WELCOME TO POLAND info package for foreigners living in Krakow. Legal Aid Centre. The Halina Niec

Transcription

1 WELCOME TO POLAND info package for foreigners living in Krakow The Halina Niec Legal Aid Centre 1

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3 WELCOME TO POLAND info package for foreigners living in Krakow 3

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5 Content 1 Work The rules of foreigners employment The rules for establishing business activity The threat of human trafficking The problem of forced labour Accommodation: Rental of premises included in housing stock of Municipality Rental of flats Driving licence: Validity of foreign driving licences in Poland Rules for obtaining a driving licence Car registration Social security and social assistance Persons entitled to social assistance Foreign nationals applying for refugee status on territory of Poland 31 Integration assistance for foreigners who were granted refugee status or subsidiary protection on territory of Poland Forms of social assistance: Procedure for granting social assistance Pension scheme Healthcare 40 5

6 6. Education Nursery and pre-school (zerówka) Primary school, junior high school and upper secondary school Higher education Victims of crime Obtaining compensation in case of motor insurance claims 44 Obtaining compensation in event of damages related to working environment Useful addresses: Local authorities and institutions Organisations Public GPs and health centres Police Stations at Centre of Krakow 49 6

7 INTRODUCTION Welcome to Poland info package for foreigners living in Krakow Krakow is capital city of Lesser Poland Voivodeship, historical capital city of Poland, a cultural, academic and scientific centre which has been attracting masses of students, tourists and entrepreneurs for many years including Poles and foreigners. There is a considerable number of EU and third country citizens living in Krakow, some of m residing here only temporarily, ors deciding to settle due to various reasons personal, educational or economical. This brochure includes most important information, which a foreigner staying in territory of Poland should be familiar with, including most important aspects of social insurance, access to education and health care, work performance and renting an accommodation. All of information included is practically-oriented and authors of project did ir best to present complex administrative procedures in an accessible and comprehensible manner. 7

8 1. Work Welcome to Poland info package for foreigners living in Krakow 1.1. The rules of foreigners employment Krakow 1. Work is a significant business centre with favourable conditions for establishing new enterprises, and hence finding employment. Due to 1.1. The rules of foreigners employment dynamic development of economic zones around Krakow and locating numerous Krakow international is a significant business corporations centre with favourable in conditions city, many for establishing foreigners new enterprises, decide to and hence finding employment. Due to dynamic development of economic zones around Krakow stay here and seek employment or arrive to Krakow specifically to find an and locating numerous international corporations in city, many foreigners decide to stay here employment. However, it should not be forgotten that possibility of taking up be forgotten and performing that possibility work of taking in Poland up performing by foreigners work in Poland is strictly by foreigners regulated is strictly by and seek employment or arrive to Krakow specifically to find an employment. However, it should not law regulated and by law applicable and applicable principles need to to be complied be complied with both by with employer both by and employer employee. and employee. The analysis of applicable of applicable regulations concerning regulations employment concerning of foreigners in employment Poland leads to of conclusion that re are two set of rules binding two different groups, determined by ir foreigners in Poland leads to conclusion that re are two set of rules citizenship: EU citizens and non-eu citizens ( so called third country nationals ). Anor binding two different groups, determined by ir citizenship: EU citizens important factor differentiating legal situation of foreigners in area of employment is and type non-eu of residence citizens permit ( so called third country nationals ). Anor important in order factor work differentiating in Poland.) The type of residence legal permit situation determines of wher foreigners foreigner in needs area 1 held (It is implied that foreigner needs to have a valid residence permit of employment also a separate work is permit type 2 in order of to residence take up work. permit 1 held (It is implied that foreigner needs to have a valid residence permit in order to work in Poland.) The type of residence permit determines wher foreigner needs also CITIZENS OF EU, EEA AND SWITZERLAND a separate work permit 2 in order to take up work. EU citizens are entitled to migrate and stay in territories of or EU member states freely. Free movement of workers CITIZENS is one of OF most EU, fundamental EEA AND guarantees SWITZERLAND of EU, which allows EU citizens for employment in any EU country on basis of equal treatment of all EU citizens in terms of work EU citizens are entitled to migrate and stay in territories of or EU and employment conditions, including remuneration. All se guarantees also concern member states freely. Free movement of workers is one of most funda- members of families of migrant workers who are EU citizens. Foreigners who hold EU Member State, European Economic Area or Swiss citizenship, are allowed to work in Poland without obtaining a work permit. Additionally, y may: settle in Poland due to ir employment; stay in Poland even after ir contract terminated if applicable conditions defined by EU law are met. They have right to be treated equally to Polish citizens in scope of access to employment, work conditions and social and tax privileges. The members of ir families have similar rights. 1 Residence permit entitlement to stay in certain territory. In Poland, residence permits are 1 Residence permit entitlement to stay in certain territory. In Poland, residence permits are distinguished as follows: distinguished as follows: refugee status; -> subsidiary protection -> residence permit due humanitarian refugee status; -> subsidiary protection -> residence permit due to humanitarian reasons -> consent for tolerated stay -> permanent reasons -> consent for tolerated stay -> permanent residence permit -> long-term EU-resident permit -> residence permit -> long-term EU-resident permit -> temporary residence permit -> visa temporary residence permit -> visa 2 Work permit document issued by provincial governor (competent to employer s residence) at request of entity (employer), 2 Work who permit entrust foreigner document with issued work performance, by provincial entitling governor foreigner (competent to take up legal to work employer s in Poland on residence) account of at request of entity (employer), who entrust foreigner with work performance, entitling foreigner to possession of visa or temporary residence permit allowing to work in Poland take up legal work in Poland on account of possession of visa or temporary residence permit allowing to work in Poland 8 4

