Change of temporary residence and work permit

The last year has brought number of changes in the Law regarding Foreigners. One of the novelties is the possibility of changing the temporary residence and work permit. Changing the conditions of employment indicated in the temporary residence and work permit was possible even before the amendment of the Law on Foreigners, but to a limited extent – in the event of a change of employer, the granted temporary residence permit could not be changed, and the foreigner was obliged to apply for a new temporary residence and work permit, which involved starting the procedure for legalizing the stay from scratch.

New change, that was implemented on 29th of January 2022, allows to change the conditions of temporary residence and work permit if the foreigner plans to work:

1. 1) with another entity assigning work or under conditions of exemption from the work permit requirement, or
2. 2) with other kind of employer (for example employment agency), or
3. 3) under conditions other than those specified in Article 118 sec. (1)item(2)-(5), i.e., if there is a change in the position at which the foreigner is to perform work; the lowest salary that the foreigner may receive for the position; the length of working time; the type of contract under which the foreigner is to perform work.

What is important, a temporary residence and work permit can be amended at any time at the foreigner’s request, provided that the permit is still valid. The amendment of the permit does not include a change in the period of validity of the granted temporary residence and work permit, but only the conditions of employment indicated in the permit or the conditions for exemption from the work permit (e.g. in the case of completion of full-time studies in Poland).

However, a number of conditions must be met in order to change the temporary residence and work permit. The provincial voivode responsible for the area of residence, may refuse to change the temporary residence and work permit if:

1. 1) the governor has not been notified of the loss/termination of work within 15 working days,
2. 2) the period of work with the new employer is shorter than the validity period of the modified temporary residence and work permit,
3. 3) the amount of monthly salary is lower than the amount of the minimum wage, regardless of the working time/number of working hours and the type of legal relationship forming the basis for the performance of work (from January 1, 2023, the minimum wage is PLN 3490 gross/month),
4. 4) the employer has the ability to attract employees in the local labor market, as demonstrated by the information of the starost attached to the application,
5. 5) the salary indicated in Appendix No. 1 attached to the application for a change of permit, is lower than the salary of employees performing the same type of work of comparable type, or in a comparable position.

With reference to point 1) the provincial governor was not notified […], it should be emphasized that the foreigner is obliged to inform the provincial governor of the loss of work/termination of work within 15 days of its termination. If this obligation is not fulfilled, it is not possible to use the procedure for amending the temporary residence and work permit. Importantly, this obligation will also be fulfilled if the application for a change of the temporary residence and work permit is submitted within the deadline indicated above.

The procedure for amending a temporary residence and work permit, at least in theory, should be a much shorter solution than the lengthy process of issuing a new temporary residence and work permit. In the case of a permit amendment, it is not necessary to visit the office again to show a passport or submit fingerprints, and the fee for a permit amendment is PLN 220 (which is half as much as the amount for issuing a new residence permit). When applying for a permit amendment, however, it is worth considering whether this path will be the right one for the foreigner – given that the period for which the permit was granted cannot be changed, it may be much more beneficial to submit a new application for temporary residence and work, which can be granted for a maximum period of 3 years counting from the date the permit was issued.

Author: Artur Weremko