal. If you are not sure of any of these, you can schedule your appointment as soon as you are in Portugal.

What Is The Portugal Work Permit Visa Processing Time?

The Portugal work permit processing time depends on individual visa application, and it is based on its own merits. In certain instances, the Portugal work permit processing time could be shorter than the general time if all the information and documents provided are correct.

The Portugal work permit processing time could be anywhere between 60 days to a few months. Generally, SEF takes about 30-60 days to process the Work Permit application. After that, you can expect the Embassy to issue an entry visa after 2-3 months.

What Are The Portugal Work Visa Fees?

When applying for a Portugal work visa, you must expect to pay multiple fees for different reasons. There could be more costs related to the visa application process, such as making copies, traveling, mailing or courier, etc. Some of the fees related to a Portugal work visa are:

€90 for your temporary visa that allows entry to Portugal.

To apply for a residence permit that allows work in Portugal costs around €83. These are the cost related when submitting your application form at SEF

To receive the residence permit for work purposes from the SEF costs around €72

If you do not wish to apply for a work permit, you can check out our blog on Portugal D7 Visa for an alternative route to Portugal residency.

And if you're looking to go sightseeing before your work starts, you can check out the Portugal Tourist Visa blog. Or, you can apply for your Portugal/Schengen Visa quickly and hassle-free using Atlys.

Frequently Asked Questions

How Long Is My Portugal Work Visa Valid For?

If you have a Portuguese Work Visa, you are allowed to work in Portugal for 1-2 years. If you wish to work in Portugal longer, you need to renew your permit before it expires.

Can I Get Residency Permit With A Work Visa In Portugal?

Yes, you can get a permanent residence permit in Portugal after you have lived in the country for five years with a temporary resident permit. If you are a permanent resident permit, you do not need to apply for a work permit.

Can I Gain Citizenship With A Portuguese Work Visa?

Essentially a Portuguese Work Visa is a residence permit that allows you to work in Portugal. After 5 years in Portugal, you can apply for permanent residence or Portuguese Citizenship.

Do I need A Portuguese Work Visa If I Am A Portuguese Citizen?

No. Once you are a Portuguese citizen, you do not need to renew or apply for a new work visa.

Can I Work In Portugal Without A Work Visa?

If you are an EU/EEA or Swiss citizen, you can work in Portugal without acquiring a work visa. Note that if you intend to stay more than 3 months, you need to obtain a Residency Certificate.

Unfortunately, if you are a non-EU citizen you need to apply for a specific work visa if you wish to work in Portugal.

What Are The Requirements For An EU Blue Card?

​The most common requirements include:

Your country of residence should not be in any of the Schengen member states.

Employment contract or binding employment offer.

​You will need to provide documents that support your qualification and necessary experience.

Poland Work Permit

 Foreign workers are required to have the proper visas and work permits in Poland, as established by immigration laws. Work permits must be secured for employees, and sponsored by a locally licensed and incorporated entity, which can be a problem for companies just entering the Polish market. Poland is known for typically being quite inflexible with its visa arrangements for foreigners, and visas will only be granted if no suitable Polish candidate can be sourced for a position. If you have yet to complete the incorporation process you can use an outsourced management company or GEO Employer of Record to sponsor the employee for the necessary permits.

PLC


It is possible for companies that have established limited liability or joint-stock companies, or limited or limited joint-stock partnerships, to arrange visas for their workers. The relevant visa is Work Permit C, for foreigners who perform work in Poland for a foreign employer for a period exceeding 30 days, as long as the conditions of their employment align with the conditions stipulated within the Polish Labour Code. Permits are issued by the Province Governor. Work permits are valid for a maximum one year and are only valid if the applicant performs the work specified in the permit.

Non-EU residents must apply for a work permit if they wish to work in Poland. There are various exceptions, including:

Individuals with refugee status

Permanent residents of Poland

Beneficiaries of temporary or humanitarian protection from Poland

Victims of human trafficking

Individuals performing scientific research for at least 30 days per year

The steps to apply for a work permit in Poland are as follows:

Employer carries out labour market test

Employer begins application for foreigner’s work permit

Upon successful application, the Voivode will issue the work permit, at which point the applicant may begin undertaking employment

1. Labour market test carried out by employer

Employers must carry out a labour market test to acquire information about the circumstances surrounding employment in the local labour market. This test must confirm that there are no eligible Polish or EU nationals who could be employed in a given position.