9 mental guarantees of EU, which allows EU citizens for employment in any EU country on basis of equal treatment of all EU citizens in terms of work and employment conditions, including remuneration. All se guarantees also concern members of families of migrant workers who are EU citizens. Family member is understood as a person in marital union with foreigner (marriage must be recognized under Polish law) or his/her descendants Family member i.e. child, is understood adopted as a person child in or marital grandchild. union with Furrmore, foreigner (marriage must right be to employment recognized under is granted Polish law) to or his/her foreigner s descendants spouse s i.e. child, descendants adopted child or grandchild. (if y have not Furrmore, turned 21 or right y to employment are dependent is granted on to foreigner s spouse s or descendants on his/her (if y spouse) and have to not turned foreigner s 21 y ascendants are dependent on (parents, foreigner grandparents), or on his/her spouse) if y and to depend foreigner s ascendants (parents, grandparents), if y depend on him/her as well. on him/her as well. THIRD COUNTRY NATIONALS THIRD COUNTRY NATIONALS Non-EU citizens or third country nationals are also entitled to take up employment Non-EU citizens in or Poland, third country however, nationals ir are also access entitled to take labour up employment market in depends Poland, on however, ir access to labour market depends on type of residence permit, that authorizes type of residence permit, that authorizes ir stay in Poland. ir stay in Poland. WORKING WITHOUT A SEPARATE WORK PERMIT WORKING WITHOUT A SEPARATE WORK PERMIT A foreigner does not need a separate work permit if he/she: has a refugee status was granted subsidiary protection has a residence permit due to humanitarian reasons has a consent for tolerated stay received temporary protection in territory of Poland he/she is entitled to work in Poland without additional permits His/her spouse and descendant (child) (if he/she has not turned 21 or is dependent on foreigner), who have temporary residence permit in territory of Poland, are exempt from acquiring work permit as well. IMPORTANT! During refugee/protection procedure, foreigners are not allowed to work. IMPORTANT! During However, if after refugee/protection 6 months from day of submitting procedure, refugee foreigners application are not decision has not been issued by Head of Office for Foreigners, due to reasons allowed to work. However, if after 6 months from day of submitting for which a foreigner cannot be blamed, he/she has a right to submit an application refugee application decision has not been issued by Head of Office for Foreigners, identity, due is to basis reasons for legal employment for which in a Poland foreigner during cannot procedure be for blamed, for issuance of a certificate. This certificate along with a temporary certificate of he/she has a right foreigner to and submit his/her spouse. an application for issuance of a certificate. This certificate along with a temporary certificate of identity, is basis for legal employment in Poland during procedure for foreigner and his/her spouse. Third country nationals holding: Permanent residence permit or Long-term EU-resident permit 9 along with members of ir families are also entitled to work in Poland without additional permissions.

