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Tracer
Joined: 22 Oct 2008 Posts: 65 Location: Warszawa, PL
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Posted: Tue Dec 02, 2008 2:35 pm Post subject: Work Permit vs. Work Visa: USA or Ukraine? |
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The more I learn about the Polish/EU laws and regulations, the less I understand.
Here's what I want to know:
1. Is a work permit per employer?
(I was told that when an employer files for a work permit for you, it's only good for working with that employer. Is this the case?)
2. What's the difference between a work permit and a work visa?
3. Can I apply for a residence permit in Ukraine instead of going back to the US and dealing with the morons at the Polish consulate in LA or NY? (My Schengen visa has less than 45 days left on it).
My end goal is to first; be a legally employed (non-EU) English teacher with a legal right to be in the country, and second; Set up my own private company here in Poland. I really don't mind filling in the forms and waiting in line. I just need to know what to do and what forms to submit where. (This is the most difficult part). |
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misteradventure
Joined: 18 Aug 2003 Posts: 246
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Posted: Wed Dec 03, 2008 3:42 am Post subject: |
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You probably want to hire a lawyer as you may or may not receive good advice in this forum.
My advice from a Polish lawyer was to not consider Polish law as set in concrete, but more like the weeds in the river- very complicated, somewhat random and subject to floating downstream without notice. |
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scottie1113
Joined: 25 Oct 2004 Posts: 375 Location: Gdansk
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Posted: Wed Dec 03, 2008 10:23 am Post subject: |
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You might want to ask the US embassy in Poland about that. My understanding of the Schengen zone thing is that you can only stay for 90 days or 180 in a year unless you have a residency card. To apply for that you need to have more than 45 days left on your visa, proof of a job, a lease agreement for your flat, health insurance and a whole lot of other things. It takes time to process it but once you have the card you're good for a year. |
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Harry from NWE
Joined: 13 Sep 2007 Posts: 283
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Posted: Wed Dec 03, 2008 3:51 pm Post subject: Re: Work Permit vs. Work Visa: USA or Ukraine? |
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Tracer wrote: |
1. Is a work permit per employer?
(I was told that when an employer files for a work permit for you, it's only good for working with that employer. Is this the case?)
2. What's the difference between a work permit and a work visa?
3. Can I apply for a residence permit in Ukraine instead of going back to the US and dealing with the morons at the Polish consulate in LA or NY? |
1. Yes a work permit is only good for a single employer.
2. A work visa gives you the ability to be granted a work permit. A work permit gives you the ability to work legally.
3. You can only apply in the country in which you are a permanent resident. So unless you have the right to permanently reside in any other country, you must go back the the USA to get your work visa. |
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the new guy
Joined: 19 Oct 2006 Posts: 127
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Posted: Thu Dec 04, 2008 10:02 am Post subject: |
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a work permit is per an employer, however a work visa is not.
My work visa does not have the employers name written on it. However the Embassy in Canada, and the PL Gov't have copies of my work offer for my employer.
I do not need a work permit to teach english here in PL.
BUUUUUUUUT...that is dependent on what country you are a citizen of.
If you don't know....go research it on this forum, or online. its easily found. |
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Harry from NWE
Joined: 13 Sep 2007 Posts: 283
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Posted: Thu Dec 04, 2008 11:35 am Post subject: |
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the new guy wrote: |
I do not need a work permit to teach english here in PL.
BUUUUUUUUT...that is dependent on what country you are a citizen of. |
It is also dependent on whether the school you work for is regsitered with and inspected by the Polish Ministry of Education. If it isn't, you need a work permit regardless of which country you are from. |
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the new guy
Joined: 19 Oct 2006 Posts: 127
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Posted: Thu Dec 04, 2008 7:42 pm Post subject: |
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Harry from NWE wrote: |
the new guy wrote: |
I do not need a work permit to teach english here in PL.
BUUUUUUUUT...that is dependent on what country you are a citizen of. |
It is also dependent on whether the school you work for is regsitered with and inspected by the Polish Ministry of Education. If it isn't, you need a work permit regardless of which country you are from. |
hmmmm I don't work for a government registered/inspected school. I got my work visa from the embassy. I work for a private run/owned school.
Please show me documents that require a native speaker from Canada to have a work permit. I'd like to see it.
