This new legislation eliminated the requirement of 'obtaining Promise of Work Permit, based on issued visa.' Now, the Work Permit can be obtained and will be completed at the home country when the foreign national applies for a visa in order to legalize the stay in Poland. Please note however, that a Work Visa or Residence Permit must be obtained first to validate a Work Permit.
The whole procedure is approximately completed within 60 days from the date the complete application packet is submitted.
The Work Permit Validity is now seen to last for maximum of three years. However, authorities advised that in 2009, the permits will only be for 12 months. This is most likely a strategy to transition for the longer validity of the Work Permit.
Intra Company Transfer (ICT) has been simplified by eliminating 'workforce demand step'. The process is shortened for a month after eliminating that particular step.
The following must be met in exchange to the local market information.
a. Foreign national must remain on the payroll of the home country outside Poland
b. There is no employment contract with host entity based in Poland
c. The transfer is done within the same capital group
Observations:
The above procedure will help both the sponsoring company and the visa recipient in regards to timing and simplification of both application process. The ICT is very supportive to the business goals of both the home country company and host country company plus convenience of the employee. The key to success is that all entities involved must be synchronized and compliant to the regulations. Guidance from an experienced professional is essential if you are not certain on the components of the regulations.
For any questions or need guidance about the above changes and procedures, please send to info@jntconsulting.com
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