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For foreignersLabour law

How to apply for a type E work permit correctly and efficiently?

Author Maria Czechowska

It is important to distinguish between a residence permit and a work permit. A residence permit is a foreigner’s right to reside legally on Polish territory, and the question of obtaining such a permit remains with the foreigner. A work permit, on the other hand, is a right to carry out legal work in a situation where the foreigner has already obtained legal residence on the territory of Poland. It should be noted that the application for a work permit is submitted by the foreign national’s employer, and that the permit is strictly linked to a specific place of work.

 

This article aims to present the practical aspects of applying for a type E work permit via the praca.gov.pl platform.

 

A type E work permit allows a foreigner to be seconded by an employer who does not have his or her registered office (or place of residence, branch or factory) on Polish territory. The period of secondment must exceed 30 days over the next 6 months. The employer is therefore the entity with which the foreign national performs work outside the territory of the Republic of Poland. A type E work permit concerns a foreigner who, at the time of application, is resident in his or her country of origin (or in another country where he or she is legally resident), and obtaining a type E work permit is the first step on the road to legal entry into the territory of Poland. It is on the basis of the type E work permit issued to him that he can apply for a visa (called a work visa) in his country of origin. On the basis of the visa obtained, he can then legally enter Poland and provide work on the basis of a type E work permit. It is not possible to obtain a work visa before obtaining a type E work permit.

 

A type E work permit is therefore completely different from a type A work permit (which you can consult here: Type A work permit) or a type C work permit (which you can consult here: Type C work permit).

 

The application for a type E work permit is submitted by the foreign employer (i.e. the employer seconding the employee to work in the Republic). It is not possible for this application to be submitted by any other entity, but the employer may of course be represented by a lawyer. As work permit application forms are only available in Polish, the practice of being represented by a lawyer is quite common and practical.

Daria Milewska

Attorney

Do you have any questions related to this topic?


     

    We recommend that you pay particular attention to the following points when applying for a type E work permit:

     

    1. An application for a type E work permit is an application filed by a foreign employer who wishes to delegate a specific foreign national to work on the territory of the Republic of Poland. The application can be submitted either in person to the voivodeship office of the foreigners’ department (the competent office is that of the place where the foreigner will provide the work), or via the praca.gov.pl system (completing the application electronically does not preclude the possibility of sending some of the documents in paper form);
    2. If the application is submitted by a professional representative, remember to change the context each time (term found on the praca.gov.pl platform) so that the application is completed in the name of the actual employer.
    3. The physical (paper) “type E work permit” document shows the employer’s telephone number and e-mail address – so be sure to include these in the permit application. In practice, this point is often overlooked, mainly because the e-mail address is not listed as a necessary part of the application (no “asterisk”). However, if the employer’s e-mail address is not indicated (in point 1.3 of the application), the authority asks for the application to be completed, which prolongs the procedure.
    4. When applying for a type E work permit, section 1.7 of the application must be left blank. This is counter-intuitive, especially as, when you fill in the electronic form, sections 1.7 are highlighted as requiring completion. However, you shouldn’t do this. In the application, you do not indicate the entity to which the foreign national is assigned, but only the address and city (which determine the addressee of the application, i.e. the competent authority). Otherwise, the authority will require a full explanation and suggest that the foreign entity has a branch to which it delegates employees (which is a prerequisite for being able to apply for a type C work permit).
    5. Particular attention should be paid to the appendices.

     

    The complete list of documents required, however, can be found on the pages of the provincial offices:

     

    1) A declaration of no criminal record must be completed by the employer (it is not possible for a lawyer to complete this declaration). In the case of electronic applications, it is safest to send this declaration by mail (original or certified copy) – this declaration must strictly identify the employer and must not have been signed more than 6 months prior to the application.

    2) Be sure to include a power of attorney (as an “other” document – we also recommend sending it by regular mail).

    3) The application must be accompanied by an extract from the company register held by the competent authorities for the foreign employer. Third countries often do not have an open register similar to the Polish KRS or CEIDG (e.g. India), which prevents the Polish office from effectively verifying the accuracy of the contents. In this case, don’t forget to enclose a statement (preferably a sworn translation) explaining and indicating that the register is available at a specific website address, but that it is not open to the public. A copy of the register may not be taken more than 6 months before the application.

    4) The application must be accompanied by a declaration from the foreign employer stating that the foreigner is employed by him and will be delegated to work on Polish territory on the basis of what is known as a secondment agreement. It is absolutely necessary to remember not to indicate in the content of the agreement the name of the entity to which the employee is delegated (this is related to point 1.7 of the above-mentioned application), but only the address and locality. In addition, the secondment agreement must contain the amount of remuneration, the function and the period for which the employee is seconded.

     

     

    When completing the application electronically, we recommend that you download the attachments first, as downloading them often freezes the system and considerably increases the time needed to submit the application.

     

    1. Documents are received via the praca.gov.pl platform with a qualified or trusted signature. It is not possible to submit an application without one of these signatures. As a general rule, information on letters received should appear in the mailbox (provided when creating an account on the praca.gov.pl platform), but we recommend independent verification in the system, as notifications often end up in spam or are not sent at all. It is important to note that a letter is considered delivered 14 days after receipt in the inbox (on the praca.gov.pl platform). In the case of formal irregularities, the Office generally sets a deadline of 14 or 21 days for correction.
    2. It should be borne in mind that a type E work permit is linked to a specific employer and is issued for a specific period, specified in the secondment agreement (which is an essential annex to the application).

     

    The procedure for obtaining a type E work permit currently takes up to several months.

     

    These are just some of the questions to which particular attention should be paid when applying for a type E work permit. If you have any doubts about this type of permit, please do not hesitate to contact us.

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