Change of job and legalisation of residence - what do you need to know?

Change of job and legalisation of stay is a topic that raises many doubts among foreigners working in Poland. This is because it requires a thorough understanding of the regulations in order to avoid legal problems that may even result in the loss of the right of residence.

Change of work and legalisation of stay - different types of permits

A change of job has different consequences depending on the type of permit held. In the case of temporary residence permits for the purpose of work, such a document is closely linked to a specific employer, position and often the place of work.

Holders of a residence and work permit (so-called type A) must submit a new application when changing employers. This requires a full procedure, including obtaining an opinion from the starost on the possibility of entrusting work to a foreigner.

Change of employer and residence in Poland - procedure

When changing employers, the foreigner must submit a new application for a residence and work permit before working for the new employer. The new employer must pass a labour market test, unless the position is exempt from this. The test consists of checking the availability of Polish or EU candidates on the local labour market.

Permission to work for a new employer - requirements

The new employer applies to the district labour office for an opinion allowing the foreigner to be employed. Only after receiving a positive opinion can the foreigner apply for a new residence and work permit.

Important dates:

• Notification of a change of employer must be prior to starting work for the new employer.
• An application for a new permit must be submitted no later than 45 days before the expiry of the current permit.
• The processing takes up to three months.

While waiting for the decision, the foreigner may continue to work for the existing employer if his/her permit is still in force. However, he or she may not start working for a new employer without the relevant permit.

Who is free to change employers?

Privileged categories of foreigners who can change employers without additional formalities are holders:

• permanent residence permit,
• EU long-term resident status,
• Pole Cards,
• EU/EEA citizens and their family members.

How do you plan a job change?

When planning a job change, it is worthwhile:

• Act well in advance,
• maintain legal employment throughout the procedure,
• collect all required documents before submitting an application,
• check that no additional qualifications or entitlements are required for the new position.

This will ensure that the change of job goes more smoothly and without the risk of breaching legalisation rules.