Serwis informacyjno-usługowy dla przedsiębiorcy

Obtaining a visa by foreigners who wish to perform work on the basis of a written declaration of intention to entrust work to a foreigner made by a Polish employer or on a basis of a work permit

1. Citizens of countries which are not member States of the European Union, members of EFTA, or the Swiss Confederation, who intend to work in a period not exceeding six months over the next 12 months on the basis of a statement of intention to perform work, registered in the district labor office; or work on the basis of another document, should obtain a residence visa authorizing the execution of the work. A foreigner who is a citizen of Armenia, Belarus, Russia, Ukraine, Georgia and Moldova, after receiving a registered declaration of intention to employ a foreigner from a potential employer, should obtain a Polish visa or a Schengen visa. The visa is granted for the period of stay, which corresponds with the period indicated in the statement of intention to perform work (that is, the period of stay for which the visa is issued cannot be longer than 6 months during the period of 12 months from the date of first entry of the foreigner into the territory of the Republic of Poland). A foreigner applying for a visa permitting work activity on the basis of a document other than the above-mentioned statement should attach a work permit. A visa is issued by the consul relevant to the country of residence of the foreigner. A foreigner residing legally in a Member State of the European Union, the Member States of the European Free Trade Association (EFTA) - parties to the Agreement on the European Economic Area or the Swiss Confederation, can obtain a Polish visa for the purposes of work from a consul, whose headquarters is located in that country. 

2. A foreigner applying for a national visa personally submits:
1) A filled out application form, consisting of:
a) The data of the foreigner or information arising from Article 13 of the Act on Foreigners, that is the name, surname, family name, details of parents, date and place of birth, physical description, fingerprints, marital status, education, profession etc.    

b) Information on the foreigner's citizenship at birth

c) The following details concerning the travel document held by the foreigner:

  • type,
  • series and number,
  • date of issue and expiry,
  • name of the issuing authority,

d) E-mail address of the foreigner,

e) Surname, name address and citizenship of the person having parental authority over the foreigner or the legal guardian of the foreigner - in the case of minors,

f) Name and address of the school or higher education institution - in case of foreigners who are students,

g) Telephone number of the entity entrusting the performance of work,

h) The national identification number held by the foreigner,

i) Information on the granted Schengen or national visas to the foreigner during the last 5 years,

j) Indication and justification of the purpose of stay of the foreigner in the territory of the Republic of Poland (in this case, the performance of work),

k) Indication of the Member State of the European Union where the foreigner shall enter the European Union for the first time,

l) Information on the permanent residence of the foreigner in the territory of a country other than the country the foreigner is a citizen of, and on the document authorizing stay in that territory,

m) The number of entries of the foreigner into the territory of the Republic of Poland to which the national visa should entitle,

n) Indication of the planned duration of stay of the foreigner in the territory of the Republic of Poland,

o) Information about the collection of fingerprints of the foreigner during previous procedures to grant him a visa,

p) Contact details of the person inviting the foreigner or the temporary address of the foreigner in the territory of the Republic of Poland,

r) The planned date of entry into and exit out of the territory of the Republic of Poland by the foreigner,

s) Information on the coverage of travel and living costs of the foreigner,

t) The following details or information concerning the citizen of another Member State of the European Union, member State of the European Free Trade Association (EFTA)  - parties to the Agreement on the European Economic Area or the Swiss Confederation, being a family member of the foreigner:

  • name (names) and surname,
  • date of birth,
  • number of the travel document of personal ID,
  • information on the citizenship,
  • information about the relationship degree with the foreigner;

2) A current photograph; 

3) Documents confirming: 

  • the purpose and conditions of the planned stay (in this case a statement on the intention of employing the citizens of Armenia, Belarus, Russia, Ukraine, Georgia and Moldova or a work permit),
  • the possession of sufficient financial means to cover maintenance costs for the entire period of intended stay on the territory of the Republic of Poland and the return trip to the country of origin or residence or travel to a third country, which shall grant permission to enter, or on possibilities of acquisition of such means lawfully,
  • the held health insurance within the meaning of the Act of August 27, 2004 on Healthcare Services Financed From Public Funds or, if the foreigner applying for a visa allowing the performance of work does not have such insurance yet, he should submit a document confirming possession of travel medical insurance, which is referred to in Article 25 (2) of the Act on Foreigners,     
  • the credibility of the foreigner's declaration on the intention to leave the territory of the Republic of Poland before the expiry of the visa,
  •  other circumstances specified in the application. 

A foreigner applying for a national visa presents for inspection a travel document which jointly meets the following criteria:

  • its validity period expires no earlier than 3 months after the expiry of the validity of the visa applied for;
  • consists of at least two blank pages; 
  • has been issued during the past 10 years. 

This criterion may be omitted due to justified and legitimate interests of the foreigner. Adoption of the application for a national visa is recorded in the travel document of the foreigner.


3. A national visa for the purposes of work on the basis of a declaration of intention to employ a foreigner or a work permit, is granted or refused by the consul relevant to the country of residence of the foreigner. A foreigner residing legally in a Member State of the European Union, the Member States of the European Free Trade Association (EFTA) - parties to the Agreement on the European Economic Area or the Swiss Confederation, can obtain a national visa for the purposes of performing said work from the consul, whose headquarters is located in that country (if the foreigner justifies the submission of the application outside of the country of residence).  A national visa is entered into the travel document or the Polish identification document of the foreigner in a form of a visa sticker, and in particular cases of legitimate interests of the foreigner, on a separate visa sheet.  In case of working visas granted to citizens of Armenia, Belarus, Russia, Ukraine, Georgia and Moldova, who shall perform work on the basis of a declaration of intention to employ a foreigner submitted by a Polish employer, the duration of stay for which the visa is granted cannot exceed 6 months during the period of 12 months counting from the date of the first entry of the foreigner into the territory of the Republic of Poland. In contrast, a visa granted on the basis of a work permit should have an expiry date no later than the expiry date of the permit (it should be stressed that the validity period of the national visa starts no later than three months from the date of issue and shall not exceed 1 year). Thus, if a work permit is granted, for example for 2 years, it will be necessary to extend the visa.

4. The e-Konsulat internet platform is a tool, which is designed to streamline the work of Polish consulates. It can be used for arranging meetings on visa inquiries in the consulate. After landing on the platform, a foreigner wishing to apply for a Polish visa or a Schengen visa indicates in which consulate he will apply for the visa. Next, he points out which type of visa he wishes to apply for, and is redirected to a page where he can fill out the appropriate visa application. The completed application form should be printed. The website can also choose a convenient date and time for a meeting at the consulate in order to submit the required documents. The waiting time for a meeting with the consul in various countries is different. You can also cancel already arranged meetings using the platform. The printed application should be submitted along with other documents on the scheduled time and in the selected consular office.

 

Remember: At some consulates the registration of the visa application through the e-Konsulat platform is mandatory.

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