A foreigner receives a better job offer but holds a residence card issued “for” their current employer. Can they simply hand in their notice and move to the new company? We hear this question at our law firm very often, both from foreigners themselves and from employers who want to hire them. The answer depends on the basis on which the residence card was issued. A change of employer may require no formalities at all, it may require an amendment to the permit, or it may require obtaining a new one. We explain how to tell which applies and which deadlines must not be missed.
Can a foreigner with a residence card change jobs?
Yes, but not always immediately.
The residence card itself is only a document. Whether its holder can freely change employers is determined by the permit on the basis of which it was issued. And Polish law provides for more than a dozen types of permits.
Most questions concern the temporary residence and work permit, i.e. the so-called single permit. It is this permit that combines the right of residence with work for a specific employer and on specific terms.
How can you check whether a residence card is “tied” to a specific employer?
The simplest way is to look at the voivode’s decision (granting residence and work), not just the card itself.
The decision granting a temporary residence and work permit specifies, among other things:
- the entity entrusting the work,
- the position,
- the minimum remuneration,
- the working time,
- the type of contract.
If the decision states the name of the company, a change of employer will require action at the voivodeship office.
The situation is different for foreigners who have free access to the labour market in Poland. This applies primarily to persons holding a permanent residence permit, an EU long-term resident permit, or a temporary residence permit based on marriage to a Polish citizen. They can change jobs in the same way as Poles, without notifying the voivode of anything.
Do a pay rise, a change of position or a takeover of the company require an amendment to the permit?
Not every change in employment means a new procedure. The Act on Foreigners (Article 119) lists situations in which there is no need either to amend the permit or to apply for a new one. These are:
- a change of the employer’s registered office, name or legal form, e.g. the transformation of a general partnership into a limited liability company,
- the transfer of the workplace or part of it to another employer,
- an increase in working time with a proportional increase in remuneration,
- a change in the name of the position without a change in duties,
- the replacement of a civil-law contract with an employment contract.
In each of these situations, the company must notify the voivode in writing within 15 working days.
Beware of changes in the opposite direction. Reducing the salary or moving the employee to a different position without amending the permit constitutes grounds for its revocation (Article 122 of the Act). It is therefore worth comparing even a seemingly minor change in conditions with the content of the decision granting the residence and work permit first.
Amending the permit or obtaining a new permit – which is more worthwhile?
A foreigner who wants to move to a new employer has two options.
The first is an application to amend the temporary residence and work permit (Article 120 of the Act). The voivode then enters the new employer or the new working conditions into the decision. The stamp duty is half that for a new permit, and the residence card remains the same.
However, it should be noted that the amendment does not extend the validity of the permit. The decision will remain in force only until the original date.
The second option is an application for a new permit. It costs more and means a new card, but it offers the chance of a permit for up to 3 years.
When choosing, it is also necessary to bear in mind when the voivode will refuse the amendment. This will happen, among other things, when:
- the new employer offers too low a salary or does not meet other statutory conditions,
- the contract with the new employer is to last for a shorter period than the remaining validity of the permit,
- the foreigner did not report the loss of their previous job on time.
How much time does a foreigner have to report the loss of a job?
15 working days.
This is the deadline for notifying in writing the voivode who granted the permit (Article 121 of the Act on Foreigners). It does not matter who terminated the contract.
The obligation is also fulfilled if, within the same deadline, the foreigner submits an application to amend the permit. If the new employer is already known, this is the simplest solution.
The previous employer has a separate obligation. It also notifies the voivode of the foreigner’s loss of employment, within 15 days.
Why is this so important? If the foreigner misses the deadline, the route to amending the permit is closed. Furthermore, the loss of a job may mean that the purpose of stay has ceased to exist, in which case the voivode may revoke the permit. Passively waiting for a new offer can therefore be the costliest mistake.
Can a foreigner start work for a new employer before the voivode’s decision amending the permit?
As a rule, no.
The application to amend the permit does not in itself yet give the right to work at the new company.
The foreigner may legally stay in Poland on their existing card, but to work they need an amended permit or another legal basis, e.g. a work permit. Citizens of Armenia, Belarus, Moldova and Ukraine may, in certain situations, use a declaration on entrusting work.
Entrusting work without a proper legal basis constitutes illegal employment. The employer is liable for it, and since 2025 the penalties have been significantly higher than before.
What should an employer hiring a foreigner with a residence card check?
Before the company signs a contract, it is worth:
- asking the foreigner for the full residence decision, not just the residence card,
- establishing whether the foreigner has notified the voivode of the loss of their previous job,
- agreeing with the employee whether they are applying for an amendment to the permit or for a new permit,
- checking whether the proposed remuneration meets the statutory requirements,
- planning the start date of work, taking into account the waiting time for the decision.
