Thanks to many years of experience in legal service for enterprises and knowledge about immigration law we managed to achieve very high standard of legal services directed to foreign entrepreneurs and entrepreneurs who hire foreigners in Poland.
We realize how important is trust and certainty that your case is going in the right direction. We strongly believe that providing comprehensive legal services in matters of both commercial and immigration law, we are able to meet expectations of the most demanding clients.
Conducting business activity in Poland
Foreigners who are not from EU/EFTA countries may conduct business activity only in certain forms, such as: Limited Liability Company, Public Liability Company, Limited Partnership, Partnership limited by shares. If the conducted business activity fulfills the requirements from the bill, foreigner can apply on this basis for Temporary Residence Permit.
Foreigners who are not from EU/EFTA countries can choose freely any legal form for their business activity in Poland only if they obtain:
- The Pole's Card;
- Residence Permit on Humanitarian Grounds or Tolerated Residence Permit
- Temporary Residence Permit Connected with Beginning of Your Studies
- Temporary Residence Permit on the Grounds of Marriage with a Citizen of Poland
- Permanent Residence Permit
- European Union Long-Term Residence Permit
- Refugee Status or Subsidiary Protection
A work permit is the basis document entitling foreigners to perform work in Poland. The application for work permit should be submitted to the Provincial Office by the employer. The employer is obliged to obtain an information from the local district agency which states that it is impossible to employ any other unemployed or job-seeking person or about negative outcome of recruitment held by the agency (job market test). This information should be attached to the application for work permit. Only in exceptional situations it is not necessary to take the job market test to get the work permit. The work permit allows to perform work only for the employer which is indicated in the permission.
For a legal employment the foreigner, except from the work permit, needs to hold a valid residence title, such as work visa, residence card or a stamp in the passport. Before the foreigner start to perform work, employer is obliged to verify the documents that entitles foreigner to stay in Poland legally and keep its copy during the whole period of employment. It is important to bear in mind, that employers hiring foreigners have additional obligations resulting from the applicable provisions of law. Any violation of this obligations may lead to impose administrative sanctions, such as fine or refusal in future proceedings for work permit.
Employment of foreigners
Nowadays hiring foreigners is very popular and increasingly used institution of the labor market. We help employers to understand regulations of Polish immigration law and impose legal solutions that applies to their business. We realize that only appropriate and carefully performed procedure will allow employers to avoid negative consequences.
Seasonal work permit
The seasonal work permit is a relatively new type of permission. It was created by the last amendment to the Act on employment promotion and labor market institutions. Since the 1 January 2018 it is possible to entrust performing work for to the foreigner form outside the EU and EEA. This type of work permit might be issued for the entrepreneurs employing the staff in agriculture, forestry and fisheries or accommodation and food services activities. Basing on this permit foreigners are allowed to perform seasonal work for 9 months during the calendar year.
Statement on the intention of entrusting work to a foreigner - the simplified procedure
In some particular cases, it is possible to entrust performing work to a foreigner without the work permit. The simplified procedure is intended for citizens of Armenia, Belarus, Georgia, the Republic of Moldova, the Russian Federation and Ukraine. It allows to employ foreigner from one of these countries on the basis of registered statement of the employer on the intention of entrusting work to a foreigner and entering into a contract with foreigner in writing.
The foreigner may work on this ground during the term of 6 months in the following 12 months.
Since 1 January 2018 the request to register the employer’s statement is subject to the payment of the fee of PLN 30.
WHAT WE OFFER
comprehensive legal assistance for entrepreneurs hiring foreigners
legal assistance during the procedure for setting up a company and its registration
assessment on legal situation and matching appropriate solution
representation in the proceedings before the administration authorities
representation before courts and public administration bodies