Sample of the declaration concerning entrusting work to a foreigner – applications initiated before 01.01.2021

On 29 January 2022, the Act of 17 December 2021 on amending the Act on foreigners and certain other acts (Journal of Laws of 2022, item 91) entered into force. On 27 January 2022, the first act on implementation was published, which governs the sample of the declaration concerning entrusting work to a foreigner.

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Who must make a statement?

The Regulations of the Minister of Internal Affairs and Administration of 25 January 2022 on the sample of the declaration concerning entrustment of work to a foreigner concerns temporary residence and work permits. In this case one should not refer to the name of the act. The ordinance specifies the sample of the declaration to be submitted in case of obtaining a permit under the so-called “special procedure”. It refers to applications initiated before 1 January 2021 that have not been completed by the time the amended regulations come into force, i.e. by 29 January 2022.

In the above situation, the Voivod issues a decision for the period of 2 years without indicating the employer and employment conditions. After receiving the permit, the foreigner is obliged to submit a statement with information concerning:

• foreigner’s data,
• the decision obtained and the issuing authority,
• the entity commissioning work to a foreigner,
• employer of the user (if applicable),
• the work going to be entrusted to a foreigner.

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When should the statement be filed?

The declaration must be submitted within 60 days counting from the date the decision was delivered. It applies only to decisions issued after January 29, 2022. If a permit was obtained earlier – the described statement shall not be submitted.

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Consequences of failure to submit the statement

If the statement is not submitted in time, the temporary residence permit expires by virtue of law.

In the situation where the filed statement contains data which indicate the nonfulfillment of the terms and conditions of the issuance of the permit related to:

• the salary of the Foreigner (minimum salary irrespective of the working time and legal relationship) and,
• a conclusion of an employment contract or a contract of mandate

– the Voivod issues a decision determining the expiry of the temporary residence and work permit.

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Useful information

The declaration is signed by the entity commissioning the work (authorized persons empowered as entered into the National Court Register). However, the document is delivered to the Voivodship Office by the foreigner.

According to the regulations, a foreigner obtains the first Residence Card after submitting the above mentioned declaration to the Office.

Moreover, the Voivod will be able to carry out an inspection to check whether the foreigner performs work in accordance with the submitted declaration. This may involve summoning the foreigner to the Office and scrutiny of his documents.

Link to the regulation containing the sample of the declaration here [PL].

Source: The article was created in collaboration with our cooperation partner – sdzlegal Schindhelm Law Office

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