For a foreign national in Poland, changing employer is not always only an employment decision. Depending on the residence basis and the documents authorising work, the change may also affect lawful employment and an ongoing residence procedure.
The current legal basis matters first
The first step is to establish the document on which the foreign national currently works and stays in Poland. The wording of the residence decision, the type of work authorisation and the stage of any pending proceedings may all be relevant. Two employees in apparently similar situations may therefore require different action.
A change during pending proceedings needs to be assessed in context
Where a residence application is already pending, the new employment should be considered against the documents and information already submitted to the authority. Sending new documents without reviewing how they affect the existing case may create inconsistencies or leave important issues unresolved.
Review before the change is usually the safer approach
TRC Poland Law & Immigration reviews the current residence and work basis, the decision or pending case and the proposed new employment. On that basis we determine what steps are appropriate before or after the change and how the employment and residence aspects should be handled together.
This material is general in nature and does not replace an assessment of an individual case. In residence and employment matters, the relevant documents, previous course of proceedings and the client’s circumstances may affect the appropriate legal and procedural approach.