10 decision has not been issued by Head of Office for Foreigners, due to reasons for which a foreigner cannot be blamed, he/she has a right to submit an application for issuance of a certificate. This certificate along with a temporary certificate of identity, is basis for legal employment in Poland during procedure for Welcome foreigner to and Poland his/her spouse. info package for foreigners living in Krakow Third country nationals holding: Permanent residence permit or Long-term EU-resident permit along with members of ir families are also entitled to work in Poland without additional permissions. It is worth mentioning that in some cases, third country nationals It is worth mentioning that in some cases, third country nationals are exempt from obligation are exempt from obligation to acquire a work permit based on specific 5 to acquire a work permit based on specific regulations concerning selected types regulations concerning selected types of residence permits 3 of residence permits or types of employment of foreigners in territory of Poland 4 3 or types of employment of foreigners in territory of Poland 4.. Foreigners are exempt from obligation to acquire a work permit in Poland if y: hold a temporary residence permit of certain types e.g.: o in order to study o in order to carry out scientific research o on grounds of specific family situation divorce, separation, death of a spouse o in order to unite with ir families o granted to human trafficking victims o on grounds of or circumstances are a spouse of Polish citizen have a valid Pole s Card REQUIREMENT OF A SEPARATE WORK PERMIT Foreigners may be employed in Poland without a work permit if ir employment is one of In all following: remaining cases, a third country national staying legally in Poland is required to hold a work permit in order to be employed. y are employed to conduct trainings, y take part in internships or y supervise implementation of EU programmes Foreigners and or need international work aid programmes, permit if y plan to: y work as a foreign language teacher, conduct classes in foreign languages under work in international Poland on contracts ground and agreements, of a contract (labour contract, contract for specific y work, are employed fee-for-task in armed agreement) forces or civilian with personnel an entity, in international which main military office, place of structures, residence, department, factory or different form of organized activity is y located work as a regular in Poland correspondent of foreign media, y deliver occasional lectures and presentations, take up y function are athletes in representing executive Poland during board sports of competitions, a legal entity entered in Register y of are Entrepreneurs full-time students during or included period from in July group to September, of capital companies in y are students directed to apprenticeship training, y are delegated to work in a cultural institutions of a foreign state 3 Art. 87 sec. 2 of Act on employment promotion and labour market institutions (Journal of Laws of 2004, No. 99, item 1001, i.e. Journal of Laws of 2015, item 149) 4 The REQUIREMENT Ordinance of Minister OF A of SEPARATE Labour and WORK Social Policy PERMIT of 21 April 2015 on cases in which entrustment job to foreigner in territory of Poland is allowed without requirement of a work permit (Journal of Laws of 2015, item 588) In all remaining cases, a third country national staying legally in Poland is required to hold a work permit in order to be employed Art. 87 sec. 2 of Act on employment promotion and labour market institutions (Journal of Laws of 2004, No. 99, item 1001, i.e. Journal of Laws of 2015, item 149)

11 Application for issuing work permit must be submitted by prospective employer, who thus o in order to unite with ir families o granted to human trafficking victims o on grounds of or circumstances are a spouse of Polish citizen have a Welcome valid Pole s to Card Poland info package for foreigners living in Krakow Foreigners may be employed in Poland without a work permit if ir employment is one of following: y are employed to conduct trainings, y take part in internships or y supervise implementation of EU programmes and or international aid programmes, y work as a foreign language teacher, conduct classes in foreign languages under international contracts and agreements, y are employed in armed forces or civilian personnel in international military structures, y work as a regular correspondent of foreign media, y deliver occasional lectures and presentations, y are athletes representing Poland during sports competitions, y are full-time students during period from July to September, y are students directed to apprenticeship training, Foreigners need work permit if y plan to: y are delegated to work in a cultural institutions of a foreign state work in Poland on ground of a contract (labour contract, contract for specific work, fee- organization, for-task agreement) and with duration an entity, of which ir main stay office, in place of territory residence, of department, Poland exceeds factory or total different of 6 form months of organized during activity consecutive is located in Poland 12 REQUIREMENT OF A SEPARATE WORK PERMIT months take up function in executive board of a legal entity entered in Register of In all remaining cases, a third country national staying legally in Poland is required to hold a work work for a foreign employer while being delegated to territory of Poland ir for more stay in than territory 30 days of Poland in a exceeds year to a total division of 6 months or factory during consecutive of foreign 12 or permit in Entrepreneurs order to be employed. or included in group of capital companies in organization, and duration of entity months within meaning of Act of 26 July 1991 on Personal Income 3 Art. Tax. 87 sec. work 2 of for a Act foreign on employment employer promotion while being and delegated labour market to institutions territory (Journal of Poland of Laws for of more 2004, than No. 99, item 1001, i.e. Journal of Laws of 2015, item 149) 4 The Ordinance 30 days of in a year Minister to a of division Labour and or factory Social Policy of foreign of 21 April or entity 2015 on within cases in which meaning entrustment of Act of As job specified to 26 July foreigner 1991 on above, in Personal territory third Income of Poland country Tax. is allowed without nationals requirement must of also a work hold permit (Journal valid residence of Laws permits. of 2015, item 588) Polish law specifies which types of residence permits allow As specified above, third country nationals must also hold valid residence permits. Polish law to apply for a work permit. 6 specifies which types of residence permits allow to apply for a work permit. There are different types of residence permits allowing a third country national to work, providing that a separate work permit is issued: national visa Schengen visa o IMPORTANT! Employment is not allowed for holders of national or Schengen visas issued for: Touristic purposes Accessing temporary protection Arrival due to humanitarian reasons, interest of state or international commitment Certain types of residence documents issued by or Schengen countries Stay in Poland under visa-free regime temporary residence permit o IMPORTANT! Does not apply to permission issued on grounds of obligation to appear before Polish public authority If a foreigner stays in Poland on basis of a tourist visa and holds a work permit, he/she is neverless not able to work legally. Only residence 11 documents listed above allow to take up employment, in accordance with law.

