Seasonal worker in Poland

Conditions

Seasonal work is a work performed for no more than 9 months in a calendar year, in sectors such as agriculture, horticulture, tourism, within the activities considered seasonal and defined in the Annex to the Regulation of the Minister of Family, Labour and Social Policy of 8 December 2017 on sectors of activities according to the Polish Classification of Activities (PKD) in which permits for seasonal work are issued (Journal of Laws of 2019, item 1845). The basis for performing such work must be a contract with an entity whose registered office or place of residence or branch/other form of organised activity is located on the territory of Poland.

Employment as a seasonal worker for stays not exceeding 90 days may be carried out on the basis of a Schengen visa for the purpose of seasonal work (marked with a C symbol and annotation ‘05b’) or visa-free regime and a seasonal work permit (Type S).

Employment as a seasonal worker for stays exceeding 90 days may be carried out on the basis of a National (long-term) visa(marked with a D symbol and annotation ‘05b’) for the purpose of seasonal work and a seasonal work permit (Type S).

The seasonal work permit (Type S) may also be obtained for third-country nationals already staying in Poland on other basis of legal stay entitling to work.

Extension of stay for the purposes of seasonal work is possible on the basis of a temporary residence permit for the purpose of seasonal work. The residence permit is issued to third-country nationals who entered Poland on the basis of a visa issued for seasonal work or within the visa-free regime, in connection with an application for a seasonal work permit entered in the register of applications for seasonal work. The residence permit is granted if they intend to continue their stay in order to perform seasonal work (for the benefit of the entity hitherto employing them or for another entity employing them) for up to 9 months in total in a calendar year, and this circumstance justifies their prolonged stay in Poland.

The residence permit may also be granted if the seasonal work will be shorter than 3 months. It is necessary that the seasonal work permit or its extension held by the third-country national remains valid beyond the period of stay specified in the visa or the period of stay under the visa-free regime.

Procedures

Where and how to apply

Schengen or national visas

The visa application can be completed online and printed, however there is no possibility to apply for a visa online. The only electronically operated part of the visa application procedure is the reservation of the date and time of the meeting in the consulate and registration of the application via the e-Konsulat portal. Printed and signed applications should be submitted to the consular offices. In some locations (Belarus, China, India, Philippines Türkiye and Ukraine), applications can be submitted via the External Service Provider, where applicants may ask ESP staff to help them to fill in an application.

Applicants shall pay a visa fee of 80 euros.

Applications shall be decided on within 15 calendar days of the date of the lodging of an application, which is admissible. That period may be extended up to a maximum of 45 calendar days in individual cases, notably when further scrutiny of the application is needed.

Temporary residence permit for the purpose of seasonal work (extension of seasonal work)

The third-country national makes the application in person, no later than on the last day of the lawful residence on the territory of Poland to the governmental province authority (voivode) competent in respect of his/her place of residence. You should make an appointment early enough.

While submitting the application, the third-country national is under the obligation to give his/her fingerprints.

More information on how to apply for a temporary residence permit for the purpose of seasonal work may be found here.

Stamp duty PLN 170 (ap. 38 euros).

Fee for issuing a residence card PLN 100 (ap. 23 euros).

The procedure should end within 60 days from the day of making a complete application.

The third-country national who has obtained the temporary residence permit is issued with a residence card.

Documents required

Schengen or national visas

• completed visa application form;
• valid travel document satisfying specified criteria should be presented (its validity period shall expire no earlier than 3 months after the expiry of the visa you are applying for, it contains at least two blank pages and has been issued in the past 10 years);
• up-to-date biometric photograph;
• proof of payment of the visa fee;
• supporting documents confirming:
  • the purpose of the visit concerning seasonal work;
  • a certificate of entry of an application for a seasonal work permit to the register of applications for seasonal work;

Note: a certificate of entry of an application for a seasonal work permit to the register of applications for seasonal work is issued at the request of the employer by the poviat staroste (District Employment Office (powiatowy urząd pracy) competent for the registered office or place of residence of the employer.

More information on seasonal work permits may be found here.

• possession of sufficient financial resources to cover the costs of living during the planned stay and to cover the costs of return to the country of origin or residence, or to cover the costs of transit to a third country, which will certainly give permission for entry, or documents confirming that the applicant can legally obtain such funds;
• accommodation or sufficient means to cover the costs of accommodation;
• willingness to leave the Schengen territory or Poland before expiry of the visa;
• possession of adequate and valid travel medical insurance to cover any expenses which might arise in connection with repatriation for medical reasons, urgent medical attention and/or emergency hospital treatment or death, during their stay(s) on the territory of the Schengen States (of at least 30000 euros, valid in the entire Schengen territory) – in case of Schengen visa or
• possession of public health insurance in Poland or a travel medical insurance for a minimum sum insured of 30000 euros, valid for the period of the intended stay in the territory of the Republic of Poland, covering any expenses that may arise during your stay in this territory in connection with repatriation for medical reasons, urgent medical attention, emergency hospital treatment or death, in which the insurer undertakes to cover the costs of health services provided to the insured person directly to the entity providing such services based on the bill issued by that entity – in case of national visa (information on insurers and the insurance they offer meeting the statutory requirements can be found here).

Temporary residence permit for the purpose of seasonal work (extension of seasonal work)

1. completed form of the application for a temporary residence permit;
   1. 4 up-to-date photographs;
      1. photocopy of a valid travel document (original available for inspection). In particularly justified cases, if the third-country national does not have a valid travel document and it is not possible to obtain such a document, he/she may present another document which confirms his/her identity;
         1. proof of payment of stamp duty (170 PLN).

