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Change of employer after obtaining a residence and work permit

 One of the documents that allow foreigners from the third countries (not EU countries) to stay legally in Poland is a temporary residence permit. The basis for issuing a residence permit in Poland can be the work permit, i.e. employment by a Polish employer. However, what should be done if a foreigner loses his job after obtaining a residence permit? The decision to grant a residence and work permit is issued to work for a specific employer, and therefore any change of employer requires the reapplication for a new permit.

 A foreigner may lose his job for various reasons: due to termination of the contract by the employer, termination of the contract by the employee or termination of the contract by mutual consent. In each of these cases, the foreigner is obliged to notify the Voivode in writing form within 15 working days of losing the job. In order to have proof that this notification has been submitted to the competent authority, it is advisable to keep the dispatch confirmation from the post office or to obtain a confirmation of the submission of the application at the appropriate office responsible for the legalization of foreigners' stay.

 Compliance with this obligation and notifying the Voivode of the termination of the work give the opportunity to keep the previously issued residence and work permit, as otherwise the issued residence and work permit will be revoked within 30 days from the date of loss of employment. Within 30 days, the foreigner must find a new employer and submit a new application for a residence and work permit at the new workplace.

 If the foreigner does not notify the Voivode in writing of the end of employment or does not submit a new application for a residence and work permit within 30 days after the loss of employment, the previous permit is revoked, as the reason for obtaining the permit was the performance of a specific job by a certain employer for a specific employer.  According to Polish law, a temporary residence permit is revoked when the purpose of issuing a temporary residence permit has ended or does not meet the requirements for granting a permit and is not relevant. Stay on a previously issued permit will become illegal, which may result with a fine, deportation and a ban on entry into Poland for several years.

  If you have any questions about legalization of your stay in Poland, employer changes, long-term (Voivodeship) and short-term work permits, please contact us via the contact form or just call us. Our office is located in the center of Warsaw and we are ready to meet you by prior appointment.