In accordance with the Polish Act on Foreigners, upon filing an application for a Temporary Residence and Work Permit (Unified 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. This stamp designates the foreigner's stay in Poland as legal until a decision on the permit is finalized. While the stamp allows legal residence, it's essential to note that it doesn't grant border-crossing privileges or travel within the Schengen Zone.
The question arises:
Does this Stamp in Passport also permit the foreigner to work during the wait for the Temporary Residence Permit?
The short answer is generally no. However, here are a few scenarios where a foreigner can work based on the Stamp in Passport while anticipating the permit:
The foreigner can work if they possess the Stamp in Passport and, additionally, hold a Work Permit or Declaration of Entrusting Work. These documents must align with the same employer, position, salary, and working hours as the Temporary Residence and Work Permit covered by the Stamp in Passport.
If the foreigner applies for a new Temporary Residence and Work Permit with the same employer and position before as the previously held permit, they can work based on the Stamp in Passport.
Certain cases, such as full-time students at Polish higher education institutions, may allow employment based solely on the Stamp in Passport without an additional Work Permit.
For those eager to kickstart work without waiting for the permit decision, reaching out to the Comigrate team is a smart move. We specialize in navigating these intricacies and can assist in making the process smoother.