Information on the legal status of persons with subsidiary protection status and intending to work in the territory of the Republic of Poland
The general rules for employing non-EU foreigners assume that a foreigner must also have access to the labor market (in the form of a work permit) in order to work in the territory of the Republic of Poland. There are a number of exceptions to the general rule of having a work permit under the Employment Promotion and Labor Market Institutions Act (Journal of Laws 2004 No. 99, item 1001, as amended; hereinafter the Promotion Act) and the regulations issued under the authorizations contained in the Promotion Act. One of the exceptions to the general requirement for a work permit is if the foreigner has refugee status or a person with subsidiary protection. In accordance with Article 87, paragraph 1, items. 1 and 2 of the Promotion Act, a foreigner is entitled to work in the territory of the Republic of Poland (without a work permit) if they have been granted refugee status or subsidiary protection in the Republic of Poland. Such status is granted by a decision of the Head of the Office for Foreigners and is granted to the foreigner as soon as the decision on the foreigner's application for international protection becomes final. A person who has been granted the status of refugee or subsidiary protection shall hold a Residence Card (with a note on the status held) and a foreign passport or a Polish travel document for a foreigner (in the case of a refugee - additionally a Geneva travel document). The possible lack of possession of these documents or the expiration of their expiration date does not affect the loss of status of a refugee or a person with subsidiary protection, and the foreigner does not lose the right to work in the territory of the Republic of Poland without a work permit. This means that the mere possession of the status of a person who has been granted subsidiary protection or refugee status entitles a foreigner to provide work in the Republic of Poland without any additional requirements.
Author: Anna Matsiyeuskaya
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