Everything you need to know about the Starosta’s Opinion for foreign workers in Poland.
Let’s assume you are a foreign employee in Poland. Then you know how important it is to have valid documents that allow you to legally stay and work in the country. One of such documents is the Starosta’s Opinion.
What is the Starosta’s Opinion, who needs it and what are the benefits of having this document – let’s put it in simple words.
What is the Starosta’s Opinion?
Before you submit an application to the governor, your employer must of course prove certain facts: namely, that there are no Polish candidates for the job position offered to them on the local labour market.
Information from the district governor, also known as the district governor’s opinion or labor market test. This document is issued by the district labor office competent for the place where the foreigner works. When the nature of the work performed does not allow for indicating the main place of work, the district governor publishes information in the area where the employer has its registered office or resides. In the appropriate district, you submit an application to the governor for yourself or the foreigner you want to employ.
The starosta’s opinion is therefore an important document for foreign employees, unless they are exempt from obtaining it. Based on the labor market research, entrepreneurs can obtain a work permit and then employ foreigners. The service and consulting company MAGFIN has extensive experience in obtaining the starosta’s opinion for foreigners throughout Poland.
What exactly is a labor market test and when is it necessary?
The starost’s opinion is a document issued by the employment office, which confirms the inability to meet the demand for personnel of a given company on the local labor market (provided that there are no candidates for this job position in the given area who do not need the starost’s information and meet the employer’s requirements). However, if such a candidate is found and the employer does not hire him – the starost will issue information that it is possible to meet these staffing needs. In such a case, the employer will not obtain a work permit and will not be able to employ a foreigner.
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How to obtain information from the mayor?
The entire process of obtaining a job involves the employer submitting a job offer for the position in which it intends to employ foreigners, along with all the working conditions such as: remuneration, position, working hours, as well as the requirements and qualifications necessary to perform the work.
Based on this data, the office checks the unemployment register for candidates for a given position.
It is really important that the salary indicated in the submitted offer is comparable (not underestimated) to the salary for the same or similar position on the local labor market.
How much does it cost? How long does it take to get it?
The starosta’s opinion is completely free of charge.
It is issued by the office within 21 days of the date of the job offer being submitted by the Employment Office. The opinion must be issued no earlier than 180 (or 90) days before the start of the application for a work permit, including a seasonal work permit. Short-term conditions are possible after justification by the starosta.
The labor market test is therefore a document that allows foreigners to take up employment. Without the Opinion of the District Governor, he will not be able to legalize his stay on the basis of taking up gainful employment.
However, there are cases in which information from the starosta is not required.
Who needs the Starosta’s Opinion?
It is necessary for foreign employees in the case of proceedings for granting temporary residence for work or for performing work requiring high qualifications (so-called blue card).
It is also needed to obtain a work permit for a foreigner whom the entrepreneur wants to employ.
Is it possible to obtain a work permit in Poland without the Starosta’s Opinion?
Yes, it is possible, it all depends on the details of your situation. The service and consulting company MAGFIN offers support in choosing the best method of legalizing work for you.
The employer may apply for a work permit without prior information from the starosta in the following cases:
- The profession to be performed by the foreigner is included in the annex to the regulation of the Minister of Family, Labor and Social Policy of 28 June 2018 (Journal of Laws of 29 June 2018, item 1264) (these include doctors, nurses, programmers, database designers, caregivers for the elderly, bricklayers, painters, locksmiths, bus and truck drivers);
- A citizen of Armenia, Belarus, Georgia, Moldova or Ukraine, performing nursing and care work or working as a domestic help for natural persons in a household in Poland;
- Foreign citizens employed in sports centres as sports coaches or athletes.
- A foreigner who has been authorized to represent a foreign entrepreneur in its branch or representative office located in Poland;
- People with the Pole’s Card ;
- Citizens of Armenia, Belarus, Georgia, Moldova or Ukraine who have worked for at least 3 months in the same entity and in the same position in the period preceding the submission of an application for a permit to practice a profession based on a written contract if the Labour Office abroad competent for the place of permanent residence or registered office of the entity to which the work was entrusted has registered, by the time the work abroad begins, a written declaration of the entity on the intention to entrust the performance of work to a foreigner, provided that the registration declaration and the contract and documents confirming the payment of health insurance contributions, when required in connection with the work performed (e.g. ZUS RCA form, confirmation of submission to ZUS).
NOTE! This declaration must be valid on the day of submission of the application! - If, within 3 years prior to submitting an application for a work permit, he/she graduated from a university located in the territory of the Republic of Poland or another country of the European Economic Area or the Swiss Confederation, or studied to obtain a doctoral degree in the Republic of Poland.
- If, before submitting an application for a work permit, he or she resided legally in the territory of the Republic of Poland for an uninterrupted period of 3 years during the artistic residency period. 195 Art. 4 of the Act on Foreigners of 12 December 2013
“Within the meaning of Article 195, paragraph 4 of the Act (…) the stay of a foreigner is deemed to be uninterrupted if none of the interruptions was longer than 6 months and all interruptions in total did not exceed 10 months”
What are the benefits of the labor market test?
The District Officer’s Opinion is a basic document for employers employing foreign workers. Thanks to it, entrepreneurs will obtain work permits for foreigners and can be sure that their activities are in accordance with Polish law and that they are not threatened by the consequences of employing workers illegally. MAGFIN has extensive experience in helping employers conduct the labor market test procedure.
It is also important for foreign workers themselves. First of all, it allows you to obtain a work permit and legally employ in Poland, which in turn gives you the opportunity to use the Polish social security system and medical care. It also allows you to apply for a temporary residence and work permit.
By using the services of the service and consulting company MAGFIN, you do not have to fill out applications and permits yourself, because experienced experts will do it for you. MAGFIN provides support at every stage.
Why is it worth using the services of the MAFGIN service and consulting company regarding the Starosta’s Opinion?
For years, we have specialized in serving foreigners in Poland. Thanks to this, you can be sure that your case will be handled reliably and professionally. The procedure can be carried out by us in its entirety remotely. If the persons representing the entity employing the employee have a Trusted Profile or another qualified electronic signature.
Certainly, our specialists are up-to-date with changes in Polish law and know how to prepare an application for a District Officer’s Opinion in the most effective and safest way for you. In our company, we offer comprehensive assistance in obtaining a District Officer’s Opinion, starting from filling in the application, through conducting the administrative procedure, to receiving the finished document. Our goal is to provide you with maximum satisfaction and security.
Advantages of using MAFGIN services:
First: Experience – we have many years of experience in the industry, so you can be sure that your case will be handled professionally and efficiently.
Secondly: Individual approach – we treat each order individually, analyzing the situation and selecting the best solutions.
Next: Support – our specialists are always ready to help and answer your questions.
Finally: Speed - we know that time is important to you, so we try to get things done as quickly as possible.