You do know that PL relaxed the work permit requirement about 1.5 years ago. I've posted this before, and i'll post it again
"V. Most significant categories of non-EEA nationals are not required to possess a work permit:
1. Foreign language teachers � native speakers. citizens of the U.S.A., Canada, Australia, New Zealand.
2. People who give occasionally lectures and presentations (not exceeding 30 days a year), if they have permanent residence abroad.
3. Students of the Polish universities � during the summer break � in July, August and September.
http://www.wup.mazowsze.pl/cudzoziemcy/angielski.pdf |
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Blasphemer
Joined: 03 Dec 2008 Posts: 199 Location: NYC/Warszawa
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Posted: Thu Dec 04, 2008 8:44 pm Post subject: |
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the new guy wrote: |
[i]"V. Most significant categories of non-EEA nationals are not required to possess a work permit:
1. Foreign language teachers � native speakers. citizens of the U.S.A., Canada, Australia, New Zealand. |
This is great news, I've been wondering... |
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Harry from NWE
Joined: 13 Sep 2007 Posts: 283
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Posted: Fri Dec 05, 2008 9:51 am Post subject: |
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the new guy wrote: |
hmmmm I don't work for a government registered/inspected school. I got my work visa from the embassy. I work for a private run/owned school.
Please show me documents that require a native speaker from Canada to have a work permit. I'd like to see it.
You do know that PL relaxed the work permit requirement about 1.5 years ago. I've posted this before, and i'll post it again: |
Yes I do know that Poland has relaxed the rules. Pity that the wording of your link doesn't reflect the precise wording of the relevant decision of the minister (which mentions nothing about nationalities, only about countries in which the official language is English).
I will ask a friend of mine who runs a school in Warsaw to dig out a web link for the rules on work permits. I'm certain about the rules because she recently had a lot of problems convincing the foreigners office that they could issue a residency permit to an American who didn't have a work permit (her argument was that her school is Min Ed inspected and so no work permits are needed, Min Ed wrote a letter to the foreigners office confirming this). |
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the new guy
Joined: 19 Oct 2006 Posts: 127
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Posted: Fri Dec 05, 2008 9:57 pm Post subject: |
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that link does mention nationalities
"citizens of the U.S.A., Canada, Australia, New Zealand"
again... another classic example of how PL law is applied differently and open to interpretations. Like depending on how an official feels on a certain day. |
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celtdancer
Joined: 16 Jan 2009 Posts: 5 Location: USA
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Posted: Sat Feb 07, 2009 8:20 pm Post subject: *exceptions for Native English speakers (USA) work permit |
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Hi, I'm trying to understand this thread because I'm an American, already here in Poland, trying to work legally (teaching English). I read the posts about the difference between a work visa and work permit, and then read the VERY interesting link that says that citizens of native-speaking English countries don't need a work permit.
Which is me, since I'm a USA girl.
(Again, here's the link: http://www.wup.mazowsze.pl/cudzoziemcy/angielski.pdf)
But then the (linked-to) document ALSO says that even though these exceptions don't need a work PERMIT, they still need A VISA FOR THE PURPOSE OF WORK issued by the consulate. So what is this visa? Is it something rare and unusual, that many gov't people I talk to in Poland won't know what it is? And is it an actual piece of paper, or a sticker that goes into your passport, or what?
I'm not IN AMERICA anymore, to go apply at any Polish Consulate. I'm in Poland already!!! (And yes, I entered as a regular tourist, with a regular American passport, and no "visa" per se and no stamp, via train from Switzerland).
I have a language school owner that wants to give me a job teaching English. Before I met her, I had just submitted my application for a Residency Permit for a Defined Period of Time, because I want to stay in Poland until I hear the results of my Application to Confirm Polish Citizenship (thanks, grandpa!) which I submitted in Warsaw at 5 Dluga about 2 weeks ago.
Unfortunately, the Wojewodskie office where I gave my RP application to (not Warsaw) did not have a CLUE how to deal with an American. The meeting was very difficult (even with a very patient, astute woman translating for me) and the young boy working at that Wojewodskie asked for documents which are not even on the 'list' ---like my birth cert, both the English original and the Polish translation, plus more photos than what the "list" says. I think he just wanted to sound like he knew his job, but he was completely flummoxed by my presence. I actually believe that he wished I had not shown up that day. I happened to have the birth cert - both versions - as well as the extra photos on me, because I have learned from my other big application process to take EVERYTHING with me to a Wojewodskie, just in case. So I gave him all this 'extra' stuff, but was highly annoyed at his lack of competence and completely indifferent manner.
