A temporary residence permit for the purpose of performing work in a profession requiring high qualifications in Poland offers specialized expertise a pathway to legally reside and work in the country. This permit, commonly known as the Blue Card, stands as a unique blend of a residence permit (allowing you to stay in Poland) and a work permit (permitting work in accordance with specified conditions). Although it's often associated with IT professionals, it isn't confined to a specific industry.
This type of residence permit is highly attractive to the employees as Blue Card holders are entitled to certain privileges, including in the area of intra-EU mobility, facilities in obtaining a dependant permits for family members or the rules for acquiring long-term EU resident status, which distinguishes this permit m.in from a uniform temporary residence and work permit.
Blue Card is granted, when the foreigner's purpose of stay is performance of work in a profession requiring high qualifications. Among basic requirements for obtaining a Blue Card we distinguish:
A foreigner must have entered into an employment contract, a contract for occasional work, or a civil-law contract, for a period of at least 1 year, under which he performs work.
A foreigner must hold higher professional qualifications (that is, qualifications obtained through completing higher education studies or a minimum of 5 years of professional experience at a level comparable to the qualifications acquired through completing higher education studies that are necessary for performing the given job).
Foreigners must have health insurance in Poland, which can be either publicly funded through the National Health Fund or privately funded through an insurance policy. This insurance should cover the costs of medical treatment in Poland. Since employment serves as a valid basis for public insurance coverage in Poland, this requirement is automatically fulfilled at the start of employment.
The foreigner’s remuneration must not be lower than that of employees performing similar work or holding equivalent positions, with the same working hours.
The foreigner’s monthly remuneration must meet or exceed the minimum wage for the specific type of work, regardless of working hours or the nature of the employment relationship. Even if employing a foreigner part-time, their remuneration cannot fall below the minimum wage.
Employers must demonstrate that they cannot meet their staffing needs from the local labor market, by conducting a “labor market test.” However, certain professions with high demand, such as those in the IT sector, are exempt from this requirement.
Among others the following have been excluded from the possibility of obtaining this permit.
Foreigners already holding a temporary residence permit: for the purpose of conducting scientific research or for the purpose of long-term mobility of a researcher and those who apply for one of these permits;
Employees posted by a foreign employer with its registered office outside Poland’s territory
Foreigners engaged in business activities within Poland's territory.
Foreigners staying in Poland due to international agreements related to trade or investment facilitation.
Foreigners in Poland on tourist visas (domestic or Schengen) or for visiting family and friends.
For assistance with obtaining a blue card for your employee or for yourself, reach out to 'Comigrate' to streamline the entire process.
Temporary protections versus residency permit – what should I choose?
Upon filing an application for a Temporary Residence and Work Permit or a Temporary Residence and Work Permit in a High-Qualification Profession (Blue Card), a special "Stamp in Passport" is issued if the application is submitted promptly and without formal deficiencies.
Residence and work permits (both single and Blue Card) are issued to foreigners for the purpose of undertaking an employment in Poland. Therefore, when a foreigner loses their job for any reason, which was the basis for the issuance of the residence permit, they are obligated to inform the relevant Voivode (local authority that issues residence permits) within 15 business days.