Foreigners from non-European Union countries can obtain temporary residence permits if they have a valid reason to reside in Poland, such as employment. If, during the validity period of the work permit, the reason for which it was issued ceases to exist or loses its validity, the permit should be revoked by the Voivode. As a result, the Polish Act on Foreigners, in Article 113, imposes an obligation on a foreigner with a temporary residence permit to notify the Voivode of the cessation of the reason for the issuance of their temporary residence permit within 15 business days.
This notification obligation becomes more specific in the case of residence permits issued due to employment. In this case, as you might expect, the circumstance that the foreigner must notify the relevant Voivode about is the loss of employment (termination of an employment contract) with the current employer, which was the basis for granting the temporary residence permit.
Article 121 of the Act on Foreigners stipulates that a foreigner holding a temporary residence and work permit must notify the Voivode who issued this permit in writing, within 15 business days, of the loss of employment with any of the employers listed in the permit.
A parallel provision can be found in Article 134(1) of the Act on Foreigners, which states that a foreigner staying in the territory of the Republic of Poland on the basis of a permit for high-skilled work must notify the Voivode who issued the permit in writing within 15 business days of the loss of employment.
Why is it so crucial for a foreigner to fulfil the obligation of notifying the Voivode of job loss if their employment was the basis for their temporary residence permit? This is because failing to fulfil this obligation can result in a penalty for the foreigner, namely the absolute impossibility of changing the temporary residence and work permit, as well as potential difficulties in obtaining a new one.
Specifically, Article 135(4)(2) states that the Voivode may refuse to change the residence and work permit in a high-skilled occupation if the foreigner did not notify the Voivode of job loss within 15 business days.
Additionally, Article 100(2) of the Act on Foreigners stipulates that another temporary residence permit may be refused if the obligation mentioned in Article 113 is not fulfilled, and the foreigner applies for it within one year from the expiration of the previous permit or from the date when the decision to revoke the temporary residence permit became final.
In light of the above, it becomes clear that a foreigner should pay special attention to fulfilling the notification obligation to the relevant Voivode in the event of job loss.
The notification letter to the Voivode does not need to have any specific form. It should contain the foreigner's identification details (including the residence card number), be addressed and sent to the relevant Voivode - the one who issued the decision on granting the residence permit. It should also include the date on which the foreigner terminated their employment and specify the employer in question. The foreigner can use a free templatefor this purpose.
You can find a list of Voivode contact information here: https://www.gov.pl/web/mswia/urzedy-wojewodzkie
The letter must be sent by registered mail via Polish Post. To meet the deadline, the shipment should be sent from the post office no later than the last (15th) business day counting from the day of job loss. Both a copy of the sent confirmation and proof of sending the shipment should be kept for evidential purposes.
If the foreigner has an ePUAP (see what’s ePUAP here: https://www.gov.pl/web/gov/zalatwiaj-sprawy-urzedowe-przez-internet-na-epuap) account, they can also send the notification to the relevant Voivode through their ePUAP mailbox on the [https://www.gov.pl/]. After logging in, the foreigner should select the e-service "Send General Document/Wyślij Pismo Ogólne" and address it to the relevant Voivode.
In the case of a single permit for residence and work, this obligation can also be fulfilled by submitting an application to change the permit, if the application is submitted within 15 business days from the date of job loss. If the application is submitted within this period, the notification obligation is considered fulfilled. This allows for time savings and the fulfilment of two obligations by sending a single letter. It's important to know that after notifying the Voivode of job loss, the next obligation is to apply for a change in the decision granting the residence permit or apply for a new permit. Otherwise, the Voivode may revoke the temporary residence permit. You can read more about this [here].
For assistance with submitting a notification about termination of previous employment to Wojewoda, reach out to 'Comigrate' to streamline the entire process.