NOTE: I did *not* apply for the Residency Permit on the basis of any job, so there was no work letter / job offer letter in my application. Rather, I pursued the "Other" category, saying that I want to stick around for 6 months because that is the estimated timeframe for getting the results of my application to Confirm my Polish Citizenship. I even included a copy of the "cover page" / receipt page, indicating that the big Wojewodskie in Warsaw at 5 Dluga expects to have an answer on my citizenship case within 6 months, and my case number.
Also, I *did* get a Zameldowanie first - it was part of the RP application - thanks to my maybe-future-employer taking me to the local village's Urzad Miasto and 'registering me'. The Urzad lady said I should have registered within 4 days of arriving in Poland...but when I arrived last month, none of my cousins were willing to go to the Urzad with me to translate / explain - and in this little village where my family members live, none of the Urzad people speak English. And I didn't speak any Polish those few weeks ago. So my maybe-future-boss said that I live at her house, and they gave me the small white piece of paper wtih their Urzad's red stamp (seal) on it.
Interestingly enough, the zameldowanie says that I arrived in Poland last week, when it's really a few weeks longer than that. I'm not sure how this happened or why, because I couldn't follow her entire conversation with the Urzad lady... but it does buy me more time in Poland. (The Zamel doesn't exactly use the word "arrived", though; it's more like "What dates do you want this registration to cover", according to my boss-friend's translation. So maybe it wasn't such a stretch. HOWEVER, the Residency Permit application does ask clearly what date I arrived in Poland -- and I put the truth, which is different from the date on the Zamel by a few weeks earlier. I wonder if anybody will notice? This was confusing and I'm sure it's not in my favor to have any mismatched dates. But I like to be honest, especially when Schengen stuff might be involved.
Anyway, I gave my Residency Permit application in on my 44th day in Poland -- so just under the wire for the "45 day deadline". But the young idiot working there (sorry that is a harsh term I know, but he was absolutely awful to deal with) said that the decision for my RP "could take 2 or 3 months" -- which doesn't help me at all with Schengen issues!!! I don't want to overstay, of course. And I have 45 days left only. (or 40 at this point). Needless to say, I was very upset when he said this. If it's true that it could take so long, then WHY was I doing the Residency Permit application in the FIRST PLACE? And paying 340zl for it, plus 17+9 more zloty so that my translator-friend could have Power of Attorney on my application, in case any phone calls or follow up was needed in Polish.
So in conclusion:
Does anybody know more about (1) this "Work Visa' mentioned in the linked document above, (the document that says that Americans don't need a Work Permit), and how to get it, and how to get it without flying back to USA, and: (2) getting this "Residency Permit for Defined Period of Time" and how long it really takes them to process it? I need an answer within the "45 remaining days" I have here, or else I'm risking overstaying Schengen. And that would keep me up at night, since I'm already trying to Confirm my Polish Citizenship and want to keep a clean record.
And (3), would it just have been easier to convince my boss to start the procedures for a work permit for me? Instead of me applying for "my own" Residency Permit? Or would I have had to do the RP anyway? It looks like almost the same application, just different attachments and letters (plus work 'promise'? from my boss/the town?).
Thanks for help!-- Kristina. |
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the new guy
Joined: 19 Oct 2006 Posts: 127
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Posted: Sun Feb 08, 2009 10:47 am Post subject: |
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wow....long read.
1- you DO NOT need a work permit as a citizen of the USA. so don't worry about it. I'm Canadian, I don't need it, dont' have it, no troubles.
2- you MUST get your work VISA in the USA. (as far as i know) Check this http://www.washington.polemb.net/?document=105 last line of page reads - Please apply for visa with the appropriate Polish consulate in accordance with territorial jurisdiction. So that means you must apply where you are living in the USA.
And the WORK VISA is a sticker put into your passport
All the info you need is on that link.
this process is simple. don't overthink it.
