Magdalena Piszczek
Expert in Legalization of Stay and Employment for Foreigners in Poland
How to Extend the Legal Stay of an Employee in Poland
Sometimes an employer may overlook the expiration date of a foreign employee’s visa or biometric passport. In such cases, a key employee may need to leave Poland to obtain a new visa. During this period, to avoid terminating the employment contract, the employee should be on unpaid leave, or, in the case of a mandate contract (umowa zlecenie), refrain from performing work.
Step-by-Step Guide to Extending a Foreigner’s Stay
The simplest way to extend a foreign employee’s legal stay in Poland is to submit an application for a temporary residence and work permit at the competent Voivodeship Office, based on the employee’s place of residence, no later than the last day of their legal stay.
If the employee works under a Type A work permit or a Declaration of Intent to Assign Work to a Foreigner, they may continue employment as long as the documents proving the legality of their work remain valid.
Moreover, if the foreigner has worked at least 90 days under an employment contract at the same position and under conditions no worse than those indicated in the previous permit and contract, they may continue working even after the documents proving the legality of employment expire, while awaiting the decision on the temporary residence and work permit.
Legal Stay After Submitting the Application
Once the application for a temporary residence and work permit is submitted (or sent by mail), the foreigner legally remains in Poland until a positive or negative decision is issued. The office then schedules an appointment for fingerprinting and submission of any remaining required documents.
It is crucial that, on the day of fingerprinting, the foreigner receives a stamp in their passport from the Voivode, confirming the legality of stay in Poland until the case is resolved.
Extending the Stay of Ukrainian Employees
For foreigners holding a biometric passport (allowing 90-day stays in Poland—applicable to Ukrainians and Georgians) who also had a visa that has expired, but have not exceeded the total days allowed under visa-free travel, the foreigner may remain in Poland without leaving the country to “restart” visa-free travel.
Examples
- Continuing Work Without Leaving the Country
A foreigner holds a biometric passport with a D05 visa (issued based on a Type A permit). The visa expires on 22 March 2019. The foreigner does not need to leave the country to restart visa-free travel and may continue working under the registered Declaration of Intent to Assign Work. They may remain employed for an additional three months. - Visa-Free Travel—Extending Legal Stay
A foreigner arrived in Poland on 21 March 2019 under visa-free travel. Their legal stay ends on 19 June 2019. The employer registered a Declaration of Intent to Assign Work from 1 April 2019 to 18 June 2019 (88 days). To extend legal stay with the right to work, the foreigner must submit an application for a temporary residence and work permit by 19 June 2019. The employer can request an additional declaration from the Labor Office for a maximum of 92 days, specifying in the application that it is “for a foreigner applying for a temporary residence permit”.
Delays in Decision-Making and Loss of Work Rights
Due to the waiting period for a decision on a temporary residence and work permit, a foreigner may lose the right to work. To prevent this, the employer should apply for a work permit. A foreigner holding a passport stamp does not need to leave Poland to obtain a new visa in this case.
Client Case Example
A foreign employee received their first Type A work permit in early 2018, along with an employment contract from 2 January 2018 to 1 January 2019. The next permit was issued from 2 January 2019 to 1 January 2020, and the employee traveled abroad to obtain a visa
Question:
Should the next employment contract be extended based on the new permit immediately, or only after obtaining the visa?
Solution:
If the foreigner continues working under the same permit, for the same employer, and under the same conditions, there is no need to terminate the contract—employment may continue. During the employee’s travel to obtain the new visa, they may be placed on unpaid or vacation leave. If the employer prefers to avoid this, a new employment contract can be signed after the employee returns with the new visa.
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Legal Basis
- Arts. 59(1–3), 64, 82(1), 85(1), 105(1), 114(1), 120(1), Act of 12 December 2013 on Foreigners (Journal of Laws 2013, item 1650, as amended)
- §4(1), Regulation of the Minister of Family, Labor, and Social Policy on the issuance of work permits and registration of declarations (Journal of Laws 2017, item 2345)
- European Parliament and Council Regulation (EU) 2017/850 amending Regulation (EC) No 539/2001 listing third countries requiring visas for entry, and those exempt (Ukraine)