12 If a foreigner stays in Poland on basis of a tourist visa and holds a work permit, he/she is neverless not able to work legally. Only residence documents listed above allow to take up employment, in accordance with law. Application for issuing work permit must be submitted by prospective employer, who thus becomes a party to relevant proceedings. The work permit is issued by Voivode [wojewoda], thus application shall be submitted in appropriate Provincial Office according to employer s head office location or place of residence. The Voivode issues a permit if: 1. salary determined in contract with foreigner is not lower than salary of or employees performing comparable work or holding a comparable position; 2. employer has presented required information from appropriate district head [starosta] concerning impossibility of meeting staffing needs of this employer based on analysis of unemployed registry or based on negative results of previous recruitment. The work permit is issued for purpose of employing a specific foreigner, for a specified period of time, no longer than 3 years, which however can be prolonged. The work permit also specified following: employer position or type of performed work minimum salary that foreigner will be paid working time validity period of permit Employment is considered legal only when foreigner performs type of work determined in permit. Thus, when foreigner wants to change work (change employer or/and position or/and sector he/she works in), he/she has to obtain a new permit. JOINT TEMPORARY RESIDENCE AND WORK PERMIT In 2014 a new form of temporary residence permit was introduced, called simply: temporary residence and work permit. This permit is intended for third country nationals whose purpose and basis for stay in Poland is ir employment. In order to work, foreigner who applies for issuance of 12

13 temporary residence permit on basis of work performed in Poland is not obliged to obtain work permit earlier. In case of granting temporary residence and work permit, simultaneously issued residence card certifies holder s right to work in Poland for specified employer and under specific conditions determined in decision of granting permit. In case of temporary residence and work permit, a foreigner is obliged to have i.a.: health insurance documents confirming that foreigner has a source of stable, regular income sufficient to cover ir own living costs and those of family members supported by m documents confirming possession of a guaranteed place of residence information from Voivode concerning results of labour market test which confirms that employer is not able to meet staffing needs on local labour market employment contract or a similar contract (mandate contract regulated by civil law code) signed with employer The decision granting temporary residence and work permit contains information about foreigner s employer, position on which foreigner will be employed, minimum salary that foreigner may receive for given position, working time and type of contract pursuant to which foreigner will be employed. In case of foreigner s intention to work for several employers, decision shall specify se employers and terms and conditions for performing work shall be determined separately for each entity (employer). The foreigner s salary must not be lower than salary of or employees performing comparable work or holding a comparable position. A temporary residence and work permit is granted for a maximum of 3 years. However, validity period of a residence and work permit may be shorter. Usually period for which a temporary residence and work permit is issued depends on documents presented by foreigner. For instance, if foreigner has signed an employment contract with employer for a period of 2 years, temporary residence and work permit will also be issued for a period not exceeding 2 years. If a foreigner intends to perform work for a different employer or his/ 13

14 her employment terms and conditions change during validity period of authorization, he/she should submit an application for change of permit. However, in case of changes of seat, place of residence, name or legal form of employer or in case if employer s company is taken over in whole or in part by anor employer, re is no requirement to replace or issue a new temporary residence and work permit. The Voivode shall withdraw, thus invalidating temporary residence and work permit, if foreigner does not inform him/her about change of his/her job position or reduction of salary. While residing in Poland on basis of a temporary residence and work permit, foreigners are obliged to notify competent Voievode in writing about loss of ir job with any of employers listed in decision granting temporary residence and work permit within 15 working days since losing job. If y notify Voievode accordingly ir temporary residence and work permit shall not be withdrawn within 30 days counting from day of loss of job. If y do not find a new employment within 30 days since day of losing ir job and notifying Voievode, ir temporary residence and work permit may be withdrawn and invalidated. If y find a new employer and obtain a new temporary residence and work permit within 30 days, n y may legally continue ir stay in Poland. DECLARATION OF THE INTENTION TO EMPLOY A FOREIGNER In context of right to work of third country citizens it should be noted that nationals of six countries were given a special, privileged status in Poland. These countries are: The Republic of Armenia, Republic of Belarus, Republic of Georgia, Republic of Moldova, The Russian Federation and Ukraine. If a foreigner is a citizen of one of states, he/she may be employed without obtaining a work permit providing that: total period of employment may not exceed 6 months within a 12-month period, regardless of number of employers County Labour Office competent as to foreigner s place of residence or of location of head office of employer registered employer s written declaration of intention to hire him/her, before employment started 14