The process is as follows:

1. Employers submit notification of vacancy to the County Labour Office.

2. The Labour Office then analyses the records of all unemployed people and job seekers

3. If the analysis determines that there are sufficient persons meeting the job requirements, the Labour Office will undertake its own recruitment amongst these individuals.

4. Remuneration proposed by the employer is compared to the remuneration that could be obtained in the same or similar position for similar work by the Labour office. These sums must be similar

5. The County Commissioner will issue the relevant decision.

6. If appropriate, the governor will issue the decision to the employer who is then able to apply for a work permit and temporary residence permit on behalf of the foreigner.

The labour market test does not need to be carried out in the following circumstances:

The work is included in the list of occupations which are in great demand – these are specified by the local Voivode

A work permit is being extended for the same foreigner for the same job

The foreigner is a citizen of a country bordering Poland or with which Poland works cooperatively on labour immigration, with the intention of working as a domestic worker or caregiver, OR performed work with the same entity for the last 3 months minimum with the intention of the job being entrusted to them

The foreigner is undertaking employment within a domestic household.

Fees: Varies based on the Voivodship

Time:

If nobody can be recruited from the Polish unemployed and job seekers, within 14 days

If recruitment amongst those registered with the Labour Office is possibly, within 21 days

2. Employer begins application form for foreigner’s work permit

Employees may only receive work permits provided the following conditions are satisfied:

The conditions of employment are equally, or more, favourable under the provisions of the Labour Code and other employment regulations

Remuneration is not lower than the average monthly wage by more than 30% – this information is provided by the Voivodship Office

Documentation proving the above are provided

The employer must submit a completed application form along with the following documents:

Up-to-date records of economic activity and an extract from the National Court Register to confirm the employer’s legal status

A company deed or company establishment notarial deeds, if the employer is a limited liability company or joint stock company respectively

Proof that the applicant has health insurance

Copies of the passport pages containing travel data for the applicant

A copy of a statement of profit or loss incurred by the employer

A copy of a contract pursuant to which a service is provided in Poland

Proof of payment of application fees

The relevant forms can be found at the website of the Department of Civil Affairs and Foreigners of Malopolska Regional Office.

3. Other obligations of the employer

Aside from completing the application form for the foreigner, the employer must also:

Inform the foreign about the steps required to issue a work permit and any other events which may affect this procedure

Exercise due diligence in the procedure for issuing and extending the validity of the work permit

Implement the conditions of the contract with the foreigner which are set forth in the work permit application. This contract must be in writing and if necessary, translated into a language which the applicant can comprehend before being signing

Inform the Voivode about the foreigner failing to undertake work within 3 months of the work permit commencement, or completion of work more than 3 months before its expiry, or any changes in the foreigner’s job duties

If employers do not comply with these duties and are found to be in breach, they must immediately rectify their mistake, otherwise risk penalties of between PLN 3,000 and PLN 5,000.

Time: The entire process generally 3-4 weeks for approval, but may extend to up to 8 weeks.

Please contact us for a quote.

Once the work permit is issued, one copy is retained by the Voivodship Office, and two are transferred to the employer, who is required to issue one copy to the foreigner.

4. Work permit is issued

The employee may commence work if a work permit is successfully issued.

A work permit is a document that entitles a foreigner to work legally in Poland, provided that the foreigner has a basis of residence enabling them to perform work in accordance with the regulations.

Note! A foreigner may not perform work in Poland, even if they have a valid work permit, if they are staying on the territory of the Republic of Poland on the basis of:

- a visa issued for the purpose of tourism, arrival for humanitarian reasons, due to the interest of the state or international obligations;

- a temporary residence permit granted due to circumstances requiring a short-term stay of a foreigner on the territory of Poland (Article 181 (1) of the Act on foreigners).

The permit specifies the entity entrusting the performance of work to the foreigner and the position or type of work to be performed by the foreigner. Therefore, work is considered legal only if the foreigner performs the work indicated in the permit. 

This means that if a foreigner is to perform work under other conditions than those specified in the permit (including a different position), the employer must obtain a new permit.

The permit is valid for the period for which it was issued. The expiry date of the permit is stated on the document.

A work permit is required in the case of taking up employment on the basis of both employment contracts and civil law contracts.

The entity entrusting the work (the employer) applies for a work permit for a foreigner.