read this http://www.polishforums.com/poland_work_permit_visa_processing-43_18788_0.html |
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scottie1113
Joined: 25 Oct 2004 Posts: 375 Location: Gdansk
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Posted: Sun Feb 08, 2009 11:07 pm Post subject: |
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To add to the confusion, I'm an American teaching English in Gdansk. I have neither a work permit nor a work visa (I don't need them) and I teach legally for an accredited private school. I have a residency card, which is all I need. Good luck. |
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Harry from NWE
Joined: 13 Sep 2007 Posts: 283
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Posted: Mon Feb 09, 2009 7:14 pm Post subject: Re: *exceptions for Native English speakers (USA) work permi |
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celtdancer wrote: |
Interestingly enough, the zameldowanie says that I arrived in Poland last week, when it's really a few weeks longer than that. I'm not sure how this happened or why, because I couldn't follow her entire conversation with the Urzad lady... but it does buy me more time in Poland. (The Zamel doesn't exactly use the word "arrived", though; it's more like "What dates do you want this registration to cover", according to my boss-friend's translation. So maybe it wasn't such a stretch. HOWEVER, the Residency Permit application does ask clearly what date I arrived in Poland -- and I put the truth, which is different from the date on the Zamel by a few weeks earlier. I wonder if anybody will notice? This was confusing and I'm sure it's not in my favor to have any mismatched dates. But I like to be honest, especially when Schengen stuff might be involved. |
Don't sweat it. You don't need to have a maldunek if you only stay somewhere for a couple of days (fewer than five I believe). So if anybody asks you can just say that you were backpacking around the hostels of Poland and only stayed a couple of nights in each.
celtdancer wrote: |
Anyway, I gave my Residency Permit application in on my 44th day in Poland -- so just under the wire for the "45 day deadline". But the young idiot working there (sorry that is a harsh term I know, but he was absolutely awful to deal with) said that the decision for my RP "could take 2 or 3 months" -- which doesn't help me at all with Schengen issues!!! I don't want to overstay, of course. And I have 45 days left only. (or 40 at this point). Needless to say, I was very upset when he said this. If it's true that it could take so long, then WHY was I doing the Residency Permit application in the FIRST PLACE? And paying 340zl for it, plus 17+9 more zloty so that my translator-friend could have Power of Attorney on my application, in case any phone calls or follow up was needed in Polish. |
The office has a legal obligation to issue you with a decision within 45 days. They do sometimes give you a decision and then tell you that the magic card itself will take another week or two. But they must issue you with a decision within 45 days of your application.
celtdancer wrote: |
Does anybody know more about (1) this "Work Visa' mentioned in the linked document above, (the document that says that Americans don't need a Work Permit), and how to get it, and how to get it without flying back to USA, and: |
Americans do need a work permit if they work for a school which is not registered with the Ministry of Education. If the school is Min Ed registered, they do not need a work permit. As I understand the situation, in order to have a work permit, one needs to have a working visa (i.e. a sticker which is put in your passport in the Polish consulate nearest to where you permanently reside) or a temporary residents card.
There is no official way to get a work visa without going back to (in your case) the USA. However, people have been known to post their passport back to the USA and then get a relative to take the passport to the Polish consulate. I wouldn't recommend that course of action, especially as Polish consulates have started to sometimes insist that somebody applying for a work visa turns up in person to collect the visa.
celtdancer wrote: |
(2) getting this "Residency Permit for Defined Period of Time" and how long it really takes them to process it? I need an answer within the "45 remaining days" I have here, or else I'm risking overstaying Schengen. |
As I said: they must issue you with their decision within 45 days. And no they are not allowed to use "we didn't have enough time to process the application" as a reason for rejecting your application.
celtdancer wrote: |
And that would keep me up at night, since I'm already trying to Confirm my Polish Citizenship and want to keep a clean record. |
You won't have your Polish citizenship taken away from you for that. Having your citizenship stripped takes a serious amount of effort.
celtdancer wrote: |
(3), would it just have been easier to convince my boss to start the procedures for a work permit for me? Instead of me applying for "my own" Residency Permit? Or would I have had to do the RP anyway? It looks like almost the same application, just different attachments and letters (plus work 'promise'? from my boss/the town?).
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Personally I'd just start working and if there is an inspection blame the delay in having your citizenship confirmed. Provided that you can prove that you are entitled to Polish citizenship, you are a Polish citizen and have been one since you were born. The fact that you do not currently have a Polish passport is irrelevant.
We recently had a case involving an Israeli in a very similar situation to you (i.e. working while waiting to receive his confirmation of citizenship). The Labour office left him alone once they got copies of the paperwork proving that he had been born to Polish citizens and was in the process of confirming his Polish citizenshipl. |
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scottie1113
Joined: 25 Oct 2004 Posts: 375 Location: Gdansk
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Posted: Tue Feb 10, 2009 11:56 am Post subject: |
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I applied for another residency card in September and received a decision within 45 days. 1-2 weeks to process the card? Ha! I pick mine up Thursday, only 3 1/2 later. Same thing happened last year. |
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