15 work shall be performed on basis of written contract an employment contract or a similar contract (mandate contract regulated by civil law code), according to conditions determined in declaration. In declaration of intention to employ foreigner, following information should be included: work shall be performed on basis of written contract an employment contract or a data similar of contract foreigner (mandate to be contract employed regulated by civil law code), according to name conditions of position/occupation determined in declaration. In place declaration of workof intention to employ foreigner, following information should be included: date of commencement and period of work performance type data of employment of foreigner to contract be employed name of position/occupation total place gross of salary work date of commencement and period of work performance and additionally: type of employment contract information total gross about salary lack of possibility to meet staffing needs of employer based on local labour market and additionally: declaration of employer about his familiarity with regulations concerning stay and work of foreigners information about lack of possibility to meet staffing needs of employer based on local labour market declaration of employer about his familiarity with regulations concerning stay The employer shall deliver original of declaration to foreigner and work of foreigners he/she intends to employ, thus you shall obtain declaration through post The employer if you are shall abroad. deliver original of declaration to foreigner he/she intends to employ, thus you shall obtain declaration through post if you are abroad. The registered constitutes basis for foreigner to be granted documents legalizing ir stay. If a foreigner is abroad and has The registered declaration constitutes basis for foreigner to be granted documents received legalizing ir stay. declaration, If a foreigner he/she is abroad may and has approach received declaration, Polish Consulate he/she may approach in country Polish of Consulate his/her in permanent country of his/her stay permanent in order stay to in obtain order to a obtain residence a residence visa visa for work. When foreigner foreigner arrives arrives to Poland, to he/she Poland, can apply he/she for issuing can apply a temporary for issuing residence a temporary residence permit. permit. IMPORTANT! The registered declaration is a confirmation that foreigner has right to perform a short-term work for specified employer; however, it is not proof of employment with a given employer. The document that confirms foreigner s employment is employment contract or a similar (civil law regulated) agreement. After foreigner s arrival to Poland, he/she should conclude a written contract with employer, on or hand his/her work will be regarded as illegal! Moreover, within 7 days since signing employment contract, employer is required to register foreigner for purposes of social security 15 and health insurance, which entitles him/her to free use of health services (excluding situation of signing a contract for specific work).

16 IMPORTANT! State administration workers recommend to act with due caution during this procedure since it is often abused by fraudulent companies. Particularly, persons who use services of unofficial employment agencies are exposed to risk. After arrival, it is possible that work conditions and salary differ considerably from what was promised. It is worth remembering that procedure of issuing declaration in Poland is free of charge, refore any fees charged by agencies from foreigner for issuing or transmitting documents are unauthorized. Moreover, within 7 days since signing employment contract, employer In case of doubts, is required it is always to a good register idea to research foreigner information for about purposes future employer of before social taking decision to travel to Poland. It is possible to call employer or verify all data in security and health insurance, which entitles him/her to free use of health REGON database ( or KRS (National Court Register, services (excluding situation of signing a contract for specific work). online.com.pl). Any Polish private employment agency that functions as an employing entity, should also If be included employer in National is interested Register of Employment in hiring a Agencies foreigner ( for a period of time exceeding 6 months, he/she may apply for a work permit after 3 months since hiring you. In this case labour market test conducted by district head is not 1.2. required. The rules for establishing business activity Similarly In case to taking-up of doubts, and performing it is a always work to a good employer idea by to foreigners research staying information Poland, a about foreigner should future check employer legal regulations before wher taking he/she is decision entitled to set to up travel business to activity Poland. It defined is possible as a gainful to call activity in employer construction, or verify trade and all service data sectors in and a REGON professional database activity performed ( in a continued and organized manner. KRS (National Court Register, Any Polish private employment agency that functions as an employing entity, should also be included in National Register WHO of IS Employment ENTITLED TO SET UP Agencies AND CONDUCT ( BUSINESS ACTIVITY IN POLAND? Some foreigners natural persons not having Polish citizenship, who apply for status of an 1.2. entrepreneur The (a rules person for who establishing conducts business business activity activity on his/her own behalf) may take up and conduct business activity on same conditions as Polish citizens. According to applicable regulations, foreigners may set up and conduct each and every form of business activity admitted in Similarly Polish law. to taking-up and performing a work to employer by foreigners staying in Poland, a foreigner should check legal regulations wher -- If foreigners he/she are a citizens is entitled of: to set up business activity defined as a gainful activity EU-Member in construction, State trade and service sectors and a professional activity performed European Free in Trade a continued Association Member and organized State manner. Agreement on European Economic Area parties WHO IS ENTITLED TO SET UP AND CONDUCT and BUSINESS ACTIVITY IN POLAND? country that is not a part of Agreement on European Economic Area but y Some may foreigners exercise of freedom natural of persons establishment not on having basis Polish of citizenship, contracts concluded who with apply for European status Union of an and entrepreneur Member States (a person who conducts business activity on his/her own behalf) may take up and conduct business activity on y are entitled to take up business activity on same conditions as Polish citizens. same conditions as Polish citizens. According to applicable regulations, - If foreigners are third country nationals y may take up and conduct business activity in territory of Poland on same conditions as Polish citizens if y have: 16 11

