Work permit type A for a foreigner

Yes, but a temporary residence and work permit decision issued with a different employer named in it does not automatically entitle the foreigner to work for your company.

If the foreigner holds a valid temporary residence and work permit, the new employer can obtain a separate work permit for them. The foreigner may also apply to change their existing residence decision.

Before employment begins, you should check whether the foreigner has an independent right to work without a permit and whether their stay remains legal.

The waiting time depends on the competent voivodeship office, the completeness of the documentation and the individual circumstances of the case.

Under the general rules of administrative procedure, cases requiring investigation should, as a rule, be dealt with within one month, and particularly complex ones within two months. Specific regulations may provide for different time limits.

In practice, the proceedings may take longer, especially when the office requires additional documents or carries out investigative steps.

Submitting the application does not automatically mean that the foreigner may start work.

Yes. The employer is obliged to give the foreigner the decision on the issue, amendment or revocation of the work permit, and also to inform them of any refusal.

In addition, the employer should keep the employee informed of the steps taken during the proceedings.

Bear in mind that a work permit does not replace an employment contract or a civil-law contract. The employment conditions must comply with the decision, subject to the exceptions provided for in the regulations.

Legal basis: Article 17(1)(6)–(7) of the Act of 20 March 2025.

First of all, check whether the difference concerns the type of contract or only the period for which it is concluded.

Not every discrepancy means illegal employment.

For example, replacing a civil-law contract with an employment contract is one of the cases in which the regulations do not require a new work permit.

The situation must be assessed differently when the permit states an employment contract but a contract of mandate (umowa zlecenia) was actually concluded, or when other essential employment conditions have changed.

If the difference concerns a fixed-term versus a permanent employment contract, the content of the decision and the actual employment conditions need to be analysed. A difference in the duration of the contract alone does not automatically make the work illegal.

It depends on the nature of the change.

If only the job title changes but the employee's duties remain the same, a new permit is, as a rule, not required.

However, if the foreigner is to do different work or the scope of their duties changes significantly, a new permit is usually required.

The regulations also allow other work to be entrusted temporarily, for periods not exceeding a total of 30 days in a calendar year, provided certain conditions are met.

In some situations, the employer is also obliged to notify the competent voivode.

Before changing the position, it is worth checking whether a notification is enough or whether a new permit will be required.

The employer's most important obligations include:

• Verifying the legality of stay — checking whether the foreigner has a document or another basis of stay that allows them to work in Poland.
• Concluding the appropriate contract — the employment conditions should correspond to those set out in the permit, subject to the statutory exceptions.
• Sending a copy of the contract to the office — in line with the rules and time limits laid down in the regulations.
• Giving the decision to the employee — the foreigner should receive the decision on the work permit.
• Complying with the employment conditions — in particular those concerning the position, pay, working hours and type of contract.
• Informing the competent authority of certain changes — for example if the foreigner does not start work, takes a long break or the employment ends early.
• Keeping the required documentation — for any inspection of the legality of employment.

If the voivode has refused to issue a work permit for a foreigner for a Polish employer, analyse the reasoning of the decision and establish the reason for the refusal.

The most common possible reasons for refusal include:

• The employer's arrears with ZUS or the tax office, subject to the statutory exceptions.
• Lack of financial resources or sources of income that would allow the foreigner to be employed.
• Not conducting genuine business activity that would justify employing a worker.
• Providing false information in the application.
• Certain breaches of employment regulations.
• The foreigner not meeting the requirements for practising a regulated profession.

What can the employer do?

If the permit is refused, an appeal can be lodged with the minister responsible for labour through the voivode who issued the decision, as a rule within 14 days of its delivery.

If the reasons for the refusal have been removed, you may also consider submitting a new application.

Important: lodging an appeal does not in itself entitle the foreigner to start work if they have no other basis for working legally.