Dismissal from work in Poland can affect the residence card (karta pobytu), but the consequences depend not on the mere fact of termination of employment, but on the legal basis upon which the foreigner obtained the residence permit. In some cases, changing or losing a job requires reissuing documents, in others — no action is required, and in certain situations even having a new employment contract does not guarantee the retention of the current permit. We explain what rules apply after dismissal and when it is necessary to submit documents for a new karta pobytu.
Karta Pobytu and the Voivode's Decision: What Determines Status
In Poland, the residence card (karta pobytu) only confirms the foreigner's right to reside, while the actual conditions of stay are determined by the voivode's administrative decision (decyzja). It is this decision that records the basis, duration, and limitations of the status. Therefore, when assessing the consequences of dismissal, the key document is not the plastic card, but the text of the voivode's decision granting the permit. The inscription “dostęp do rynku pracy” on the card does not always mean that a person can work in any company without additional formalities: the type of permit, its legal basis, and the specific conditions of the administrative decision are of decisive importance.
Single Residence and Work Permit: Tied to the Employer
A single temporary residence and work permit (zezwolenie na pobyt czasowy i pracę) is usually issued specifying a particular company, as well as the position, salary, working hours, and other employment conditions. If a foreigner resigns or moves to another employer, they are obliged to fulfill the formalities established by law: depending on the circumstances, either a change to the current permit or the issuance of a new one will be required. In some cases, such a permit is issued without specifying a particular company — this is possible if the foreigner has the right to work without a separate work permit. Then changing employers generally does not require reissuing the decision solely due to the transition to another company, however, if employment itself was the basis for obtaining the permit, the complete cessation of work may affect its validity.
When Job Loss Does Not Affect the Permit
A temporary residence permit issued in connection with marriage to a Polish citizen or family reunification, provided there is the right to work without a separate work permit, does not require changing the basis of residence after dismissal. The situation is similar with a temporary residence permit for the purpose of full-time study at a Polish higher education institution: since the basis of stay is studying, dismissal from work generally does not affect the validity of such a permit. Holders of a permanent residence permit (pobyt stały) or EU long-term resident status (rezydent długoterminowy UE) have free access to the Polish labor market and can change employers without reissuing their residence permit due to dismissal.
Dismissal Does Not Mean Automatic Cancellation
If a foreigner has a temporary residence and work permit tied to an employer, the termination of employment may become the basis for its withdrawal. But dismissal does not mean automatic cancellation of the karta pobytu. The withdrawal of the permit (cofnięcie zezwolenia) is carried out as part of an administrative procedure, and the decision is made by the voivode, not the employer. Consequently, the company cannot independently cancel a former employee's residence card. At the same time, if the circumstances on the basis of which the permit was issued no longer exist, the state authority may initiate the procedure for its withdrawal — this applies to both resignation at one's own request and termination of the employment contract at the initiative of the employer.
Obligation to Notify the Voivode: 15 Working Days
According to Article 121 of the Polish Act on Foreigners, the holder of a single temporary residence and work permit is obliged to notify the voivode in writing about the loss of employment with the employer specified in the decision. 15 working days from the date of job loss are allotted for this. The notification is sent to the voivode who issued the permit. Thus, even in a case "tied" to the employer, the foreigner is not left without obligations: missing the notification deadline can complicate further status, while timely appeal allows the voivode to assess whether the basis for stay remains.
What to Do After Dismissal: Practical Steps
To understand what obligations arise after dismissal, you must first check the voivode's decision granting the permit. If it indicates the name of the employer, position, salary amount, and other employment conditions, the permit is linked to a specific job and the rules of notification and possible reissuance apply. If the employer is not specified, you need to find out on what legal basis the foreigner received the permit and whether they have free access to the labor market. Only by comparing the type of permit, its basis, and the conditions of the administrative decision can it be determined whether a change or issuance of a new permit is required, or whether dismissal entails no consequences for the status.