The permit is issued by the voivode competent for the seat / place of residence of the employer.

We can distinguish the following types of work permits:

TYPE A - obtained in the case of a foreigner who will perform work in Poland on the basis of an agreement with an entity whose seat or place of residence, or a branch, plant or other form of organized activity is located in Poland.

TYPE B - is obtained in the case of a foreigner who will perform work consisting in performing a function in the management board of a legal person entered in the register of entrepreneurs or being a capital company in organization, or in connection with running the affairs of a limited partnership or limited joint-stock partnership as a general partner, or in connection with granting them a procuration for a total period exceeding 6 months in consecutive 12 months.

TYPE C - obtained in the case of a foreigner who will perform work for a foreign employer and will be posted to the territory of Poland for a period of more than 30 days in a calendar year to a branch or plant of a foreign entity or a related entity.

TYPE D - obtained in the case of a foreigner who will perform work for a foreign employer without a branch, establishment, or other form of organized activity on the territory of Poland and will be posted to the territory of Poland in order to provide a temporary and occasional service (export service).

TYPE E - obtained for a foreigner who will perform work for a foreign employer and is posted to the territory of Poland for a period of more than 30 days within consecutive 6 months for a purpose other than for the type B, C, D permits.

TYPE S - obtained for a foreigner who will perform work in the scope of activities specified in the Regulation of the Minister of Family, Labour and Social Policy of December 8, 2017. (i.e.  activities causally related to agriculture, forestry, hunting and fishing, or catering and accommodation).

An employer who employs a foreigner is obliged to:

- check, before the foreigner starts work, whether they have a valid residence permit,

- make a copy of the residence permit and keep this copy for the entire period of work by the foreigner,

- conclude a written contract with a foreigner under the terms of the work permit,

- present a translation into a language that the foreigner understands before signing the contract,

- provide the foreigner with one copy of the work permit in writing,

- inform the foreigner about activities undertaken in connection with the procedure for granting or extending a work permit and decisions on issuing, refusing to issue, or revoking a permit,

- if the foreigner does not start work within 3 months from the initial validity date of the work permit, stops to work for a period exceeding 3 months, ends work earlier than 3 months before the expiry of the work permit, the employer must inform the voivode within 7 days.

Note! An employer who employs a foreigner on the basis of a work permit has the same obligations towards them as towards a Polish citizen.

- reporting within 7 days from the date of commencement of work to social and health insurance and monthly and timely payment of contributions of an appropriate amount to the Social Insurance Institution (if required by the type of contract - primarily an employment contract and a mandate contract, it does not apply, for example, to a specific task contract),

- calculating, collecting, and paying advances for income tax (the method of tax settlement depends on the tax residence of the employed foreigner),

- compliance with the provisions of the Labour Code.

DECLARATION OF ENTRUSTING THE PERFORMANCE OF WORK TO A FOREIGNER

The declaration on entrusting the performance of work is entered into the register of declarations by the poviat labour office competent for the seat or place of permanent residence of the employer, if:

- the foreigner is a citizen of the country specified in the Regulation of the Minister of Labour and Social Policy on the countries to whose citizens certain provisions on the seasonal work permit and provisions on the declaration on entrusting work to a foreigner apply;

- the work of the foreigner is not related to the activity of the entity specified in the regulation of the Minister of Family, Labour and Social Policy of December 8, 2017 / provisions on seasonal work;

- the period of work specified in the submitted declaration on entrusting work to a foreigner and the periods of work performed on the basis of the declarations entered in the declaration register amount to a total of no longer than 6 months within the next 12 months, regardless of the number of entities entrusting the foreigner with work;

In matters that do not require explanatory proceedings, the poviat labour office enters the declaration on entrusting the performance of work to a foreigner in the declaration register or the starost refuses to enter the declaration in the declaration register no later than within 7 working days from the date of receipt of the declaration, and in cases requiring explanatory proceedings - no later than within 30 days from the date of receipt of the declaration.

Note! If the foreigner has been employed for a period of not less than 3 months on the basis of a declaration and the employer has submitted an application for a work permit for this foreigner at the same position under an employment contract before the end of the work date indicated in the declaration, and the application does not contain formal deficiencies or formal deficiencies have been corrected on time, the work of a foreigner on conditions not worse than those specified in the declaration entered in the declaration register is considered legal from the date of expiry of the declaration to the date of issuing a work permit or delivery of a negative decision in this matter.