17 foreigners may set up and conduct each and every form of business activity admitted in Polish law. - If foreigners are a citizens of: EU-Member State European Free Trade Association Member State Agreement on European Economic Area parties and country that is not a part of Agreement on European Economic Area but y may exercise of freedom of establishment on basis of contracts concluded with European Union and Member States»» y are entitled to take up business activity on same conditions as Polish citizens. - If foreigners are third country nationals y may take up and conduct business activity in territory of Poland on same conditions as Polish citizens if y have: permanent residence permit long-term EU-resident permit temporary residence permit granted to foreigner s family member for purpose of family reunification; granted on basis on long-term EU-resident permit issued by EU Member State different than Poland if such a person justifies his/her place of residence in Poland; granted to foreigner s family member who has long-term EU-resident permit issued by EU Member State different than Poland if he/she resided with foreigner in or EU Member State and wants to stay with this foreigner in Poland; granted for purpose of undertaking or continuing higher studies or full-time doctoral programmes in Poland; refugee status subsidiary protection 17

18 residence permit due to humanitarian reasons or consent for tolerated stay if y are spouse of a Polish citizen and refore you have temporary residence permit temporary residence permit for purpose of conducting business activity issued on grounds of continuation of conducted business activity on basis of CEIDG entry (Central Register and Information on Economic Activity). Besides, y exercise same rights as Polish citizens in this case if: y are granted temporary protection in territory of Poland y have a valid Pole s Card y are a family member of an EU-citizen staying in Poland The categories of foreigners not mentioned above, whose stay in Poland is based on anor type of residence permit e.g. visa, are also entitled to take-up and conduct business activity in Poland, but in a limited scope. In general, those categories of foreigners are entitled to take up and conduct business activity solely in form of: limited partnership limited joint-stock partnership limited liability company joint-stock company They are also able to become enter as partner into such companies/partnerships, acquire shares unless applicable international treaties state orwise. For that reason, y should check wher re is such an international treaty concerning ir country. Foreigners may find relevant information in online treaty base on Ministry of Foreign Affairs website. If foreigners wish to establish business activity of one of four above mentioned types it is not necessary for m to have right of residence in Poland. The majority of procedures may be carried out online (e.g. establishing business activity requires you to submit an application for registration in Central Register and Information on Economic Activity CEIDG, which can be done via computerized system; after registration in CEIDG y will be able to submit application for a business activity - 18

19 related visa in Polish Consulate in ir native country). However, if y want to perform specified work in ir company, y must acquire a work permit and hold a residence title in Poland. Accordingly, if you y are interested in conducting business activity on same conditions as Polish nationals (in a form or than above mentioned four types), y are required to obtain a proper residence permit. LEGALIZATION OF STAY DUE TO BUSINESS ACTIVITY Visa A foreigner, who conducts business activity in Poland, may apply for a visa for purpose of carrying out business activity. In addition to basic set of documents required to obtain a visa, he/she shall submit to Polish Consulate documents which confirm conducting business activity in Poland e.g. entry in National Court Register (KRS), notarized partnership agreement, tax clearance certificate. However, it must be considered that visa cannot be issued due to mere intention to conduct business activity, unless a foreigner demonstrates his/her intention and justifies necessity to enter Poland. In such a case, it is a consul s decision wher provided evidence are sufficient to issue a visa. Temporary residence permit A foreigner who stays in Poland and conducts business activity in form of limited partnership, limited joint-stock partnership, limited liability company or joint-stock company may apply for temporary residence permit issued for purpose of carrying out business activity. This is one of several forms of legal stay of a foreigner and it is strictly correlated with intention to conduct business activity, since it is issued to pursue this objective. It should be noted that general conditions of issuing temporary residence permit need to be observed. The grounds for applying for permit must justify foreigner s stay in territory of Poland for a period longer than 3 months. The temporary residence permit is issued for a period necessary for accomplishment of purpose of foreigner s stay in territory of Poland from 3 months to 3 years, with possibility to apply for subsequent permits. If a foreigner applies for a temporary residence permit for purpose of carrying out business activity, he/she shall n determine purpose of his/her stay in Poland intention to conduct business activity. Moreover, foreigner shall demonstrate his/her health insurance or a confirmation of coverage by insurer for medical expenses in territory of Poland, 19

