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ICT mobility — short-term

PolandWork

Explore the five recorded questions, answers and sources for this pathway.

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What type of worker, employment situation, occupation or professional activity is this pathway actually designed for?

The pathway is designed for a third-country national who holds an ICT residence permit issued by another EU Member State and will work in Poland as a manager, specialist, or trainee at a host entity belonging to the home employer or the same group of companies, as part of an intra-corporate transfer, for short-term mobility up to 90 days within any 180-day period.

See recorded sources
  • Introduction
    Holders of a residence permit referred to in Article 1(2)(a) of Council Regulation (EC) No 1030/2002 of June 13, 2002, laying down a uniform format for residence permits for third-country nationals (OJ EU L 157 of May 27, 2014, p. 1), bearing the annotation “ICT,” issued by another Member State of the European Union applying Directive 2014/66/EU of May 15, 2014, on the conditions of entry and residence of third-country nationals in the framework of an intra-corporate transfer (OJ EU L 157 of May 27, 2014, p. 1 —this does not apply to residence permits issued by Ireland and Denmark—including by a non-Schengen country, may exercise mobility within the territory of the Republic of Poland for a period not exceeding the validity of that residence permit, which entails the right to enter, residence, and work in that territory as a manager, specialist, or trainee at a host entity established in Poland, belonging to the home employer or to the same group of companies, as part of an intra-corporate transfer, including short-term mobility for up to 90 days within any 180-day period in Poland, regardless of the possibility of exercising this mobility in other EU Member States applying Directive 2014/66/EU, under certain conditions.

Does the applicant need a job offer, employer, sponsor, transfer relationship or other employer involvement? What is important about that employer relationship?

The applicant must be posted by a home employer whose registered office is outside the EU, EFTA-EEA, or Switzerland, and must work at a host entity established in Poland that belongs to the home employer or the same group of companies. The host entity in another EU Member State that issued the ICT permit is responsible for filing the notification; the foreigner cannot file it himself.

See recorded sources
  • Introduction
    The company employing the third-country national from which he or she is to be posted (the so-called home employer) should therefore have its registered office outside the territory of the Member States of the European Union, the Member States of the European Free Trade Association (EFTA)—parties to the Agreement on the European Economic Area—or the Swiss Confederation.
  • Preparation of the notification
    The law makes the party responsible for filing a mobility noticehost entity only established in another Member State of the European Union -The foreigner is not entitled to file the notice himself.

What are the few decisive professional characteristics of the pathway: occupation, qualifications, experience, salary, skill level, shortage status, labour-market condition or equivalent?

The decisive professional characteristics are that the work must be performed exclusively as a manager, specialist, or trainee, and the foreigner must hold a valid ICT residence permit issued by another EU Member State. For regulated professions, the foreigner must have formal qualifications or meet other conditions required for that profession.

See recorded sources
  • Introduction
    Under an intra-corporate transfer pursuant to the rules set forth in Directive 2014/66/EU, work may be performed exclusively in the capacity of a manager, specialist, or trainee.
  • Grounds for issuing a decision of objection
    the foreigner has no formal qualification or does not meet other conditions that are required in the case of the intention to work in a regulated profession within the meaning of Article 5(4) of the Act of 22 December 2015 on the principles of recognition of professional qualifications acquired in the Member States of the European Union, or

What work does the permission allow? Is the holder tied to an employer, occupation or sector? Can family accompany where clearly established?

The permission allows the holder to enter, reside, and work in Poland as a manager, specialist, or trainee at a host entity established in Poland, belonging to the home employer or to the same group of companies, for short-term mobility up to 90 days within any 180-day period. The official source does not state whether family members can accompany the holder.

See recorded sources
Limits of the record
  • The document does not state whether family members can accompany the holder.
  • Introduction
    may exercise mobility within the territory of the Republic of Poland for a period not exceeding the validity of that residence permit, which entails the right to enter, residence, and work in that territory as a manager, specialist, or trainee at a host entity established in Poland, belonging to the home employer or to the same group of companies, as part of an intra-corporate transfer, including short-term mobility for up to 90 days within any 180-day period in Poland

How long is the permission normally granted for, how is it renewed, and what longer-term residence direction exists if officially stated?

The permission is for short-term mobility up to 90 days within any 180-day period in Poland, and the mobility period must not exceed the validity of the ICT residence permit. The document does not state how the permission is renewed or any longer-term residence direction.

See recorded sources
Limits of the record
  • The document does not state how the permission is renewed.
  • The document does not state any longer-term residence direction.
  • Introduction
    including short-term mobility for up to 90 days within any 180-day period in Poland
  • Introduction
    for a period not exceeding the validity of that residence permit

These are the answers currently recorded in the catalogue. A missing or partial answer is not an eligibility decision.

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