On October 19, 2021, Poland submitted a bill that should be a breakthrough for foreigners working in Poland. The residence card will not be “tied” to a specific employer. It will be much easier to change jobs and there will be no need to apply for a new card, as is the case now.

New changes. Residence permit will be unrelated to the employer for everyone

First, everyone should wait for the law to be adopted. Once adopted, it will be published in the Journal of Laws. It will come into force 14 days after publication.

What does this mean for the employee?

Once you have received a temporary residence permit, it will be valid for the issued period. When changing jobs, there will be no need to notify the Labour Office of the change of employer and request to cancel the card (as is currently required), no need to submit a new set of documents to the Labour Office, spend money on it and wait a long period of time to receive a new card.

Will the terms of TRC issuance change?

This is currently unknown. Most likely yes, but not immediately. Theoretically, the contributions themselves should decrease over time, because everyone who changes jobs (and there are many such people) will not submit new contributions.

Instead, it is expected that all those who work illegally will start “legalizing” themselves by applying for a TR card, and this could significantly increase the number of contributions and the waiting time for a TR card.

Also, as now, a lot will likely depend on the voivodeship in which the application for a temporary residence permit will be submitted.

The reason for the changes

Poland needs workers, but statistics show that foreigners are no longer in a hurry to come to work in Poland. The number of people willing to work in Poland has significantly decreased, and workers are choosing other EU countries. They go where they are paid more, in particular, to the Czech Republic, Germany, the Netherlands, etc.

What are the TRCs without reference to the employer now?

Most people are interested in a temporary residence card without reference to work and whether such a card is available. Yes, but the conditions for obtaining it are quite specific. In the first case, such a card is issued to persons who are the spouse or partner of a Polish citizen.

Residence card based on marriage to a Polish citizen

In this case, for the first two years, for example, a foreigner who married a Polish woman (man) is granted a temporary residence permit. Only after two years can the foreigner apply for permanent residence on the basis of marriage. This is done to prevent fraudulent marriages. Such a temporary residence card gives the right to work without additional permits, consecrations, and everything else.

Temporary residence card on the basis of family reunification

If a foreigner has a Karta Polaka and obtained a permanent residence card on its basis, or if a foreigner obtained permanent residence on other conditions, he/she is entitled to apply for family reunification and then the spouse will receive a temporary residence card on the basis of family reunification.

Such a card gives full access to the labor market and the ability to work without additional permits. That is, in fact, it is not much different from a permanent residence card, the only thing is that it is issued for a shorter period (2-3 years) and does not give the right to apply for citizenship in a shorter time frame, as, for example, a permanent residence card (we do not take into account the application to the President of the Republic of Poland for citizenship).

Residence card after graduation from a Polish university

If you have graduated from a Polish university, you have full access to the labor market by law without any additional permits. To get the first card, you still need to find a job and get a residence card based on work. Then this card, together with your diploma from a Polish university, will give you full access to the labor market.

Permanent residence card

This may be a bit of trolling, but if we take into account only the phrase “Residense card without reference to an employer,” then formally, such a residence card is a permanent residence card. Also, an EU resident card formally fits this option.

I know that you came here hoping to get a “Yes” answer to the question whether you can freely change employers with a temporary residence card. And soon it will be possible. We are waiting for the adoption and publication of the relevant law.

I invite you to watch the video summary of everything you have read below, VIDEO IS IN UKRAINIAN.