20 a regular and stable income source sufficient for covering own and family members maintenance, a permission for activities where it is requested and a place of residence in Poland. Additionally, when performing a job in company created by himself/ herself, foreigner shall demonstrate that activities of his/her company is, or will be beneficial for Polish economy (e.g. by contributing to increase of investment, transfer of technologies, introduction of beneficial innovations or job creation) and present confirming documents. Thus, positive decision on granting permit is dependent on assessment of foreigner s company according to criteria of generated income and creation of new jobs e.g. company must employ at least two Polish citizens full time The threat of human trafficking Human trafficking constitutes a crime and is punished by law. According to definition included in The Polish Penal Code, crime of human trafficking concerns persons and may take various forms such as: recruitment, transportation, transfer, harbouring, receipt of a certain person a victim of human trafficking. In order to qualify those acts as human trafficking, y must occur using: violence or threat, abduction, fraud, deception or taking advantage of victim s inability to properly understand ir actions abuse of authority, taking advantage of critical situation or state of helplessness, giving or receiving of payments or benefits to acquire consent of a person having control over anor person. Moreover, in order to comply with definition, act must occur 20

21 for purpose of exploitation of victim, even with ir consent. The mentioned exploitation may take various forms, for example: prostitution, pornography or or forms of sexual exploitation, forced labour or services, begging, slavery or or forms of exploitation in violation of human dignity or for purpose of obtaining cells, tissues or organs contrary to statutory provisions. If this crime is committed against a child (a person under 18 years of age) it constitutes human trafficking, even if methods or means listed above have not been used. There are certain categories of persons who are especially threatened by human trafficking: minors persons in a difficult situation - persons seeking employment abroad, abroad, without without foreign language foreign skills language and without skills knowledge and without of knowledge foreign legal system of and foreign culture legal of system country in and which y culture stay. of country in which y stay. All persons who have fallen victims of human trafficking are entitled to receive help, regardless of ir citizenship or legal status! Free aid is provided by National Consulting and Intervention Centre Free aid is provided by National Consulting and Intervention Centre for Victims of for Victims of Trafficking (KCIK) phone number: (+48 22) Trafficking (KCIK) phone number: (+48 22) The KCIK Centre is run by non-governmental The KCIK Centre is run by non-governmental organizations and financed by organizations and financed by state budget. In order to benefit from KCIK s assistance, state budget. In order to benefit from KCIK s assistance, Police, Police, Border Guards or prosecutor have to formally identify a given person as a victim of human Border Guards or have to formally identify a given person as trafficking. If victim does not want to cooperate with law enforcement in proceedings against a victim of human trafficking. If victim does not want to cooperate with perpetrators, employees of KCIK may still issue an opinion confirming that person in law enforcement in proceedings against perpetrators, employees of KCIK may still issue an opinion confirming that person in question question is a victim of this crime. Though such a case this person can receive KCIK s assistance, non-cooperation in criminal proceedings makes it impossible to legalize one's stay in Poland based is a victim of this crime. Though in such a case this person can receive KCIK s on premise of being a victim of human trafficking. assistance, non-cooperation in criminal proceedings makes it impossible The to assistance legalize provided one s by stay KCIK in includes Poland e.g. based safe accommodation, on premise food, healthcare, of being a psychological victim of human support, legal trafficking. consultations and assistance of a translator. The assistance provided by KCIK includes e.g. safe accommodation, food, healthcare, psychological support, legal consultations and assistance of a translator The problem of forced labour The issue of forced labour is directly linked with crime of human trafficking since it is very often means of exploiting trafficking victims. This phenomenon 21 concerns to a large extent women and children; however, it does not mean that men do not fall victim. Forced labour is often associated with exploitation in sex business but it may take place in many or forms.

22 1.4. The problem of forced labour The issue of forced labour is directly linked with crime of human trafficking since it is very often means of exploiting trafficking victims. This phenomenon concerns to a large extent women and children; however, it does not mean that men do not fall victim. Forced labour is often associated with exploitation in sex business but it may take place in many or forms. The following elements characteristic of forced labour shall be mentioned: use of unfair practices or coercion by employer or recruiter, use of physical or psychological violence, confiscation of documents (e.g. identity card, passport, visa) deprivation of liberty, control of mobility, deprivation of salary, work without an employment contract, work time exceeding acceptable standards. Considering above, if someone arranged for a foreigner to work in Poland (even if it was an employment agency) but did not inform him/her beforehand about working conditions, or if se conditions were different than those specified in documents that foreigner holds (e.g. declaration of intention to employ, visa) and foreigner was exploited by his/her employer as a consequence, it may be presumed that foreigner is a victim of human trafficking for purpose of forced labour. 2. Accommodation: 2.1. Rental of premises included in housing stock of Municipality Premises which constitute housing stock of Municipality of Krakow are intended for rent as social housing or temporary accommodation under conditions and in cases envisaged by law and resolution of Municipality of Krakow 5. 5 The Act on protection of tenants rights, municipal housing reserves and on change of Civil Code (Journal of Laws of 2001, No. 22

