When intending to legally hire a foreign national, employers typically need to conduct the so-called labor market test, which involves proving the unavailability of local workers to meet staffing needs. Formally, this procedure is carried out by obtaining Information from the County Authorities (so called “Informacja Starosty”) based on specific regulations.
The requirement to present Information from the County Authorities (Informacja Starosty) applies to both a Work Permit and a Temporary Residence and Work Permit (both Unified and Blue Card). Individuals applying for a Declaration on Entrusting Work to a Foreigner, however, are not required to include this information.
Therefore, if you are submitting an application (for yourself as an employee or for your employee as an employer) for a Work Permit or a Temporary Residence and Work Permit (Unified or Blue Card), you generally must attach Information from the County Authorities (Informacja Starosty) confirming the unavailability of hiring a Polish citizen for the given position. It is crucial to obtain the Information from the County Authorities (Informacja Starosty) before submitting the application for a Work Permit or Temporary Residence and Work Permit.
However, exceptions exist to the above rule. A foreign national (or employer) may be exempt from the obligation to present Information from the County Authorities (Informacja Starosty) if they meet one of the below criteria. The list is not exhaustive but illustrates the most commonly encountered situations in practice.
This includes professions related to IT and programming (computer system analysts, development specialists in information systems, designers of network and multimedia applications, application programmers, database designers and administrators, computer system administrators, specialists in computer networks, etc.)
In the case of applying for a Temporary Residence and Work Permit (both Unified and Blue Card), this applies to a foreign national who held or holds a Work Permit or a Temporary Residence and Work Permit with the same employer in the same position before submitting the application.
In the case of applying for a Work Permit, this applies to a foreign national who was employed for a period of not less than 3 months with the same employer and in the same position based on a Statement on Entrusting Work to a Foreigner, immediately preceding the application.
In the case of applying for a Temporary Residence and Work Permit in a Profession Requiring High Qualifications (so only Blue Card), this applies to a foreign national who has already been legally employed on the territory of the Republic of Poland for a period of 2 years based on the Blue Card.
Applicable only to situations when applying for a Temporary Residence and Work Permit (only Unified) and covers a foreign national who has legally and continuously resided on the territory of the Republic of Poland for a period of 3 years before submitting the application.
Applicable only when applying for a Temporary Residence and Work Permit (only Unified) and covers a foreign national who has completed a university degree within the last 3 years in Poland, another country in the European Economic Area, the Swiss Confederation, or is a doctoral student in Poland.
In case of doubts regarding meeting the criteria for exemption from the obligation to present Information from the County Authorities (Informacja Starosty), we recommend consulting with the Comigrate team in advance.