Note: failure to submit any of the above-mentioned documents will result in the applicant being requested to provide the missing documents within a deadline of not less than 7 days from the delivery of the request, otherwise the application will not be considered. In case of failure to pay a stamp duty within a deadline specified in the request the application will be returned.

Standard documents necessary for examination of the application

1. document confirming that the third-country national has entered the territory of Poland on the basis of a visa issued for the purpose of seasonal work or under visa-free regime, in relation with the application for granting a seasonal work permit entered into the application register for seasonal work;
2. seasonal work permit or extension of the seasonal work permit valid beyond the period of stay specified in the visa or the period of stay under the visa-free regime;
3. documents which confirm a stable and regular source of income which is adequate to cover the costs of subsistence, including those for dependent family members (for a person in a single household – at least net PLN 776 monthly; for a person in a family – at least net PLN 600 monthly), e.g. the annual PIT return concerning the amount of the third-country national’s income for the last tax year or an appropriate certificate from the Social Security Institution (ZUS);
4. documents confirming the third-country national is covered by public health insurance in Poland or the confirmation of the private insurer’s coverage of the medical treatment costs on the territory of Poland; (e.g. relevant ZUS statement, insurance policy);
5. document confirming a place of accommodation provided (e.g. confirmation of registration, apartment rent contract, other contract enabling possession of a dwelling, or statement of a person authorised for the possession of a dwelling on the provision of a place of residence to the third-country national).

Note: the seasonal work permit is issued by the poviat starost after the third-country national's arrival to Poland. The employer notifies the competent District Employment Office thereof, presenting a copy of the required pages from the third-country national's passport and provides the third-country national's address in Poland.

The seasonal work permit proceedings will be discontinued by operation of law, if the employer has not presented a copy of a valid document entitling the third-country national to stay on the territory of the Republic of Poland to the District Employment Office:

1. after 120 days from the date of commencement of work specified in the entry in the register of applications for a seasonal work permit, or
2. on the day of expiry of the work completion date specified in the entry in the register of applications for a seasonal work permit, or
3. on 31 December of the calendar year in which the third-country national was to perform work.

Duration of validity of permits

Visa free regime or Schengen visa – stays up to 90 days in any 180-day period within the whole Schengen area.

A visa for the purpose of seasonal work is issued for the period of stay, which corresponds to the period indicated in the certificate of entry of an application for a seasonal work permit to the register of applications for seasonal work, not longer than 9 months in a calendar year and not longer than provided for a given type of visa (Schengen visa – stays up to 90 days in any 180-day period).

The temporary residence permit for the purpose of seasonal work is granted for the period of validity of the seasonal work permit held by the third-country national or the extension of the seasonal work permit, not longer than 9 months from the date of the first entry of the third-country national on the basis of a visa issued for the purpose of seasonal work or under visa-free regime, in relation with the application for granting a seasonal work permit entered into the register, in a given calendar year.

Conditions for renewal

The same as above.

Appeals

A third-country national who received a negative decision on issuing a visa may submit in person within 14 days a request to a consul for re-examination of the application. A further appeal can be brought before the administrative court in case of refusal of a Schengen visa.

A third-country national not satisfied with a decision concerning granting the residence permit may appeal before the Head of the Office for Foreigners within 14 days. Moreover, it is possible to bring a further appeal before the administrative courts. The decision includes detailed information on the right to appeal.

Rights

Access to employment

After the employer has notified the District Employment of the third-country national's arrival, the third-country national can start working while waiting for the seasonal work permit. The work must be carried out on the terms and conditions stipulated in the certificate of entry of an application for a seasonal work permit to the register, issued by the office before.

During the period of validity of the seasonal work permit, it is possible to perform any seasonal work for a given employer, not only the one indicated in the permit.

Change of employment

Possible on the basis of extension of the seasonal work permit or a new seasonal work permit

Change of status

Possible if conditions for other status are met.

Family members

Family members may accompany on general rules in a framework of a visa-free regime, visa or temporary residence permit issued on discretionary basis.

Long-term residence

Polish law makes a distinction between a permanent residence permit and the EU long-term residence permit.

Permanent residence permit

A permanent residence permit is issued to specified categories of third-country nationals i.a. to children of Polish citizens or of permanent residents in Poland, spouses of Polish nationals and persons of Polish origin. A decision on granting a permanent residence permit is issued for an indefinite period. A residence card remains valid for 10 years, which means that it should be replaced every 10 years.

A permanent residence permit issued in Poland does not entitle the third-country national to obtain a residence permit in another EU country as is provided for holders of EU long-term residence permit.

A permanent residence permit entitles the third-country national to travel to another country in the Schengen Area for up to 90 days in a 180-day period mainly for tourism purposes like temporary residence permits.

More on permanent residence permit.

EU long-term residence permit

The EU long-term residence permit is issued to a third-country national who has been staying legally and continuously on the territory of Poland for at least 5 years directly prior to the submission of the application for granting this permit and meets the following conditions:

• has a source of stable and regular income adequate to cover the means of subsistence for himself/herself and his/her dependent family members;
• has a health insurance as defined by the Act of 27 August 2004 on health care services financed from the public funds or a certificate confirming that the costs of medical treatment on the territory of Poland shall be covered by an insurer;
• has confirmed command of Polish.

The permit is granted for indefinite time. A residence card remains valid for 5 years, which means that it should be replaced every 5 years.

More on EU long-term residence permit.