Is it possible to change employer with a temporary residence card

Many people are interested in the question whether a foreigner can change employers if he/she has a temporary residence card (karta pobytu czasowego)? First of all, a temporary residence card entitles you to work only for the employer for whom you were issued it, and when you change jobs and even the rate of payment, you need to change the card.

Is it possible to change employers while holding a temporary residence card so as not to leave Poland? This may disappoint you, but it is better to know the truth – in fact, no, it is not, in theory, yes, it is. I will now explain from my own experience, because I collected this information in Poland bit by bit, because I myself found myself in this situation.

I went to the Masovian Foreigner Office with the question of whether I could change my employer with a temporary residence card, but they did not give me an answer, because all answers are either by e-mail or by phone.

I started calling, and I want to assure you that it is very difficult to get through, so be patient, and most importantly, connect unlimited calls to all numbers from the operator so that you do not wait 40 minutes on the line and then be cut off. Also, be prepared with time, preferably calling the FO on a weekend that falls on a weekday. In my case, less than 2 hours later, the phone was picked up by a lady who was not very willing to talk and gave only standard answers. Not calming down, I started calling the migrant.info portal, where I asked the same questions to different operators (it was easier to get through there and I dialed several times). So, the truth is close.

If you have worked for one Polish employer on the basis of a temporary residence card and quit your job, you have to find another job within a month of your dismissal, otherwise you have to leave the country. A month is not enough time, because even if you find a job and are accepted, you will need to submit a package of documents for a new card in the voivodeship where you will work.

Among all the papers, there is one called the starosta’s opinion. It confirms that there is no Polish person willing to work for the job you are applying for on the local labor market. This document takes three weeks to make. So, if you do everything quickly, you may fit in that month to apply for the card, BUT! After applying for a new temporary residence card, you have the right to stay in Poland, but not to work. Therefore, you will again have to wait for a decisional letter (decyzja) – a decision that you are allowed to work for a given employer and you will be issued a card. And this decision can take six months, 8-9 months, three months – it depends on who you are, especially long waits in Warsaw – the queues are the longest and sometimes you have to wait even a year or more. Another option, after applying for a card and obtaining a residence permit, is to ask your employer to issue a work permit for you.

In fact, it costs the employer only PLN 100, but there is a problem here – you also have to wait at least three months for it, but it gives you the right to work, though only with one employer, like the card. So, having a stamp in your passport that you have applied for a card and a work permit, you can legally start working. However, given the timeframe for obtaining both the card and the work permit, it is unlikely that an employer will agree to prepare all the papers for you to apply for the card, then apply for the work permit, and wait for you for so long… It is easier for a Polish employer to find a person with a visa already in place, unless you are a very valuable qualified employee.

Therefore, if you have a temporary residence card and plan to change employers, plan everything in detail. Wait until you no longer have a corridor and can apply for a visa, and then apply for a visa. This is the easiest and fastest option, and you will also have some rest and stay at home with your family. A visa for changing employers has another advantage – if you don’t like your new job, you can simply change it, but it is unlikely that you will be able to stay attached to the card, and when applying for a new temporary residence card, you will again have to pay contributions to the Republic of Poland, which will be within PLN 500.

Supplement 2019

Applying for a temporary residence card allows you to officially stay in Poland. And a work permit allows you to work officially. That is, having a stamp in your passport stating that you are waiting for a card and a work permit, you can officially work. What else can you do? Given that a work permit is now issued mainly within 3 months, it is better to apply for it. Because a temporary residence card is usually issued for longer than three months and therefore you can either work as described earlier – with a work permit and a stamp, or go to another country where there is a Polish consulate and apply for a work visa.

How to cancel a temporary residence card?

Send a letter to the Foreigner Office. The letter must be PRIORYTET POLECONY, i.e. with acknowledgment of receipt and in an expedited manner. Due to frequent requests in the comments, I am providing below a sample letter written in a free form, where you change the name, surname, and other data required on the sample for your purposes, print, look for the address and department of the required office, go to the post office, take an envelope and send it as a priority to the Polish authorities. Is it possible to send by e-mail? I think so, but I did it by traditional mail, believing that it is more reliable, so I advise you to do the same.

A SAMPLE LETTER TO THE FOREIGNER OFFICE ABOUT CARD CANCELLATION

Dzień dobry,
uprzejmie informuję iż ze względu na to że już nie pracuję u pracodawcy Imię Nazwisko, proszę o cofnięciu karty pobytu czasowego ZR4000752 wydanej przez Wojewodę Wielkopolskiego dla mnie Natalia Nazwisko, od 2017-04-25 ważnej do 2018-06-25. Proszę o najszybszym możliwym cofnięciu. Uprzejmie dziękuję za porozumienie.

Z poważaniem,
Natalia Nazwisko

Why can there be problems if you do not cancel your temporary residence card?

Because when you want to work on a visa and apply for it at the consulate, you will be denied.