NOTICE FROM THE DISTRICT ADMINISTRATOR REGARDING RESIDENCE CARDS

The district administrator’s statement for the residence card – what is it?

The district administrator’s statement for a residence permit, also known as the district administrator’s opinion on a residence permit, is a document issued by the district labour office with jurisdiction over the place where the work is carried out (and if such a location is difficult to determine – by the district labour office with jurisdiction over the employer’s registered office or place of residence).

In practice, however, the district administrator’s statement for a residence permit is obtained in order to verify whether, for a given post, instead of a foreign national, a person meeting specific requirements who is entered in the register of unemployed persons and jobseekers at the district labour office could be employed in the first instance. For the district administrator to issue an opinion, the employer must therefore demonstrate that they cannot meet their staffing needs by utilising this register.

How long is the district administrator’s opinion valid for the purpose of a residence card?

As a general rule, the district administrator’s opinion should be issued no earlier than 180 days before the relevant application for a permit is submitted.

Exemption from the obligation to attach the district administrator’s opinion

It should be noted that in some cases, obtaining the county administrator’s opinion may be unnecessary.

However, as each province has a different list – issued by the relevant provincial governor – of professions exempt from the requirement to obtain the county administrator’s opinion, it is not possible to provide an exhaustive list of such situations here.

In addition to the exemptions arising from the regulations of specific provincial governors, it is also worth noting the exemptions arising from:

1. Article 88c(8) of the Act of 20 April 2004 on the promotion of employment and labour market institutions, namely:
2. An exemption for foreign nationals who, within the three years preceding the submission of a valid application for a work permit, have completed in Poland (or in another country of the European Economic Area, or in Switzerland) a degree or are doctoral students at a doctoral school run by an entity with its registered office in Poland;
3. An exemption for foreign nationals who, during the three-year period preceding the submission of a valid application for a work permit, resided legally and continuously within the territory of Poland;
4. Regulation of the Minister of Labour and Social Policy of 29 January 2009 on the determination of cases in which a work permit for a foreign national is issued regardless of the specific conditions for issuing work permits to foreign nationals.

The second legal basis – namely the Regulation – lists the following as being exempt from the requirement to attach the district administrator’s opinion:

• Foreign nationals authorised to represent a foreign business in its Polish branch or representative office;
• Citizens of Armenia, Belarus, Georgia, Moldova, the Russian Federation and Ukraine who provide care or work as domestic helpers;
• Foreign nationals who, in the period immediately preceding the submission of the application, were employed for at least 3 months by the same employer and in the same position;
• Foreign nationals working in the following professions:
• sports coach or athlete;
• a doctor or dentist undergoing training or following a specialisation programme;
• Industrial and production engineer;
• Concrete technology engineer;
• glass technology engineer;
• Electrical engineer;
• A specialist doctor (with a second-level specialisation or the title of specialist);
• Nurses without a specialism or currently undergoing specialisation;
• Nurses with specialist status;
• Computer systems analyst;
• IT systems development specialist;
• Web and multimedia application designer;
• Application developer;
• Computer systems analyst and programmer not elsewhere classified;
• Database designer and administrator;
• Computer systems administrator;
• Computer network specialist;
• Database and computer network specialist not elsewhere classified;
• Construction technician;
• Electrical technician;
• Electronics technician (and related);
• Personal assistant to a person with a disability;
• Caregiver for the elderly;
• Care worker in a care home;
• Bricklayer (and related occupations);
• Concrete worker and concrete worker/reinforcement fitter (and related occupations);
• Carpenter and joiner;
• Road construction labourer;
• Roofers;
• Floor layer, parquet layer and tiler;
• Plasterers (and related occupations);
• Insulation fitters;
• Building painter (and related occupations);
• Welder (and related trades);
• Locksmith (and related occupations);
• Construction electrician (and related occupations);
• Bus driver;
• Lorry driver;
• Earth-moving machinery and related equipment operator;
• Locomotive driver and operator of lifting and transport machinery and equipment (and related occupations).

Do you need help obtaining a work permit, a temporary residence and work permit, or a temporary residence permit to work in a highly skilled profession?

Are you a foreign national applying in Poland for any of these permits and need help obtaining information from the district administrator? The ‘Firma Dla Każdego’ Foundation may be just what you’re looking for.

The Firma Dla Każdego Foundation helps foreign nationals who wish to live and work in Poland entirely legally by providing support with administrative procedures, liaising with state authorities, translating foreign documents, offering legal assistance, as well as offering health insurance and medical and sports care packages.

You can find more information about the support for foreign nationals offered by the ‘Firma Dla Każdego’ Foundation on the website: https://firmadlakazdego.pl/cudzoziemcy/.