LEGAL EMPLOYMENT
The PIP (The National Labour Inspectorate) announces that in the case of an expired travel document, a Foreigner may still be employed if he/she has a valid:
- notification on entrusting work to a citizen of Ukraine
- a declaration on commissioning work to a foreigner (citizens of Ukraine, Belarus, Georgia, Armenia, Moldova)
- work permit
if his/her stay is based on:
- a work visa,
- a temporary residence permit (residence card) or
- under visa-free regime,
and in the case of refugees from Ukraine:
- a stamp placed in the passport by a Border Guard officer during border control, confirming the crossing of the border of the Republic of Poland in the period from 24 February 2022,
- PESEL number with UKR status;
- an electronic document pl in the mObywatel mobile application
It should be noted that certain residence titles (e.g. temporary residence permit issued on the basis of work performed, temporary residence permit issued on the basis of work in a highly skilled profession – Blue Card, temporary residence permit issued on the basis of family reunification, etc.) entitle the holder to stay and work without having to obtain a work permit or a declaration on commissioning work.
LEGAL RESIDENCE
The PIP points out that the issue of whether a foreigner has an expired passport is not within the competence of this institution, but within the competence of the Border Guard (Straż Graniczna) as the other institution with the authority to carry out checks on the legality of employment.
The standpoint of the Border Guard clearly states that a foreigner is required to have a valid passport in order for his/her stay to be recognised as legal reffering Article 288 of the Law on Foreigners of 12 December 2013. The Border Guard points out that the only basis for legal residence (in addition to the above-mentioned residence documents) is:
- a valid passport
allowing also the confirmation of the Foreigner’s application to the diplomatic post of his/her country for
- renewal of the passport,
- issuance of a new passport,
- issuance of a so-called ‘white passport’, a document for departure.
LACK OF A VALID PASSPORT
If the above requirements are not met, the foreigner is obliged to leave the territory of Poland on the last day of validity of their travel document. If a foreigner fails to present one of the above mentioned documents during a Border Guard check, a fine of up to PLN 500 may be imposed on him/her.
SUMMARY
In our opinion, the validity of the passport does not provide a premise excluding the performance of legal work in the territory of the Republic of Poland, which does not contradict the need for the Foreigner to take care of the obligation to renew or replace the passport during the period of its validity. Thus, we recommend employers to oblige Foreigners to provide a document confirming the fulfilment of this obligation.