Starost’s opinion is a document, issued by employment office, which confirms the lack of possibility of meet staff needs of the employer’s company at the local labor market. On condition that there is not registered unemployed person, which the employer could hire.

It is attached to an application about temporary residence and work permit or work permit.

 

Starost’s opinion must be issued not earlier than 180 days before submitting an application about issuing work permit or seasonal work permit, but in cases justified by the starost it is issued not earlier than 90 days before submitting an application.

Not every situation requires a labor market test procedure. In the cases indicated below, the employer may apply for a work permit without need of having prior information from the starost.

 

You don’t need a Starost’s opinion if:

  1. The profession, in which a foreigner performs work, is on the list in Appendix to the Regulation of the Minister of Labor and Social Policy (among them there are doctors, nurses, programmers, database designers, sitters of the elderly, bricklayers, painters, plumbers, bus drivers).
  2. If the citizens of Armenia, Belarus, Georgia, Moldova, Russia or Ukraine perform nursing and caring work in Poland or as domestic help for natural persons in the household.
  3. If a foreigner, as a sports coach or athlete, performs work for sports clubs.
  4. A foreigner authorized to represent a foreign entrepreneur in his branch or representative office located on the territory of the Republic of Poland.
  5. In the case of a doctor and dentist, undergoing training or implementing a specialization program, according to the regulations on the specialization of doctors and dentists.
  6. If a citizen of 6 states (Armenia, Belarus, Georgia, Moldova, Russia or Ukraine), who in the period directly preceding the submitting an application for a work permit was employed for a period of not less than 3 months with the same employer and in the same position in accordance with the declaration on entrusting work to a foreigner.
    Provided that there is declaration on entrusting work to a foreigner (entered in the register of declarations), an employment contract, and documents, confirming the payment of social security contributions (e.g. ZUS RCA print with confirmation of submission to ZUS).
    ATTENTION!!! The declaration must be valid at the day of submitting  an application.
  7. A citizen of 6 states (Armenia, Belarus, Georgia, Moldova, Russia or Ukraine), who in the period directly preceding the submitting an application for a work permit was working for the same entity and in the same position for a period of at least 3 months on the basis of an agreement concluded in writing form. If, before the foreigner starts work, the Poviat Labour Office, taking into account location or seat of the entity, entrusting work, registered written declaration of this entity about the intention of entrusting work for the foreigner.
    Provided that there is a declaration on entrusting work to a foreigner (entered in the register of declarations), an employment contract, and documents, confirming the payment of social security contributions (e.g. ZUS RCA with confirmation of submission to ZUS).
    ATTENTION!!! The declaration must be valid at the day of submitting  an application.
  8. If in the period of 3 years directly preceding the submitting an application for a work permit, a foreigner has graduated from a university with its seat on the territory of the Republic of Poland or another country of the European Economic Area (EEA) or the Swiss Confederation, or he or she is a participant of doctoral studies, which are conducted in the Republic of Poland, or documents confirming their fulfillment must be presented.
  9. If for 3 years preceding the submitting an application for a work permit, a foreigner has been residing legally on the territory of Poland Republic. And the stay was uninterrupted according to the Art. 195 paragraph 4 of the Act about foreigners of 12 December 2013.

 

“Within the meaning of Art. 195 (4) of the Act about foreigners of 12 December 2013, the stay of a foreigner is considered  to be uninterrupted if none of the breaks was longer than 6 months and all the breaks in total did not exceed 10 months.”

Appendix:

Regulation – professions, exempted from starost’s information.