23 In order to apply for tenancy of premises to fulfil housing needs due to low incomes, a foreigner shall meet criterion of unsatisfied housing needs and present documents testifying actual place of residence in territory of Municipality and being on a low income. The applicants acquire entitlements to receive offer to conclude a tenancy agreement of social housing after being included in final housing list. Conclusion of tenancy agreement is based on: Referral document entitling to conclude a tenancy agreement of premises or of temporary place, issued by President of Krakow or a person acting upon his authorization Court judgement setting out entering into tenancy of premises Court judgement setting out existence of tenancy of premises Decision on allotment of residential premises, issued to premises at disposal of authorized organizational units Court settlement. Social housing tenancy agreement shall be concluded for period not longer than 8 years. Social housing tenancy agreement is prolonged for next period after its expiration, if tenant is still in situation justifying conclusion of agreement. The situation justifying conclusion of agreement shall be interpreted as meaning that applicant cannot fulfil housing needs in or premises and is on a law income. In justified cases, prolongation of tenancy agreement may concern or social premises. All matters related to allocation of premises from housing stock in Krakow are realized by: Department of Housing Housing Assistance Office Wielopole 17a, Krakow Rental of flats Looking for a flat, a foreigner may seek assistance of a real estate broker or do it himself/herself, e.g. on Internet. The foreigner should remember that such an aid of a broker is subject to payment: conclusion of an agency agreement involves one-off payment in amount of % of monthly rent for tenancy determined in agreement. 71, item 733 i.e. Journal of Laws of 2014, item 150; RESOLUTION NO.XXI/340/15 OF THE KRAKOW TOWN HALL of 8 July 2015 on principles of renting premises belonging to housing stock of Municipality of Krakow and temporary premises 23

24 By deciding to rent a flat, it is necessary to conclude a tenancy agreement which affirms right to occupy rented premises and which shall be between landlord and tenant. It is required to enter into an agreement in writing in two counterparts in Polish language. Although re are not particular requirements concerning form, every agreement should define: Personal data of landlord and tenant, PESEL numbers, numbers of documents confirming se data (e.g. in case of a foreigner passport and residence card) Subject of agreement and full address of premises Period for which agreement is concluded: definite period (e.g. 1 month, 6 months) or indefinite period Conditions of termination of tenancy agreement by both parties Standing charges i.e. rent, as well as time limits and forms of payment, payment of deposit and payment of utilities (water, gas, electricity) The description and technical condition of premises at time of handing over should be also mentioned. It is also recommended to specify readings of meters, e.g. for electricity, water or gas in attachment of agreement. Such information should help to determine actual use of utility by tenant during period of residence in given premises. An agreement concluded for a definite time (e.g. 1 year) terminates automatically after end of its validity. The agreement may be denounced (finished), preferably in writing, with a sufficient notice period determined in it. An agreement concluded for an indefinite period of time may be denounced with a notice period specified in it, and if such a period is not specified in agreement in accordance with statutory notice periods. The statutory period of notice for denouncement of a tenancy agreement (concluded for an indefinite period, with monthly rent payments) is 3 months starting from end of calendar month in which notice was given. If rent is paid at intervals longer than 1 month, tenancy may be finished at latest 3 months in advance at end of calendar quarter. However, if rent is paid at intervals shorter than 1 month, tenancy may be denounced 3 days in advance, and if flat is rented on a daily basis one day in advance. A tenancy agreement may be denounced both by tenant and landlord. The landlord is entitled to terminate agreement with immedi- 24

25 ate effect when flat is used by tenant in a manner inconsistent with its intended use, e.g. if tenant causes damage, conducts business activity in flat or if unauthorized persons stay and spend nights in flat. The landlord may denounce agreement without notice period also in case tenant falls behind with a rent for at least two full payment periods (in case of monthly payments 2 months) and landlord has forewarned tenant about denouncement in writing and set additional monthly period for payment of arrears. After termination of tenancy, tenant is obliged to leave premises in condition not worse than at moment of commencement of tenancy. Registration is in Poland compulsory. However, if owner expresses consent for registration in rented flat (it is illegal to charge any additional fees for such a consent!) it does not mean that a foreigner has any title to premises, since registration is only a confirmation of factual situation, that is stay of a specific person in given premises. 3. Driving licence: 3.1. Validity of foreign driving licences in Poland If a foreigner s country of origin is party to Vienna Convention on Road Traffic, and authorities of this country issued document entitling him/her to drive vehicles, foreigner s driving licence will be recognised on Polish territory. The foreigner may, refore, drive in Poland, as his/her licence is valid also on territory of Republic of Poland. However, an existing limitation under provisions of Convention and relevant provisions of Polish law provides that use of a licence issued by authorities of anor state is limited to 6 months. This means, that from start of temporary or permanent residence on Polish territory, foreigner has got 6 months to exchange his/her foreign driver s licence to Polish document Rules for obtaining a driving licence GETTING A POLISH DRIVING LICENCE ON THE BASIS OF A FOREIGN DRIVING LICENCE In order to obtain a Polish equivalent of a driving licence entitling to drive a vehicle, a foreigner should apply for a replacement of driving licence. 25