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Temporary residence based on Decision 1/80 — Turkish worker

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 citizens of the Republic of Turkey who enjoy special rights to work in Poland under Articles 6 and 7 of Decision No. 1/80 of the Association Council of the Republic of Turkey and the EEC of September 19, 1980. It covers Turkish citizens with varying levels of qualifications and skills, including low- and mid-level staff as well as highly skilled workers.

See recorded sources
  • Introduction
    A temporary residence permit based on other circumstances, granted for the purpose of stay referred to in Article 186(1)(5) of the Act on Foreigners, is a specific type of authorization to reside and work in Poland, due to the fact that it is limited to Turkish citizens.
  • Eligible Persons
    Citizens of the Republic of Turkey who enjoy special rights to work in Poland. These rights stem from Articles 6 and 7 of Decision No. 1/80 of the Association Council of the Republic of Turkey and the EEC of September 19, 1980, on the development of the Association
  • Eligible Persons
    Due to its general nature, Turkish citizens with varying levels of qualifications and skills—including both low- and mid-level staff as well as highly skilled workers—may apply for this permit.
  • Requirements
    Both the declared and actual purpose of the foreigner's stay in Poland is taking up or continuing employment, which is not seasonal work and toes not constitute secondment by an employer

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

Employment is the basis of the permit: performing work must be the basis for the application and must justify a stay in Poland of more than 3 months. The applicant presents an agreement constituting the basis for performing work in Poland and documents confirming the course of employment in Poland (e.g. employment contract, employment certificates, ZUS certificates) to establish rights under Decision No 1/80. The application must be signed by the foreigner personally and cannot be signed by the employer.

See recorded sources
Limits of the record
  • The source does not say whether the employer must take any active part in the application (e.g. an employer annex or sponsorship).

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 characteristic is Turkish citizenship with rights acquired under Decision No. 1/80 through legal employment in Poland; the pathway is not limited to an occupation, qualification, skill level, salary or shortage status. The key requirement is employment history: after one year with the same employer, continued work there if the position is retained; after three years of legal employment with the same employer, work in the same profession for any employer, subject to the priority of Polish/EU citizens; after four years, free access to any salaried employment.

See recorded sources
  • Eligible Persons
    Due to its general nature, Turkish citizens with varying levels of qualifications and skills—including both low- and mid-level staff as well as highly skilled workers—may apply for this permit.
  • Eligible Persons
    A citizen of the Republic of Turkey: after one year of legal employment, continues to work for the same employer, provided that his position has been retained; after 3 years of legal employment with the same employer, has the right to work in the same profession for any employer (subject to the priority of Polish/EU citizens); after 4 years of legal employment under the terms outlined above, has free access to any salaried employment and may therefore take any job in Poland without needing a work permit.
  • Introduction
    A temporary residence permit based on other circumstances, granted for the purpose of stay referred to in Article 186(1)(5) of the Act on Foreigners, is a specific type of authorization to reside and work in Poland

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

The permit allows the holder to reside and work in Poland, with work rights depending on the stage of rights acquired under Decision No. 1/80: after one year of legal employment, work for the same employer; after three years, work in the same profession for any employer, subject to the priority of Polish/EU citizens; after four years, free access to any salaried employment without a work permit. The official source does not state any further tie to an employer, occupation or sector, or whether family can accompany.

See recorded sources
Limits of the record
  • The document does not explicitly state whether the holder is tied to an employer, occupation, or sector beyond the described stages.
  • The document does not mention family accompaniment.
  • Introduction
    A temporary residence permit based on other circumstances, granted for the purpose of stay referred to in Article 186(1)(5) of the Act on Foreigners, is a specific type of authorization to reside and work in Poland
  • Eligible Persons
    A citizen of the Republic of Turkey: after one year of legal employment, continues to work for the same employer, provided that his position has been retained; after 3 years of legal employment with the same employer, has the right to work in the same profession for any employer (subject to the priority of Polish/EU citizens); after 4 years of legal employment under the terms outlined above, has free access to any salaried employment and may therefore take any job in Poland without needing a work permit.

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

The permit is granted for the period necessary to fulfil the purpose of stay, from over 3 months to 3 years. It is not automatically renewed; a foreign national who wishes to continue residing in Poland must apply for a residence permit before its expiration, provided they meet the necessary requirements. The document does not state any longer-term residence direction.

See recorded sources
Limits of the record
  • The document does not state any longer-term residence direction.
  • Period for which it is granted
    the period necessary to fulfill the purpose of stay, from over 3 months to 3 years.
  • Renewal
    This permit is not automatically renewed. A foreign national who wishes to continue residing in Poland must apply for a residence permit before its expiration, provided they meet the necessary requirements.

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

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