Administrative Procedure for Granting Work Permits for Foreigners in Poland

Abstract

The article examines the application of the administrative procedure for granting work permits for foreigners in Poland. It is emphasized that a work permit is a document, which entitles a foreigner to legal employment in another country if he /she has a reason for stay, which allows him/her to perform work in accordance with the legislation of that country. In Ukraine, a work permit for a foreigner is issued by an administrative body of the state as a result of consideration of a foreigner’s application for such a permit, which is the exercise of the right to ensure the right of a foreigner to work, which corresponds to the formal features of the administrative procedure defined in the Law of Ukraine No. 2073-IX «On Administrative Procedure» dated 17.02.2022.
It is stated that the requirements for issuing work permits to foreign citizens are fixed: the Law of Poland of December 12, 2013 «On Foreigners» (as amended), which regulates the procedure for entry, transit, stay and departure of foreigners from the territory of Poland, as well as the consequences of illegal stay in Poland the Act of 14 July 2006 on the Entry into, Stay in and Exit from the Territory of Poland of Citizens of the Member States of the European Union and Members of Their Families, the provisions of which regulate the special status of citizens of the European Union and the European Free Trade Association (EFTA) – parties to the Agreement on the European Economic Area and the Swiss Confederation, who enjoy the right of free movement; the Law of Poland of 13 June 2003 «On Granting Protection to Foreigners in the Territory of Poland», the provisions of which regulate the granting of international protection in the form of refugee status or subsidiary protection; the Resolution of the Minister of Family, Labor and Social Policy of 18 July 2022 «On work permits and applications for entrusting work to a foreigner». Based on the analysis of these documents, it is summarized that in Poland: the legal regulation of relations in the field of employment of foreigners is regulated by the law, which establishes the legal status of foreigners, as well as a number of other laws, the norms of which in one way or another affect the regulation of this status, and bylaws developed by the relevant ministries and departments entrusted with the functions of directly granting residence and work permits to foreign citizens; a work permit can be issued only under the condition of legal stay of a foreigner in the country; the procedure for granting a work permit.