The above also applies to a foreigner for a temporary residence permit (referred to in art. 114 par. 1 of the Act of 12 December 2013 on foreigners) in order to continue employment with a given employer. 

SEASONAL WORK PERMIT

The permit is obtained by an employer who intends to employ a foreigner for activities specified in the Regulation of the Minister of Family, Labour and Social Policy of December 8, 2017.A seasonal work permit is issued for a specified period, it may not exceed 9 months in a calendar year.

In the case of a foreigner who entered the territory of the Republic of Poland on the basis of a visa issued for the purpose of performing seasonal work or under the visa-free regime in connection with an application for a seasonal work permit entered in the register of applications, this period is counted from the date of the foreigner's first entry into the territory of the Schengen area countries in a given calendar year.

If the application for a seasonal work permit concerns a foreigner who stays on the territory of the Republic of Poland on a different basis which may be related to the right to work, the permit may be issued for the period of legal stay, but not longer than for a period of 9 months within a calendar year, calculated together with the periods specified in the previously issued seasonal work permits for the foreigner. 

A seasonal work permit is issued by the staroste competent for the seat or place of residence of the entity entrusting the performance of work to a foreigner.

The procedure for obtaining a work permit differs depending on whether the foreigner is in Poland or abroad.

If the foreigner is in Poland on a basis that can be related to the right to work, the employer submits an application for a seasonal work permit to the staroste competent for the seat or place of residence of the entity entrusting the work to the foreigner, and the staroste issues a decision within 7 days or up to 30 days if a clarification proceedings are required. 

If the foreigner is abroad and will apply for a visa issued for the purpose of performing seasonal work, or intends to enter the territory of the Republic of Poland under the visa-free regime, the employer shall submit an application to the staroste competent for the seat or place of residence of the entity entrusting the performance work for a foreigner, and the staroste enters the application in the register of applications for seasonal work and issues a certificate of entry of the application within 7 to 30 days. Then the employer submits the certificate to the foreigner, and the foreigner obtains a visa issued for the purpose of performing seasonal work or enters the territory of Poland under the visa-free regime in connection with the application for a seasonal work permit entered in the register of applications. A foreigner may start work on the day on which the employer presents to the competent staroste:

1) a copy of a valid document entitling the foreigner to stay on the territory of the Republic of Poland;

2) information about the foreigner's accommodation address during the stay on the territory of the Republic of Poland.

Extension of the permit

If a foreigner entered the territory of the Republic of Poland on the basis of a visa issued for the purpose of performing seasonal work or under the visa-free regime in connection with the application for a seasonal work permit entered in the register of seasonal work applications, the staroste may issue an extension of the seasonal work permit in order to continuation of seasonal work by a foreigner for the same entity entrusting work to a foreigner or for the purpose of performing seasonal work for another entity entrusting work to the foreigner.

If the foreigner stays on the territory of the Republic of Poland on the basis of a document other than a visa issued for the purpose of performing seasonal work or under the visa-free regime, without connection to the application entered in the register of applications for seasonal work, the staroste refuses to initiate proceedings to extend the seasonal work permit.

The extension of a seasonal work permit is issued for a period which, together with the period of stay of the foreigner for the purpose of performing seasonal work, counted from the date of the first entry into the territory of the Schengen area countries in a given calendar year, is not longer than 9 months in a calendar year.

A seasonal work permit is issued if:

1) the amount of remuneration that will be specified in the contract with the foreigner, shall not be lower than the remuneration of employees performing comparable work in the same amount of time or at a comparable position;

2) the entity entrusting the performance of work to the foreigner attached the information from the staroste about the inability to meet the employer's staffing needs based on the registers of the unemployed and job seekers or about a negative result of recruitment organized for the employer to the application for a seasonal work permit.

Information from the staroste is not required if:

  • During the 3 years preceding the submission of the application for a work permit, the foreigner graduated from a university based in Poland or another EEA country or the Swiss Confederation, or is a participant in doctoral studies conducted in Poland;
  • The foreigner has been legally residing on the territory of the Republic of Poland for 3 years preceding the submission of the application for a work permit and the stay has been uninterrupted;
  • The foreigner is a citizen of one of the following countries: Armenia, Belarus, Georgia, Moldova, Russia or Ukraine.

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