Foreigners

Residence card versus work permit

07/03/2024

Are you an employer planning to hire a Ukrainian national who holds a valid residence card? Or perhaps you are a foreign national who holds a residence card in Poland and are wondering whether you can take up employment on the basis of this card? In this article, we answer the question: ‘Does a residence card entitle you to work?’ and explain the most important issues related to this. We invite you to read the article entitled: ‘Residence card versus work permit’.

Residence cards and work – when is it possible to employ a Ukrainian national with a residence card?

To answer the question: “Does a residence card entitle the holder to work?”, you must first find out on what grounds the residence card was issued. This is because it is precisely this that determines whether it is possible to legally employ a foreign national with a residence card.

Information regarding the basis on which the residence card was issued should be specified in the decision granting the residence card. To dispel any doubts, one need only consult this document.

But what do the individual provisions mean? In other words, on what grounds does a residence card allow a foreign national to be employed without any additional work permits?

  • A temporary residence permit for the purpose of pursuing higher education,
  • Temporary residence permit for the purpose of conducting scientific research,
  • Temporary residence permit for a family member of a citizen of the Republic of Poland and a family member of a foreign national,
  • Temporary residence permit for the purpose of family reunification,
  • A permanent residence permit,
  • EU long-term resident’s residence permit,
  • Permission to stay in Poland on humanitarian grounds,
  • Refugee status,
  • Subsidiary protection.

A residence card issued on a different basis will, as a rule, require a separate work permit.

Depending on the specific case, the employer may also submit, amongst other things:

  • A declaration regarding the employment of a foreign national,
  • A notification of entrusting work to a Ukrainian national.

Work – a residence card with a special endorsement

Another way to find out whether a residence card entitles the holder to work is to check whether it bears a special annotation on the card itself. The annotation ‘access to the labour market’ means that the foreign national has the right to work in Poland without the need for a separate work permit. This is because they already have this right ‘included’ by virtue of holding:

  • Temporary residence permit,
  • a permanent residence permit,
  • EU long-term resident’s residence permit.

Do you want to be able to work legally in Poland? Residence card and work permit – help!

Are you Ukrainian or a foreign national from another country and want to work legally in Poland? Do you have a residence card, but aren’t sure if that’s enough? Or perhaps you’re just starting to apply for a temporary or permanent residence permit in Poland, as well as for a residence card?

The services offered by the ‘Firma Dla Każdego’ Foundation can help you with these and many other issues relating to the legalisation of foreigners’ residence in Poland.

The Foundation assists foreign nationals from various countries with administrative procedures, particularly those relating to residence permits in Poland and the issuance of residence cards. The Foundation will also help you with legal matters, insurance and many other issues.

You can find more information about the support offered by the ‘Firma Dla Każdego’ Foundation to Ukrainians (as well as other foreign nationals) on the website: https://firmadlakazdego.pl/cudzoziemcy/.

Grzegorz Stępień
Author
Grzegorz Stępień

Przedsiębiorca od prawie 20 lat. Związany m.in. z branżą inkubatorów przedsiębiorczości. Od ponad ośmiu zarządza Fundacją Firma Dla Każdego, która prowadzi jeden z największych inkubatorów w Polsce. Specjalizuje się w zagadnieniach prowadzenia i rozwoju biznesu, legalizacji pobytu i pracy, a także aspektami podatkowymi prowadzenia firmy.

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