08.05.2015 change 08.05.2015

From May 1 it is easier for foreign students to work in Poland

Photo: Fotolia Photo: Fotolia

Foreign students of full-time studies in Poland can now work in Poland without having to obtain work permit throughout the year - not only during three summer months. The rules came into force on 1 May under the Regulation of the Minister of Labour.

The new rules was introduced by the Regulation of the Minister of Labour and Social Policy of 21 April 2015 "on the cases in which, employing a foreigner on Polish territory is allowed without having to obtain a work permit".

According to the Ministry of Labour website, for the most part it is consistent with an earlier Regulation of 20 July 2011. The changes concern, inter alia, work permits for foreign students.

"Until now, foreign students could work in Poland without a permit only during the three months of summer. Extension of this period required obtaining a permit, for which the student’s employer applied, and which was valid only for a specific workplace" - explained the Ministry of Science and Higher Education in a release sent to PAP.

The new rules allow foreigners to work in Poland throughout the duration of a student visa, the whole year. The change applies to all students of uniform masters, full-time undergraduate and graduate courses, and doctoral students who are staying in Poland on a student visa. Students staying in Poland on the basis of temporary residence permits are already covered by the exemption from the requirement to hold a work permit.

"In line with our strategy of internationalisation of higher education, which we are already implementing, we want to encourage even more foreign students to study in Poland. Their number increases from year to year, but compared with other European Union countries it is low. Educational offer of universities is important, but many foreign students also want to gain experience in Polish companies. The new legislation will create such an opportunity and will be a big incentive to study in Poland" - said Minister of Science and Higher Education Lena Kolarska-Bobińska.

Polish universities currently educate approx. 46 thousand foreigners. Compared with last year, their number increased by 10 thousand. Citizens of 158 countries study In Poland. Most of them are Ukrainians (23 thousand) and Belarusians (4 thousand), but there are also many Norwegians and Swedes (1.5 thousand).

According to the Ministry of Labour, in accordance with the Regulation, exempt from the requirement to obtain a work permit are also foreigners giving occasional lectures, presentations of a particular scientific or artistic value - regardless of the place of residence of such persons. Until now, the condition was that they should retain permanent residence abroad.

A significant change also concerns statements of intention to assign work to a foreigner, registered by the district labour offices.

According to the Ministry of Labour, the regulation was clarified to avoid any doubts that the circumstance justifying an exemption from the requirement to obtain a work permit is a statement specifying the actual working conditions of a foreigner. The statement must therefore contain the name of occupation, place of work, commencement date and duration of work, type of contract which is the basis of job performance and the gross salary amount. It should also contain the information about the inability to meet staffing needs based on the local labour market and on having read the provisions relating to residence and work of foreigners.

"The purpose of the solution is to better protect the rights of foreigners working on the basis of statements, ensure the level of protection of foreigners working on the basis of statements similar to those working on the basis of work permits, and facilitate the control of legality of foreigners\' work" - explained the Ministry of Labour.

PAP - Science and Scholarship in Poland

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